Drew Peterson's Trial *FIRST WEEK*

[outofstatelawyer]

The witness should have been reminded NOT to mention the bullet as it was declared too prejudicial at a previous hearing. This is the second time the prosecution has had this happen. Once, in the opening with the mention of $25,000 hit man and this. Sloppy, sloppy prosecution.

There are times, no matter how much time you spend preparing a witness, that they just say stuff. Being up on that witness stand is a very anxiety producing experience, and the lawyer cannot always control what even their own witness is going to say. Been there.

 

[passionflower]

What a nightmare since the start!!!

 

[katydid23]

It's a nightmare because the judge will not let ANYTHING in. So the witnesses can barely say anything without getting the state in trouble.

 

[passionflower]

hmmm he is 58.........lookin alot older in drawings JMOO

 

[Cappuccino]

It's a nightmare because the judge will not let ANYTHING in. So the witnesses can barely say anything without getting the state in trouble.

That's the prosecution's fault, not the judge's. All the judge can do is apply the law, if the prosecution hasn't disclosed evidence to the defense, the judge can't allow it. That's the law and always has been.

What a mess.

 

[Coldpizza]

We have to wait 1 1/2 hrs for the Judge to rule.

from IS

 

[Shelby1]

IS said the judge is "very upset" with the pros. team. He said there was "absolutely no reason for bringing this up and makes absolutely no sense whatsoever".

Per IS--Judge absolutely rejected the argument by pros regarding all of this.

IS also said that there is a good chance of mistrial and we will know in 1 1/2 hours.

Are they on a lunch now then?

SIGH.

I'm nervous.

 

[~n/t~]

52 seconds ago

In Session Judge Burmila first addresses the issue of the hole in the door. “I don’t see the problems the defendant claims exist with regards to the question about the hole in the door…in regards to the question about the hit man, the State is always able to ask the Court to reconsider its rulings…that leads us, however, to the incident that just occurred, which is completely troubling to the Court. I have to say that their [the State’s] argument makes absolutely no sense to the Court whatsoever…it makes no sense whatsoever, the argument the State just put forward…I’m going to take the motion under advisement, and I’ll have a ruling for you at 1:15.”



I have to go for about 45 minutes.......

 

[~n/t~]

Not sounding good. This Judge is going to rule a mistrial.

:banghead::banghead::banghead::banghead:

 

[katydid23]

OMG. If this freak walks away a free man... I cannot even imagine. :furious:

 

[Shelby1]

Not sounding good. This Judge is going to rule a mistrial.

:banghead::banghead::banghead::banghead:

I know


HURRY UP and get back here.

 

[Cappuccino]

It might be a good thing if the judge rules a mistrial and makes them start again. I just hope he doesn't throw it out altogether.

 

[~n/t~]

That's the prosecution's fault, not the judge's. All the judge can do is apply the law, if the prosecution hasn't disclosed evidence to the defense, the judge can't allow it. That's the law and always has been.

What a mess.

I don't think that was this issue today. The witness blurted out about the bullet. Reading the tweet, it didn't sound like the prosecution expected him to say it. Was the witness warned beforehand? Maybe that is the issue. They should've warned him.

D@mn!

 

[Shelby1]

Jean C. said that "in a rare moment" the defense team left without making a statement. Also the team seemed relieved and happy.

She says she doesn't think it looks good for the pros.

----

Question:

Can the judge grant mistrial WITHOUT prejudice?

 

[Madeleine74]

A bullet left "facing up" (whatever that means) in a neighbor's driveway around the time or immediately after KS's death, and the neighbor is frightened and sees this as some kind of sign (regardless of WHO left the bullet) is relevant. It's relevant to the witness' state of mind, to his intimidation, and the witness himself connected this odd occurrence to what happened to KS.

I think the judge is wrong. True, it may not have been left by DP, but finding such a thing was indeed unusual and caused the witness to react. How is that not relevant? If DP did leave the bullet then it's entirely relevant.

This is circumstantial evidence. The jury should be deciding if it's connected to KS or not. The judge is overstepping, IMHO.

Alternatively, if the witness should not be mentioning this one piece of evidence (or non-evidence) then the judge should allow and instruct the DA to lead the witness testimony in such a way that the witness does not say anything about it. And the witness should be instructed to only answer the exact questions put forth by the prosecution. No open ended questions.

 

[katydid23]

Beth Karas: The judge is so upset. he is taking the defense motion under advisement...he could walk free today if the judge grants that. or he could grant it w/out prejudice.

"I think he is going to sanction the state. "

 

[katydid23]

If this jury was told everything, ALL of the evidence and circumstances, then DP would be locked up forever.

But the state has it's hands tied here. they cannot discuss anything.

 

[Cappuccino]

I don't think that was this issue today. The witness blurted out about the bullet. Reading the tweet, it didn't sound like the prosecution expected him to say it. Was the witness warned beforehand? Maybe that is the issue. They should've warned him.

D@mn!

I know its not the issue today, I was responding to the post above mine about the judge ruling other things inadmissable.

Fingers crossed that the judge will grant a mistrial without prejudice.

 

[seattlechiquita]

Beth Karas: The judge is so upset. he is taking the defense motion under advisement...he could walk free today if the judge grants that. or he could grant it w/out prejudice.

"I think he is going to sanction the state. "

Oh maaaaan... this is not looking good. I cannot believe the pros are effing up this badly. This man is a pig, and is about to walk.

 

[Kimster]

If this jury was told everything, ALL of the evidence and circumstances, then DP would be locked up forever.

But the state has it's hands tied here. they cannot discuss anything.

This is one of the main reasons crime is rampant in this country, IMO!

:moo: