Judge Considering Mistrial In Drew Peterson Trial

By Chuck Sudo in News on Aug 1, 2012 9:00PM

The second day of testimony in the trial of Drew Peterson ended today with Will County Judge Edward Burmila asking defense attorneys to seriously consider whether to pursue a mistrial Thursday after prosecutors asked a witness about a bullet found in his driveway allegedly left by Peterson as a threat against helping Savio.

Burmila called prosecutors asking that question to witness Thomas Pontarelli a “low blow” and offered striking Pontarelli’s complete testimony from the record as an alternative to declaring a mistrial. The Tribune reports Burmila asking prosecutors:

"What is the purpose of you trying to let the jury think that Mr. Peterson put a bullet in the driveway of Mr. Pontarelli. Why would you do that? You are going to leave the jury with the impression that the defendant put it there."

It was the prosecution’s lowest moment in two days of poor performance. Sun-Times Columnist Mark Brown recapped Day 1 of the trial . Burmilia ruled in favor of the defense in key evidentiary rulings and may have had declared a mistrial Tuesday if Will County State’s Attorney James Glasgow decided to mention to jurors hearsay statements from a former Peterson co-worker that he was offered $25,000 to kill Savio.

All this only highlights the problems prosecutors have in proving their case against Peterson and how much of it hinges on hearsay evidence. Burmilia told both sides he was loathe to declare a mistrial. Peterson’s attorneys may seek a mistrial with prejudice, meaning prosecutors could not re-try Peterson again on these charges. If Burmila grants a mistrial, prosecutors, will ask that it be without prejudice.