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On Wednesday, a judge was told by Drew Peterson that he was withdrawing his request for a mistrial. His attorneys said that Peterson would like the current jury on the case to decide if he murdered his third wife. Judge Edward Burmila was also asked by the defense attorneys to declare all of the hearsay evidence inadmissible in the trial. The judge denied that motion. The prosecutors working on the case are attempting to prove that Peterson killed his third wife, Kathleen Savio, back in 2004. Peterson was charged with the murder after Stacy Peterson, his fourth wife, went missing in 2007.
“We are not giving the state a practice run,” Joe Lopez, a defense attorney, said. “This is a real race and Mr. Peterson wants the world to know that he’s not afraid. He wants to keep this jury in its place.”
Savio was discovered deceased in her suburban home bathroom. Authorities investigating the case did not collect any physical evidence and Savio’s death was originally ruled an accidental drowning. Three years later, when Stacy Peterson disappeared, the body of Savio was examined again and her death was ruled a homicide. Drew Peterson is still a suspect in the Stacy Peterson case but he has yet to be charged. She has been presumed dead by authorities but her body has yet to be found.
The defense attorneys working on the case asked for a mistrial earlier in the week because of comments made by the prosecution team. The judge on the case ordered the prosecution not to mention an order of protection for Savio against Peterson, which they did anyway.
Kathleen Patton, a prosecutor, was questioning former police officer Teresa Kernc on the stand when she mentioned the order of protection. Kernc was asking Savio questions back in 2002 about Peterson threatening to kill her. He reportedly broke into the home of Savio while wearing a SWAT uniform and pushed Savio down. Savio told Peterson during the incident to “Go ahead and do what you came to do: Kill me.” Kernc said that “He said, ‘Where do you want it?’ And she said, ‘In the head.'”
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Kernc testified that Savio was told by Peterson to turn her head, which she did. “And then he said, ‘I can’t kill you.'” Peterson left the home after tossing a garage door opener to the floor. Patton asked Kernc the following during her testimony, “Did she tell you she wanted to get an order of protection?”
The judge told the jury the following: “You are not to consider, infer or ponder for any purpose an order of protection.”
