Michael Peterson (criminal)
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Michael Iver Peterson (born October 23, 1943) is an American
novelist A novelist is an author or writer of novels, though often novelists also write in other genres of both fiction and non-fiction. Some novelists are professional novelists, thus make a living wage, living writing novels and other fiction, while other ...
who was convicted in 2003 of
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
ing his second wife, Kathleen Peterson, on December 9, 2001. After eight years, Peterson was granted a new trial after the judge ruled a critical prosecution witness gave misleading testimony. In 2017, Peterson submitted an
Alford plea In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act a ...
to the reduced charge of voluntary
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
. He was sentenced to time already served and freed. Peterson's case is the subject of the French documentary miniseries '' The Staircase'', which started filming soon after his arrest in 2001 and followed events until his eventual
Alford plea In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act a ...
in 2017. In 2019, he released his own account of his life since his wife's death in an independently published
memoir A memoir (; , ) is any nonfiction narrative writing based on the author's personal memories. The assertions made in the work are thus understood to be factual. While memoir has historically been defined as a subcategory of biography or autob ...
, ''Behind the Staircase''. The miniseries '' The Staircase,'' starring
Colin Firth Colin Andrew Firth (born 10 September 1960) is an English actor and producer. He is the recipient of List of awards and nominations received by Colin Firth, several accolades, including an Academy Award, two British Academy Film Awards, BAFTA Aw ...
and
Toni Collette Toni Collette (born Collett; 1 November 1972) is an Australian actress, singer, and songwriter. Known for her work in television, blockbusters and independent films, her accolades include a Primetime Emmy Award and a Golden Globe Award, wit ...
, also covers the case and its aftermath. Several other documentaries have been produced about Kathleen's death, including a sequel to the 2004 French documentary, podcasts, radio shows and other media.


