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Prosecutor Confident Drew Peterson Trial Will Resume Thursday

Drew Peterson's defense moved for a mistrial Wednesday morning after Kathleen Savio's neighbor testified Peterson tried to intimidate him by putting a bullet in his driveway.

 

Updated: 5:30 p.m. 

State's Atty. James Glasgow told the Tribune Thursday he did not believe there would be a mistrial.

"It's a complicated case," he told the Tribune. "We're confident the trial will resume tomorrow." 

Updated: 2:18 p.m. 

Defense attorney Joel Brodsky asked for and was granted a temporary adjournment until Thursday morning. The defense wants to explore its options. They can have all or some of Thomas Pontarelli's testimony or continue to pursue a mistrial.

Updated: 1:31 p.m. 

Burmila has suggested striking all of Thomas Pontarelli's testimony instead of a mistrial. The defense team is in a conference room talking this option over.

Updated 11:54 a.m. 

Judge Edward Burmila slammed prosecutors saying he will decide at 1:15 p.m. if the case will end in a mistrial. 

Peterson's defense is arguing behind closed doors that if there's a mistrial, double jeopardy applies and Peterson must be freed.

The judge could also rule a "mistrial without prejudice," which would allow prosecution to retry the case if they want. 

Update 11:30 a.m. 

Attorneys are in the judge's chambers arguing again whether to declare a mistrial.

Neighbor Thomas Pontarelli testified he found a .38-caliber bullet in
his driveway. He said Drew Peterson put it in his driveway to intimidate him.

Defense attorney Steve Greenberg called for a mistrial.

Prosecutor Kathleen Patton conceded that she can't prove Peterson put it there.

"You're not going to be able to tie it to the defendant," said Judge Edward Burmila before storming off the bench and ordering the  attorneys from both sides to follow him out for a conference.

It's the second time in two days the defense has moved for a mistrial. On Tuesday, it looked like there was nearly a mistrial after Will County State's Attorney James Glasgow brought up the co-worker Drew Peterson allegedly offered $25,000 to orchestrate a hit on his third wife Kathleen Savio.

Glasgow failed to disclose to the defense he was going to use that evidence. This was a big part of the prosecution's case and they now can't use it at trial. Peterson's defense team moved for a mistrial.

There was a long argument, but the judge denied the motion. Prosecutors will still be hampered going forward.

Update 10:30 a.m.

The first witness called today was Kathleen Savio's next-door neighbor Thomas Pontarelli. Pontarelli's wife, Mary Pontarelli, testified yesterday.

Thomas Pontarelli said Drew Peterson told him "any friend of Savio's is an
enemy of mine" when he caught him helping her move things in 2002.

Thomas Pontarelli said Peterson also questioned him about changing the
locks on Savio's front door.

Thomas Pontarelli also said the tub Savio was found in was "clean, pristine. There was no ring. No soap scum." 

After finding Savio's body, Peterson made a phone call and told someone he would be suspected of killing her, Pontarelli said.

Orginal post

As the second day of testimony in the Drew Peterson murder trial was set to begin Wednesday, Peterson's attorney Joel Brodsky said the accused wife-killer is sleeping soundly in jail now that his murder trial has started.

"He got a solid 10 hours sleep," Brodsky said, also noting Peterson "was very confident at the end" of Tuesday's session.

Brodsky also continued to disparage Peterson's dead third wife, Kathleen Savio, saying she was "someone who never took no for an answer."

Despite Peterson's supposed confidence, he was aware the rest of his life hangs in the balance during his murder trial, Brodsky said.

"He knows that this is probably the most important event in his entire life," he said.

Check out our Storify feature to see what people are saying about the Drew Peterson trial around the web. 

Read More: Drew Peterson Coverage on Patch

Related Topics: Drew Peterson

Mike

9:17 am on Wednesday, August 1, 2012

In addition to his sleeping habits, I'm sure the public is dying to know about his eating and bowel movement habits, as well.

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Francis M. Regan

11:27 am on Wednesday, August 1, 2012

Another stupid move by the prosecution, Duh!

