Drew Peterson's Trial *FIFTH WEEK* part one

[borndem]

In Session The jurors are back in the courtroom, and Brodsky continues his direct examination. “When you spoke to Stacy Peterson, the purpose of her call was to do what?” “She contacted our office to retain me as an attorney in a divorce proceeding.” “Did she eventually retain you?” “No.” “Why not?” The witness is hesitant to answer. The judge then calls the attorneys to a sidebar.

Ruth Ravve ‏@RuthRavve
#DrewPeterson Defense asks Smith why Stacy didn't ever hire him, Smith stumbles because he's not allowed to say Stacy disappeared


The Herald-News ‏@Joliet_HN
Brodsky asks Smith why Stacy never retained him to represent her in her divorce. Smith: Uh... #DrewPeterson

Stacy St. Clair ‏@StacyStClair
#drewpeterson atty asks Smith why Stacy didn't hire him after an Oct. 2007 call. Smith, clearly stunned, stammers and does not answer.

:what:

This questioning is so clearly unfair to this witness. He is trying to do what the judge has in no uncertain terms laid out for all parties, and now the DT is plainly grilling him -- are they trying to sabotage this trial or are they simply trying to make their own witness look like a babbling idiot??

Contemptible, IMO.

 

[Cubby]

I'm feeling that the jury will find DP guilty. The PT put out a better case than what Scott Peterson had and he got the death penalty! Justice for Kathleen!

I'm hoping he'll be found guilty, but I have to admit I will be very very surprised if he is. lease:

 

[Mama-cita]

I just noticed they didn't put anyone on to try to rebut Schori. They claimed they had something, but alas they lied!

 

[MrsPC]

I just noticed they didn't put anyone on to try to rebut Schori. They claimed they had something, but alas they lied!

I found an old article where apparently Drew had told his atty that Stacy "had a connection" with the pastor...

and yep, it was probably all smoke from DP.

http://articles.chicagotribune.com/...1_drew-peterson-stacy-peterson-kathleen-savio

Brodsky appeared Tuesday on MSNBC with host Dan Abrams and said he'd "heard rumors that there was some connection" between Stacy Peterson and Schori. Brodsky later said his client was the one who told him that.

 

[Livingthedream]

Now, if I am to look at it optimistically, if the jurors have kept good notes, they certainly must wonder why in the hell DP kept his receipts from the Shed aquarium and other places on the sunday/weekend before KS was found dead.

There is one reason and one reason only he did that. The fact the judge barred this testimony from the state is another reason one must look long and hard at Mr. Burmila.

NM: The jury was not allowed to hear about this critical evidence. I need some coffee to keep me going!

 

[MrsPC]

I'm very optimistic about the outcome of this trial. With the arrogance of the defense, all the circumstantial evidence provided by the prosecution, the pastor's testimony & finally Savio's letter...I believe he'll be found guilty....and I'm even wagering there will be a very very short deliberation.

edited to add --

The Prosecution just needs to really "hammer it home" in their closing that circumstantial evidence has to be looked at as a big picture and that the jurors need to look at everything together and see what the most *reasonable* conclusion is.

 

[Livingthedream]

The history of Glasgow and Burmilla: :notgood:

http://www.chicagotribune.com/news/...n-judge-burmila-0506-20120506,0,6077416.story

The two men have tangled a few times since. Burmila represented former state's attorney Judy DeVriendt, who was suspended by Glasgow in 1998 for her involvement in a case in which an infant was removed from his parent's custody and turned over to a U.S. Marine in South Carolina for a paternity test.

Glasgow initially defended the decision to remove the child but later changed course and blamed DeVriendt. Burmila called the move "classic Jim Glasgow scapegoatism," while Glasgow said Burmila was still sore about losing in 1992.

"This is a continuation of a personal vendetta by Ed Burmila against me," Glasgow said then.But judging by Glasgow's comments on Friday, all that is water under the bridge.

"We've got a judge who truly understands criminal law," Glasgow said. "We're going to get a nice, fair trial and we're anxious to have it start."