Personal and professional life

Michael Iver Peterson was born near
Nashville, Tennessee Nashville, often known as Music City, is the capital and List of municipalities in Tennessee, most populous city in the U.S. state of Tennessee. It is the county seat, seat of Davidson County, Tennessee, Davidson County in Middle Tennessee, locat ...
, the son of Eugene Iver Peterson and Eleanor Peterson (). He graduated from
Duke University Duke University is a Private university, private research university in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present-day city of Trinity, North Carolina, Trinity in 1838, the school moved to Durham in 1 ...
with a bachelor's degree in political science. While there, Peterson was president of
Sigma Nu Sigma Nu () is an undergraduate Fraternities and sororities in North America, college fraternity founded at the Virginia Military Institute in 1869. Since its founding, Sigma Nu has chartered more than 279 chapters across the United States and Ca ...
fraternity and was editor of '' The Chronicle'', the daily student newspaper, from 1964 to 1965. He attended classes at the law school of the
University of North Carolina at Chapel Hill The University of North Carolina at Chapel Hill (UNC, UNC–Chapel Hill, or simply Carolina) is a public university, public research university in Chapel Hill, North Carolina, United States. Chartered in 1789, the university first began enrolli ...
. After graduating, Peterson took a civilian job with the
United States Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an United States federal executive departments, executive department of the federal government of the United States, U.S. federal government charged with coordinating and superv ...
, where he was assigned to research arguments supporting increased military involvement in Vietnam. That year he also married Patricia Sue, who taught at an elementary school on the
Rhein-Main Air Base Rhein-Main Air Base was a United States Air Force air base near the city of Frankfurt am Main, Germany. It was a Military Airlift Command (MAC) and United States Air Forces in Europe (USAFE) installation, occupying the south side of Frankfurt ...
in Gräfenhausen, West Germany. They had two children, Clayton and Todd. In 1968, Peterson was commissioned in the
United States Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines or simply the Marines, is the maritime land force service branch of the United States Department of Defense. It is responsible for conducting expeditionar ...
and served in the
Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
. In 1971, he received an
honorable discharge A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and the ...
with the rank of captain after a car accident left him with a permanent disability. Years later, during the
1999 Durham mayoral election The 1999 Durham mayoral election was held on November 2, 1999, to elect the mayor of Durham, North Carolina. It saw the reelection of incumbent mayor Nick Tennyson. Results Primary The date of the primary was October 5, 1999. ...
, Peterson claimed he had been awarded a
Silver Star The Silver Star Medal (SSM) is the United States Armed Forces' third-highest military decoration for valor in combat. The Silver Star Medal is awarded primarily to members of the United States Armed Forces for gallantry in action against a ...
, a
Bronze Star The Bronze Star Medal (BSM) is a United States Armed Forces decoration awarded to members of the United States Armed Forces for either heroic achievement, heroic service, meritorious achievement, or meritorious service in a combat zone. Wh ...
with Valor, and two
Purple Heart The Purple Heart (PH) is a United States military decoration awarded in the name of the president to those wounded or killed while serving, on or after 5 April 1917, with the U.S. military. With its forerunner, the Badge of Military Merit, ...
s. He had all the medals, but said he did not have the documentation for them. Peterson claimed he had received one Purple Heart after being hit by shrapnel when another soldier stepped on a land mine, and the other when he was shot. He later admitted his war injury was not the result of the shrapnel wound in Vietnam, but was the result of a car accident in Japan, where he was stationed after the war as a military police officer. The ''
News & Observer ''The News & Observer'' is an American regional daily newspaper that serves the greater Triangle area based in Raleigh, North Carolina. The paper is the largest in circulation in the state (second is the '' Charlotte Observer''). The paper has be ...
'' said records did not contain any mention of the two Purple Hearts that Peterson said he had received. Peterson and his first wife Patricia lived in Germany for some time. There they befriended Elizabeth and George Ratliff and their two children, Margaret and Martha. After George's death, the Peterson and Ratliff families became very close. When Elizabeth Ratliff died in 1985, Michael became the guardian of her two children. After Michael and Patricia divorced in 1987, Clayton and Todd lived with Patricia, and Margaret and Martha stayed with Michael, who then moved to
Durham, North Carolina Durham ( ) is a city in the U.S. state of North Carolina and the county seat of Durham County, North Carolina, Durham County. Small portions of the city limits extend into Orange County, North Carolina, Orange County and Wake County, North Carol ...
. Clayton and Todd later also joined their father. In 1989, Michael moved in with Kathleen Atwater, a successful
Nortel Nortel Networks Corporation (Nortel), formerly Northern Telecom Limited, was a Canadian Multinational corporation, multinational telecommunications and data networking equipment manufacturer headquartered in Ottawa, Ontario. It was founded in ...
business executive. They married in 1997, and Kathleen's daughter Caitlin became the fifth sibling in the
blended family A stepfamily (sometimes called a bonus family) is a family where at least one parent has children who are not biologically related to their spouse. Either parent, or both, may have children from previous relationships or marriages. Two known cl ...
. Peterson wrote three novels based "around his experiences during the Vietnamese conflict": ''The Immortal Dragon'', ''A Time of War'', and ''A Bitter Peace''. He co-wrote the biographical ''Charlie Two Shoes and the Marines of Love Company'' with journalist David Perlmutt, and co-wrote ''Operation Broken Reed'' with Arthur L. Boyd. Peterson also worked as a newspaper columnist for ''
The Herald-Sun ''The Herald-Sun'' is an American, English language daily newspaper in Durham, North Carolina, published by the McClatchy Company. History ''The Herald-Sun'' began publication on January 1, 1991, as the result of a merger of ''The Durham Morn ...
'', where his columns became known for their criticism of police and of Durham County
district attorney In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...
James Hardin Jr., who would later prosecute Peterson for the murder of his second wife, Kathleen.


