tv Nightline ABC March 13, 2024 12:37am-1:07am PDT
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first appearance as the l.a. innocence project took on his case, hoping to exonerate him. >> mr. peterson has been waiting 20 years to find some of these police reports and audio recordings and video recordings that should have been provided. >> byron: two decades after he was convicted of murdering his pregnant wife and unborn child. >> any of these hearings are a small victory for scott peterson. >> byron: could this small piece of fabric break over the case? air scares. growing safety scrutiny for boeing. just as millions of flyers make plans for spring break. and the death of a boeing whistle-blower just days after his lawyer says he was deposed. after the fall. >> i'm going to miss all of you. >> byron: "black-ish" actress jenifer lewis revealing her harrowing experience in africa. >> i had fallen ten feet into a
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dry ravine full of boulders and stones and sharp rocks. >> byron: how she made her way back. >> i can't believe i didn't die, but i'm here to tell the story. >> byron: and her advice for the rest of us. plus queen camilla. why she's all dolled up. can neuriva support your brain health? mary, janet, hey!! (thinking: eddie, no frasier, frank... frank?) fred! how are you?! fred... fuel up to 7 brain health indicators, including your memory. join the neuriva brain health challenge. - bye, bye cough. - later chest congestion. hello 12 hours of relief. 12 hours!! mucinex dm gives you 12 hours of relief from chest congestion and any cough, day or night. mucinex dm. it's comeback season. now try mucinex instasoothe sore throat medicated drops.
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>> byron: good evening. thank you for joining us. we begin tonight with scott peterson. appearing in court today after waiting years for the chance at a new trial. and now he might have one. how the original prosecution team is responding and why his new attorneys want them off the case. abc's kayna whitworth has all the details. >> good morning, mr. peterson. can you both see and hear the proceedings, sir? >> yes, i can, thank you. >> reporter: convicted murderer scott peterson appearing virtually in court deed for the first time since his case was taken on by the los angeles innocence project. >> we spent a lot of time trying to suss out what, frankly, are very alarming deficiencies in the discovery that was provided to the defense at the time of trial. >> reporter: the 51-year-old zooming in from mule creek state prison with a striking new look. his hair pulled back into a ponytail, listening in as his new legal team made their first public arguments after filing a bombshell motion. >> mr. peterson's been waiting
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20 years to find some of these police reports and audio recordings and video recordings that should have been provided. >> reporter: peterson's lawyers insisting he did not kill his 8 1/2-month pregnant wife, laci, and their unborn child, and says new and overlooked evidence could exonerate him. the original prosecutors who tried the case in 2004 were back in the courtroom today. >> there's a lot of these issues raised and have been adjudicated -- >> reporter: the innocence project calling for them to be removed, arguing in part, they are heavily invested in upholding a conviction they played a major role in obtaining. the judge allowing proceedings to move forward for now, scheduling three new hearings, including one in may that will determine whether dna from a bloody mattress found in a burned-out van will be retested. >> there's no doubt that any hearings being scheduled in connection with this case are small victories for scott peterson.
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in most cases when someone makes a motion 20 years later to re-evaluate the evidence, it's rejected. here, the judge is at the least taking very seriously the questions involved. >> reporter: john bueller was a lead investigator on the case. >> well, i'm a-okay with them not dismissing it out of hand. if you come up with evidence either before trial, during trial, or after trial, test it. shake it out, see what it's all about. i have no doubt that scott did it. >> reporter: peterson's family smiling as they walked out of the courtroom. laci's family refusing to attend. >> in a perfect world for scott peterson, he would get a new trial. but trying someone 20-something years later, it gets a lot harder. memories have faded. witnesses will have died. it fundamentally changes a trial. >> reporter: peterson's innocence project attorneys claim that from the start, authorities zeroed in on the wrong man. claiming there were witnesses
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who say they saw laci on the day she went missing who were not properly interviewed. >> there are a number of other witnesses who we have been investigating. >> reporter: they also claim a burglary across the street from the peterson home happened on the same day laci went missing and was not fully investigated. >> their allegation here is that some witnesses believed laci peterson interrupted that burglary, and then she was killed because of it by those who were involved in it. >> reporter: the innocence project also asking for more extensive dna testing of a piece of fabric found in a burned-out van a mile away the day after laci's disappearance. >> that van had actually been seen where one of the witnesses saw laci. so there was a connection between the van and a possible laci sighting. >> so somebody's blood is on a mattress in the back of a van that was burned deliberately. who? >> that a burned van was found not far away from their home at
