Despite being found guilty of killing not only his wife, Laci, but also their unborn child, Conner, Scott Peterson still maintains his innocence — and has a sharp legal team working on his appeal. And they know more than anyone, they (in theory) have to act fast, because he’s currently waiting his turn on death row at San Quentin State Prison in California.

The 45-year-old has been San Quentin — California’s only death row facility — since he reported for his sentence on March 17, 2005, nearly six months after he was sentenced to death by Judge Alfred Delucchi, who called the murder of the pregnant school teacher “cruel uncaring, heartless, and callous.” When he arrived at the facility, he told the officers that he hadn’t slept the night before, having been too “jazzed” to get any rest, CNN reported at the time.

In an exclusive interview with In Touch, Scott’s father, Lee, shed light on the shockingly comfortable life Scott was living while awaiting his own demise. “Scott is doing wonderfully. He’s found a life behind bars,” he said in June 2016. “We talk all the time and he’s always in good spirits.”

Journalist Nancy Mullane — who had access to Scott for a project she was working on — added, “When I saw Scott, he was playing basketball. He didn’t look depressed. He looked like someone you’d see on the street playing basketball. He had his shirt off and his boxer shorts up. He wasn’t ripped, but he looked healthy. He was having a good time.”

Despite his seemingly cheery disposition, Scott is still a death row inmate — though the likelihood of him actually seeing capital punishment seems unlikely, as it has been more than a decade since California actually executed a death row inmate. “A death sentence in this state really means life without parole,” LA-based adjunct law school professor Paula Mitchell previously told CNN.