TRISTA PETERSON - 10 months (2007) - Omaha NE

by TomTerrific0420 Sat Aug 22, 2009 1:30 am

A Nebraska man who claimed he led
investigators to his daughter's body only after they promised not to
file felony charges may avoid a trial in her death after three court
rulings left little, if any, evidence for prosecutors.
Butler County Attorney Julie Reiter said Thursday that the latest ruling, the
Nebraska Court of Appeals' decision that Lucas Peterson's cooperation
was illegally obtained, left her with no evidence. She wanted to try
him on a felony charge of illegally disposing of human remains.
"I continue to explore the options, but at this point I don't see any
options," Reiter said. She said the case would likely be dismissed and
Peterson could walk out of jail within weeks.
One final appeal is pending in neighboring Seward County, where Peterson
faced charges of child abuse resulting in death and evidence tampering.
A judge dismissed the case, and prosecutors appealed. Peterson lived in
Seward County, but the child's body was found in Butler County in April
2007.
Peterson, 24, said law officers told him he wouldn't face felony charges in return for his help in finding
10-month-old Trista or her body after she went missing. Prosecutors
said he was told the agreement held only if she died of accidental
causes.
An autopsy determined she died from blunt force trauma that wasn't accidental.
In an Aug. 12 opinion, an appeals judge upheld a lower court's ruling
suppressing evidence against Peterson. Judge Everett Inbody said
Peterson's statements couldn't be used because, among other things, he
was not reread his Miranda rights when he led authorities to the body.
Prosecutors had argued that with or without Miranda rights, Peterson's voluntary
statements should be allowed as evidence, which would make the evidence
of Trista's body admissible, too.
"I think the judges that made the rulings ... all followed the law and that's what
we want judges to do, even though sometimes we're not happy with the
decision," said Todd Lancaster, Peterson's attorney.
A spokeswoman for Nebraska Attorney General Jon Bruning's office said
prosecutors remain focused on pursuing the appeal in Seward County.
According to court documents, prosecutors believe Trista's death occurred in
January 2007, at Peterson's apartment in Pleasant Dale, about 70 miles
southwest of Omaha.
Seward County District Judge Alan Gless dismissed the felony charges last year, saying investigators
told Peterson he would not face felonies if he told them were they
could find his daughter.
With no pending charges in Seward County, authorities there can't jail Peterson.
Peterson had custody of Trista at the time of her death. Her mother was serving
a one-year sentence at the Nebraska Correctional Center for Women in
York for theft and writing bad checks, according to court records.

by TomTerrific0420 Wed Feb 24, 2010 3:15 am

The Nebraska Supreme Court
will hear arguments next week in the case of a Nebraska man who said he
led investigators to his daughter's body in 2007 on the promise that he
wouldn't face felony charges in her death.
Prosecutors
are making yet another appeal in the case against Lucas Peterson. They
argue a Seward County district judge was wrong to dismiss charges
against Peterson and that Peterson should be held responsible for the
death of his nearly 1-year-old daughter, Trista.

Prosecutors
believe Trista was killed in Seward County in January 2007. Her body
was found in neighboring Butler County in April 2007.
Prosecutors
say their agreement not to pursue felony charges against Peterson
applied only if Trista died of accidental causes, which wasn't the case.

TRISTA PETERSON - 1 yo - Seward County NE

TRISTA PETERSON - 10 months (2007) - Omaha NE

TRISTA PETERSON - 1 yo - Seward County NE