08-01-2012, 03:40 PM
Judge Edward Burmila has offered an alternative to a mistrial in the Drew Peterson murder trial.
“In this particular instance, there’s no doubt in my mind that the testimony they presented was a low blow, and should not have been presented to this jury. However, courts are also loathe to grant mistrials... in this particular instance, in the court’s mind, there’s another sanction, which would be to strike, in total, the testimony of that witness [Tom Pontarelli]," said Burmila.
Court is now adjourned until Thursday morning, so attorneys can research whether this alternative will be an adequate solution to testimony that the Judge says was improperly introduced at trial Wednesday.
Peterson’s defense team asked Burmila for a mistrial after Pontarelli, Peterson's neighbor, testified about finding a .38 bullet in his driveway.
Pontarelli said the bullet was placed there by Peterson in an attempt to intimidate him. Defense attorney Steve Greenberg said it is a highly prejudicial prior bad act that is not admissible at trial.
Burmila said, “I have to say that their [the prosecution's] argument makes absolutely no sense to the court whatsoever... it makes no sense whatsoever, the argument the state just put forward... I’m going to take the motion under advisement, and I’ll have a ruling for you at 1:15.”
“In this particular instance, there’s no doubt in my mind that the testimony they presented was a low blow, and should not have been presented to this jury. However, courts are also loathe to grant mistrials... in this particular instance, in the court’s mind, there’s another sanction, which would be to strike, in total, the testimony of that witness [Tom Pontarelli]," said Burmila.
Court is now adjourned until Thursday morning, so attorneys can research whether this alternative will be an adequate solution to testimony that the Judge says was improperly introduced at trial Wednesday.
Peterson’s defense team asked Burmila for a mistrial after Pontarelli, Peterson's neighbor, testified about finding a .38 bullet in his driveway.
Pontarelli said the bullet was placed there by Peterson in an attempt to intimidate him. Defense attorney Steve Greenberg said it is a highly prejudicial prior bad act that is not admissible at trial.
Burmila said, “I have to say that their [the prosecution's] argument makes absolutely no sense to the court whatsoever... it makes no sense whatsoever, the argument the state just put forward... I’m going to take the motion under advisement, and I’ll have a ruling for you at 1:15.”