Murder trial


Kathleen's death

On December 9, 2001, Peterson called emergency services on 911, to report that he had just found Kathleen Peterson unconscious in their Forest Hills neighborhood home in
Durham, North Carolina Durham ( ) is a city in the U.S. state of North Carolina and the county seat of Durham County, North Carolina, Durham County. Small portions of the city limits extend into Orange County, North Carolina, Orange County and Wake County, North Carol ...
, and suspected she had fallen down "fifteen to twenty, I don't know" stairs. He later claimed that he had been outside by the pool and had come in at 2:40 am to find Kathleen at the foot of the stairs. Peterson said she must have fallen down the stairs after consuming alcohol and
Valium Diazepam, sold under the brand name Valium among others, is a medicine of the benzodiazepine family that acts as an anxiolytic. It is used to treat a range of conditions, including anxiety, seizures, alcohol withdrawal syndrome, muscle spas ...
. Toxicology results showed that Kathleen's
blood alcohol content Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes. BAC is expressed as mass of alcohol per volume of blood. In US and many i ...
was 0.07 percent (70 mg/100mL), her alcohol in urine was 0.11 and she had taken between 5 and 15 mg of Valium. The
autopsy An autopsy (also referred to as post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of deat ...
report concluded that the 48-year-old woman sustained a matrix of severe injuries, including a fracture of the superior cornu of the left thyroid cartilage and seven lacerations to the top and back of her head, consistent with blows from a blunt object, and had died from blood loss ninety minutes to two hours after sustaining the injuries. Kathleen's daughter, Caitlin, and Kathleen's sister, Candace Zamperini, both initially proclaimed Michael's innocence and publicly supported him alongside his children, but Zamperini reconsidered after learning of Michael's
bisexuality Bisexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior toward both males and females. It may also be defined as the attraction to more than one gender, to people of both the same and different gender, ...
, as did Caitlin after reading her mother's autopsy report. Both subsequently broke off from the rest of the family. Although forensic expert Henry Lee, hired by Peterson's
defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
, testified that the blood-spatter evidence was consistent with an accidental fall down the stairs, police investigators concluded that the injuries were inconsistent with such an accident. As Peterson was the only person at the residence at the time of Kathleen's death, he was the
prime suspect ''Prime Suspect'' is a British police procedural television series devised by Lynda La Plante. Broadcast on ITV between 1991 and 2006, it stars Helen Mirren as Jane Tennison, one of the first female Detective Chief Inspectors in Greater Lo ...
and was soon charged with her murder. He pleaded not guilty. The medical examiner, Deborah Radisch, concluded that Kathleen had died from lacerations of the scalp caused by a homicidal assault. According to Radisch, the total of seven lacerations to the top and back of Kathleen's head were the result of repeated blows with a light, yet rigid, weapon. The defense disputed this theory. According to their analysis, the lacerations were not consistent with blows of any sort, because there was a lack of underlying injury, such as skull fractures or bruising, swelling, and hemorrhaging of the brain. The trial drew increasing media attention as details of Peterson's private life emerged. Hardin and his
prosecution A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
team (among them
Mike Nifong Michael Byron Nifong (born September 14, 1950) is a disbarred American prosecutor who formerly served as the Durham County District Attorney. He was removed from this position, disbarred, and jailed following court findings concerning his condu ...
) attacked Peterson's credibility, focusing on his alleged misreporting of his military service and what they described as a gay life he led and kept secret. The prosecution contended that the Petersons' marriage was far from happy, suggesting that Kathleen had discovered Michael's alleged secret gay life and wanted to end their marriage. It was the main motive that the prosecution offered at trial for Kathleen's alleged murder (the other being a $1.5 million
life insurance Life insurance (or life assurance, especially in the Commonwealth of Nations) is a contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typical ...
policy). According to Assistant District Attorney Freda Black, Kathleen: The defense argued that Kathleen accepted Michael's bisexuality and that the marriage was very happy, a position supported by Michael and Kathleen's children and other friends and associates. The prosecution said that Kathleen's murder was most likely committed with a custom-made
fireplace poker A fire iron is any metal instrument for tending a fire. Types There are three types of tools commonly used to tend a small fire, such as an indoor fireplace fire or yule log: the spade, the tongs and the poker itself. These tools make it poss ...
called a blow poke. It had been a gift to the Petersons from Kathleen's sister but was missing from the house at the time of the investigation. Later in the trial, the defense team produced the missing blow poke, which they said had been found in the garage. A juror contacted after the trial noted that the jury had dismissed the idea of the blow poke as the murder weapon.


