By CBS13 Staff

(CBS13/AP) – A judge has ordered a hearing to see if convicted killer Scott Peterson deserves a new trial, over possible juror misconduct.

Peterson, 48, was sentenced to death in the 2002 murders of his pregnant wife, Laci, and the son she was carrying.

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His attorneys claim a juror who eagerly sought to be involved in the trial, Richelle Nice, committed misconduct by not disclosing she had been a crime victim, defense attorneys said Friday in their bid for a new trial.

New details show Juror 7 failed to disclose her boyfriend beat her in 2001 while she was pregnant. It was previously revealed that she failed to disclose that while pregnant with another child she obtained a restraining order against the boyfriend’s ex-girlfriend, whom she feared would hurt her unborn child.

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In court filings, prosecutors have brushed off accusations of misconduct. They included a declaration by Nice that indicated she either misunderstood or misinterpreted the questions about other legal proceedings she had been involved in.

The California supreme court already overturned Peterson’s death sentence in the murder of Laci and their unborn son over a judge’s mistake.

After consulting with Laci’s family, prosecutors say they will not retry the death penalty portion of the case, which means if the conviction stick, he’d likely get life in prison.

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