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Francis M. Regan

12:11 pm on Wednesday, August 1, 2012

Now this witness could be considered unreliable and what happens to the States other witnesses? Unreliable too?

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Ken

12:16 pm on Wednesday, August 1, 2012

It's up to the jury to decide the reliability of the witnesses.

Francis M. Regan

12:20 pm on Wednesday, August 1, 2012

And it's going to put doubt in their minds now ,do to the Prosecutors two screw ups so far! It's going to make the jurors think they are grasping at straws.

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Francis M. Regan

12:23 pm on Wednesday, August 1, 2012

Anyone could have put the bullet on the driveway! Who in the hell on any Police Dept. uses a .38 cal any longer?

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Watchful Eye

6:30 pm on Wednesday, August 1, 2012

Umm, it was over 8 years ago. You need to lay down and rest. You are so bonkers, you can't even blog straight. Get over yourself dude.

Amber

12:24 pm on Wednesday, August 1, 2012

This whole trial is a damn joke! Do the majority of the people think he is guilty? YES! But they have to prove it and they won't be able to prove it! Glasgow is a clown!

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Francis M. Regan

12:28 pm on Wednesday, August 1, 2012

I write comments here on how I feel as that's my choice . Did Drew do something, sure looks like it, but where's the proof. If they have the proof let the jury decide guilt, if they don't, let the jury decide not guilty.

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Ann West

5:53 pm on Wednesday, August 1, 2012

Francis Regan......Are you still trying to convince people that Drew is not guilty? Sounds like you know he is guilty. Stop trying to convince others he's not. This animal will go to jail.

Lillie

1:00 pm on Wednesday, August 1, 2012

Maybe Drew and Casey Anthony should get together....

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Julie J

1:02 pm on Wednesday, August 1, 2012

Sloppy work by the Will County group . . . again.

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Jessie Kaufman

1:23 pm on Wednesday, August 1, 2012

He could call a mistrial without prejudice if I'm not mistaken. Which would mean he could be retried.

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Stormin Norman

1:32 pm on Wednesday, August 1, 2012

I watched the movie "My Cousin Vinny" years ago and Marisa Tomei's character informed Joe Pesci's character that both sides need to disclose all witnesses, evidence, etc. to each other...there can be no "surprises." I guess anyone who watched the movie "My Cousin Vinny" could prosecute this case better than these prosecutors! I have a feeling that these mistakes are going to set the scumbag free.

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shawn

1:35 pm on Wednesday, August 1, 2012

Great ... He is one of theirs and they are protecting their own... A mistrial... Imagine that.

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Watchful Eye

1:49 pm on Wednesday, August 1, 2012

Wouldn't it be "great" if Pontarelli still had that bullet and it matched up to one of Peterson's. Just dreaming......

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Dana Kristy

10:40 pm on Wednesday, August 1, 2012

You're not the only one who's wishing for that.

Francis M. Regan

1:52 pm on Wednesday, August 1, 2012

Can't match up the bullet, unless it was fired and there's a firing pin mark on the casing primire. Just a plain old .38 cal bullet could have came from anyone.

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Francis M. Regan

1:56 pm on Wednesday, August 1, 2012

The Prosecution should use the theme song "climb every mountain" , because they have a high one to climb if they want to get a comviction!!!

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Watchful Eye

2:00 pm on Wednesday, August 1, 2012

The defense doesn't have a clue what they should do. If this is declared a mistrial without prejudice, they start all over. Is that such a good thing for Peterson? Who knows. Maybe the State will come back even stronger. They did file a motion to have the hitman testimony heard, so that is still up in the air. A hitman? That's pretty damning.

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Francis M. Regan

2:12 pm on Wednesday, August 1, 2012

Go Glasgow! Watching CLTV and a legal expert says the trial doesn't look too good. If Pontarelli testimony is stricken, the credibility could not be good thing for other witness testimony either. Come back stronger? With what? Fabricated evidence. The expert also now said the case is probably a lot thinner than we think.

