This is California. The sentencing phase wasn't so much as to whether Scot Peterson should live or die, but whether he would spend the rest of his life in prison or spend the rest of his life in prison waiting to be executed. Given that California has 600+ people on Death Row, and that the state manages to execute them at about one a year, I somehow doubt that Peterson is really going to be waiting around for that date.
Remember, if capital punishment had been legal when he was sentenced, Charles Manson would still be waiting for the needle.
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