Spoiler Alert! Spoilers for “The Staircase” ahead.
Chapter 13: Flawed Justice
A Bittersweet End.
As we waited to hear back from the DA after filing our motions, we began to look at the portions of the prosecution file we had never seen before. They were now available to us because of changes in the North Carolina criminal discovery statutes. There were some significant revelations.
For example, we learned from Freda Black’s handwritten notes that Deborah Radisch had originally NOT listed the cause of Kathleen’s death s blunt force trauma, but rather simply as “loss of blood.” According to Black’s notes, Radisch said that her boss, the Chief Medical Examiner of North Carolina, had insisted that she list the cause of death as blunt force trauma. This was something we could use to impeach Radisch at any retrial.
We also learned what we had long suspected. Deborah Radisch had convinced Candace Zamperini, who had originally commended her sister’s relationship with Michael, and said there was no way that Michael would ever hurt Kathleen, that Kathleen had been murdered. There was a fax in the file from Candace to Radisch thanking her for “explaining why Michael was guilty.” Not exactly the role of an impartial expert, and again potential impeachment of Radisch.
But perhaps the most significant fact we learned was regarding the blow poke. Thomas Dew had worked for the prosecution throughout the case. He had constructed the “to scale” staircase that the prosecution had used to illustrate Deaver’s testimony. He had been present during Deaver’s “experiments.” And he had also been present when the police came back to the house in June 2002, pursuant to a search warrant, to take measurements of the house. During that trip, the crime scene technicians, Eric Campen and Dan George, had again searched the house. During this search, they had found what turned out to be the “missing blow poke” in the basement boiler room taken it outside and photographed it, and put it back not where they found it, but rather in the garage, where we found it more than a year later. Dew and Deaver were both there and witnessed this.
At the time, the police did not consider the blow poke significant. It clearly had nothing to do with the death. No blood, no dents, no evidentiary value. That, of course, all changed in May 2003, when the prosecution decided the blow poke was missing, and that it was the murder weapon. The fact that it had been found and photographed by the police in June 2002 became extremely exculpatory evidence. It blew up the prosecution’s theory. But we had never been told about this discovery or given this photo or any report documenting the discovery – even though Campen and George had both testified at the trial. This was yet another clear violation of Michael’s constitutional rights and might well have changed the outcome of the first trial.
But Michael had decided he did not want to once again subject himself or his family to what he had come to believe was a justice system that was rigged against him from the start. So he entered his Alford plea. After 16 years, the case was over for Michael, his family, and for me.
This was so therapeutic for my family to watch, we had not gone through anything this horrific but when my son was wrongfully accused and the things that happened after had completely altered our belief in the justice system. We somewhat felt that maybe we were the only ones this had ever happened to but seeing this, we knew we were not alone. When my son plead “guilty” to a felony and was given a deferred sentence we were so happy. We knew he wasn’t guilty but he just wanted it over. We were just so tired and wanted things over. He had a great lawyer, much like Mr. Rudolf who believed in the individual rights and really tried. He didn’t just take your money but genuinely cared. This will eventually be off my son’s record but this ordeal opened our eyes to the justice system. Innocent until proven guilty is a dream and the trial of Mr. Peterson made us know for a fact that innocent people can be found guilty and punished wrongly. I hope Mr. Peterson and his family are all doing well and are able to at last put the awful aspects of this trial behind them.
Hi David, I was impressed by your commitment to the Peterson case, and reading your website it’s clear that this is how you conduct all of your legal cases. I was torn between Michael’s innocence or guilt because I just couldn’t see how a fall could do that much damage and cause those lacerations. Then I heard about the owl/raptor theory and I wonder if that is a credible explanation and if you think that the truth will ever be known?
David, you did an amazing job during all of the trial and on thea appeal. The system was moved to destroy Michael Peterson from day one and they never recognized the flaws later on even when they realized it had happened. Your suffering with the first trial was so strong that we could all feel a little of what you went through. Congratulations, your work is inspirational. I’m from Brazil, just finished watching last night on Netflix.
David, I loved reading your summaries of every chapter of this trial. I commend you and your team for your tireless efforts to free Michael Peterson. You are an incredible attorney and I hope you and your family are doing well.
We just finished looking at the Michael Peterson case on Netflix. We are late comers. Never heard of this case. Because we live in Ireland. We did not think he was guilty. He was framed. DEEVER looked very shifty congrats on all your outstanding work.
Bring back the beard!!
Ha ha, true!
Totally disgusted in the ignorant jury. And totally disgusted by Deborah. What goes around comes around. Michael is an innocent man and that entire media fiasco was a disgrace. Shame on them. Glad you are out Michael. Where is the accountability? Deborah needs to be arrested. Pushing the gay thing was for their own amusement.