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Watchful Eye

2:16 pm on Wednesday, August 1, 2012

Ha, and you think anything that comes from Peterson's team is credible? Did you see Brodsky shut his big mouth this morning, after taking all the heat he has about calling Kathleen Savio a mad woman and a mental case? You think the jury doesn't hear or see this stuff, since they're not sequestered? Come on. Let's come back down to Planet Earth and see the real picture.

Francis M. Regan

2:21 pm on Wednesday, August 1, 2012

This wasn't Drews team! It's from a CLTV legal expert. it's done all the time in cases, where the victims credibility is attacked.

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Watchful Eye

2:39 pm on Wednesday, August 1, 2012

Anyone who thinks this was going to be a slam dunk for the prosecution is dreaming. It can be argued that the murder defendant intentionally mucked up the death scene so any evidence was garbage evidence. The only way to nail this man is to do it with circumstantial evidence. Maybe it will win the day, maybe it won't. But, just as it isn't a slam dunk for the prosecution, it isn't going to be a cake walk for the defense either. If the defense wants to take their chances and start all over, so be it. If they want to move forward and try to use their (ah hem) skills to win over the jury, then so be it. You can rest assured, the hitman testimony won't be omitted in the new trial. So, bring it on, I say.

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Watchful Eye

2:43 pm on Wednesday, August 1, 2012

ne more note, has ANYONE ever heard a defense attorney admit their client, or any defendant, belongs in jail, or should be convicted? Of course not. It's their job to get a defendant off, whether they are guilty or not. It's their job to use any means necessary, i.e., bad collection of evidence, no eyewitnesses, etc., to do it. So, this murder defendant is no different than any other one being defended by defense attorneys. Whether he is convicted or not, their lives go on. Just bring on their next client.

I wouldn't fight for this guy. He's a waste of time.

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Watchful Eye

2:57 pm on Wednesday, August 1, 2012

...I guess I mean to say, there isn't a murderer, rapist or drug dealer around that should be sitting in jail in the eyes of a defense lawyer. They have rights, damn it. The rights they have are to stay out of jail and continue to bash heads in, push drugs and murder people. It's their friggin' Constitutional right!

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Francis M. Regan

3:11 pm on Wednesday, August 1, 2012

If there's a mistrial, it will he the same judge and he will still deny the same evidence that was not admitted in the first trial.

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Watchful Eye

3:26 pm on Wednesday, August 1, 2012

Oh yeah, the same judge? You know that how? Why wouldn't the prosecution motion for a different judge? I guess you have information the rest of us don't.

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Watchful Eye

4:14 pm on Wednesday, August 1, 2012

Why wouldn't the prosecution ask for a new judge, in that case? This judge is not ruling in their favor, so why would they want to retain the same one? Just asking....

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Dana Kristy

10:48 pm on Wednesday, August 1, 2012

I can't seem to forget that this Judge lost the election to Glasgow. Everytime he rules against him, I wonder how much that has to do with his decision.

Jim T. Cassidy

3:25 pm on Wednesday, August 1, 2012

Hang in there Drewie ! We all miss you and are behind you 110 %. We know you didn't have nothing to do with those 2 dead broads. Stay strong !

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Francis M. Regan

4:06 pm on Wednesday, August 1, 2012

A lot if mistrials have used the same judge.

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Watchful Eye

4:12 pm on Wednesday, August 1, 2012

Okay, name a few. Or one. I'd be interested in seeing that.

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Paul

4:25 pm on Wednesday, August 1, 2012

Mistrials always stay in front of same Judge. State has very limited right to remove a Judge. This is an individuals right by statute. I think Drew used up his substitution rights early in the case. If hitman was a disclosure issue a new trial could revive the State's right to give a proper notice. Obviously, the Court advised the Defense that this will a mistrial without prejudice which gives State a retrial.

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Francis M. Regan

4:26 pm on Wednesday, August 1, 2012

Are you from Missouri? The show me State. Everything with you is show me. Do you ever watch Dateline or 48 hours where there was a murder trial and then a mistrial and then there's a retrial with the same judge.

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Francis M. Regan

4:28 pm on Wednesday, August 1, 2012

Paul watchful eye is the legal expert , he knows it all.

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Watchful Eye

4:48 pm on Wednesday, August 1, 2012

Shove it. You put a comment out there, then you get all hissy when someone asks you for a further explanation. Why does Patch continue to put up with your baiting and your nonsense.

Take it - the floor's all yours.

Francis M. Regan

4:41 pm on Wednesday, August 1, 2012

Elden it's was one more reason they had Drews law passed, because they had crap as evidence.

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Tony

4:53 pm on Wednesday, August 1, 2012

The hitman stuff is just hearsay and there is no proof of that either. I know a lot of people who have went through tough divorces and mentioned at times it would be cheaper to have him or her killed rather then give all the money to a divorce lawyer.

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Francis M. Regan

4:56 pm on Wednesday, August 1, 2012

Now if the jury doesn't have doubt in their mind due to incompetence by the Prosecution this trial is a farse.

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Ann West

5:57 pm on Wednesday, August 1, 2012

Francis Regan....Are you still posting? You are all over every Drew P. update. Are you still trying to convince people he is not guilty. By reading some of your post.....sounds like you know he is guilty.

Francis M. Regan

4:58 pm on Wednesday, August 1, 2012

Only a fool gets baited and ruffled. Pffft what? You have gas. I also gave you an explanation as well as Paul did. "You can't handle the truth"

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Ann West

6:17 pm on Wednesday, August 1, 2012

Francis Regan.....You can't handle the truth"??? Really? Sounds like you can't handle the truth. Drew is hiding a lot of stuff that he has done. I hope he gets the full 60yrs...for what he did.

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Watchful Eye

6:36 pm on Wednesday, August 1, 2012

Ah, but the judge is doing all he can to keep out anything that might hurt him. No video of him, the judge said, because they make him look "cold-hearted;" no bath tub allowed in court, no hitman testimony; no testimony about him making a hole in the garage to get into the house, because the kind judge said it was his house too. Most people get into a house through the door. I guess if you're subhuman, you do it Peterson's way. This judge's ruling are so cockeyed and convoluted, he might as well hand him over the keys. If he's going to let losing a previous election to Glasgow cloud his judgment (and why anyone would assign this case to this judge with the bad blood there is between him and Glasgow), then that flies in the face of justice.

Let the case be tried on its merits, not repeated rulings that take away any iota of circumstantial evidence. I'm disgusted. No wonder Will County is so messed up. They've all got big heads.

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Francis M. Regan

7:29 pm on Wednesday, August 1, 2012

The Judge is doing the right thing and is doing everything based on lawful rulings. If the prosecution can't stand the heat , get out of the kitchen.

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henry

7:40 pm on Wednesday, August 1, 2012

wow all these experts here .cant belive you all are not at the trial at the benchs on each side . much more intresting than watching the SA screw up every day.
he will win because they tried him for his missing wife not his dead x-wife

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Joan Rutherford

8:07 pm on Wednesday, August 1, 2012

Watchful Eye is a voice of reason and Francis you need a government class. The state of Illinois passed a law that is helpful in this case because it was NEEDED. Do you really think it was done just to help Glasgow convict Peterson? Why do you think the Supreme Court upheld that law? Again, just to help Glasgow? 16 other states have since adopted similar laws. To help Glasgow? Wow he is a powerful guy, ugh? Do you know how a bill becomes law? You don't seem to care and Burmilla doesn't either. It does, based on his completely absurd pro-defense rulings, look like he hasn't gotten over Glasgow taking his job doesn't it? Why are the judge and the defense team so afraid of the plain and simple truth? Tell the story and let the jury decide. I have faith those 12 reasonable adults will review it all and put Peterson where he belongs, prison for 60 years. It is not the prosecution trying to get out of the heat in the kitchen, it's the defense.

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Watchful Eye

8:27 pm on Wednesday, August 1, 2012

The hearsay statements that are supposedly going to be allowed in for this trial do not fall under the recently passed Illinois hearsay law, they're based on the Rules of Procedure that have been in effect for years and years. Rule 803, Exceptions to the Rule against Hearsay. I've quoted that here so many times, you'd think it would have sunk in by now. I see not. It's used quite often, as a matter of fact, in mobster trials, where an informant is murdered to keep the witness from testifying.