Suspicion surrounding Elizabeth Ratliff's death

Elizabeth Ratliff, a friend of the Petersons, who died in Germany in 1985, had also been found dead at the foot of her staircase with injuries to the head. Her death had been investigated by both the
German police German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also Ger ...
and U.S. military police. An autopsy at the time of her death concluded Ratliff died from an intra-cerebral hemorrhage secondary to the blood coagulation disorder
Von Willebrand's disease Von Willebrand disease (VWD) is the most common hereditary blood-clotting disorder in humans. An acquired form can sometimes result from other medical conditions. It arises from a deficiency in the quality or quantity of von Willebrand factor ( ...
, based on blood in her cerebrospinal fluid and reports that she had been suffering severe, persistent headaches in the weeks leading up to her death. The coroner determined that the hemorrhage resulted in immediate death, followed by Ratliff falling down the stairs after collapsing. The Petersons had dinner with Ratliff and her daughters, and Peterson had stayed and helped Ratliff put the children to bed before going home. The children's nanny, Barbara, discovered the body when she arrived the next morning. Peterson was the last known person to see her alive. Before Peterson's trial, the Durham court ordered the exhumation of Ratliff's embalmed body, buried in
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
, for a second autopsy in April 2003. Arrangements were made for the Durham medical examiner, who had initially performed Kathleen's autopsy, to perform this reevaluation, over the objections of defense counsel who argued that the autopsy should be performed by Texas medical examiners. The body was then transported from Texas to Durham. The Durham M.E. found sufficient evidence drawn from the results of the second autopsy, along with new witness statements describing the scene, to overturn the earlier findings and list Ratliff's cause of death as "homicide". The prosecution declined to accuse Peterson of Ratliff's death but introduced the death into the trial as an incident, giving Peterson the idea of how to "fake" Kathleen's accident. Despite police reports that there was very little blood at the scene of Ratliff's death, the nanny, who was the first to discover Ratliff's body in 1985, took the stand at Peterson's trial and testified that there was a large amount of blood at the scene. Another witness testified to spending much of the day cleaning blood stains off the wall. Doubt as to the admissibility of the Ratliff evidence in court was one of the grounds for the subsequent appeal against his conviction, lodged by Peterson's lawyers in 2005. In October 2002, acting as
administrator Administrator or admin may refer to: Job roles Computing and internet * Database administrator, a person who is responsible for the environmental aspects of a database * Forum administrator, one who oversees discussions on an Internet forum * N ...
of Kathleen's estate, Caitlin filed a
wrongful death claim Wrongful death is a type of legal claim or cause of action against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as authorized by statute. In wrongful death cases, survivors are ...
against Peterson. In June 2006, Peterson filed for
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...
. Two weeks later, Caitlin filed an objection to the bankruptcy. On February 1, 2007, Caitlin and Peterson settled the wrongful death claim for $25 million, pending acceptance by the courts involved; finalization of the settlement by the court was announced on February 1, 2008.


Verdict

On October 10, 2003, after one of the longest trials in North Carolina history, a Durham County jury found Peterson guilty of the murder of Kathleen, and he was sentenced to
life in prison Life imprisonment is any sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life imprisonment are co ...
without the possibility of parole. Denial of parole requires
premeditation Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, ...
. Despite the jury accepting the murder as a "spur-of-the-moment" crime, they also found it was premeditated. As one juror explained it, premeditated meant not only planning hours or days ahead but could also mean planning in the seconds before committing a spur-of-the-moment crime. Peterson was housed at the Nash Correctional Institution near Rocky Mount until he was released on December 16, 2011.


Appeal

Peterson's
appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
was filed by his defense counsel, with Thomas Maher now serving as his court-appointed attorney, and was argued before the
North Carolina Court of Appeals The North Carolina Court of Appeals (in case citation, N.C. Ct. App.) is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating panels of three. The Court of Appeals was create ...
on April 18, 2006. On September 19, the Court of Appeals rejected Peterson's arguments that he did not get a fair trial because of repeated judicial mistakes. The Appeals' ruling said the evidence was fairly admitted. The judges did find defects in a search warrant, but said they had no ill effect on the defense. Because the ruling was not unanimous, under North Carolina law, Peterson had the right to appeal to the
North Carolina Supreme Court The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists ...
, which accepted the case. An oral argument was heard on September 10, 2007. On November 9, 2007, the Court announced that it affirmed the decision of the appeals. Absent a reconsideration of the ruling or the raising of a federal issue, Peterson had exhausted his appeals of the verdict. On November 12, 2008, attorneys J. Burkhardt Beale and Jason Anthony of
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,
Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
, who were now representing Peterson, filed a motion for a new trial in Durham County court on three grounds: that the prosecution withheld
exculpatory evidence Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, includin ...
about the blow poke, that the prosecution used an
expert witness An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...
whose qualifications were disputed, and that one juror based his judgment on racial factors. On March 10, 2009, Peterson's motion was denied by the Durham County Superior Court.


Owl theory

In late 2003, a new theory of Kathleen's death was raised: that she had been attacked by a
barred owl The barred owl (''Strix varia''), also known as the northern barred owl, striped owl or, more informally, hoot owl or eight-hooter owl, is a North American large species of owl. A member of the true owl family, Strigidae, they belong to the genus ...
outside, had fallen after rushing inside, and had been knocked unconscious after hitting her head on the first tread of the stairs. The owl theory was raised by Durham attorney T. Lawrence Pollard, a neighbor of the Petersons who was not involved in the case but had been following the public details. He approached the police suggesting an owl might have been responsible after viewing the autopsy photographs of Kathleen's head wounds. Later, when reading the North Carolina State Bureau of Investigation (SBI) evidence list, he found a feather listed as found in Kathleen's hair (despite having previously been informed by the District Attorney's office that no feathers had been found during the investigation). The SBI crime lab report listed a microscopic feather and a wooden sliver from a tree limb entangled in a clump of hair that had been pulled out by the roots found clutched in Kathleen's left hand. A re-examination of the hair in September 2008 had found another microscopic feather. According to Pollard, had a jury been presented with this evidence it would have "materially affected their deliberation and therefore would have materially affected their ultimate verdict". Prosecutors have ridiculed the claim, and Deborah Radisch, who conducted Kathleen's autopsy, says it was unlikely that an owl or any other bird could have made wounds as deep as those on her scalp. However, Radisch's opinion was challenged by other experts in three separate
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by la ...
s filed in 2010. Despite interest in this theory among some outside advocates, no motion for a new trial was filed on this point in 2009. On March 2, 2017 (following his
Alford plea In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act a ...
), Peterson's attorney filed a motion to allow him to pay for a bird expert at the
Smithsonian Institution The Smithsonian Institution ( ), or simply the Smithsonian, is a group of museums, Education center, education and Research institute, research centers, created by the Federal government of the United States, U.S. government "for the increase a ...
to examine feather fragments found in Kathleen's hair to determine whether or not she had been attacked by an owl. In 2023, Pollard endorsed the theory presented in the book '' Death by Talons'' by Tiddy Smith, which posits that a bird attack was not restricted to the outside path, but continued inside the Petersons' home.


