Owl theory
In late 2009, Peterson's attorneys raised a new theory of Kathleen Peterson's death, that she had been attacked by an owl outside, fallen after rushing inside, and been knocked unconscious after hitting her head on the first tread of the stairs. The owl theory was raised by Durham attorney T. Lawrence Pollard, who was not involved in the case at the time but approached the police suggesting an owl might have been responsible. He raised this possibility after reading the SBI evidence list and finding a "feather" listed. Although Pollard did not speak of the theory to anyone else, the Durham Herald-Sun newspaper published an article ridiculing him and discrediting his theory. Other media picked it up, propagating the Herald-Sun story, which was later criticized as inaccurate. Peterson's attorneys subsequently determined that the SBI crime lab report listed a microscopic owl feather and a wooden sliver from a tree limb entangled in a clump of hair that had been pulled out by the roots found clutched in Kathleen's left hand.[SUP][10][/SUP][SUP][11][/SUP] A re-examination of the hair in September 2008 found two more microscopic owl feathers.[SUP][citation needed][/SUP] Advocates allege the existence of other evidence supports the theory, namely that the scalp wounds were tri-lobed and paired, consistent with marks left by talons, the feathers are similar to those on owl feet, cedar needles were found on her hands and body indicating she had fallen over outside shortly before entering the house, that Kathleen's blood had splattered up the staircase rather than down, that Kathleen's footprints in her own blood indicated that she was already bleeding before she reached the foot of the stairs and that two drops of Kathleen's blood were found outside the house on the front walkway along with a finger smear on the front door consistent with her pushing the door shut. The advocates for the owl attack hypothesis also note that owl attacks on people are common in the area, with one victim stating that the impact was similar to being hit in the head with a baseball bat.[4] According to attorney T. Lawrence Pollard, had a jury been presented with this evidence it would have "materially affected their deliberation and therefore would have materially affected their ultimate verdict." Prosecutors have ridiculed the claim and Dr. Deborah Radisch, who conducted Kathleen Peterson's autopsy, says it is unlikely that an owl or any other bird could have made wounds as deep as those on Kathleen's scalp. Dr. Radisch's opinion, however, was challenged by other experts in three affidavits filed in 2010. Dr. Alan van Norman wrote "The multiple wounds present suggest to me that an owl and Ms. Peterson somehow became entangled. Perhaps the owl got tangled in her hair or perhaps she grabbed the owl's foot."[SUP][12][/SUP]
Dr. Patrick T. Redig, a professor of veterinary medicine at the University of Minnesota wrote:
"In my professional opinion, the hypothesized attack to the face and back of the head resulting in the various punctures and lacerations visible in the autopsy photographs is entirely within the behavioral repertoire of large owls".[SUP][12][/SUP]
Kate P. Davis, executive director of Raptors of the Rockies, located in western Montana, wrote:
"The lacerations on Mrs. Peterson's scalp look very much like those made by a raptor's talons, especially if she had forcibly torn the bird from the back of her head," she wrote. "That would explain the feathers found in her hand and the many hairs pulled out by the root ball, broken or cut. The size and configuration of the lacerations could certainly indicate the feet of a Barred Owl." She noted that owls can kill species much larger than themselves and that it is not uncommon for them to attack people.[SUP][12][/SUP]
No motion for a new trial was filed on this point in 2009.[SUP][13][/SUP][SUP][14[/SUP]