OMAHA, Neb.—A Nebraska man who claimed he led investigators to his daughter’s body only after they promised not to file felony charges may avoid a trial in her death after three court rulings left little, if any, evidence for prosecutors.
Butler County Attorney Julie Reiter said Thursday that the latest ruling, the Nebraska Court of Appeals’ decision that Lucas Peterson’s cooperation was illegally obtained, left her with no evidence. She wanted to try him on a felony charge of illegally disposing of human remains.
“I continue to explore the options, but at this point I don’t see any options,” Reiter said. She said the case would likely be dismissed and Peterson could walk out of jail within weeks.
One final appeal is pending in neighboring Seward County, where Peterson faced charges of child abuse resulting in death and evidence tampering. A judge dismissed the case, and prosecutors appealed. Peterson lived in Seward County, but the child’s body was found in Butler County in April 2007.
Peterson, 24, said law officers told him he wouldn’t face felony charges in return for his help in finding 10-month-old Trista or her body after she went missing. Prosecutors said he was told the agreement held only if she died of accidental causes.
An autopsy determined she died from blunt force trauma that wasn’t accidental.
In an Aug. 12 opinion, an appeals judge upheld a lower court’s ruling suppressing evidence against Peterson. Judge Everett Inbody said Peterson’s statements couldn’t be used because, among other things, he was not reread his Miranda rights when he led authorities to the body.
Prosecutors had argued that with or without Miranda rights, Peterson’s voluntary statements should be allowed as evidence, which would make the evidence of Trista’s body admissible, too.
“I think the judges that made the rulings … all followed the law and that’s what we want judges to do, even though sometimes we’re not happy with the decision,” said Todd Lancaster, Peterson’s attorney.
A spokeswoman for Nebraska Attorney General Jon Bruning’s office said prosecutors remain focused on pursuing the appeal in Seward County.
According to court documents, prosecutors believe Trista’s death occurred in January 2007, at Peterson’s apartment in Pleasant Dale, about 70 miles southwest of Omaha.
Seward County District Judge Alan Gless dismissed the felony charges last year, saying investigators told Peterson he would not face felonies if he told them were they could find his daughter.
With no pending charges in Seward County, authorities there can’t jail Peterson.
Peterson had custody of Trista at the time of her death. Her mother was serving a one-year sentence at the Nebraska Correctional Center for Women in York for theft and writing bad checks, according to court records.
