Thursday, August 02, 2012

Why the Drew Peterson Mistrial Motion Denial is a Win for the Defense

Drew Peterson       Photo by Paul Huebl

Joliet, IL—Judge Edward Burmila angrily chastised the prosecution for their “low blow” making it clear that their conduct was deliberate and designed to deny the retired Bolingbrook IL police sergeant a fair trial.  
The judge denied the defense request for a Mistrial and now double jeopardy is firmly attached if for no other reason on the judge’s comments to the jury alone.
Burmila tried to resolve the issue with an inappropriate compromise solution to strike the entire testimony of a witness.  The Peterson defense team turned that down simply because this was an all or noting proposition. 
Burmila apparently struck a portion of the testimony from the record but that action was a woefully inadequate remedy for this intentional prosecutorial misconduct.   
The Peterson trial is in such a shambles now, that no appeals court could ever affirm Judge Burmila’s denial of the mistrial.   I doubt that they’d ever allow for another trial under the circumstances. 
It’s so obvious to the legal community that the state instigated a mistrial because they are unable to proceed.  For Will County State’s Attorney James Glasgow, it is the easiest and cheapest way to fold his cards and somehow save face. 
In two days there were two egregious violations by the prosecution that were unforgivable.   Will County prosecutors have forever tainted the jury. 
I know that prosecutors are dealing with witnesses that have blabbed numerous conflicting and ever more embellished versions of their stories to anyone who would listen.   It will take a bus to transport potential impeachment witnesses in to testify once the defense begins. The prosecution witnesses have enjoyed their attachment to this celebrity driven case to the chagrin of prosecutors that now must try and rehabilitate them. It will prove impossible.
Too many of the state’s witnesses are unreliable, drug dependent convicted criminals but it’s likely that this critical information will be withheld from the jury. 
Additionally several of the state’s witnesses will gain financially only if Peterson is convicted.  We all know how money corrupts.   Might some of the near-do-well, heavily tattooed and pierced relatives of Kathleen Savio  be on the road to perjure their way to wealth? 
Stay tuned because there are more fireworks to come!


1 comment:

Anonymous said...

Almost NOBODY here around Chiucagoland believes that this guy just could be innocent. He wouldn't be the first guy whose wife took off with a Jocker and hid out, in order to fuck him over. Whether guilty or innocent is not the real issue here, it is the burden of proof beyond a reasonable doubt that is. Not really sticking up for Peterson, but if he can get convicted on virtually NO evidence, physical and or otherwise, but gets convicted on Heresay, then this could happen to anyone, yourselves included. Think long and hard about that. Enough people don't like you? They all come up with stories, unproven gossip, not even corroborrated, and your Guilty ? That WILL be the End of America's Criminal Justice System, and it's ALL about Political Correctness over facts, physical evidence, eyewitnesses, and corroboration of witness testimony.