California prosecutors’ Tuesday decision not to see the death penalty against accusedmurderer Scott Peterson should come as "no real surprise" to anyone familiar with the circumstances surrounding the case, an attorney representing Peterson said. Cliff Gardner, Peterson’s appellate attorney, said in a statement after Tuesday’s news that anyone who knows about "the new evidence presented in state habeas proceedings" and "the basis of the Supreme Court's decision reversing the original penalty phase verdict" would not be surprised by prosecutors’ decision. "The Supreme Court properly found that the jury was not fairly selected," Gardner said. "Those aware of the new evidence presented in habeas proceedings (including the state's lawyers of course) knew full well that if the state was forced to fairly select jurors, no jury would either conclude Scott was guilty much less impose death at a penalty retrial."