CHICAGO (FOX 32 News) -
The Drew Peterson murder trial adjourned on Wednesday afternoon while the defense considered an offer to strike a prosecution witness' testimony from the record after a controversial statement.
The witness, Thomas Pontarelli, had testified Wednesday morning that he was scared of Peterson after he found a bullet standing in his driveway. He said Peterson later asked him if he "got the message." Pontarelli testified that he did.
The prosecution asked the question to show that Peterson could be intimidating, but the defense immediately objected on the grounds that there is no proof that Peterson left the bullet there. Judge Edward Burmila agreed the testimony was "troubling" and and sent the jury out of the room before admonishing prosecutor Kathleen Patton for allowing a witness to mention something that would implicate Peterson in the eyes of the jury.
On Wednesday afternoon, the judge told the defense team they could accept his offer to strike the testimony from the record and move forward with the trial.
The testimony came just two days into the trial. Peterson, 58, is accused of murdering his third wife, Kathleen Savio, a charge that came only after his fourth wife, Stacy Peterson, vanished. Pontarelli is Savio's former neighbor and he and his wife Mary were the ones who discovered Savio's lifeless body in her dry bathtub in 2004.
If the defense team continues to demand a mistrial, the trial might begin again with jury selection. But sometimes there is a ruling of intentional misconduct by the prosecution, attaching jeopardy to the mistrial ruling. That means there cannot be another trial, which would mean double jeopardy.
The judge had three options:
- He could continue and warn the jury to disregard the previous statement
- He could declare a mistrial and begin again by selecting a new jury
- He could rule in favor of the defense and declare a mistrial with jeopardy attached, and Drew Peterson would walk free
Prosecutors argued against a mistrial, denying repetitive errors. They asked the Judge Burmila to allow the trial to continue, because they were trying to show that Peterson and Pontarelli did not have a warm and fuzzy relationship.
The State wanted to show the court that the witness was in fact intimidated by the former Bolingbrook cop. The "bullet" piece of evidence came out two years ago as hearsay evidence, and was not supposed to be mentioned in this trial, because prosecutors could not directly link the bullet to Peterson.
The defense had also called for a mistrial on the first day of court, just as opening statements began. Lead prosecutor James Glasgow had referred to the allegation that Peterson tried to hire a hit-man. The defense said they should have been informed ahead of time that the prosecution was going to mention the allegation, so that they could have a chance to object to it and keep it out of the trial.
Judge Burmila said the allegation was inadmissible, but did not order a mistrial.
Irrelevant evidence cannot be spoken of in court. But once the jury is introduced to evidence that makes Peterson look guilty, even though it has nothing to do with Savio's murder, their perspectives may be tainted.
Mentioning things like bullets or implying that Peterson may have hired a hit-man fall under the category of irrelevant.
Savio's family was in tears as prosecutors showed photos of her nude body curled up in a bathtub. Her family said defense attorney Joel Brodsky needs to be reminded that Savio was the victim in this crime, not his client.
Pontarelli testified earlier Wednesday that he was immediately suspicious after he found Savio's lifeless body in the dry bathtub – which he described as dry and pristine, with no water mark. He said there was no towel in the room or any sign of Savio's clothes.
Mary Pontarelli testified Tuesday that she screamed and threw herself to the ground when she saw Savio's body. She said then it was widely known in the neighborhood that Peterson and Savio were through a contentious divorce. She also testified at an evidentiary hearing in 2010.
Then the defense team tried to portray Savio as an angry woman who repeatedly lied about Peterson. They said she even lied in court documents, in order to build up her case for their divorce.
The defense contends that Savio's death is nothing but a tragic accident.
Peterson was charged with first-degree murder in 2009. Savio's death was originally determined to be accidental.
But when Peterson's fourth wife, 23-year-old Stacy Peterson, went missing in 2007, investigators decided to take another look at 40-year-old Savio's death. Her body was exhumed and her death determined to be homicide.
Stacy Peterson has never been found. The defense contends that she ran off with another man. Peterson is a suspect in her disappearance, but has not been charged.
Prosecutors tried to put a positive spin on the mess on Wednesday afternoon.
"We're confident that the trial will resume tomorrow morning, We have a full complement of witnesses to fill the day," said State's Attorney Jim Glasgow.
Meanwhile Peterson's attorneys were also feeling confident and they said Peterson is, too.
"Like always, he's feeling good," Joel Brodsky said.
Kathleen Savio's family.
