Continual coverage of the trial of Drew Peterson for the murder of his third wife, Kathleen Savio.
2:55 p.m. Mistrial options
A judge has several options for declaring a mistrial. The case could be tossed completely, what is called mistrial with prejudice, or a mistrial without prejudice could be declared, which would allow the state to retry the defendant with a new jury, experts said. Throwing the case out completely is extremely rare, experts have said.
2:25 p.m. Another motion for mistrial
For the third time in as many weeks, the judge is considering mistrial in the Drew Peterson murder case. He has given prosecutors until 3 p.m. to come up with an appropriate response for their latest mishap.
The judge had ordered prosecutors not to make any mention of an order of protection during questioning of former Bolingbrook police officer Teresa Kernc because it’s too prejudicial to the jury and because Kathleen Savio never did obtain an order of protection against Peterson. Kernc was testifying about interviewing Savio after an alleged threat made against her by Peterson in 2002.
Just minutes into her questions, assistant state’s attorney Kathleen Patton asked Kernc if she suggested getting an order of protection to Savio. The question prompted an objection from the defense, and after the jury was escorted out of the courtroom, a strong rebuke from Judge Edward Burmila.
Burmila seemed incredulous, at times laughing in apparent frustration, after the misstep.
"You interjected order of protection into this case when I said don’t do that," he said. "There was only one thing I said you can’t go into and that’s exactly what you did."
Burmila said this would be the third time he would need to instruct the jury to disregard a prosecutor’s misstep and to do it a third time it may impact the state’s ability to get a fair trial.
He gave prosecutors until 3 p.m. to propose a remedy.
Patton, who apologized repeatedly and sounded shaken, offered various explainations for asking the question, including forgetting to cross it off a list of questions she’d written this morning.
"I can’t believe I did it," she told the judge, later adding, "It’s me judge, it’s me."
After the courtroom cleared, Patton walked to an empty courtroom nearby and stood alone, looking dejected, leaning against the jury box.
Defense attorney Steve Greenberg asked for a mistrial with prejudice — meaning the case would be dismissed, saying prosecutors had "went right through the wall" of an order Burmila had issued two hours ago.
2:15 p.m. 'I can't hurt you'
In July 2002, Bolingbrook police officer Teresa Kernc went to Kathleen Savio’s home with another officer, who is now deceased, to take a report from Savio.
Kernc testified that she believed Savio’s two sons were living at the residence, but were at camp at the time.
"Yes, I knew who she was married to. She was married to the defendant," Kernc said from the witness stand.
2:55 p.m. Mistrial options
A judge has several options for declaring a mistrial. The case could be tossed completely, what is called mistrial with prejudice, or a mistrial without prejudice could be declared, which would allow the state to retry the defendant with a new jury, experts said. Throwing the case out completely is extremely rare, experts have said.
2:25 p.m. Another motion for mistrial
For the third time in as many weeks, the judge is considering mistrial in the Drew Peterson murder case. He has given prosecutors until 3 p.m. to come up with an appropriate response for their latest mishap.
The judge had ordered prosecutors not to make any mention of an order of protection during questioning of former Bolingbrook police officer Teresa Kernc because it’s too prejudicial to the jury and because Kathleen Savio never did obtain an order of protection against Peterson. Kernc was testifying about interviewing Savio after an alleged threat made against her by Peterson in 2002.
Just minutes into her questions, assistant state’s attorney Kathleen Patton asked Kernc if she suggested getting an order of protection to Savio. The question prompted an objection from the defense, and after the jury was escorted out of the courtroom, a strong rebuke from Judge Edward Burmila.
Burmila seemed incredulous, at times laughing in apparent frustration, after the misstep.
"You interjected order of protection into this case when I said don’t do that," he said. "There was only one thing I said you can’t go into and that’s exactly what you did."
Burmila said this would be the third time he would need to instruct the jury to disregard a prosecutor’s misstep and to do it a third time it may impact the state’s ability to get a fair trial.
He gave prosecutors until 3 p.m. to propose a remedy.
Patton, who apologized repeatedly and sounded shaken, offered various explainations for asking the question, including forgetting to cross it off a list of questions she’d written this morning.
"I can’t believe I did it," she told the judge, later adding, "It’s me judge, it’s me."
After the courtroom cleared, Patton walked to an empty courtroom nearby and stood alone, looking dejected, leaning against the jury box.
Defense attorney Steve Greenberg asked for a mistrial with prejudice — meaning the case would be dismissed, saying prosecutors had "went right through the wall" of an order Burmila had issued two hours ago.
2:15 p.m. 'I can't hurt you'
In July 2002, Bolingbrook police officer Teresa Kernc went to Kathleen Savio’s home with another officer, who is now deceased, to take a report from Savio.
Kernc testified that she believed Savio’s two sons were living at the residence, but were at camp at the time.
"Yes, I knew who she was married to. She was married to the defendant," Kernc said from the witness stand.