The Stanislaus County District Attorney will not pursue the death penalty retrial against Scott Peterson, according to court documents obtained by KCRA 3.According to the court document, the DA has requested the court set a date for Peterson's resentencing.A judge is considering whether to grant a new trial because of juror misconduct. If no new trial is granted, he will be sentenced to life imprisonment without parole."While the family of Laci and Conner believe there is no doubt that defendant is guilty of these crimes and that his conduct warrants the death penalty and defendant is deserving of the punishment of death, the family has decided this process is simply too painful to endure once again," court documents read. In 2005, Peterson was sentenced to death for the murders of his wife, 27-year-old Laci, and their unborn son, Conner.Investigators say Peterson took his wife's body from their Modesto home and dumped it from his fishing boat into San Francisco Bay, where it surfaced months later. Peterson has maintained his innocence.In August, the California Supreme Court overturned Peterson's death sentence, citing "significant errors" in jury selection. One of Peterson’s attorneys said the announcement is not a precursor to a plea deal and that his client will seek a new trial if a judge decides his first one was tainted by juror misconduct.Superior Court Judge Anne-Christine Massullo said she hopes to make a decision this year whether Peterson merits a new trial.It’s not clear if prosecutors could again seek the death penalty if there is a new trial and he was again convicted, said defense attorney Pat Harris, who is handling the death sentence portion of the case. A different attorney, Andras Farkas, is representing Peterson on the issue of whether he gets a new trial. Farkas did not respond to an email requesting comment.“It’s not clear to me that they’re saying no matter what, we’re taking the death penalty off the table ... or they’re saying if we go back to trial we’re reserving the right to put the death penalty back up again,” Harris said. “It sounds like they’re kind of holding back that if the judge orders a new trial, they could put the death penalty back on the table.”That could be cleared up at what was supposed to be procedural hearing on Tuesday, he said.-- The Associated Press contributed to this report