Peterson lawyers seek to bar autopsy testimony

Leila

Active Member
Joined
Apr 28, 2005
Messages
12,378
Reaction score
28
There will be a hearing on Friday, July 2, to determine if Dr. Michael Baden will be allow to testify.


Peterson lawyers seek to bar autopsy testimony

By the CNN Wire Staff
July 1, 2010 7:02 p.m. EDT

STORY HIGHLIGHTS

  • Lawyers say examiner's testimony "irretrievably compromised"
  • Savio's family requested private autopsy after exhumation
  • Peterson has pleaded not guilty to first-degree murder
  • His fourth wife's disappearance remains unsolved


(CNN) -- An Illinois judge Friday will hear defense requests to bar the testimony of a medical examiner who conducted an autopsy on the wife of former police officer Drew Peterson, who is accused of killing her.


More at link...................


http://www.cnn.com/2010/CRIME/07/01/us.peterson.hearing/index.html?section=cnn_latest
 
So, somebody with legal knowledge, reassure me that this won't be a happening thing....... (please)........

(the autopsy being barred from the trial that is....)
 
Joel Brodsky is trying to get the autopsy done by Dr. Baden thrown out and also trying to have Dr. Baden not allowed to testify for the prosecution.

Joel Brodsky says the autopsy can't be taken seriously because a Fox News producer, Steph Watts, was allowed in the autopsy room and took video and notes on the autopsy. JB is trying to present a case where the autopsy was done as a media event.

Steph Watts has been subpoenaed and he says he only took less than 5 minutes footage of Dr. Baden, didn't take any footage of the remains out of respect for the family. He says he never touched the body, but evidently when Dr. Baden testified at the pre-trial hearing in January, he said something about Steph Watts moving the body, although it's vague.

In an interview with Greta Van Susteran right after Dr. Baden did the autopsy, he stated that there were 5 officers of the Illinois State Police, a coroner, an administrative coroner, Steph Watts and himself in the autopsy room. He said one of the state troopers was taking pictures and another one taking notes. I would presume that the troopers were there documenting the autopsy and gathering evidence for the state. The other troopers were witnesses.

I can't see a television producer like Steph Watts taking medical dictation for a medical examiner. Usually the medical examiner uses a recorder and dictates into a microphone, and later reviews the recording to write the autopsy report. They don't rely on a person taking dictation, and certainly not someone who has no knowledge of medical terms. I think Steph Watts was only making notes for Fox News.......background material to be used by Greta and others when they interviewed Dr. Baden on Greta's program. And with 5 officers of the ISP and two other coroners present, I expect that everything was done according to the book.

Dr. Baden actually performed the third autopsy, as requested by the Savio family. The official second autopsy was done by Dr. Blum, a coroner from a county outside Will County who was asked to do it. So it will be Dr. Blum's autopsy report that's used in the trial. But, Dr. Baden is on the prosecution's witness list as having performed the third autopsy for the family. Dr. Baden is well known and well respected and because of his standing in the medical field, his testimony is expected to carry some weight.

The defense has demanded that Fox News turn the video of the autopsy over to the defense team, but Fox News evidently doesn't have the video.

This earlier article probably explains the situation better. It will certainly be interesting to hear what happens in court today!

http://www.chicagobreakingnews.com/2010/06/petersons-defense-questions-fox-news-autopsy.html
 
Jul 2, 2010 5:26 pm US/Central
Judge: Pathologist Can Testify In Peterson Trial

JOLIET, Ill. (Sun-Times Media Wire) ―A celebrity pathologist who concluded Kathleen Savio was murdered in her bathtub can testify at Drew Peterson's upcoming murder trial, a Will County judge ruled Friday.

More at link.................

http://cbs2chicago.com/local/drew.peterson.case.2.1785923.html

But there's more too. After a June 24th State Supreme Court decision, the prosecution in the Peterson case has asked the judge to allow more hearsay testimony at the trial which is expected to begin on July 8th.

Peterson prosecutors hope judge will allow more hearsay testimony

State Supreme Court ruling could affect murder trial

By Stacy St. Clair, Tribune reporter
9:01 PM CDT, July 2, 2010



Will County prosecutors have asked a judge to reconsider his ban on several hearsay statements that they believe will help convict Drew Peterson of his third wife's murder.

The request comes on the heels of a June 24 Illinois Supreme Court ruling that upheld the conviction of Eric Hanson, a Naperville man sentenced to death for the 2005 slaying of his parents, sister and brother-in-law. The court unanimously rejected Hanson's position that hearsay statements are not reliable enough to be allowed under common-law doctrine.

State's Attorney James Glasgow, who is leading the Peterson prosecution, recently worked with state legislators to pass a law allowing some forms of hearsay at trial. The statute has been nicknamed Drew's Law.

http://www.wgnradio.com/news/top/peterson-hearsay-appeal-20100702,0,2965357.story?track=rss
 

Members online

Online statistics

Members online
178
Guests online
1,578
Total visitors
1,756

Forum statistics

Threads
589,984
Messages
17,928,691
Members
228,033
Latest member
okaydandy
Back
Top