09/28/2005 at 08:00 AM EDT
An Oct. 21 court date has been set to determine who will collect murder victim Laci Peterson's $250,000 life insurance policy.
Laci's mother. Sharon Rocha, petitioned Stanislaus County (Calif.) Superior Court for the money, her attorney, Adam Stewart, said Tuesday, the Associated Press reports.
But Scott Peterson's attorney, Mark Geragos, is not relinquishing the monetary claim of his client – who is currently on San Quentin's death row after being convicted of killing Laci and the couple's unborn child – until his side has exhausted appeals of his conviction in her murder.
Geragos was not available for further comment. His client maintains that he is innocent.
But Stewart said on Tuesday: "We shouldn't have to wait a quarter of a century to find out whether he's exonerated or put to death."
A $25 million wrongful death lawsuit filed against Scott Peterson by Laci Peterson's family is set for trial April 4.