Peterson's lawyers also were pleased by Burmila's selection. "He has an excellent reputation as a fine judge and … somebody who's a straight shooter," said Peterson's attorney Joel Brodsky.

Attorneys for both sides may want to wear a White Sox hat during their closing arguments. Burmila can sometimes be heard discussing games or players while off the bench and enjoys kidding attorneys about their clients' baseball allegiance.

"If someone comes in wearing a White Sox shirt, he will say, let the record show that the defendant is properly attired," said Joliet attorney Chuck Bretz. "He's loosening things up a little bit."

 

[Livingthedream]

If one were to see the history of these two dating back two decades, HOW IN THE HELL did they appoint Burmilla to this trial?

I do not care what Glasgow says now. He only said the judge is fair because he did not want to continue to poke the tiger.

Just an outrageous choice for judge in this case knowing the animosity between the two.

 

[katydid23]

I was worried that the Defense team was going to bring on some doctors to testify that Kathleen had some kind of heart condition or vascular condition or seizure problems. But they did nothing like that. They left the jury with the second medical expert, who opened his testimony saying that only one in 1.7 million people die taking a bath. And the vast majority of those are children or drunk/high adults. In fact, only 15% of those 'bath' victims are sober healthy adults. So that would translate into a 1 in 15 million chance that a sober woman would die in the bathtub by falling and drowning.

Also their two medical experts had differing scenarios. The first guy, Jantsen, said she fell, with her feet flying up, hit her hip first, ' was stunned' and then hit her head and 'slipped under the water' and drowned. [ not that believable..] And the second guy, said she hit her head on the side of the tub after falling, then fell on her side and sustained the bruises. And the odd way she was found was pretty much pure chance.

Then I thought they were going to be able to impeach the pastor's testimony by showing he testified to something different earlier or that he had a intimate relationship with Stacy. but they did nothing to impeach his testimony.

So the jury knows that the drowning is a one in a 15 million chance, and they know that Stacy told her pastor that Drew was out somewhere that night, came home and did laundry, and told her to lie to the police about it. And they know that Drew broke the rules in her interview with LE, and sat right next to her, and fed her the 'correct' answers when she spoke about that night.

They also know that the 'homicide investigator' had NEVER investigated a homicide before. And they know that the initial people on scene 'decided' it was a suicide within an hour or so of arriving on the scene.

Thanks to the defense putting up their witnesses, the jury now understands that Drew collected a million bucks to use to raise his kids. And he no longer had to pay child support, split his pension, share the child custody, and he now owned the house free and clear. And he got rid of a potential witness to his earlier abuse.

Also, thanks to the DT, the jury heard that Stacy called a divorce attorney, and she had a conversation about knowing Drew killed Kathleen. And they know that Drew was nearby and seemed very interested in who she was talking to.

Also, they jury was told that Drew took a co-worker on a ride-a along and asked him to find a hitman to take care of his wife. I hope they know that the guy did not come forward himself, but he had told his wife years earlier. But I am not sure if he did or not.

But the most powerful piece of evidence, imo, was the haunting letter that Kathleen wrote to the DA. She said she tried to get help from the local cops but they never even wrote out police reports when she called them. And she told about the $ issues and his stinginess and his cruelty. And then she described his SWAT night. The judge read that letter out loud to the jurors. That was devastating to the DT imo.

I think there is plenty of evidence to show that Kathleen was killed by DP. JMO


I think the jury also knows that Stacy is missing. And they got to see what a coward that Drew is, by watching him putting his innocent boy on the stand to lie for him, when he himself declined to testify.

I think Drew is going down. :jail::jail::jail::jail::jail:

 

[SoBeCzar]

Having watched the CA trial I was not terribly shocked by that verdict. I think this trial is nothing like that one. The biggest debate here has been was there a murder or an accident. If the jury finds it was murder I think Drew will be found guilty. There has been plenty of testimony towards Drews actions to make one believe, despite the experts conflicting testimony, he killed Kathleen. I just hope the way the judge has so harshly ruled against the Prosecution time after time will not influence the jury to side with the defense. Who I might add has done a wonderful job of sinking their own ship. So much so that Drew may get an appeal on the grounds of incompetent council.

