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Judge considers mistrial in Peterson murder case

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    Mike Tobin reports from Joliet, Illinois

  • Duration 1:57
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Well we are awaiting a major ruling on a possible this trial in the Drew Peterson murder case.

The former Chicago area police officer is charged with killing his third wife Kathleen sub -- Her 2004 death was initially ruled an accident but that case was reopened after Peterson's fourth wife Stacy vanished under mysterious circumstances.

Mike Tobin joins -- -- courthouse in Joliet Illinois.

-- so this whole trial could grind to a halt almost as suddenly as it started.

-- about a half hour -- and the judge will rule on this motion for a mistrial the latest motion permits drop following the latest misstep by prosecutors this time.

-- because a prosecution slipped in some testimony that had previously been declared inadmissible the defense team for Peterson.

Was quick to pounce with this motion for a mistrial.

-- serious motions for mistrial in two days that's got to be a world record of balls and always in the judge's court.

The controversy came during testimony from Thomas potter rally a neighbor of the victim Kathleen sub VO drew Peterson's third wife.

Potter -- said he felt intimidated by Drew Peterson and once found a 38 caliber bullet in his driveway he said he got the message.

Judge at -- -- abruptly stopped the proceedings and asked the prosecution do you intend to prove.

Whether -- defended put that -- -- in the driveway the assistant State's attorney Kathleen Patton said no.

And the jury was sent out of the room the judge was visibly upset.

This all might god now in the judge's court so -- -- -- options.

What judge said -- Miller has several options most legal experts say the likely path he will choose.

Is to strike all of the testimony from mr.

potter rally.

However he can declare that -- trial a -- trial without prejudice means Drew Peterson to be tried again.

But if he declares a -- trial with prejudice that means Drew Peterson goes free -- and Mike Tobin live in Illinois thank you for.

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