One thing’s bothered me since the Peterson verdict came in. I’m certain it will become a focus of the inevitable appeal. For all the evidence that was presented in the trial, there seemed to be no evidence that the murder was a premeditated one. I don’t necessarily mean evidence that Scott was telling people beforehand that he planned to kill Laci. There was also no evidence from the crime scene that indicated that the murder was not a “heat of passion” crime, or that Scott had necessarily intended to kill his wife.
Consider this scenario: Scott returns home from work. Laci confronts him about his mistress. Violent struggle. In the midst of the struggle, Laci dies. Was this a hot-blooded or cold-blooded crime? Was this a premeditated crime? With a modicum of certain forensic evidence, those questions might have answers. But in the Peterson trial, even very basic questions, such as “Where was the murder committed?”, “When was the murder committed?”, or even “How did Laci die?” didn’t seem to have any solid answers. If prosecutors couldn’t even make an argument which encompassed reasonable answers to those questions, I have a difficult time believing there was sufficient forensic evidence to prove premeditation.
And without premeditation in the murder, the characterization of Scott as a “sociopath,” “psychopath,” or any other form of deviant is on shaky ground. You come home from the firing range one day and you catch your wife/husband/partner in flagrante. Next thing you know, there are corpses on the ground and you are holding the smoking gun. Were you an unknowing sociopath? Or did you a “normal” (for lack of a better word) person who committed a crime in the heat of passion?
Granted, it may be that the murder was in fact a planned event, and that the cruical evidence to that may come out in the appeal. I think the “who” in the case was amply proven; the “why” might have to wait to Round 2.