 

[Livingthedream]

Katy:

That post was very good. What you posted is what the jury SHOULD have in their notes. As many of us has said, they are going to have to use common sense to convict here.

Me= Must. Get. CA. Trial. Out. Of. My. Head.

 

[Livingthedream]

Glasgow is happy:

http://www.chicagotribune.com/news/local/ct-met-drew-peterson-trial-0830-20120830,0,6592618.story

Wednesday's stunning testimony came after Peterson attorney Joel Brodsky decided to call Savio's divorce attorney Harry Smith against the advice of other members of the defense team.

"It's a gift from God," State's Attorney James Glasgow was overheard saying outside the courtroom after Smith finished testifying.

Before defense attorneys called Smith to the stand, the judge warned them of the possible consequences and Peterson lawyer Steve Greenberg could be heard in the courthouse hallway urging Brodsky not to do it.

"I've filed 74 (expletive) motions to keep him out and now you're going to undo all of it," Greenberg said in a loud, exasperated voice. He later defended Brodsky's decision to reporters, saying the testimony showed Stacy Peterson would do anything to gain an advantage in a potential divorce.

 

[AngelWings444]

Glasgow is happy:

http://www.chicagotribune.com/news/local/ct-met-drew-peterson-trial-0830-20120830,0,6592618.story

Wednesday's stunning testimony came after Peterson attorney Joel Brodsky decided to call Savio's divorce attorney Harry Smith against the advice of other members of the defense team.

"It's a gift from God," State's Attorney James Glasgow was overheard saying outside the courtroom after Smith finished testifying.

Before defense attorneys called Smith to the stand, the judge warned them of the possible consequences and Peterson lawyer Steve Greenberg could be heard in the courthouse hallway urging Brodsky not to do it.

"I've filed 74 (expletive) motions to keep him out and now you're going to undo all of it," Greenberg said in a loud, exasperated voice. He later defended Brodsky's decision to reporters, saying the testimony showed Stacy Peterson would do anything to gain an advantage in a potential divorce.

A gift from Kathleen and Stacy.

 

[katydid23]

WOW. It WAS a gift from God:

As jurors intently took notes, Smith surprised defense attorneys by describing Stacy's query differently.

"She wanted to know if the fact that he killed Kathleen could be used against him," Smith testified, later adding that he had told Stacy to be careful and advised her she could be charged with a crime.

After Smith testified a second time that Stacy told him "Drew killed Kathleen," defense attorney Joseph Lopez called out "Joel!" and motioned Brodsky over to the defense table. Brodsky then dropped the line of questioning.

Under questioning from prosecutors, Smith testified that Stacy told him she thought Peterson was upset at her because he believed she'd told his son Thomas about his alleged murder of Savio.

Stacy also said she had so much dirt on Peterson from his police job that he wouldn't be able to do anything to her, Smith told jurors.

Peterson's voice was in the background during the call, Smith said.

"He called to her, asked her what she was doing and who she was talking to," Smith said.

Smith also testified that Stacy told him Peterson was tracking her cellphone via GPS and that she had gotten a new phone that he didn't know about.

 

[Ruby]

Jumping off of your post.....

During cross exam, could the prosecution been able to ask Smith,

"Was this the last time you talked to Stacy?" or something like that.

It is not bringing up anything about the disappearance, but may put a definite timing to her going missing. IMO, it would of been a good point to end the questioning.

WOW. It WAS a gift from God:

As jurors intently took notes, Smith surprised defense attorneys by describing Stacy's query differently.

"She wanted to know if the fact that he killed Kathleen could be used against him," Smith testified, later adding that he had told Stacy to be careful and advised her she could be charged with a crime.

After Smith testified a second time that Stacy told him "Drew killed Kathleen," defense attorney Joseph Lopez called out "Joel!" and motioned Brodsky over to the defense table. Brodsky then dropped the line of questioning.

Under questioning from prosecutors, Smith testified that Stacy told him she thought Peterson was upset at her because he believed she'd told his son Thomas about his alleged murder of Savio.

Stacy also said she had so much dirt on Peterson from his police job that he wouldn't be able to do anything to her, Smith told jurors.

