Judge: No mistrial in Drew Peterson murder case
By MICHAEL TARM and DON BABWINBy MICHAEL TARM and DON BABWIN, Associated Press?
?FILE - In this May 7, 2009 file booking photo provided by the Will County Sheriff's office in Joliet, Ill., former Bolingbrook, Ill., police officer Drew Peterson is shown. Peterson is charged with first-degree murder in the 2004 drowning death of his former wife Kathleen Savio. Opening statements in his trial are scheduled to begin Tuesday, July 31, 2012. (AP Photo/Will County Sheriff's Office, File)
FILE - In this May 7, 2009 file booking photo provided by the Will County Sheriff's office in Joliet, Ill., former Bolingbrook, Ill., police officer Drew Peterson is shown. Peterson is charged with first-degree murder in the 2004 drowning death of his former wife Kathleen Savio. Opening statements in his trial are scheduled to begin Tuesday, July 31, 2012. (AP Photo/Will County Sheriff's Office, File)
In this Tuesday, July 31, 2012 photo, Judge Edward Burmila, the presiding judge in the murder trial of former Bolingbrook police officer Drew peterson, arrives at the Will County Courthouse in Joliet, Ill., for the start of the trial. On Wednesday, Aug. 1, 2012, Burmila blasted prosecutors for bringing up information that could make the former police officer look bad in the eyes of the jury. The judge sent jurors out of the courtroom for a time and then called a recess. Defense attorneys have requested a mistrial, saying prosecutors have intentionally violated court orders several times. (AP Photo/SouthtownStar, Matthew Grotto) CHICAGO LOCALS OUT
Will County State's Attorney James Glasgow speaks to the media outside the Will County Courthouse after the second day of the murder trial of Drew Peterson, Wednesday, Aug. 1, 2012 in Joliet, Ill.. Peterson, 58, is charged with killing his third wife, Kathleen Savio, in 2004. Her body was found in a dry bathtub in her home, her hair soaked with blood. He is also a suspect in the 2007 disappearance of his fourth wife, Stacy Peterson. (AP Photo/Paul Beaty)
Will County States Attorney Kathleen Patton left, leaves the Will County Courthouse after the second day of the murder trial of Drew Peterson, Wednesday, Aug. 1, 2012 in Joliet, Ill.. Peterson, 58, is charged with killing his third wife, Kathleen Savio, in 2004. Her body was found in a dry bathtub in her home, her hair soaked with blood. He is also a suspect in the 2007 disappearance of his fourth wife, Stacy Peterson. (AP Photo/Paul Beaty)
Drew Peterson lead defense attorney Joel Brodsky leaves the Will County Courthouse in Joliet, Ill. after the second day of the murder trial of Peterson. Peterson, 58, is charged with killing his third wife, Kathleen Savio, in 2004. Her body was found in a dry bathtub in her home, her hair soaked with blood. He is also a suspect in the 2007 disappearance of his fourth wife, Stacy Peterson. (AP Photo/Paul Beaty)
CHICAGO (AP) ? A judge decided against declaring a mistrial in Drew Peterson's murder case Thursday, saying the former police officer still can get a fair trial despite prosecutors' missteps.
The ruling by Judge Edward Burmila followed several blunders by prosecutors, who are seeking to prove the 58-year-old Peterson killed his third wife, Kathleen Savio, in 2004. He also is a suspect in the 2007 disappearance of his fourth wife, Stacy Peterson, but has never been charged in her case.
A furious Burmila admonished prosecutors Wednesday after the second witness in just their second day of testimony began talking about finding a .38-caliber bullet on his driveway. Thomas Pontarelli, a former neighbor of Savio's, hinted in his testimony that Peterson may have planted it there to intimidate him.
Prosecutors later admitted under tough questioning by the judge that there was no evidence to support the claim. And Burmila wondered aloud about whether the testimony made Peterson appear menacing in jurors' eyes and undermined his ability to get a fair trial.
But after heated arguments by both sides Thursday morning, Burmila told attorneys that "the court believes that the defendant's ability to receive a fair trial is not extinguished at this time."
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Michael Tarm can be reached at www.twitter.com/mtarm.
Associated Press
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