I I am an attorney and was shocked by two facts. First letting in bisexual issue. Second letting in death in Germany. The judge now admits this was in error. What an amazing miscarriage of justice!!
My understanding of the case facts include two significant things:The scalp lacerations extended around the curvature of the skull, and there were no skull fractures . It is mechanically impossible for a blow from a straight object to cause lacerations that extend beyond the curvature. How is it possible that blows to the head resulting in death did not produce skull fractures?
I believe that the facts are entirely consistent with an attack by an owl, with the scalp lacerations caused by the talons.
David I admire your personality and talent. The best role in the whole series.
Having retired from litigation in 2003 I took a ‘busman’s holiday’ and spent two evenings watching Staircase. Lawyers are an odd bread. The only thing any two of them will agree upon is that they would have done a case for less money and differently.
I was very impressed with David’s skills and the toll it took on him. Maybe watching this great documentary the public will have a better idea of how very hard litigation is and just how high a price litigators pay to do it.
My favorite moment was when the jury analyst said at least two jurors don’t like David and David’s face showed no emotion. That is what years of trial work does to you.
I am an active member of the bar in California. Now live in Virginia raising my daughter with my wife, loving life out her on the east coast. If I continued my practice of law I would have aimed to be a lawyer of your caliber. You’re what I wanted to be when I went to law school. I would hope more lawyers are like you and I just haven’t come across them. The legal system needs more lawyers like you. You said, and I paraphrase, that your faith in the system was shaken after the first trial. Your journey with the Peterson case and your relentless pursuit of justice restored my faith in the system, flawed but intact. Thanks. Take care.
There is rarely “justice” done in the system. This a great example of what is wrong with things and it is no consolation to someone wrongfully imprisoned that the truth comes out after they have lost part of their life. Thankfully Peterson had some great kids and family and a good attorney. It is very sad how his step daughter and sister in law turned on him and put him down in public every chance they got. I am sure the 25 million they sued for will ease their grief.
Why wasn’t Duane Deaver prosecuted for perjury? All the damage he did not just to the defendants, but to the integrity of the American justice system seems to demand it. I’ve spent days trying to find an answer, but can find nothing.
My husband and I watched the “Staircase”. I was mesmerized and actually found myself questioning the prosecution’s motives. I truly believe the prosecution did not feel Michael Peterson was guilty of either death; Kathleen or Elizabeth. If you look at the history of Freda Bowman Black; her own legal troubles, alcoholism and her subsequent death in 2018. I don’t make light of the road she went down and even how it affected her legal career. But it seems like there was more motivation behind her determination of prosecuting Michael Peterson far beyond simply seeking out justice. During the trial, so many things stated by the prosecution did not add up and when they could see that what they were trying to pass off to the jury as factual actually came across as insequential or irrelevant. I realize that they represented the state in prosecuting Michael Peterson, but both she and Jim Hardin seemed on more of a vendetta track than anything. That’s just what I took away from it all.
I don’t believe michael Peterson committed these crimes. I think the Durham Police Department seemed revenge on him for always talking garbage about them. I also think the sister in law, Candice, is a complete lunatic and needs to seek some serious counseling. She also knows that he did not kill her sister as well as the daughter.
I just watched The Staircase for the second time. I was surprised that I didn’t recall hearing anything about a fractured cervical vertebra or any suspicion of strangulation until the last episode. Did I miss something early on?
Regards,
Kim Giles
Firstly, well done for taking Bill Peterson’s digs at you, in such a light hearted manner and egoless fashion. Secondly, I was also astounded at the jury’s verdict on the first Peterson’s trial case and the attitude of the prosecution who in my opinion are more interested in winning cases so that they can enhance their own careers and egos, than in seeking real justice. Whether Peterson was guilty or not, we will never know, but there always was reasonable doubt about his guilt, hence an acquittal should have been returned. This case highlights just how unjust the so called justice system is: jurors biased through their own personal perceptions about appearances and personalities of lawyers, defendants and so on. Prosecution more interested in winning a case instead of serving justice, digging out an event that happened 17 years previously which had already and had long been established as a death through misadventure, then an attack upon the defendant’s sexual inclinations……Goodness me! It is impossible for humans to serve justice, we might as well have a computer using algorithms to establish whether a person is guilty or not through hard, cold facts instead of human perceptions! I do not know how those prosecutors and even the jurors can sleep at night. For my own sake and peace of mind, I could never return a guilty verdict for a defendant unless there was no doubt whatsoever that the defendant was indeed guilty. No wonder Freda Black died of chronic alcoholism, she might have been dealing with her own demons. You cannot send innocent people to jail and live with yourself happily ever after.