Peterson's voice was in the background during the call, Smith said.

"He called to her, asked her what she was doing and who she was talking to," Smith said.

Smith also testified that Stacy told him Peterson was tracking her cellphone via GPS and that she had gotten a new phone that he didn't know about.

 

[Niner]

Day 1, Tuesday, July 31st - 1: Mary Pontarelli (neighbor of KS)
Defense asks for Mistrial re hitman comment in State's OS

Day 2, Wednesday, August 1st - 1: Thomas Pontarelli (neighbor of KS)
Defense asks for Mistrial (#2) re .38 bullet comment

Day 3, Thursday, August 2nd - 5: Louis Oleszkiewcz (EMT), Robert Akin (Locksmith), Michael Newton (BFD-in charge), Michael Johnson (BFD-paramedic),Timothy Berkeley (BFD/Paramedic). Note: Harry Smith, KS's attorney was called, but that was delayed.

Day 4, Friday, August 3rd - 1: Anna Doman (KS's sister)

Day 5, Tuesday, August 7th - 3: Michael VanOver (Dep. Coroner), Robert Deel (ISP Trooper), and James Coughlin (Lt. BPD). Note: Patrick Collins (Investigator) was bumped.

Day 6, Wedneday, August 8th - 2: Patrick Collins (Reitred ISP Sgt) and Kristin Anderson (classmate of KS)

Day 7, Thursday, August 9th - 1: Mary Parks (nursing school friend of KS)

Day 8, Friday, August 10th - 4: Steve Maniaci (boyfriend of KS), Susan Doman (KS's sister), Susan McCauley (girlfriend of DP) and Dominick DeFrancesco (KS neighbor)
Defense asks for Mistrial (#3) re prejudice on ??

Day 9, Tuesday, August 14th - 2: Christopher Long (Forensic Toxicologist) and Teresa Kernc (former Sgt BPD)
Defense asks for Mistrial (#4) re prejudice regarding Order of Protection mentioned

Day 10, Wednesday, August 15th - 2: Teresa Kernc (former Sgt BPD) and Dr. Larry Blum (Forensic pathologist)

Day 11, Thursday, August 16th - 1: Dr. Larry Blum

Day 12, Friday, August 17th - 4: Dr. Gene Neri (KS's Dr), Scott Rosetto (SP's friend) asked to leave stand, Joseph Steadmann (Ins. Adjuster) and Jennifer Schoon (Steve Peterson's girlfriend)

Day 13, Tuesday, August 21st - 1: Dr. mary Case (head trauma expert)

Day 14, Wednesday, August 22nd - 4: Jeffrey Pachter (Hitman), Bryan Falat (ISP Master Sgt), Dr. Vinod Motiani (KS's personal physican) and Nicholas Ponarelli (KS's neighbor)

Day 15, Thursday, August 23rd - 1: Pastor Neil Schori

Day 16, Friday, August 24th - 2: Ray Clark (Sprint Record custodian) and Brian hafner (Lt BPD); Stipulation on Cassandra Cates testimony.

Prosecutors rest

Day 17, Monday, August 27th - 6: Mary Ponarelli (neighbor), Bryan Falat (ISP Master Sgt), Joseph Steadmann (Ins Adj.), Joseph Basile (FBI Spcl Agent-Chicago Office), Bob Sud (BPD) and Darrin Devine (ISP Spcl Agent)
no: Harry Smith (yet!) or Thomas Peterson...

Day 18, Tuesday, August 28th - 4: Dr. Jeffrey Jentzen (Forensic Pathologist), Dr. Vincent DiMaio (Forensic Pathologist), Robin Queen (ISP Special Agent), and Bridget Bertrand (ISP Captain).