Oh well, try to be informative, see what you get? Lies, b.s., innuendo, nonsense.

Hey, my life will go on just fine, thank you very much, whether Peterson is acquitted or convicted. I don't spit and spew repeatedly making comments that have no basis. I take the time to post comments that are valid and on point, and that I can back up with online information and content. I see that I am in the wrong place for that. Childish babble and muck, which then turns into personal attacks, is what I am seeing here. Disgusting.

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Watchful Eye

8:33 pm on Wednesday, August 1, 2012

Thanks, JR, but try to be a voice of reason here, especially when Frankie is around to make trouble with his baiting and b.s., is getting old.

I absolutely have no problem with someone having a different opinion, but making up lies and taking personal jabs at people here is pathetic. It just shows that the ones doing it have nothing but mean-spirted intentions. In fact, they'd get along fine, I'd think, with the murder defendant. He uses 'em and abuses 'em.

Francis M. Regan

8:35 pm on Wednesday, August 1, 2012

Just like you said Joan the State had Drews law passed to help in the case, because their case was weak. If Drew was never arrested no law would have been passed or ever in the works. With Drews law the Prosecution broadened their scope to get just about any hearsay in court that other wise would have been shot down without the law.

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Watchful Eye

8:37 pm on Wednesday, August 1, 2012

Which statements that are coming in are based on the recently passed Illinois hearsay law? Last I heard, they were ruled admissible by the Appellate Court based on Rule 803. Do you know what Rule 803 is?

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Watchful Eye

8:38 pm on Wednesday, August 1, 2012

I feel sorry for you, Frankie. You're all dressed up and got no where to go.

Francis M. Regan

8:38 pm on Wednesday, August 1, 2012

Joan do you bother to watch TV when they have law experts on. Go Glasgow! On CLTV they had a legal expert on and he said the case at best is weak. If Pontarelli testimony is stricken, the credibility could not be a good thing for other witness testimony either. Plus the expert said its the prosecutions case to lose.

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Francis M. Regan

8:40 pm on Wednesday, August 1, 2012

I dont care about rule 803. If they had it they wouldnt have needed to pass Drews law to help with further hearsay.

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Watchful Eye

8:44 pm on Wednesday, August 1, 2012

Good answer, Frankie. You don't care about Rule 803, because you are completely misinformed, and you don't know what you're talking about.

The next time you watch a defense attorney and he slips up and speaks in favor of the prosecution, be sure and throw a shoe at the tv, would ya?

Watchful Eye

8:49 pm on Wednesday, August 1, 2012

That "legal expert" you are so proud of and are praising is Sam Amirante, the lawyer who defended John Gacy. Did you really think he was going to speak fondly of the prosecutors and and come out in support of them?

Haaaaaaaaaaaaaaaaaaaaaaaaaaaa.

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Ann West

11:01 pm on Wednesday, August 1, 2012

Watchful Eye........I totally agree with all your post. Francis has been defending Drew P. on all the articles here. He/She will go nuts when he is convicted.

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Plainfield Resident

7:33 am on Friday, August 3, 2012

Let me educate you first and foremost: DEFINITION: damned   /dæmd/ Show Spelled [damd] Show IPA adjective, superlative damned·est, damnd·est, noun, adverb
adjective
1. condemned or doomed, especially to eternal punishment: the wailing of damned souls.
2. detestable; loathsome: Get that damned dog out of here!
3. complete; absolute; utter: a damned nuisance; a damned fool.
4. Informal . extraordinary; amazing: It was the damnedest thing I'd ever seen.
See the word/spelling of an 'actual word' DAMNDEST???? Who is still in elementary/grammar school??? You obviously have no education or very little at that, AND too much time on your hands.....clearly you have commented on just about every comment w/in this article. Do me a favor, enroll in classes for higher education. Good Day to you.....wish you well.

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Plainfield Resident

7:36 am on Friday, August 3, 2012

PS It's Hear Hear (as in your hearing via ears) NOT here here as in I'm Here.
Education perhaps??? Consider it!