Retrial hearing

In August 2010, following a series of newspaper articles critical of the SBI,
North Carolina Attorney General The attorney general of North Carolina is a statewide elected office in the United States, U.S. state of North Carolina. The attorney general is a state constitutional officer, constitutional officer responsible for representing state agencies i ...
Roy Cooper Roy Asberry Cooper III ( ; born June 13, 1957) is an American attorney and politician who served as the 75th List of governors of North Carolina, governor of North Carolina from 2017 to 2025. A member of the Democratic Party (United States), De ...
led an investigation that resulted in the suspension of SBI analyst Duane Deaver, one of the principal witnesses against Peterson, after the report found his work among the worst done on scores of flawed criminal cases. Pollard subsequently filed affidavits to support a motion that Superior Court Judge Orlando Hudson order the state Medical Examiner's Office to turn over all documentation related to Kathleen's autopsy to Peterson's attorneys. However, Judge Hudson barred Pollard from filing further motions on behalf of Peterson because he did not represent him. A new motion was filed in August 2010 by David Rudolf, one of Peterson's original attorneys, who acted ''
pro bono ( English: 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. The term traditionally referred to provision of legal services by legal professionals for people who a ...
'' in proceedings challenging the SBI testimony. Deaver was fired from the SBI in January 2011, after an independent audit of the agency found he had falsely represented evidence in 34 cases, including withholding negative results in the case of Greg Taylor, a North Carolina man who spent seventeen years in prison on a murder conviction based on Deaver's testimony. A bloodstain-analysis team that Deaver had trained was suspended and disbanded. In the 2003 Peterson trial, Deaver testified that he had been mentored by SBI bloodstain specialist David Spittle, worked 500 bloodstain cases, written 200 reports, and testified in 60 cases. During the retrial hearing, SBI Assistant Director Eric Hooks testified that Deaver had written only 47 reports. Spittle testified that he could not recall mentoring Deaver, who, since completing a two-day training course in the 1980s, had testified in only four cases, the Peterson case being the third. The SBI cited the bloodstain analysis given in the fourth case as the reason for firing Deaver. On December 16, 2011, Peterson was released from the Durham County jail on $300,000
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...
and placed under
house arrest House arrest (also called home confinement, or nowadays electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined b ...
with a tracking anklet. His release on bond followed a judicial order for a new trial after Judge Hudson found that Deaver had given "materially misleading" and "deliberately false" testimony about bloodstain evidence, and had exaggerated his training, experience, and expertise. Former North Carolina Attorney General Rufus L. Edmisten said that any evidence gathered after Deaver arrived at the scene might be deemed inadmissible in a new trial. In July 2014, Peterson's bond restrictions were eased. In October 2014, the court appointed Mike Klinkosum to represent Peterson, replacing David Rudolf, who had been working ''pro bono'' on the case since Peterson's conviction was overturned. Rudolf had stated that he could no longer afford to represent Peterson without being paid. On November 14, 2016, Peterson's request for the second trial to be dismissed was refused, and a new trial was scheduled to begin on May 8, 2017. However, a news report on February 7, 2017, indicated that a resolution had been negotiated by Rudolf (once again representing Peterson) and the Durham County District Attorney.


Alford plea

On February 24, 2017, Peterson entered an
Alford plea In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act a ...
to the voluntary
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
of Kathleen, asserting his innocence but agreeing there was enough evidence to likely result in a guilty verdict. The judge sentenced him to a maximum of 86 months in prison, with credit for time previously served. Because Peterson had already served more time than the sentence (98.5 months), he did not face additional prison time.


