On December 31, the defense submitted a request to move up the bail hearing date. The district attorney agreed a week later. A new date was set for January 14. Three days before the hearing, Durham Superior Court Judge Ronald L. Stephens recused himself from the case on the grounds of conflict of interest. His youngest daughter, now a freshman in college, was in the same high school graduating class as Martha Ratliff. She knew all three of the girls in the Peterson household and had spent considerable time in their home. Visiting Superior Court Judge Henry Hight, Jr., of the Ninth Judicial District was selected to preside.
Fifty people with candles gathered outside of the Durham County Jail on the evening of Friday, January 11, to demonstrate their support for Michael Peterson. Martha Ratliff carried a sign that read: “FREE OUR FATHER.” Other signs in the crowd included: “A MAN WITH A FAMILY CAN ONLY RUN HOME” and “PETERSON WON’T FLEE.”
The icy wind filled with whispered words, carried them through the crowd and out to the media, who encircled them: The district attorney will not seek the death penalty. Hardin would not respond to this rumor, reserving his comments for the courtroom the following Monday.
Michael Peterson could not see the crowd of well-wishers from his cell, but he passed a message out with his son Todd. “I want to thank everyone here and so many others who have shown their support,” Todd read. “I can’t express what it means to me.”
Another rumor flashed through Durham that weekend. Michael Peterson’s trial had caught the attention of Court TV. The cable network confirmed this story, but said the degree of their interest had not yet been determined.
Waving and smiling at his friends and neighbors, Mike Peterson entered the courtroom on Monday, January 14, escorted by deputies. He shuffled to his seat in shackles and a blue blazer. He sat between his two lawyers and never uttered a word on his own behalf.
The judge had letters from Peterson’s supporters. They endorsed Todd’s contention that Kathleen was a heavy drinker, insisted that Michael was no threat to the community and swore that the relationship between Kathleen and Michael was “idyllic.” And, of course, urged Mike’s release from jail.
Several people testified in person, including former U.S. Representative Nick Galifanakis. Tears coursed down Peterson’s face as they spoke on his behalf.
District Attorney Hardin responded by presenting autopsy photographs proving, he said, that Kathleen’s death was not an accident. He gave the court a power of attorney document drawn up the day after she died which he suspected was written to allow Michael’s sons to aid in gathering the cash that would enable Peterson to flee the country. He also announced his decision not to seek the death penalty.
He surprised the courtroom by calling Todd Peterson to the stand. He questioned the witness about the power of attorney. Todd refused to answer, calling the questions baseless and irrelevant.
Judge Hight told him to respond. After a bit of squabbling and a flash of Todd’s temper, Hight snapped, “Son, quit being smart and answer the doggone question.”
In the end, the judge released Michael Peterson on $850,000 bond. Mike signed papers on his home to cover the bail, relinquished his passport and agreed not to leave North Carolina.
A little after 6 P.M., he emerged from the jail carrying his possessions in a plastic bag. He told the gathered members of the press, “I really want to go home to see my kids. This is the first opportunity I have to grieve my wife and I’d really like to have that time.”
Friends came by the Cedar Street home with groceries and stayed to cry together and reassure one another. Live broadcast media trucks rumbled on the street while reporters looked in on the Christmas tree and its colored lights gleaming from the living room window.
Within a week, Margaret was back at Tulane and Martha returned to the University of San Francisco. Caitlin Atwater was not present for the hearing or the post-jailhouse reunion. In weeks, the one thin remaining thread that supported her belief in Michael Peterson’s innocence would snap.