Day 19, Wednesday, August 29th - 4: Patrick Collins (ISP Sgt), Eileen Payona ( ISP Officer-Investigative Unit), Harry Smith (KS's divorce attorney) and Thomas Drew Peterson (KS & DP's son)

Defense rests

Through 5 weeks of trial: Prosecutors: 35 witnesses // Defense: 14 witnesses // Mistrial Requests: 4

 

[Kimster]

Day 1, Tuesday, July 31st - 1: Mary Pontarelli (neighbor of KS)
Defense asks for Mistrial re hitman comment in State's OS

Day 2, Wednesday, August 1st - 1: Thomas Pontarelli (neighbor of KS)
Defense asks for Mistrial (#2) re .38 bullet comment

Day 3, Thursday, August 2nd - 5: Louis Oleszkiewcz (EMT), Robert Akin (Locksmith), Michael Newton (BFD-in charge), Michael Johnson (BFD-paramedic),Timothy Berkeley (BFD/Paramedic). Note: Harry Smith, KS's attorney was called, but that was delayed.

Day 4, Friday, August 3rd - 1: Anna Doman (KS's sister)

Day 5, Tuesday, August 7th - 3: Michael VanOver (Dep. Coroner), Robert Deel (ISP Trooper), and James Coughlin (Lt. BPD). Note: Patrick Collins (Investigator) was bumped.

Day 6, Wedneday, August 8th - 2: Patrick Collins (Reitred ISP Sgt) and Kristin Anderson (classmate of KS)

Day 7, Thursday, August 9th - 1: Mary Parks (nursing school friend of KS)

Day 8, Friday, August 10th - 4: Steve Maniaci (boyfriend of KS), Susan Doman (KS's sister), Susan McCauley (girlfriend of DP) and Dominick DeFrancesco (KS neighbor)
Defense asks for Mistrial (#3) re prejudice on ??

Day 9, Tuesday, August 14th - 2: Christopher Long (Forensic Toxicologist) and Teresa Kernc (former Sgt BPD)
Defense asks for Mistrial (#4) re prejudice regarding Order of Protection mentioned

Day 10, Wednesday, August 15th - 2: Teresa Kernc (former Sgt BPD) and Dr. Larry Blum (Forensic pathologist)

Day 11, Thursday, August 16th - 1: Dr. Larry Blum

Day 12, Friday, August 17th - 4: Dr. Gene Neri (KS's Dr), Scott Rosetto (SP's friend) asked to leave stand, Joseph Steadmann (Ins. Adjuster) and Jennifer Schoon (Steve Peterson's girlfriend)

Day 13, Tuesday, August 21st - 1: Dr. mary Case (head trauma expert)

Day 14, Wednesday, August 22nd - 4: Jeffrey Pachter (Hitman), Bryan Falat (ISP Master Sgt), Dr. Vinod Motiani (KS's personal physican) and Nicholas Ponarelli (KS's neighbor)

Day 15, Thursday, August 23rd - 1: Pastor Neil Schori

Day 16, Friday, August 24th - 2: Ray Clark (Sprint Record custodian) and Brian hafner (Lt BPD); Stipulation on Cassandra Cates testimony.

Prosecutors rest

Day 17, Monday, August 27th - 6: Mary Ponarelli (neighbor), Bryan Falat (ISP Master Sgt), Joseph Steadmann (Ins Adj.), Joseph Basile (FBI Spcl Agent-Chicago Office), Bob Sud (BPD) and Darrin Devine (ISP Spcl Agent)
no: Harry Smith (yet!) or Thomas Peterson...

Day 18, Tuesday, August 28th - 4: Dr. Jeffrey Jentzen (Forensic Pathologist), Dr. Vincent DiMaio (Forensic Pathologist), Robin Queen (ISP Special Agent), and Bridget Bertrand (ISP Captain).

Day 19, Wednesday, August 29th - 4: Patrick Collins (ISP Sgt), Eileen Payona ( ISP Officer-Investigative Unit), Harry Smith (KS's divorce attorney) and Thomas Drew Peterson (KS & DP's son)

Defense rests

Through 5 weeks of trial: Prosecutors: 35 witnesses // Defense: 14 witnesses // Mistrial Requests: 4

:goodpost:

I am going to save this somewhere! :tyou:

 

[Angelonline]

Personally I am very pleased with this defense team, they put on an excellent case for the prosecution!