Media


Films about the case

The court case generated widespread interest, in part because of a televised documentary series variously named '' Soupçons'' (Suspicions), ''Death on the Staircase'', and ''The Staircase'', which detailed Peterson's legal and personal troubles. Eight 45-minute episodes of the documentary were assembled from more than 600 hours of footage. It was directed by French filmmaker
Jean-Xavier de Lestrade Jean-Xavier de Lestrade (born 1 July 1963) is a French writer, director and producer of films and television series. Early life and education Lestrade was born in Mirande, Gers, in southwestern France. He studied law and journalism in Paris, an ...
and released by Maha Productions in October 2004. The documentary offers an intimate depiction of defense preparations for the trial. It also examines the role and behavior of the press as it covered aspects of the case. The filmmakers started their project within weeks of Kathleen's death and Peterson's murder indictment; jury selection took place in May 2003 with the case itself going to trial in July 2003. Following the guilty verdict, de Lestrade interviewed the jurors to find out why they reached their verdict. By and large, the jurors were swayed by the amount of blood Kathleen lost and the number of lacerations, which indicated to them it could not have been an accident. Henry Lee, however, had testified at the trial that the amount of blood was irrelevant, as the blood spatter indicated most of it was spattered as she coughed as the blood ran down her face from the injuries. He also suggested some of the blood could have been diluted with urine. Lee had also duplicated blood spatter from coughing for the jury by drinking
ketchup Ketchup or catsup is a table condiment with a sweet and sour flavor. "Ketchup" now typically refers to tomato ketchup, although early recipes for different varieties contained mushrooms, oysters, mussels, egg whites, grapes, or walnuts, amon ...
and spitting it out. In November 2012, de Lestrade released a sequel, ''The Staircase II: The Last Chance'', which premiered at the
International Documentary Film Festival Amsterdam The International Documentary Film Festival Amsterdam (IDFA) is the world's largest documentary film festival held annually since 1988 in Amsterdam, Netherlands. Description IDFA is an independent, international meeting place for audiences ...
. The film documents Peterson's family and his legal team's arguments in seeking a retrial, in which they succeed.


Television productions about the case

* '' The Staircase'' (2004–2005), a French miniseries, also broadcast on
Netflix Netflix is an American subscription video on-demand over-the-top streaming service. The service primarily distributes original and acquired films and television shows from various genres, and it is available internationally in multiple lang ...
and as part of the BBC '' Storyville'' series, under the title "Death on the Staircase", including a sequel, "The Staircase II: The Last Chance" (2012) * "Murder, He Wrote" – ''
Dominick Dunne Dominick John Dunne (October 29, 1925 – August 26, 2009) was an American writer, investigative journalist, and producer. He began his career in film and television as a producer of the pioneering gay film '' The Boys in the Band'' (1970) and a ...
's Power, Privilege, and Justice'' season 4, ep. 6 (Mar. 2004) * "Written in Blood" – ''
The New Detectives ''The New Detectives: Case Studies in Forensic Science'' (or simply ''The New Detectives'', formally "Forensic Detectives") is a documentary true crime television show that aired two to three different cases in forensic science per episode from 1 ...
'' season 9, ep. 15 (Aug. 2004) * "Blood on the Staircase" – ''
American Justice ''American Justice'' is an American criminal justice television program airing on the A&E Network. From 1992–2005, the show was hosted by television reporter Bill Kurtis. The show features interesting or notable cases, such as the murder o ...
'' season 14, ep. 13 (Sep. 2005) * "A Novel Idea" – ''
Forensic Files ''Forensic Files'', originally known as ''Medical Detectives'', is an American documentary television program that reveals how forensic science is used to solve violent crimes, mysterious accidents, and outbreaks of illness. The show was origin ...
'' season 11, ep. 22 (Dec. 2006) * " The Staircase Murders" (2007) – TV movie co-written by Aphrodite Jones, based on her book about the case * "Staircase Killer" – ''
True Crime with Aphrodite Jones ''True Crime with Aphrodite Jones'' is an American television documentary series airing on Investigation Discovery, hosted by Aphrodite Jones. The show was very similar in format to ''On the Case with Paula Zahn''. Jones presents her take on cri ...
'' season 1, ep. 3 (Mar. 2010) * "Stairway to Hell" – '' The Devil You Know'' season 2, ep. 4 (Oct. 2011) * "Reversal of Fortune" – ''Dateline'' ''NBC'' season 21, ep. 42 (May 2013) * "Down the Back Staircase" – ''Dateline'' ''NBC'' season 25, ep. 27 (Apr. 2017) * “American Murder Mystery: The Staircase" —
Investigation Discovery Investigation Discovery (stylized and branded on-air as ID since 2008) is an American multinational pay television network dedicated to true crime documentaries, similar to corporate sibling HLN. It is owned by Warner Bros. Discovery's netw ...
(Apr. 2018) — three-part series * '' The Staircase'' (2022) –
HBO Max Max (known in other countries as, and soon to be reverted globally to HBO Max) is an American subscription video on-demand over-the-top streaming service. It is a proprietary unit of Warner Bros. Discovery Streaming on behalf of Home Box Of ...
dramatization miniseries


Radio/podcast productions about the case

* '' Generation Why'': "The Staircase" season 1, ep. 2 (2012) * ''
Criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
'': "Animal Instincts" season 1, ep. 1 (Jan. 2014) * ''
My Favorite Murder ''My Favorite Murder'' is a weekly true crime comedy podcast hosted by American comedians Karen Kilgariff and Georgia Hardstark. The first episode was released in January 2016. The podcast debuted at #25 on the iTunes podcast charts and peaked ...
'': "The 100th Episode" (Dec. 2017) *
BBC Radio 5 Live BBC Radio 5 Live is a British national radio station owned and operated by the BBC. It broadcasts mainly news, sport, Talk show, discussion, interviews and phone-ins, and is on air 24 hours a day. It is the principal BBC radio station Broadca ...
: "Beyond Reasonable Doubt?" (2018) * ''Real Crime Profile'': eps. 140-145 (Aug.–Nov. 2018) * ''
And That's Why We Drink ''And That's Why We Drink'' (ATWWD) is a comedy true crime and paranormal podcast created by Christine Schiefer and Em Schulz. The show has been in production since February 2017. It updates every Sunday on a variety of podcast platforms as wel ...
'': ep. 324, "Foot Pimples and Chicken Pox Parties" (Apr. 2023) * ''What the French Toast'': ep. 28, "What the Staircase?? Part 1" and ep. 29, "What the Staircase?? Part 2" (Dec. 2023) * ''Timesuck with Dan Cummins'': ep. 456, "The Staircase Murders" (May 2025) * ''De Volksjury'': ep. 2, "The Staircase Murder" (Nov.2017)


Books about the case

* Fanning, Diane. ''Written in Blood'' (St Martin's Press, 2005) * Jones, Aphrodite. ''A Perfect Husband'' (Kensington Books, 2013) * Parker, R. J. ''The Staircase'' (Independently published, 2018) * Smith, Tiddy ''Death by Talons'' (WildBlue Press, 2023)


Michael Peterson's literary output


Publications

* – historical fiction about 19th-century Vietnam * – Vietnam War fiction * – Vietnam War fiction; sequel to ''A Time of War'' * – biography * * – Biographical memoir; mostly about Peterson's time in prison * – Biographical memoir


Notes


References


Citations


Sources

* {{DEFAULTSORT:Peterson, Michael 20th-century American non-fiction writers 20th-century American novelists 1943 births American columnists American expatriates in Germany American male non-fiction writers American male novelists United States Marine Corps personnel of the Vietnam War American people convicted of murder American prisoners sentenced to life imprisonment Bisexual male writers Duke University Trinity College of Arts and Sciences alumni American LGBTQ novelists Living people Novelists from North Carolina Overturned convictions in the United States People convicted of murder by North Carolina People from Nashville, Tennessee People who entered an Alford plea Prisoners sentenced to life imprisonment by North Carolina United States Marine Corps officers Writers from Durham, North Carolina 20th-century American male writers American bisexual writers