Reversal of Peng’s Conviction Is Upheld

The state Supreme Court refused Wednesday to reinstate the 1996 murder conviction of a Taiwanese woman who allegedly killed her millionaire husband’s mistress in Mission Viejo and smothered the woman’s 5-month-old baby boy.

The decision forces prosecutors to decide whether to press for a third murder trial against Li-Yun “Lisa” Peng in a case that attracted international attention. Her story inspired a movie in her native Taiwan and made headlines across Asia with its elements of wealth, betrayal and revenge.

The high court unanimously denied review of a state appeals court decision last year that attacked the interrogation tactics of the Orange County Sheriff’s Department. The lower-court ruling granted Peng a new trial on the grounds that she was coerced and deceived into incriminating herself through her husband, who cooperated with sheriff’s deputies.

Peng’s first trial, in 1995, ended in a deadlocked jury. But a second jury convicted her in April 1996. She was sentenced to life in prison without the possibility of parole.

Peng’s attorney, Charles Sevilla, said that he will ask a judge within the next two weeks to release Peng from prison.

“She’s not a risk in any sense of the word. She’s basically been a good mother to her children and has no criminal record other than this matter,” he said.

Prosecutors would not comment on the ruling and said they won’t decide whether to retry Peng until they review the case.

“We will work as fast as we can to come to some sort of conclusion,” said Tori Richards, spokeswoman for the Orange County district attorney’s office.

In a 3-0 ruling in October, the 4th District Court of Appeal said police had failed to advise Peng of her rights, ignored her requests for a lawyer, demanded that she confess and then used her husband as their agent to elicit incriminating statements during a nine-hour interrogation.

The investigators’ conduct, the appeals court justices said, was improper if not illegal.

The ruling bars use of the statements if Peng is retried.

The appellate justices said detectives also exploited Peng’s husband, electronics tycoon Tseng “Jim” Peng, 56, who had earlier agreed to help law enforcement by hunting through his wife’s closet and financial records for clues.

When deputies believed that Lisa Peng was close to breaking during the January 1994 questioning, they sent Jim Peng into the room to ask his wife questions about her role in the slayings, the ruling said.

During this session, Lisa Peng tearfully admitted to her husband in Chinese that she had bitten Ranbing “Jennifer” Ji, 25, during a confrontation hours before her death.

Detectives matched Lisa Peng’s DNA to that found in a bite wound on Ji’s arm.

Jim Peng’s and his wife’s statements were translated and used as evidence during her two murder trials.