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Scott Peterson has been moved away from death row at San Quentin State Prison in California as a judge is still weighing whether the convicted killer deserves a new trial in the 2002 murders of his wife and unborn son. 

Peterson is now being housed at the Mule Creek State Prison east of Sacramento, about 90 miles northeast of the notorious San Quentin facility, according to the California Department of Corrections and Rehabilitation. 

A new mugshot of the 50-year-old was taken Friday. 

The move comes after Peterson, in August, appeared in a California court for prosecutors and attorneys to argue their respective cases over whether he deserves a new trial

Scott Peterson mugshot

This Oct. 21, 2022, photo provided by the California Department of Corrections and Rehabiliatation shows Scott Peterson.  (California Department of Corrections and Rehabilitation via AP)

LACI PETERSON TIMELINE: CASE THAT SENT FAMILY, PUBLIC ON CRUSADE FOR JUSTICE 

The hearing stemmed from defense attorneys' argument that juror Richelle Nice was biased. They argued Nice lied to get on the jury that convicted Peterson in 2004 and put him on death row for the murders of Laci, 27, and the unborn child they planned to name Conner. 

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Scott Peterson California

Scott Peterson listens during a hearing at the San Mateo County Superior Court in Redwood City, Calif., on Feb. 25, 2022. (AP Photo/Jeff Chiu, Pool)

The California Supreme Court overturned Peterson’s death sentence in 2020 and tasked Superior Court Judge Anne-Christine Massullo with deciding if he received a fair trial. 

Massullo argued that Peterson’s attorneys at the time could have asked follow-up questions to clarify some of Nice’s responses. She noted that there were several inconsistencies in the prospective juror questionnaire in the original trial.