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Judge to Decide on Mistrial Wednesday

It's the third week of testimony as Drew Peterson faces murder charges in the death of his third wife Kathleen Savio.

Keep up with all Drew Peterson coverage on our Storify.

Updated 4:07 p.m. 

Defense attorney Joel Brodsky wants a mistrial but only if Drew Peterson cannot be tried again. That did not sit well with Judge Edward Burmila. 

"You don't say to the court, 'We want a mistrial, but only the way we want a mistrial.'" 

If Burmila does not grant a mistrial, Brodsky effectively asked Burmila to tell the jury to find Peterson not guilty. Burmila said he was not going to do that. He also reiterated that he was not going to run his decisions past the defense for approval.

"I'm not going to come back here and say, "That's what I'm going to do, if it's all right with Mr. Peterson.'"

Updated 3:56 p.m. 

Judge Edward Burmila will decide on the latest prosecution snufu Wednesday at 9 a.m.

Updated 2:56 p.m. 

Defense attorney Joseph "Shark" Lopez pointed to prosecution's latest gaffe and said "an avalanche of errors have been committed by prosecutors, thereby jeopardizing their ability to get their case before a jury.

Updated 2:24 p.m. 

Assistant State's Attorney Kathleen Patton asked former Bolingbrook police Lieutenant Teresa Kernc whether she advised Kathleen Savio to seek an order of protection against Drew Peterson.

Before the lunch recess, admonished prosecutors that they were not to mention the advice about the order of protection and whether or not Savio sought one.

Burmila cleared the jury from the courtroom and defense attorney Steve Greenberg argued for a mistrial -- the third time he has done so in nine days.

Greenberg pointed out that Burmila has yet to reprimand defense attorneys but that this is the third time the state has either gone against the judge's orders or made an improper statement in front of the jury.

"And we're supposed to be the slimy defense lawyers," Greenberg said.

Patton began to claim she didn't understand Burmila's instruction, but then apologized and said she had "no excuse."

A dejected Patton slumped on the rail of the empty jury box while Burmila accused her of flatly disregarding his order.

Greenberg is asking Burmila to toss the case, clearing the way for Peterson to be released from the county jail.

The judge has given prosecutors a half hour to devise another remedy.

Updated 12:23 p.m. 

Pam Bosco, a friend of Stacy Peterson's family said it was "dumbfounding" that Judge Burmila is keeping out testimony from Stacy's aunt Candace Aikin and Aikin's friend Donna Badalamenti "for some ungodly reason." 

"We all know Drew's character was to intimidate, to cause fear, to control," Bosco said. 

Defense attorney Joel Brodsky contended that claiming you have the ability to kill someone and make the death appear the result of an accident is a "common" statement for a police officer to make. 

When asked if it is stupid to make such a boast after one's wife dies in a supposed accident, defense attorney Joseph "Shark" Lopez pointed out that Peterson is a "jokester."

Updated 12:04 p.m. 

Judge Edward Burmila has barred testimony from an aunt of Drew Peterson's missing fourth wife, Stacy Peterson, and one of the aunt's friends.

The aunt, Candace Aikin, and her friend, Donna Badalamenti, both traveled to Joliet from California to testify.

The women were expected to recount how Peterson stood up in front of them and--without prompting--told them that as a police officer, he had learned to kill someone and get away with it. At least one of the two women was expected by prosecutors to say Peterson told her he could kill someone and make the death appear to be the result of an accident.

Burmila felt that such testimony would be too prejudicial against Peterson. He also said that since it was supposedly said three years after Kathleen Savio's 2004 death, it was too remote from the time of the supposed murder.

Burmila also called the expected testimony "nebulous."

Updated 11:39 a.m. 

With the jury out of the courtroom, attorneys sparred over how much testimony to allow from former Bolingbrook Police Officer Teresa Kernc.

Kernc took a report from Kathleen Savio about two weeks after her husband Drew Peterson allegedly broke into her home and menaced her at knifepoint. 

Savio allegedly crossed out her mention of a knife in the written police report because she feared it might cost Peterson his job as a Bolingbrook police sergeant.