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the modesto airport, you've got to admit, even if police were able to clear those, coincidentally, that's weird. >> reporter: former modesto fire inspector brian podolski responded to that van on christmas morning, the day after laci went missing. >> there was a stain back there that presented as a rust-colored stain. >> reporter: he says he and the modesto police department tested the mattress, and it came up positive for human blood. >> i don't know that i was tying the moment to laci. i was more tying the moment that it was human blood. it made it like, this was much more important than just a burned vehicle that somebody was wanting to get rid of or cover up. we cut off a piece of fabric. it went into an evidence container, an envelope. and that was taken to the department of justice. >> reporter: the innocence project also says the full results from the police investigation were never shared with peterson's defense team at trial. his original lawyer, mark
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geragos. >> motion claims that there was blood found in the van, and it was likely never tested against laci's dna. was your team made aware of this? >> not in realtime no. by the way, we were getting dumped discovery literally while we were trying the case. >> i was never contacted. and i don't want to point fingers at anybody, but it definitely was an important piece of evidence that needs to be addressed. >> reporter: the mattress samples were tested in 2019 at the request of peterson's defense team, but results were inconclusive and the innocence project wants them tested again. >> the innocence project, their experts on dna thinks better samples can be taken, different procedures, and newer scientific methods that may be able to sequence that dna to determine whether it's associated with a climb. if laci's dna is in that van, then the case is over. >> reporter: the judge scheduling a date in may to
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decide whether or not they will retest those samples for dna. >> if that happens, that's a big win for scott peterson. >> i have no doubt that scott did it, and i have no doubt if they to repetitive testing on the blood that was found in that mattress in the burned-out van that it's not going to reveal anything that has anything whatsoever to do with the peterson case. >> reporter: peterson has repeatedly appealed for a new trial, so far with no success. but his death sentence was overturned to life in prison after the california supreme court ruled that his jury was improperly screened for bias against the death penalty. peterson has always maintained he did not kill his wife. >> this is a brutal thing for laci's family and friends to have to go through every couple of years when they come up with some new idea. it just dredges up these feels of tragedy, loss. >> reporter: in a statement after today's hearing, the los angeles innocence project stated that it was just the first step in a long process and that they
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will continue to present our case in court where it should be adjudicated. >> when scott peterson's death penalty was overturned, it was a big deal. but it seemed that was the end of the road. the fact that the judge is at least taking this seriously offers a glimmer of hope to the family of scott peterson. >> byron: our thanks to kayna. you can watch more of "impact by nightline's" "scott peterson: the wrong man?" now streaming on hulu. we turn to new troubles for boeing, including the stunning findings of a new report. what it claims about the aviation company's operations and the death of a whistle-blower. here's abc's trevor ault. >> reporter: tonight, a boeing whistle-blower now dead from an apparent suicide only days after his lawyer says he'd been deposed. john barnett worked for boeing for 32 years and was involved in a lawsuit alleging serious safety concerns with the 787
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dream liner and retaliation from the company. his lawyers say barnett was in very good spirits, and we didn't see any indication he would take his own life. but police in south carolina say he died saturday from a self-inflicted gunshot wound to the head. his body found inside a car in a hotel parking lot. in january, just weeks after a door plug flew off an alaska airlines boeing 737 max 9, barnett spoke with "tmz live." >> what we're seeing with the door plug blowout is what i've seen with the rest of the airplane, as far as jobs not being completed properly, inspection steps being removed, issues being ignored. >> reporter: since that incident, a six-week faa review of the boeing production line has raised new concerns. "the new york times" reporting boeing failed 33 of 89 audits, and boeing supplier spirit aerosystems which builds the
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fuselage failed half of its 13 audits. >> as difficult and painful inspections are for boeing, it will help them get back to basics to earn the trust of the faa and the flying public. >> byron: our thanks to trevor. in a statement about john barnett's death, boeing said, quote, we are saddened by my barnett's passing, and our thoughts are with his family and friends. coming up, after the fall. legendary actress jenifer lewis speaking out for the first time about a terrifying fall that nearly killed her. i won't let me moderate to severe plaque psoriasis symptoms define me... emerge as you. with tremfya®, most people saw 90% clearer skin at 4 months... ...and the majority stayed clearer, at 5 years. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge as you. emerge tremfyant®.
