In January 2021, a California man was sentenced to 2 life phrases for the homicide of his dad and mom, leaving his sister devastated, however now, the case has taken a flip after an appeals courtroom determined to overturn his conviction and remand the case for a brand new trial.
Previous to this improvement, "48 Hours" correspondent Erin Moriarty reported on the case in "A Sister's Combat for her Brother."
When Brandon Pettit, now 35 years outdated, was arrested in August 2013 for the murders of his dad and mom in Modesto, California, there was no bodily proof instantly tying him to the crime. As a substitute, police and prosecutors based mostly their case on issues the then-25-year-old Pettit had stated and achieved shortly earlier than and after the murders, together with statements he made to police in a videotaped interview previous to his arrest. Now, greater than two years after his conviction, a California appeals courtroom has dominated that these statements Pettit made throughout that police interview mustn't have been admitted at his trial as a result of police ought to have learn him his Mirandarights.
In a 44-page choice issued final week, the Court docket of Enchantment of California remanded the case for a retrial, writing, "We conclude based mostly on all of the related components, significantly the character of the questioning, an affordable individual in [Pettit's] place wouldn't have felt free to terminate the interview and depart, and subsequently… the interview was custodial. Accordingly, [Pettit's] statements had been taken in violation of Miranda and had been inadmissible to show guilt." The courtroom additional discovered that the statements in query had been dangerous to Pettit's protection.
The Stanislaus County District Legal professional's Workplace prosecuted the case. Below California regulation, they've 40 days to file a petition with the state Supreme Court docket to hunt evaluation of the appeals courtroom's choice. Impartial of that, the state Supreme Court docket has 60 days to behave on the case by itself. If the choice by the appeals courtroom stands, the case shall be remanded for a retrial, and will probably be as much as the district legal professional's workplace as to whether or not they retry the case. In response to a request for remark Friday, John Goold, the general public info liaison for the Stanislaus County District Legal professional's Workplace, stated they're presently reviewing the appellate choice and their choices. "No selections have been made but on our finish," Goold stated.
Scott and Janet Pettit, each 59, had been discovered useless of their Modesto dwelling within the early hours of August 8, 2013, by firefighters who had been known as to the scene on experiences of flames capturing out of a bed room window. Investigators rapidly found the fireplace was no accident. Scott and Janet Pettit had been shot — a complete of seven occasions — and accelerant was discovered scattered all through their bed room.
Simply over per week after the murders, police introduced the arrest of the Pettits' solely son, Brandon, and somebody police described as Brandon Pettit's pal, Felix Valverde, who was 26 on the time. At trial, the prosecution's principle was that Brandon Pettit had paid Valverde to commit the murders as a result of, they argued, Pettit was after his dad and mom' cash and particularly, his dad's prized 1961 Corvette. However Pettit's protection at trial recommended that Valverde was the only perpetrator of the murders. Lauren Pettit, Brandon Pettit's solely sibling and his greatest supporter, testified in his protection and stated her brother cherished their dad and mom. She additionally poked holes within the alleged monetary motive, telling the jury that their dad and mom had been in debt on the time of their dying and that the Corvette that her brother was alleged to have needed was already partially in his title. A scientific psychologist additionally testified on Brandon Pettit's behalf. The psychologist stated Brandon Pettit had Asperger's and defined how that would have contributed to questionable statements and habits he exhibited earlier than and after the murders, together with throughout his interview with police.
Felix Valverde has pleaded not responsible. He was set to be tried alongside Pettit, however shortly earlier than the trial, a decide discovered him incompetent to face trial. He was positioned in psychiatric remedy to find out whether or not his competency may very well be restored and this previous August he was discovered competent. Court docket data point out his trial is now scheduled to start in February 2023.
Previous to Brandon Pettit's trial, Pettit's protection legal professional had sought entry to Valverde's competency data to see in the event that they contained any exculpatory proof. A decide denied the request on the time, however as a part of their ruling final week, the appeals courtroom discovered that the decide ought to have carried out a evaluation of the data earlier than ruling on the protection's request.
Brandon Pettit is presently incarcerated in a California state jail. If the appeals courtroom's choice stands, he can be transferred again to an area jail the place he might search bail pending a retrial. If prosecutors determine to not retry him, he shall be launched from custody.