Mike Peterson court hearing set for Tuesday

Jul. 02, 2014 @ 06:36 PM

Michael Peterson, who will get a new trial in his wife’s 2001 death, is due in Durham County Superior Court on Tuesday for a hearing, officials said Wednesday.

“We will be asking that Mr. Peterson not be required to wear an ankle bracelet any more, since he has been fully compliant with all conditions since his release,” Peterson’s attorney, David Rudolf, said Wednesday. “We will not be asking for any reduction in the amount of his bond.”

Peterson has been under house arrest and electronic monitoring in Durham since December 2011 while awaiting a new trial.

He was granted a new trial when Superior Court Judge Orlando Hudson ruled that a key prosecution witness gave false and misleading testimony during Peterson’s 2003 murder trial in Durham Superior Court. Hudson said that prevented him from receiving a fair trial.

Hudson ruled that former State Bureau of Investigation blood analyst Duane Deaver misled jurors about his expertise and used questionable tests on evidence found in the Peterson home. His was fired by the SBI in 2011.

Last December, the North Carolina Court of Appeals upheld Hudson’s ruling. The state Supreme Court declined to intervene.

Peterson, a former novelist, Durham mayoral candidate and columnist for The Herald-Sun, spent almost 10 years in prison before he was granted the new trial.

His wife, Kathleen Peterson, was found dead in a pool of blood at the bottom of a staircase in the Petersons’ Forest Hills home on Dec. 9, 2001.

Peterson has always maintained he’s innocent.