TODAY | July 09, 2012
>> murder case that gripped the country nearly a decade ago. scott peterson is appealing his 2004 guilty verdict and death sentence for the murder of his wife and their unborn son. natalie is back with the details on that. hey, natalie.
>> thank you, savannah. drew peterson claims prosecutors relied on shaky evidence and overwhelming publicity in the case affected the jury pool. laysie peterson disappeared in 2002 . scott peterson told police in fran he had gone fishing that day and when he returned to their home lati wasn't there. a search failed to find lass iri laci until remains of her son washed ashore. he was arrested and charged with two counts of murder. at the time of his arrest he had dyed his hair blond, grown a goatee, carried cash, credit cards and other items in his car. he was tried and convicted in 2004 . in the appeal filed last thursday, peterson 's attorney says the prosecutor could not prove how the crime occurred. there were no confessions or admissions of culpability. there were no eyewitnesses and no murder weapon found.
>> they are raising good evidentiary issues. the problem is circumstantial evidence alone is enough to establish guilt.
>> reporter: the appeal also said a mob of more than 1,000 people waited outside san mateo county verdict and cheered for jurors after they found peterson guilty but before they deliberated his penalty.
>> certainly the question of how the media affected these jurors will be examined carefully. but in this day and age, trials go on, particularly high-profile cases.
>> peterson is on death row at san quentin state prison sending 19 hours a day alone in a single cell.
>> certainly not a life that any of us would envy.
>> reporter: attorney michael car dosa provided analysis and was asked to prepare him for testimony.
>> he's let out of his cell five hours a day to exercise, play board games , do things in the yard with the other inmates. he's only with the people that have been sentenced to death. they call that the condemned.
>> a label peterson is now fighting to change.
>> they are hoping a court will reverse their conviction and send them back for a second trial.
>> attorneys familiar with the case say it's unlikely to be resolved for many months, perhaps years. more briefs will be filed and the court could spend a year or more on the written arguments before scheduling a hearing.