Michael Peterson spent roughly eight years in state prison for the death of his wife, Kathleen Peterson. He was convicted of first-degree murder in October 2003 and held at Nash Correctional Institution until December 2011, when a judge vacated the conviction. When Peterson later entered an Alford plea to voluntary manslaughter in February 2017, the court credited him with 89 months already served and released him the same day.1WRAL. Mike Peterson Walks Free as 15-Year Murder Case Ends With Plea Deal
The Eight Years Behind Bars
Peterson called 911 in the early hours of December 9, 2001, reporting that his wife had fallen down a staircase at their Durham, North Carolina home. A Durham County grand jury indicted him on first-degree murder, and he surrendered on December 20, 2001. His trial ran from July 1 to October 10, 2003.
The jury convicted him, and the judge imposed the mandatory sentence for first-degree murder in North Carolina: life without parole. After diagnostic processing at Central Prison, Peterson was transferred to Nash Correctional Institution in Nash County, a medium- and close-custody facility.2WRAL. Mike Peterson Transferred to Nash Correctional Institution He remained there for about eight years.
Why the Prison Time Ended in 2011
Peterson’s murder conviction did not survive scrutiny of the state’s forensic evidence. Duane Deaver, the State Bureau of Investigation blood spatter analyst whose testimony helped secure the conviction, was later found to have given false testimony and misrepresented his qualifications. In December 2011, Judge Orlando Hudson ruled that Deaver’s misleading testimony warranted a new trial and ordered Peterson released.3WUNC News. Judge Orders New Trial for Michael Peterson
That order stopped the clock on Peterson’s incarceration. Everything that followed was pretrial custody in a different form.
Five Years of House Arrest Do Not Count as Jail Time
Release from prison did not mean freedom. Peterson was placed on house arrest with an electronic ankle bracelet that tracked his location, and he was confined to his Durham residence unless he had court permission to leave for legal or medical appointments.4WRAL. Judge: Peterson Must Keep Monitor Bracelet on Ankle The court gradually loosened some restrictions, but monitoring continued for more than five years.
This period, from December 2011 to February 2017, is why the calendar total of the case and the actual jail figure diverge so sharply. House arrest was not credited toward his sentence when the case was finally resolved.
The Alford Plea and the Sentencing Math
With a retrial scheduled for May 2017, Peterson and prosecutors reached a deal. On February 24, 2017, he entered an Alford plea to voluntary manslaughter, a form of guilty plea in which a defendant accepts the conviction without admitting the act.5Wikipedia. Alford Plea Peterson maintained his innocence while acknowledging the state had enough evidence to likely win.
Judge Hudson sentenced him to 64 to 86 months in prison and credited him with 89 months already served.1WRAL. Mike Peterson Walks Free as 15-Year Murder Case Ends With Plea Deal Because 89 months exceeded even the top of the sentencing range, Peterson had already served longer than the manslaughter conviction required. The judge ordered his immediate release from all custody, including removal of the ankle monitor.
The Timeline at a Glance
- December 20, 2001: Peterson surrenders on a first-degree murder indictment.
- July 1 to October 10, 2003: Trial in Durham County.
- October 2003 to December 2011: Approximately eight years at Nash Correctional Institution after conviction.
- December 2011: Judge Hudson vacates the conviction and orders release; house arrest begins.
- February 24, 2017: Alford plea to voluntary manslaughter; 89 months credited; released the same day.
The case itself stretched more than 15 years from arrest to final release. The time Peterson actually spent locked up, and the figure the court used at sentencing, was 89 months, or just under seven and a half years. The commonly cited “eight years” refers to his stretch in state prison from the 2003 conviction to the 2011 order for a new trial, and it accounts for the bulk of the credited time. The remainder came from the roughly 22 months he was held between his December 2001 surrender and the October 2003 sentencing.