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Peitz Freed After 3rd Trial : Courts: Prosecutors say for now they would not seek to retry Palmdale man who had been charged in the 1994 slaying of his wife.

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TIMES STAFF WRITERS

After nearly a year in jail and three trials on charges that he murdered his wife, Jeffrey Dale Peitz, 39, of Palmdale, walked out the front doors of Van Nuys Superior Courthouse Wednesday a free man.

Peitz had been charged in the 1994 killing of Teri Lynn Peitz, 37, who was slain in their living room as she watched her favorite television show, “Cops.” Each trial ended in a hung jury. Peitz was released after prosecutors said they would not seek a fourth trial, at least not at this time.

As he left the courthouse shortly after 2 p.m., Peitz hugged his 17-year-old daughter, Michelle, and spoke about his immediate plans. “I want to get something to eat, some real food,” Peitz said, at first maintaining the almost stone-faced demeanor he showed during the trials. “All day,” he continued, showing a slight smile, “I’ve been craving a Del Taco burrito.”

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His daughter was tearful. “It feels good to have him home,” said Michelle, as she stood next to her father.

Deputy Dist. Atty. John A. Portillo, who was the prosecutor at all three trials, said it’s possible Peitz could be tried again.

“As strong as I feel that the evidence was there, and the jury should have convicted him, not everyone sees it that way,” Portillo said. “I don’t think it would be wise to try it a fourth time at this point in time, but the investigation is still open; it’s still an open case.

“If we come up with new evidence, we will prosecute him again. There is no statute of limitations on murder, so until the day he dies, this case will be hanging over his head.”

Peitz said he will not be returning to the Palmdale area to live. He will stay with his mother in Riverside for a while before deciding where to settle down.

Judging from the reaction of his former neighbors, some of whom testified against him during the trials, he won’t be much missed.

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“I think there’s a lot of people who are nervous,” said one neighbor, who asked that his name not be used. “He might retaliate against the people that testified against him.”

A woman who lives nearby, who also asked not to be identified, said, “The [Peitz] house is history. It’s foreclosed. That was a big relief to know he lost the house. Things have been very peaceful in the last year.”

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Regarding his release, she said, “There are a lot of people upset about this, very upset. I’m just disgusted with the system.”

Peitz had told police that on the night of the murder, Aug. 12, 1994, he was in the upstairs part of the house folding laundry when he heard two gunshots. He said he rushed downstairs in time to see an African American man running from the scene.

But eight days after the shooting, Peitz was arrested for the murder. Prosecutors charged that he murdered his wife because he was involved with another woman and because he wanted to collect on a $100,000 insurance policy. The murder weapon was never found.

All three trials had a majority of jurors voting for conviction. In the first trial, which ended in January, a jury deadlocked 9-3. In the second trial, ending in April, the split was 8-4 in favor of guilt, as it was last week when the third mistrial was declared.

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In the aftermath of all three trials, some jurors said that a lack of physical evidence tying Peitz to the murder was enough to create reasonable doubt that he killed her.

Peitz’s attorney, Richard Plotin, said a fourth trial would be a waste of time.

“Three times they tried him, and three times a jury found insufficient evidence to convict him,” Plotin said. “I feel it’s finally over.”

Peitz said he is not worried about having to face another trial.

“I haven’t done anything wrong to be looking over my shoulder,” he said. “I’m innocent, but I feel the district attorney was vindictive. The police saw a likely suspect because I was there. I don’t like our justice system.

“I don’t know what hell is like, but listening to the district attorney’s closing statement had to be close to what hell is like. It was just garbage.”

Peitz also said he hopes to return to his job as a letter carrier for the Postal Service. He was put on an unpaid leave at the time of his arrest.

Peitz said the three trials have cost him his house in Palmdale, his savings and all proceeds from his wife’s life insurance policy. The insurance money went, he said, toward legal bills.

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“I never saw a dime of it,” Peitz said. In addition, he said that in order to pay legal fees for the third trial, he had to get donations and loans from friends and family members.

“That’s how sure they were of me,” Peitz said.

Peitz said he believes someone killed his wife because of her activities fighting crime as part of the local Neighborhood Watch. “That’s the only reason why someone would kill her,” he said. “I always will miss my wife.”

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Teri Peitz’s parents, Betty and Jack Wells of Riverside, sat through all three trials in Van Nuys, checking into a motel near the courthouse to avoid the long commute. The couple, who say they believe their son-in-law committed the murder, could not bear to come to court Wednesday to watch him regain his freedom.

“That’s one thing I didn’t want to see,” Jack Wells said.

Peitz “beat the system,” he added. “It doesn’t take much when you have to have all 12 jurors come up with a guilty verdict.”

“The court system is wrong,” Betty Wells said. “It should be a majority decision.”

She added: “Somewhere down the line, I hope they do find new evidence. He wasn’t found innocent.”

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