California prosecutors 'on a track' to retry penalty phase of Scott Peterson's murder case

Scott Peterson, shown at a pretrial hearing, has been in prison for 16 years.

(CNN)California prosecutors say they are preparing to retry the penalty phase of the murder case against Scott Peterson after the state Supreme Court recently overturned his death sentence.

Peterson was convicted in 2004 of killing his wife, Laci, and their unborn son, Conner.
Peterson appeared by video link in a Stanislaus County Superior Court room on Friday morning amid questions of potential juror misconduct during his trial, raising the prospect of potentially facing a new trial.
    Friday's hearing focused on Peterson's death sentence, which was overturned by the California Supreme Court in August.
    Prosecutor David Harris would not commit to seeking the death penalty again, saying only, "at this point in time, we are on a track to retry the case."
    While most of the hearing centered on procedural and calendaring issues, Peterson sat quietly in a blue prison shirt and blue face mask.
    "He's innocent. An innocent man has been sitting in jail for 15 years. It's time to get him out," Peterson's attorney, Pat Harris, said after the hearing.
    Appearing before Judge Nancy A. Leo, Peterson agreed to schedule the next court date for November 6.
    Separately, Peterson will appear in San Mateo County Superior Court at some point to hear arguments about his conviction.
    The California Supreme Court last week ordered a lower court to reexamine the murder convictions because a juror did not disclose involvement in other legal proceedings.
      The court noted last Wednesday that "Juror No. 7 committed prejudicial misconduct by not disclosing her prior involvement with other legal proceedings, including but not limited to being the victim of a crime."
      Juror No. 7, Richelle Nice, told CNN when reached by phone: "I'm not making any comments."