Now if the jurors just have common sense, we should be okay. Though the matching clothing and sports jerseys do have me somewhat worried, I am praying daily that this is not a Pinellas 12 or a runaway jury.

Justice for Kathleen!!

 

[Niner]

1st Week

Tuesday, July 31st - Prosecutors: 1 /
Jurors out - 1

Wednesday, August 1st - Defense: 1 / Prosecutors: 1 // Total: 2
Jurors out - 2

Thursday, August 2nd - Defense: 1 / Judge: 1 // Total: 2
Jurors out - 7

Friday, August 3rd - Defense: 1 / Prosecutors: 1 // Total: 2
Jurors out - 3

1st Week Total: 7

Defense: 3 / Prosecutors: 3 / Judge: 1
Jurors out: 13

***

2nd Week

Tuesday, August 7th - Defense: 7 / Prosecutors: 1 / Judge: 4 // Total: 12
Jurors out - 6

Wednesday, August 8th - Defense: 3 / Prosecutors: 8 / Judge: 3 // Total: 14
Jurors out - 6

Thursday, August 9th - Defense: 4 / Prosecutors: 2 // Total: 6
Jurors out - 4

Friday, August 10th - Defense: 16 / Prosecutors: 7 / Judge: 2 // Total: 25
Jurors out - 9

2nd Week Total: 57
Jurors out: 25

Total Sidebars thru 2nd Week: 64

Defense: 33 / Prosecutors: 21 / Judge: 10
Pop-Tart Jurors: 38

***

3rd Week:

Tuesday, August 14th: Defense - 2 / Prosecutors - 1 / Judge - 1 // Total = 4
Jurors out: 5

Wednesday, August 15th: Defense - 7 / Prosecutors - 2 / Judge - 4 // Total = 13
Jurors out: 8

Thursday, August 16th: Defense - 5 / Prosecutors - 8 / Judge - 5 // Total = 18
Pop-tart Jurors: 8 (this is a correction!)

Friday, August 17th: Defense - 4 / Prosecutors - 2 / Judge - 6 // Total = 12
Pop-tart Jurors: 5 (ditto, correction)

3rd Week Total: 47
Jurors out: 26

Total Sidesbars thru Week 3 = 111

Defense - 51 / Prosecutors - 34 / Judge - 26
Pop-Tart Jurors: 64

***

4th Week

Tuesday, August 21st: Defense - 8 / Prosecutors - 2 / Judge - 3 // Total = 13
Pop-Tart Jurors: 5

Wednesday, August 22nd: Defense - 6 / Prosecutors - 2 / Judge - 3 // Total = 11
Pop-Tart Jurors: 4

Thursday, August 23rd: Defense - 2 / Prosecutors - 1 / Judge - 2 // Total = 5
Pop-Tart Jurors: 2

Friday, August 24th: Defense - 0 (!!) / Prosecutors - 4 / Judge - 2 // Total = 6
Pop-Tart Jurors: 2

Total for 4th Week: 35
Jurors out: 13

Total Sidebars thru Week 4 = 146

Defense - 67 / Prosecutors - 43 / Judge - 36
Pop-Tart Jurors out: 77 times

***

Week 5:
Monday, August 27th: Defense - 4 / Prosecutors - 6 / Judge - 4 // Total: 14
Jurors out: 5 times

Tuesday, August 28th: Defense - 5 / Prosecutors - 5 / Judge - 3 // Total: 13
Jurors out: 7 times

Wednesday, August 29th: Defense - 5 / Prosecutors - 6 / Judge - 5 // Total: 16
Jurors out: 7 times

Grand total for trial: 189 Sidebars
Defense - 81 / Prosecutors - 60 / Judge - 48
Pop-tart Jurors out 96 times

Defense wins on sidebars!! :fence:

 

[katydid23]

Jumping off of your post.....

During cross exam, could the prosecution been able to ask Smith,

"Was this the last time you talked to Stacy?" or something like that.

It is not bringing up anything about the disappearance, but may put a definite timing to her going missing. IMO, it would of been a good point to end the questioning.

I wish they could have said something like that. I think the prosecutors were really scared to say anything to upset the judge again. they were too close to a mistrial a few times.