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Judge denies Drew Peterson a mistrial

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    Defense argued that prosecutors deliberately entered barred testimony

  • Duration 5:54
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Well no mistrial today for the former cop from Illinois without.

Long history of losing his wives today judge ruled that drew Peterson's murder trial will indeed move forward.

We reported on this yesterday here on studio B in the second day of question -- That judge reprimanded prosecutors for testimony that really could have hurt the suspects chances that a fair trial.

It happened after a witness said he found a 38 caliber bullet in his driveway and suggested that Drew Peterson left it there is a means of intimidating it.

Prosecutors later said they had no evidence to support that claim not at all.

Those lawyers say Drew Peterson murdered his third wife then put her in a dry bathtub in an attempt to make it look like an accident.

And according to police Drew Peterson is still a suspect in the disappearance of his fourth wife.

He claims -- his innocence in both cases today lawyers questioned an emergency medical technician who arrived -- drew Peterson's house to find the third wife in that dry bathtub.

Prosecutors asked him about the possibility that Drew Peterson -- the scene.

And the EMC pointed out that once how all that appeared in an investigation photograph.

Was not there when he worked on the body.

Mike Tobin is live outside the courthouse Joliet Illinois this afternoon help us.

Make sense of his testimony might.

We'll ship and a frequent an -- talked about was a neighbor Thomas -- -- who said that he was intimidated by Drew Peterson.

But ultimately got through his testimony would no shortage of controversy and moved on to -- to that ENT or paramedic that you talked about who said he didn't see the towel in the bathroom.

Now the defense cross examine him and quizzed him about all of the different things he didn't see while paying attention to the victims.

Then the defense came out of a courthouse today and said they're not worried about the towel at all.

If you listen to what mr.

putts early said he is that -- the whole time to the paramedics gains attributed -- dads out there.

I mean I'm trying to grasp what point you're trying to make that -- pleasant manner.

How the testimony moving forward as judge Edward -- Miller.

Ultimately -- light on the prosecution after getting so angry at them yesterday for slipping in front of the jury evidence that was deemed inadmissible.

He didn't even strike all of the testimony from potter rally.

Through whom the inadmissible evidence came -- for the moment at least Mike prosecution's case seems to rely heavily on hearsay evidence.

Will the jury be able to hear all of it.

What you know they just called to the stand a witness named Harry Smith.

Harry Smith was a lawyer for -- Saudi of the victim in this case.

He is expected to tell the jury that's audio told him she was afraid of Drew Peterson because she believed he would ultimately kill her.

And make her death look like an accident but before that happens you can anticipate the defense is gonna challenge every hearsay statement before it gets to the jury -- Mike Tobin at the courthouse Joliet Illinois might thank you.

Let's talk to a lawyer ourselves when -- when Arthur right dollars here is a Fox News legal analyst.

And criminal defense attorney here in the city well and you know yesterday -- -- in court today a result is often you -- with.

Arthur and Ravi said you know this could be cause for mistrial -- seem to think that a -- might happen you thought it wouldn't your thoughts on why this thing is moving forward.

Because the judge doesn't want the he just wants -- the ball rolling he wants to going forward which agency is.

Usually -- conventional wisdom is it's -- defense who wants a mistrial Navistar L but I do over -- hear what the evidence is against them.

Here the defense is saying that the prosecutor intentionally.

Introduced -- evidence to cause of it a mistrial.

Because as you just said some of the hearsay statements the prosecution thought the judge was gonna -- -- He's already ruled he won't allow that now there are lots of interest in theory that the prosecution might have won this thing to be -- -- they could start over with a new judge that's the defense theory that you sort of of the new jury -- a new theory they are allowed to do do a new opening statement.

Because apparently they've said a couple things opening statements that didn't that the jurors are gonna hear that now the jurors are not -- here.

And that's that's bad because you lose credibility with your jury and in this case with the lack of real a lot of evidence.

Don't juries need to believe that every word that comes out -- the prosecutor's mouth is evidence whether it is or -- -- not let you know on this.

This was a rookie mistake and it's almost like abandon people would talk to believe that they need that kind of mistake unintentionally but.

There were rookie mistakes it -- from the very beginning all the way back to the early stages of the investigation of the crime scene he was police and investigators said that this was an accidental drowning.

In a dry bathtub.

And now there's this testimony about this -- beside that the towel wasn't there when AT&T got there then that.

And it's an advantage in the pictures afterwards what I thought was more telling was he noticed that there was no bad that they would -- bath towels.

He did it.

It didn't look like you to go back to a melodies no water right from the right but even show up in a regular bathroom and is no water.

Usually a bath -- on the floor that you would be -- 4000 yeah -- something he's he's basically what he took note of with the lack of things in the bathroom.

I don't know what -- -- does -- that -- mean the prosecutors really have an uphill battle.

The best evidence against drew Peterson's Drew Peterson his own -- and now.

And his antics and is he's pulling that thing out when he was talking to you it is.

Summit is no that -- isn't just felt that the Clinton showed when he's up there and screaming at people and today when they were taken as it goes on today.

We're one of his lawyers say -- behind it and 'cause fit whatever -- -- I requested some handcuffs with Ferraro.

You know you've said from the beginning that if this guy had just shut up from the beginning he wouldn't have become this media circus he if he had just been quiet.

And he he definitely wouldn't quit you -- so it.

Would what we've heard so fart show.

-- definitely -- -- there's still a matter of wife number four they haven't gotten that India of course she ran way over another dude never been seen again that that good he says they're very good Haider's yet.

-- -- -- Thank you thank you.

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