We’re hearing that the defense wants to have pathologist Dr. Vincent DiMaio testify about the “many” cases of healthy adults drowning in bathtubs. The prosecution asked Judge Burmila to compel him to identify even once instance of this, as he would not do it. The State has their own witness they would like to testify about statistics showing that virtually no healthy adults drown in bathtubs without some sort of drug or alcohol component but the judge decided it was too late to add another witness. (BTW, DiMaio’s own book would seem to counter what he would testify to).
Next hearing date is scheduled for 7/18 at 10:00 am.
In a rather strange ruling, Judge Burmilla has decided that prosecutors cant bring the tub that Savio died in, into the courtroom; but if they have the tub re-installed in the house on Pheasant Chase where she died, that jurors can be brought in to look at it.
The defense lost a motion to bar testimony from one of Peterson’s former girlfriends, Susan McCauley, a woman whom he was having a 9-month affair with while he was married to Kathleen Savio. Prosecutors say the former Bolingbrook police sergeant made conflicting comments to her about what happened to Savio and what caused her death. In another motion argued and lost today the defense team had alleged that Will County Sheriff’s deputies violated Peterson’s privacy by intercepting a letter that he sent to his son, Tom Peterson, away at college in Pennsylvania. Prosecutors convinced the judge that the jail was following written policy and within its rights to intercept detainee communications.
A Will County judge Tuesday morning shot down a last-ditch defense effort to prohibit jurors from hearing testimony about statements made by Kathleen Savio before she died. Attorneys on both sides are expected to spend much of the day hashing out some half-dozen motions. Reporters were asked to leave the courtroom about 11:30 a.m. so attorneys could discuss one motion behind closed doors.
In the last hearing, the defense indicated that one of its motions might require a “Frye hearing”. Frye hearings are generally used for dealing with the admissibility of scientific evidence.
REMINDER: According to the Court Administrator, Drew Peterson’s murder trial will not be broadcast live from inside the courtroom.
The following items are expressly prohibited from the Will County Courthouse:
- Weapons (or any item that may be used as a weapon in the opinion of Court Security Officers)
- Cell phones that have a camera and/or recording ability
- Recording devices
- Cameras (without the permission of the Chief Judge)
- Pepper sprays or Mace
- Food or beverages