After eight years in prison, Durham novelist Michael Peterson will be home with his family this weekend after a judge ruled that Peterson deserves a new trial because of misconduct by a former agent of the State Bureau of Investigation.

Superior Court Judge Orlando Hudson said Wednesday that former SBI agent Duane Deaver misled him and the jury at Peterson's 2003 murder trial, when he was convicted of killing his wife, Kathleen. "Is a new trial required because of due process violations and the perjured testimony?" Hudson said. "The answer is yes."

Hudson was worried that Deaver may have given false testimony in other cases, and asked Peterson's lawyer to research whether the judge had the power to appoint a special prosecutor to investigate Deaver.

"I am concerned about Mr. Deaver," Hudson said.

Wednesday's courtroom victory for Peterson is the latest twist in his saga, which has spawned books, documentaries and a feature-length film. For six days, Hudson listened impassively as Peterson's lawyer, David Rudolf, relentlessly attacked Deaver, who as an expert witness opined that bloodstains on the Petersons' staircase and on Peterson's clothes proved he killed his wife.

Rudolf played clips of Deaver testifying at the 2003 trial, and then contradicted Deaver's assertion with testimony from SBI agents, expert witnesses and the SBI's own files. Deaver said he wrote 200 blood spatter reports when the SBI could only find 54. Experts said his blood spatter experiments were unscientific and designed to produce the answers Deaver wanted.

Former colleagues and SBI records gave examples of pro-prosecution bias from 1987 to 2009, when Deaver insisted that Greg Taylor was guilty of a 1991 murder. The Innocence Inquiry Commission exonerated Taylor, in large part because of Deaver's failure to report the results of lab tests favorable to Taylor.

"Deaver could never admit that he was wrong," Mark Nelson, Deaver's former boss, told investigators. "Deaver's testimony before the Innocence Commission sounded like he was throwing people under the bus, ... a manifestation of Deaver not being able to admit he was wrong and trying to get himself out from under attack."

Rudolf called Deaver a liar a half-dozen times as he summed up his case Wednesday.

"There is no way to sugarcoat it. Agent Deaver lied to this court and our jury, not once or twice, but repeatedly and purposefully," Rudolf said Wednesday.

Freda Black, a prosecutor at the 2003 trial, said Hudson's finding of "perjured testimony" was a bombshell: "That is shocking to me that he would make that finding. But he is a fair judge, one of the best judges in the state."

Anger from wife's family

As Hudson quietly made his ruling from the bench just before lunch, Peterson's face reddened, he closed his eyes and put a hand to his forehead. His family and friends crowding the bench behind him hugged each other, some in tears.

When Peterson returned to court after lunch for his bond hearing, his supporters applauded him. Gray, gaunt and visibly limping, Peterson smiled widely and brushed the cheek of his year-old grandson, Dorian. He has not been allowed physical contact with family in the courtroom.

Hudson set bail of $300,000 and required electronic house arrest, meaning Peterson has to be at his residence at certain times. He will stay in the Durham home of a friend.

But Peterson does not enjoy the support of all his family.

Kathleen Peterson's daughter and sisters have opposed his bid for a retrial and release.

"My sister's autopsy speaks volumes," Candace Zamperini said in a phone interview Wednesday. "She was murdered. Plain and simple, she was murdered. We'll see him in the Court of Appeals."

Durham District Attorney Tracey Cline filed notice that she would appeal Hudson's decision. She had unsuccessfully argued that Rudolf had turned up nothing new in the hearing, just evidence that he could have discovered before and during the 2003 trial.

"They had plenty of time to do that," Cline said.