Francis M. Regan

8:57 pm on Wednesday, August 1, 2012

Wrong. Legal expert Terry Sulivan for WGN.

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Ladduering

10:57 pm on Wednesday, August 1, 2012

Time to throw in the towel Jim, you're finished. There is no way anyone in this County in their right mind can re-elect you after this screw up. It's all over the news, you are described as an idiot!

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S Dian

11:46 pm on Wednesday, August 1, 2012

Mr. Glasgow, you and your group had better step it up, and immediately. These issues should be law 101, and if you can't figure it out then give it to someone who can. You're going to have a lot of explaining to do if the errors and sloppy work continue, and if you screw up and let a serial murderer out on the streets you can kiss your career good-bye! Your office has had sufficient time to get this right, so get it in gear and make a case that sticks! Stop giving those loser lawyers of Drewpy anything to use to request a mistrial. You know they are going to be looking for any tiny detail so they won't actually have to try to defend this scumbag.

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Plainfield Resident

9:15 am on Thursday, August 2, 2012

.....though they have no hard evidence and are trying their damndest to get him on hearsay, I believe he is going to go free and end up a millionaire with one heck of a lawsuit against everyone and anyone under the judicial system!

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Francis M. Regan

9:18 am on Thursday, August 2, 2012

If there is a mistrial , good luck in finding a new jury that isn't tainted or biased. Send the trial to Europe then.

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Ladduering

10:07 pm on Thursday, August 2, 2012

If Drew Peterson is indeed guilty yes he deserves the approproate punishment, Now lets not forget innocent until proven guilty. Where is the factual evidence that he killed Kathleen? Who knows? Kathleen could have taken a tranquillizer decided to take a bath or shower and slipped and fell in the bathtub? Freak accidents do happen. Afterall the original decision by the coroner was that it was an accident. Drew Peterson reputation has placed him between a rock and a hard place. This could happen to anyone that is in a love hate relationship. I feel the burden of proof is on the prosecution. Had the prosecution did their homework these blunders would not have occurred. The trial would proceed without all the drama. But you have a drama king prosecuting. James Glasgow have got to get off his high horse and start doing some serious work, but that is too much like the right thing to do. He feels the citizens of Will County are asleep anyway, so lets play. Wake up people! wake up!
Time to elect a real prosecutor for the Job!, and get rid of all the puppets who follow James Glasgow around like puppets on a string. I bet you if Drew Peterson get off the blame will be on the woman prosecutor Kathy Patton, thats the only reason Jim Glasgow is allowing her presence in the public view. She is indeed the fall guy to blame for his mistakes. He never takes responsibilty for his mistakes.

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Francis M. Regan

9:49 am on Sunday, August 5, 2012

Wow watchful eye I don't see you attacking others who think the trial is a joke and what they think about Glasgow!

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Watchful Eye

12:53 pm on Sunday, August 5, 2012

Oh knock it off Frankie. Everyone has a right to their opinion. Yours just happens to be repeated over and over and over, and you come up with stuff that makes no sense.

I don't attack anyone. If you are referring to Laudduering, eh. Just politic pandering for his candidate, probably.

Notice there's no mention of the defense "doing their homework" when it's now well-known that Lopez blew it BIG TIME by repeating a hearsay quote that was previously kept out by the judge's ruling. Can't blame the prosecutor for that. Their egos and heads are so big right now, they're slipping up. So, if one is going to call out the prosecutors for blunders, better make sure that the defense is too. AAMOF, Brodsky had to apologize for being so callous and joking around about the victims, because I'm sure he and the others got quite a bit of backlash over it, and now this goof-up by Lopez in court with Anna Domain let the jury hear that Drew told Kathleen he'd kill her and "make it look like an accident." Ooops.

If the prosecutors had been the ones to do that, the defense's Greenberg would have been bug-eyed and screaming for a mistrial.

Karma is a wonderful thing.

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Watchful Eye

12:54 pm on Sunday, August 5, 2012

Excuse me. Meant, "political pandering."

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