ohiogirl
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In Session Glasgow continues; Her [Savios] pre-death statements align with the 2007 statement. This WAS a murder, which makes his statement just about as probative as it could be. Brodsky responds: They already have in the pre-death statements, as to what Mr. Peterson is alleged to have said in the nature of threats . . . however it may have occurred, and whatever the variation of the statement, the word accident doesnt get added until much later that doesnt really tell us much. Probably all policemen, probably all States Attorneys who do criminal work could make similar statements . . . to take such a common or inconspicuous statement, something we dispute ever took place, and to try to put this spin strains credibility. Its very prejudicial . . . I think the prejudicial value is so outweighed by any minimal value that I think it should be excluded . . . the State said they were going to attempt to put in Mr. Petersons training records . . . that evidence would be inadmissible; how could that possibly be probative? How can that put him in proximity to her? It cant change anything. It asks this jury to speculate, to say because he has special training more likely than not its him. We cannot allow this jury to speculate. Judge Burmila: Thats not anything Im going to comment on right now. The States Attorneys statement of law is generally correct . . . but just because its admissible, is it prejudicial? . . . its a rather nebulous statement, and its post-homicide, remote in time to the event. Balancing those things, I do find in this instance that it is too prejudicial. And the motion to deny the admissibility of that statement by the defendant is allowed.
In Session With that, the judge decides to take the lunch recess at this point. He leaves the bench, and the trial is in recess until 1:15 CT/2:15 ET.
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