From the UK – Just finished watching this series on Netflix and although compelling it also effected me quite profoundly. To see a human being treated like he didn’t matter by so many in the justice system was horrific to watch. The trial was not a fair one and all of the so called experts seemed hell bent on having Michael convicted guilty or not. DR was totally unconvincing and GD came across as if he was making it all up… he was! Messing with someone’s life as if it were a game. What an amazing team you guys were. You literally could not have done more. Personally I saw no evidence that proved Michael guilty.
One would think that the police look for evidence that points to the identity of a killer or towards an accident. But it was the other way around in this case. They decided that Michael was guilty and desperately looked for evidence to support that theory. But it wasn’t just the police, it was the whole system that took against him before the trial even started. Allowing the German incident to be used by the DA was an outrage. The judge allowed it without any consideration as far as I could tell.
Duane Deaver’s experiments were a joke and Deborah Radisch seemed clueless. They just appeared to be making it up as they went along. ‘No way the jury could find him guilty’ my husband and I concluded. There was just no evidence, and surely a jury could not find anyone guilty based on their like or dislike of them. But I believe that’s what happened. The fact that Michael was bisexual had absolutely no bearing on the case, but to them I think that it did.
David and his team were amazing. You could see the pain when Michael was found guilty. I am not at all surprised at the effect it had on David over the years. Just watching it had an effect on me. Lies and more lies, incompetence and a complete disregard for a person’s liberty. I really hope that there have been changes made so that this cannot happen again. I cannot understand why Deaver did not face criminal charges. Perjury is an offence is it not?
I believe that the case should have been dismissed because it was flawed from the start. Not a fair trial by any stretch of the imagination. Reckless disregard for due process and a jury that were influenced by sensational news items. Reasonable doubt was there in abundance. Don’t take someone’s liberty unless you are 100% sure that they are guilty based on hard evidence presented, of which there was none.
I started watching this, wondering what had happened – I grew to care for all the family members and team. There was no evidence, there was malice and lies.
I wish that what happened, was known and that innocent people had not suffered, due to lies, malice and hate etc. I now feel so much love for all of you.
Just seen this, great documentary, which shows the legal process really well including its failures, however I feel that maybe we have all been gas lit and second degree is a fair outcome (all be it not beyond reasonable doubt)? Peterson comes across very well but we still don’t really know what happened and the interview and description of what happened from the documentary does not seem satisfactory to me. There are some compelling youtube reviews from experts on body language who pick up a lot of deception from Peterson as well including the 911 call. The irony is that he probably would have been found not guilty if the prejudicial evidence had not been allowed but in the end was this the correct result? Are there any other tapes where we really get a better idea of what happened?
Body language analysis is junk science. You can do 2 minutes of research and find dozens of sources supporting my statement.
With less than 5 minutes to go in the last episode a short piece of what looked like in-home security footage played that looked to be MP finding the body. The footage, I think, was played without comment. Were there security cameras in the home? Why wasn’t this explored more fully?
Thank you.
Unfortunate use of the word « perfect » to describe their relationship. No relationship is perfect. What emanated from the documentary was that there was a deeply respectful and loving and caring relationship, not only between Michael and Kathleen, but between the parents and their children.
This is rare. It’s maybe why few in that courtroom could appreciate that is exactly in this kind of relationship where a bisexual man could be accepted by his partner. It speaks volumes that so few could understand that, and yet it was easily and naturally accepted by his children (sadly, bar 1).
I think I condition love is when you love the other person more than yourself, and accept everything about them. That’s what wedding vows basically say.
I think that’s what Michael and Kathleen had because it’s so evident in their children, and that doesn’t just come from nowhere: it’s learned.
Im not a religious person, but I think the passage in the bible, 1 Corinthians 13:4-8 kind of nails the description.
I think it’s just super sad that perhaps a majority of people don’t ever experience that kind of love in any of their relationships. In this aspect the Peterson family seem very fortunate indeed: just horribly unfortunate to find themselves judged and targeted by people who have not been so fortunate to have experienced this kind of love in their relationships.
I’ve been an RN for over 16 years. One area that appears to be overlooked and would account for the large amount of blood found, Kathleen Peterson’s blood alcohol level, which they mentioned was 0.07 and Ms. Peterson smoking a cigarette before leaving the pool area. Alcohol thins the blood while nicotine increases the heart rate, so any laceration, whether caused by a fall, an owl attack, or blunt force trauma would have caused an increased amount of blood to be present.
I learned my lesson about the artificiality of the justice system when I served on a jury in an assault and battery case. The defendant was being retried a second time after a hung jury in their first trial. Fortunately we, the jury, determined “not guilty” as afterwards being released, quite a bit of evidence that was not allowed at the trial came forward that would have certainly made our decision much easier.
Watching this documentary, and having lived in the deep south for a number of years, I was not surprised at the jury’s decision. My husband felt he was innocent, but I would remind him that the jury’s make up.. apparently southern Christians would not be able to overlook his bisexuality. He was guilty of that (filth.. pure t filth ), it would not be a large leap to consider him guilty of murder. I found myself wishing that the trail could have been moved to someplace more metropolitan. Michael, himself, noted that Durham was corrupt, and I have to wonder if some of his written opinions didn’t leave the local DAs and police salivating at a chance to discredit him.
I was truly saddened by Candace’s anger and inability to see beyond her own prejudices. The thought that my husband might be indigent because a relative hated him keeps me up at night. Does Candance not consider that the life insurance policy was so Kathleen would not leave her husband without resources?? Candance obviously formed an opinion before learning all the facts, yet even when presented with hindsight understanding she is still bitter. I just have to think that her bitterness is fostered by an understanding of how much she was hurting her sister if he was innocent. I hope she can forgive herself, Michael is certainly no saint, but she believed they loved each other while she was alive, why all the hate now? Because he was bisexual? Wake up and smell the coffee, if being bisexual meant a man would kill his wife, well that would keep the courts might busy! Just because a man is married and loves his wife, and she is his best friend, that won’t stop him from having sexual fantasies with other parties. Any woman that doesn’t realize that is trying to live in the 1950s!
Remember this from 20 years ago, very interesting even with the insufferable Nancy Grace. Recently saw the HBO series which was overly dramatic, then Netflix series which was too one sided for defense. MP would more than likely be found not guilty at a retrial, considering new discovery and tossing out Germany and bi-sexual angle. Given all that, I feel he’s more than likely guilty, though maybe not first degree.
I just completed a weeklong obsession with “The Staircase.” I started with the HBO docudrama. I was left with so many questions, I then watched the entire Netflix series, followed by the Court TV interview with David Rudolf and Michael Peterson’s response to a journalist’s question about what he thought of the HBO series (he couldn’t finish the trailer and was angered by the portrayals of his children and his wife).
First, the documentary film is far, far superior to the HBO docudrama, which is a poor fictional account of the events. Colin Firth was miscast and annoying, the romance with Sophie (played by Juliette Binoche), which dominated the HBO series, didn’t grace the documentary (to its credit), and the egregious errors of fact in the drama were unforgivable. To name a few: As Rudolf pointed out, the grand jury sequence; the misrepresentation of Kathleen finding the damaging photos on the computer (never happened); the omission of the blow-poke photo Rudolf discovered a couple of months before the final hearing. And I’ll take Peterson’s word for it that the portrayals of his children fighting were inaccurate to say the least. That the filmmaker sold the story without any right to control the outcome was a huge error on his part, and Peterson is livid about it, as he should be.
Like Rudolf, I was profoundly affected by the Kent State murders. I will also never forget the murders of Fred Hampton and George Jackson at the hands of our grossly unfair [in]justice system. And now we have George Floyd, Brianna Taylor, and many others. Say their names.
Thank you, David Rudolf, for your tireless work on behalf of the underserved in this country and for agreeing to allow the documentary to be made. As you say on Court TV, “it’s the gift that keeps giving.” You deserve it.
I am sorry, Michael Peterson, that you had to endure the injustice you didn’t deserve. You are lucky to have your family’s support through it all; I loved watching your children grow older and begin their own families.
To HBO, shame on you for a gross misrepresentation of the facts. To everyone else, if you are unfamiliar with the case, as I was, skip the HBO version and watch the original documentary on Netflix. It’s an eye-opener, full of heart, soul, and grit. To everyone involved, thank you.
Deborah Raddish is wack!
Her career has a lot of questionable things in it. She mistakes a lynching is suicide. She herself has admitted to short comings in her office of investigating deaths. There have been problems with protocols bc her office didn’t’ have any for them to follow…. Like Huh? How does that happen? She blames it on a lack of money. She also worked on the JonBonet Ramsey case! No wonder we have never solved that case.
She didn’t originally put that Kathleen was beat but that she died of bleeding out… she was told to put that she was beat to death.
SMH ugh its so annoying that people like this are in places of power!
Oh and needless to say Deborah Raddish also wants all of us to believe that the officials in Germany and the military were both wrong about the Ratchiff fall. Especially when the body is 17 years old and they didn’t perform the test that Germany did.
And she wants us to believe that ratchiff and Kathleen’s autopsy’s are identicle which we have seen that they are not.
The prosecutor had a vendetta against Peterson for the articles he published about the prosecutors office.
And the blood spatter guy for the state lied and tested his theories like he was in kindergarten.
The system was completely stacked against Peterson. He never stood a chance.
Oh and the police had the blowpoke the whole time and supposedly lost it , yeah right! That was bs too. It just didn’t fit their agenda