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>> byron: the actress jenifer lewis is known for bringing the laughs from her roles in "black-ish" and "think like a man." tonight for the first time, she's sharing a very different experience. during a vacation in africa. here's abc's robin roberts. >> i can't believe i didn't die. there was a boulder six inches from my hand. but i'm here. i'm here to tell the story. and that's why i'm here with you. >> reporter: acclaimed actress and comedian jenifer lewis recounting the moment that broke her body, and just how far she's come. >> i'm still in pain. but my spirit is amazing. i'm real proud of myself. >> reporter: suffering multiple injuries after a fall while on
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vacation in africa and finding the strength to walk again. in 2022, she was sitting on top of the world, celebrating the finale of the hit comedy show "black-ish." >> i am going to miss you. >> i was going to retire. move back home. >> reporter: jennifer, who had already conquered hollywood in films like "the cookout" -- >> oh, lord. oh, loved. >> reporter: and the '90s cult classics like "the fresh prince of bel air." >> aunt jemima, that's a strong woman. >> reporter: little did anyone know, months later while on a trip of a lifetime, her life flashing before her eyes. let's go to november 2022. and you're going to africa? >> well, this is the migration. we're so lucky.
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>> reporter: the serengeti, it's the end of the first day. what happened next? >> well, the sun set. when the sun sets in the serengeti, there are no street lights. it is pitch black. i was escorted to my room, and i saw the infinity pool out on my deck. so i went out, and i'm walking. and all of a sudden -- kaboom. i had fallen ten feet into a dry ravine. full of boulders and stones and sharp rocks. robin, i fell. my right hip took the impact. my shoulder went up against a stone. nothing would move. so i laid there. i said, move your body, baby.
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come on, jenny, move your body. >> reporter: and you're in the middle of the serengeti. there are animals? >> there are wild animals. i heard a lion roar. my last thought, because i am jenifer lewis, was, "what a headline." "the king ate the queen." i was out after the lion roared. i passed out. >> reporter: you really thought that was it? >> oh, i knew it. i knew it. >> here she comes. >> reporter: the next morning, jennifer medevac'd by doctors without borders. >> i was flown to nairobi where the doctor came over to me in the emergency room and he said, "miss lewis, your body is
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broken. you need to be fixed." >> reporter: in x-rays, you can see where she sustained the injury to her thigh bone, fracturing the socket that holds it in place. in a more than 10-hour surgery, nairobien doctors using titanium to replace part of her hip. >> when i was wheeled into surgery, they didn't know if i was going to make it. and i did my last will and testament. "if anything happens to me, i want my body to be shipped home, and i want to be with my family, my siblings." >> reporter: after the surgery, three blood transfusions and six days in the icu, jennifer able to return to the u.s. jennifer says she had to undergo a four-day evaluation and numerous painful tests before she was cleared for rehabilitation. what was the hardest part? >> the hardest part was the pain. one of the other worst parts was
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being in a wheelchair. walking with a walker. i would pass this mirror upstairs, just walking through the house, and i would see this person in a wheelchair. and it was me. i knew i was going to get up. >> reporter: month by month, jennifer documenting her journey as she learns how to walk again. >> here i am with my cane. i've graduated. going down the stairs. >> reporter: how were you able to keep this private for so long? >> it was hard for me to keep this story. i needed all of me to heal this injury. i needed everything i had. >> reporter: here we are walking. walking in your home. >> yeah, i'm walking. >> reporter: at 67 years old, jennifer's using her trauma as her testimony. it's the inspiration behind her new working book. >> i have to talk about the
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triumph of coming back from any fall. falling out of a relationship. falling out with your parents. falling down physically. any fall. i want to tell the world, oh, yes, you can. g "get up." that's the working title, "get up." >> reporter: now jenifer lewis is back and doing it her way. ♪ i fell when i was in africa ♪ ♪ i fell i was 65 ♪ ♪ but look at me now ladies and gentlemen ♪ ♪ i'm still alive ♪ >> byron: our thanks to robin. coming up, queen camilla like you've never seen her before. mr. clean magic eraser powers through tough messes.
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♪ >> byron: finally tonight, "barbie" gets a royal makeover. britain's queen quill la getting her very own barbie doll. they came face-to-face at a reception of buckingham palace. the doll was presented to camilla at an event celebrating international women's day. they both wore the same outfit, blue dress, and black cape. dame helen mirren, whose barbie debut the last week, was also on hand for the reception. the queen saying of the special honor, "we should all have a barbie." that's "nightline" for this
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