Updated 10:05 a.m. 

Dr. Christopher Long was the first witness called today. A forensic toxicologist, Long testified that there was no sign of drugs or alcohol in the tissue sample taken from Kathleen Savio's liver. The toxicological testing was conducted soon after Savio was found dead in March 2004 and again after her body was exhumed in November 2007.

Original story 

Today's witnesses are: Dr. Christopher Long,  Officer Teresa Kernc, Candace Aikin, Donna Badalamenti, Scott Rossetto and ISP Trooper Bryan Falat.

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Sick of Will County Politics August 15, 2012 at 03:30 PM
People get out and VOTE this election....get this piece of garbage Glasclown out of office. Dave Carlson is the canditate that will take Will County in a new direction. Save us tax payers a lot of money and embarrassment....VOTE VOTE VOTE!!!!!
Sick of Will County Politics August 15, 2012 at 03:33 PM
Get out and VOTE people!! Get Glasclown and is cronies out of office. Dave Carlson will take Will County to the level it should be with out wasting our tax dollars and making our county an embarrassment. VOTE VOTE VOTE. I know Dave personally, and he is a good guy. He is NOT a politician, he is a real person with good values and morals....unlike Glasclown!!! I can't say it enough VOTE!! T
citizen586 August 15, 2012 at 04:44 PM
Glasgow's office has a record of violating the constitution and rights of citizens continuously. Rules of evidence and criminal procedure don't seem to apply to them. Riley Fox, Honeybee Killer are just the tip of the iceberg which made the news. Many innocent lives had been destroyed by Glasgow's office and most never made the news. All this costing the taxpayers millions while the real perps are still out. That is not a way to keep the public safe. If we continue to allow that prosecutors violate our laws nobody is safe. Today Drew Peterson, Tomorrow You or ME.
citizen586 August 15, 2012 at 04:47 PM
Either have the evidence or don't prosecute. That theoretically is the basis of our legal system. If there is no evidence the accused is presumed innocent. So either law enforcement should do their job well and if there is real evidence (not produced one in lack of real evidence) proceed. If not, well, presumed innocent. Like it or not, there may be unsolved crimes and we never will know the truth. We are just to uncomfortable to allow that, so we just bend and break the rules to just convict somebody. No matter what. Hmmm....what a progressive civilized society we have become. Glasgow's office has a record of violating the constitution and rights of citizens continuously. Rules of evidence and criminal procedure don't seem to apply to them. Riley Fox, Honeybee Killer are just the tip of the iceberg which made the news. Many innocent lives had been destroyed by Glasgow's office and most never made the news. All this costing the taxpayers millions while the real perps are still out. That is not a way to keep the public safe. If we continue to allow that prosecutors violate our laws nobody is safe. TODAY DREW PETERSON, TOMORROW YOU OR ME!
citizen586 August 15, 2012 at 05:01 PM
No matter if we BELIEVE Drew Peterson is guilty or not, the prosecutors cannot be allowed to cheat, circumvent criminal procedure and violate the constitution. Like it or not. Anything else would be a very slippery slope. Either have the evidence or don't prosecute. That theoretically is the basis of our legal system. If there is no evidence the accused is presumed innocent. So either law enforcement should do their job well and if there is real evidence (not produced one in lack of real evidence) proceed. If not, well, presumed innocent. Like it or not, there may be unsolved crimes and we never will know the truth. We are just to uncomfortable to allow that, so we just bend and break the rules to just convict somebody. No matter what. Hmmm....what a progressive civilized society we have become. Glasgow's office has a record of violating the constitution and rights of citizens continuously. Rules of evidence and criminal procedure don't seem to apply to them. Riley Fox, Honeybee Killer are just the tip of the iceberg which made the news. Many innocent lives had been destroyed by Glasgow's office and most never made the news. All this costing the taxpayers millions while the real perps are still out. That is not a way to keep the public safe. If we continue to allow that prosecutors violate our laws nobody is safe. TODAY DREW PETERSON, TOMORROW YOU OR ME!

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