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Accused killer Drew Peterson back in court this morning the ex cops lawyer yesterday attacking his dead third wife Kathleen -- -- -- Peterson is charged with murdering.
Investigators -- first ruled her death an accidental drowning in an empty bathtub with her hair soaked in blood here's Peterson's lawyer.
-- -- Yeah about what am I don't -- the bus go round and yelling and screaming that there and it's coming -- here.
Yeah time or -- holder criminal defense attorney and Fox News contributor joins us now to discuss this as part of our legal panel along with Kelly saying -- an attorney and Chicago.
And and former prosecutor in Chicago thank you both so much for joining us.
Thank you Kelly is attacking the victim a good idea here.
Never attacking a victim is never a good idea Peterson is already unsavory the -- not gonna like him.
-- he's making himself also unlikable it's a bad note.
To -- it is mostly -- circumstantial.
Case is the evidence here going to be strong enough.
While personally I think that that you're Peterson committed this crime and I agree with Kelly that it's terrible to make -- -- down a fat person.
But this debt that evidence here unfortunately.
There's there's not a lot of -- I mean this was not treated like a crime scene game ruled it accidental.
After -- one hour of investigation or.
Lack thereof you know investigation didn't do it so I think that it's going to be very hard for the prosecution unfortunately.
To prove this case and -- -- is terrible defense team is the one that.
And that helping him be found guilty.
So Kelly what about that all they need is reasonable doubt here.
All of their sympathy for the victim must sign aid can the defense attorneys create that.
-- and lots of experts are saying that the fact that it was -- accident only the beginning is enough.
I don't agree with them I think the prosecution can do this I think -- -- convict.
I believe it is a circumstantial case that they have to be careful with these rulings where the judge.
He's -- -- they're going let's send getting in more things that she was fearful of him -- -- in the past he had knowledge of law enforcement technique.
He's kind of the dirt bag and getting all of that and and then showing motive and opportunity the divorce -- he stood to gain the fact that he was intimately familiar with where she landed.
Use -- -- that so that they look at it -- say this was an accidental and there's no other option other than beyond a reasonable doubt Drew Peterson did it.
But camera there have been some key court rulings that have gone against the prosecution no one of them being that the prosecution is allowed to say that.
Drew it may have offered somebody 25000 dollars to kill.
Kaplan a Kathleen how big a blow is back to the prosecution.
We'll see there there are two problems about the first says that there is evidence that they prepare for the -- spot they're going to be able to bring end and the other thing is the jury.
They're not lawyers -- than -- I don't think any of them are lawyers they are going to get confused and they're going to CDs attractions in these objections it's sustained.
I got in on the defense is a half.
And they're going to think maybe the prosecution is massing up so they've got to be very care -- Kelly sat -- also.
You know there were other things -- got almost like two in this trial when they mention the 25000 dollars for hit man in an opening a -- trial.
So they have to be very careful about where they're going with this case.
Kelly another ruling that went against prosecutors.
They cannot bring up this whole that drew supposedly put in the -- to show he had access to and her.
-- because the divorce wasn't final at that time the judge made a ruling that that's community property he owned it he can do whatever he wants to his property.
So that is a blow for prosecution.
It's coming down more acute now other witnesses observation is the hearsay that fact that she was fearful the fact that she wrote a letter saying.
You know can you please investigate and he's harassing me he's been violent if I'm -- he did it.
It's going to be very critical that those -- -- I don't think the judge necessarily got that one wrong.
It is a damning blow for the prosecution and the problem with the previous ruling about the 25000 dollars that you were just discussing.
The judge said that the prosecutors didn't let the defendants know how they intended to use it excuse me defense team.
And that to me seems like I suspect drilling because even talking about it all along I obviously the goal of that was to show motive and that he'd also been planning mass.
So I tell more -- that case obviously at first the death was ruled accidental -- in the case was reopened we now have other.
Medical experts -- saying this was no accident.
But how important is it to the case this initial ruling that it was an accident.
While it's important on both sides I mean on on one hand like I said earlier you don't have the debt evidence.
At all and we've discussed this before at the jury likes to see SC SI tight case.
And diet and the prosecutor mr.
Glasscock he -- in the very beginning instead.
You're not gonna have a CSI -- case but still they want to see something and there were no witnesses that saw -- there are a lot of this is circumstantial.
There towels that are at issue but you know we don't know where the towels are.
So people are gonna have to put this together and really think about whether they like -- Peterson and whether they think you get it I don't know if that's gonna -- the level of beyond reasonable doubt.
Yeah I guess we'll have to say and that trial does continue Kelly -- in camera holder thank you both so much for joining.
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