It seems that the prosecution continues to make missteps angering Judge Burmila and more importantly hampering the ability Drew Peterson to obtain a fair trial.
Will there be a mistrial?
Judge Burmila will rule on the mistrial on Wednesday morning.
Here are the details on the latest blunder by the prosecution.
The prosecution had been told not to make any mention in front of the jury as to whether Kathleen Savio had sought an order of protection against Drew Peterson when questioning Teresa Kernc, a current mayor who was formerly a Bolingbrook Police Officer who responded to a call made by Kathleen Savio.
So what did the prosecution do? When questioning Kernc, the second witness of the day, she was asked by assistant state’s attorney Kathleen Patton if she suggested getting an order of protection to Savio.
Peterson’s team objected, the jury was escorted out and now the very real possibility of a mistrial being declared hangs in the air.
Judge Burmila gave the prosecution a few minutes to compose their thoughts.
It appears that Judge Burmila was both angry and frustrated at both the defense and prosecution. He told the prosecution,
“There was only one thing I said you can’t go into and that’s exactly what you did.”
Paton apologized and said the questions they were going to ask had been prepared already so she didn’t catch it. She was seen looking upset afterwards with her head in her hands.
Their proposed remedy is for the Judge to instruct the jury to disregard the statement.
The Judge heard from both sides and expressed concern with telling the jury to disregard yet another statement.
The defense is asking for a mistrial with prejudice which means that Peterson cannot be tried again and that elicited a scolding by the Judge who told them they can ask for the mistrial and if granted he would decide what type of mistrial it would be,
Forensic pathologist Christopher Long took the stand in the morning and testified that he retested samples from Savio’s body in 2007 and found traces of traces of methadone, amphetamines and other substances but said that is normal when testing older tissue. Further testing showed no substances in her system including antidepressants that would have caused her death.
Next came testimony from Teresa Kernc, a current Mayor and former Bolingbrook Police Officer.
She testified that she had been called by Savio because Peterson threatened her. She said he was dressed in his SWAT uniform, wearing black gloves and that he pushed her twice. He stayed for over 3 hours forcing her to have a conversation with him. Savio, as told by Kernc finally told Peterson to just kill her and he took his knife out he told her to turn her head and then allegedly said that he could not hurt her and finally left.
It was during Kernc’s testimony that the prosecution asked a question that they were specifically instructed not to ask which caused Drew Peterson’s defense team to ask for a mistrial with prejudice.
Judge Burmilla will rule Wednesday morning on the latest mistrial motion so check back for your daily Drew Peterson trial update.
Do you think a mistrial will be granted in the Drew Peterson murder trial?