‏إظهار الرسائل ذات التسميات Evidence. إظهار كافة الرسائل
‏إظهار الرسائل ذات التسميات Evidence. إظهار كافة الرسائل

الأربعاء، 12 سبتمبر 2012

Drew Peterson Conviction Hinged On Hearsay Evidence, Juror Says

JOLIET, Ill. -- The final juror to agree to convict Drew Peterson of murder in the death of his ex-wife says he "barely slept" one night during the proceedings because the same nagging questions kept popping into his head.

Even after joining fellow members of the panel by casting the last vote for guilty, Ron Supalo remains troubled by the prosecution's reliance on hearsay, statements not based on a witness' direct knowledge.

Peterson, the former suburban Chicago police officer, faces a maximum 60-year prison term after his first-degree murder conviction in the death of his third wife, Kathleen Savio. It was the first case in Illinois history to permit the use of hearsay evidence, based on a 2008 state law specifically tailored to Peterson's case.

"I needed time to think it through," Supalo, a letter carrier for the U.S. Postal Service, said in a telephone interview Friday evening.

Supalo said he believes the hearsay law might be unconstitutional, but he eventually realized his duty as a juror was only to assess the evidence, not the laws.

"We (the jurors) weren't the U.S. Supreme Court," he said. "Right or wrong, this was the hearsay law, and we had to use it in this case."

Other jurors acknowledged that comments Stacy Peterson, Peterson's fourth wife, made before her 2007 disappearance played the decisive role in convincing them to convict her husband of killing his ex-wife.

The prosecution's strategy grew largely from a lack of physical evidence collected in the case after investigators initially deemed Savio's 2004 death an accident. Prosecutors claimed the hearsay would allow Savio and Stacy Peterson – who is presumed dead – "to speak from their graves" through family and friends.

It worked.

Jury foreman Eduardo Saldana, 22, said the women's comments were "extremely critical" in deliberations and in his decision to convict Peterson. He said he was one of four jurors who initially had reservations given a lack of physical evidence tying the former police officer to Savio's death. But Saldana said the more he thought about hearsay testimony from Stacy Peterson's pastor, the more compelling he found it.

But Supalo said he had some doubts about the credibility of Stacy Peterson's statements to the Rev. Neil Schori.

During the trial, Schori testified that Stacy Peterson told him weeks before she went missing that her husband got up from bed and left the house about the time of Savio's death and then returned to stuff women's clothing in their washing machine. Peterson also coached his wife for hours on how to lie to police, Schori told jurors.

"When it was the 11 for guilty and just me holding out, I told them, `You all believe Schori's testimony is gospel because he is a man of God,'" Supalo said. "They said, `It is.' And I said, `No, it's not!'"

Supalo also said he had difficulty coming to terms with convicting someone based on what others claimed someone else said.

"I'm uncomfortable with the Illinois law that allowed hearsay," Supalo, who briefly studied law. "They made the law just for Drew Peterson – applied it to him retroactively. If there was no hearsay in his case – Drew Peterson goes free."

Defense lawyers have said the presentation of hearsay undercut Peterson's constitutional rights because he couldn't directly confront his accusers – namely, his third and fourth wives.

They tried to discredit Stacy Peterson by having attorney Harry Smith testify that she asked him if she could squeeze more money out of Peterson in a divorce if she threatened to tell police he killed Savio. But Saldana and other jurors said Smith only ended up stressing that Stacy Peterson knew her husband had, in fact, murdered his ex-wife.

As he realized Smith was starting to hurt Peterson's case, the defense attorney questioning him, Joel Brodsky, began shouting at Smith, accusing him of lying.

Juror Teresa Mathews, 49, said Friday that Smith had nothing to gain by making up testimony.

"We believed he was a credible witness," she said.

Although thoughts about the evidence cost Supalo some sleep, by Thursday afternoon, just before the verdict was read in court to gasps and tears, he'd resolved several issues in his mind. Among them was accepting Schori's and Smith's testimony as credible, he said.

"It was the totality of the evidence that convinced me," he said.

Peterson is to be sentenced Nov. 26.

Neighbors found the 40-year-old's body in the bathtub of her suburban Chicago home – a gash on the back of her head. Investigators initially thought she drowned after slipping in the tub, but reopened the case after Stacy Peterson disappeared.

Peterson also is a suspect in that case, and Will County State's Attorney James Glasgow said Thursday that charges could be forthcoming.

Peterson's personality had seemed to loom large over the trial, at least to outsiders.

Before his 2009 arrest, the glib, cocky Peterson seemed to taunt authorities, joking on talk shows and even suggesting a "Win a Date With Drew" contest. His behavior inspired a TV movie starring Rob Lowe.

But jurors said Friday that Peterson's crude and unsavory reputation didn't factor into their deliberations.

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الأحد، 26 أغسطس 2012

Witness: Drew Peterson Received Evidence Training

JOLIET, Ill. — The judge at Drew Peterson's murder trial exposed potential holes in the state's case against the former suburban Chicago police officer, telling prosecutors Friday that they have failed to either place Peterson in the bathroom where his third wife was found dead or illustrate exactly how he might have killed her.

The issue arose as the judge blocked a bid by prosecutors to introduce testimony that Peterson once received stranglehold training that would have given him special expertise in how to kill Kathleen Savio, 40, whose body was found in her dry bathtub. Peterson, 58, has pleaded not guilty to first-degree murder in her 2004 drowning death.

Prosecutors told the judge – with jurors out of the courtroom – that they intended to introduce testimony about how the former Bolingbrook police sergeant might have gone about killing Savio by putting her in stranglehold. Judge Edward Burmila responded that it appeared they were trying to get jurors to speculate.

"You can't be serious," he balked. "You don't even have any evidence linking him to the scene. Now you want to say this is what he did there?"

Prosecutors did not appear poised to address that potential weakness, indicating Friday that they likely would not call any more witnesses before they rest their case Monday morning. They appear to hold out hope that their circumstantial case, which included witnesses who testified Peterson repeatedly threatened Savio, was strong enough.

Prosecutors had said earlier they expected to rest Friday after calling more than 30 witnesses over four weeks. But arguments over the admissibility of evidence caused repeated delays.

Peterson lawyer Joe Lopez told reporters Friday afternoon that the defense was prepared to start mounting its case Monday. The defense's witnesses will include three doctors and several officers who investigated Savio's death in a case that should take two days, he said.

"It'll go smoothly and it'll go quick," Lopez said.

The lead prosecutor, Will County State's Attorney James Glasgow, declined to comment about the testimony or evidence as he left the Joliet courthouse Friday.

As during most of the trial, Peterson – who gained a reputation for off-color jokes and boastful arrogance before his 2009 arrest – appeared relaxed Friday. During breaks, he smiled and chatted with attorneys and spectators sitting near the defense table.

Savio's death was initially deemed an accident, and no physical evidence – fingerprints, hair or anything else – was collected at the scene. Her death was reclassified a homicide only after Peterson's fourth wife, Stacy Peterson, 23, disappeared in 2007. Drew Peterson is a suspect in Stacy Peterson's disappearance but has not been charged. Authorities presume she is dead, though her body has never been found.

Earlier Friday, Burmila did let prosecutors enter evidence that Peterson received evidence-technician training as part of his job as an officer. The testimony was meant to bolster their contention he was more than capable of making a murder look like an accident.

Brian Hafner, a record-keeper with Bolingbrook police, testified that Peterson took brief courses more than 20 years ago on compiling evidence. Under cross-examination, he conceded he didn't know what exactly was taught.

"I'm sure they taught something, but I would not know," he said, prompting laughter in court.

"Do you know if they taught how to stage an accident, how to clean it up?" defense attorney Steve Greenberg pressed Hafner.

"I have no idea," he responded.

Once prosecutors have rested, the defense is expected to ask Burmila to render a not guilty verdict before jurors even have a chance to deliberate. Such motions are common but rarely granted. But the uniqueness of the Savio case left experts wondering if Peterson's judge could plausibly grant it.

Prosecutors have no physical evidence or direct witnesses putting Peterson in Savio's house the day she died. They've had to rely on hearsay, or statements not based on the direct knowledge of a witness, from friends and relatives who testified that Savio told them Peterson warned her that he could kill her and make her death look accidental.

Such hearsay evidence is typically barred in American courts, but Illinois adopted a law in the wake of the Peterson case that allows it in certain circumstances. Defense attorneys have said that the law is unconstitutional and that they could appeal all the way to the U.S. Supreme Court.

If convicted, Peterson faces a maximum 60-year prison term.

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الأحد، 12 أغسطس 2012

Judge Weighs Evidence In 4-Year-Old's Alleged Beating Death

A little girl's shocking death was recently detailed before a Texas judge who was tasked with weighing evidence in the case.

"It wasn't supposed to happen like this. I love my daughter," Melanie Garcia sobbed in court, according to the Houston Chronicle.

The 21-year-old was testifying before Magistrate Judge Andrew Carruthers at a probable cause hearing in Bexar County on Thursday.

Garcia and her ex-boyfriend, Matthew Carrillo, 23, were both charged in May with injury to a child causing serious bodily injury in the death of Garcia's 4-year-old daughter, Kyla. Prosecutors said they are considering capital murder charges in the case.

Carrillo has been held since his arrest in the Bexar County Jail in lieu of $200,000 bail. Garcia was released from custody when she agreed to take a lie detector and to testify against Carrillo.

"She used to tell him that he was her best friend," Garcia said about Kyla's relationship with Carrillo, who is not the girl's father.

Garcia testified that she was walking with her daughter and Carrillo on May 6. Garcia said her former boyfriend was upset that her daughter walked slowly and became incensed when a meatball fell from Kyla's Subway sandwich.

When the trio made it back to their home in the 300 block of Laverne Avenue, Carrillo had Kyla remove her pants and underwear and had her brace herself against the couch, Garcia said. Carrillo allegedly hit Kyla, and when she fell down, he picked her up by one arm and dangled her in the air while he beat her with a belt, Garcia testified.

After making Kyla hold a phone book and a heavy box for an extended period of time, Carrillo allegedly slapped her and pushed her, causing her to strike her head on the ground.

A few hours after the alleged beating, an unconscious Kyla was taken to CHRISTUS Santa Rosa Children’s Hospital. The hospital staff was allegedly told the little girl fell out of a wagon. However, doctors examining the child found head injuries, bruising to her body, including her genitals, and a possible cigarette burn on her thigh.

The injuries were consistent with abuse, so police were notified and Kyla was airlifted to University Hospital's pediatric intensive care unit. Garcia and Carrillo were arrested the following day.

Kyla underwent emergency surgery and was placed on life support. She remained in the intensive care unit until her death on May 9. According to the Bexar County Medical Examiner's Office, Kyla died of blunt force trauma to the head.

According to Child Protective Services spokeswoman Mary Walker, the agency had investigated allegations of child abuse involving Kyla in March, shortly after her mother began dating Carrillo.

"A thorough investigation entailed," Walker said in a statement.

The spokeswoman said no evidence of abuse was found and drug tests administered during the investigation came back negative.

"Unfortunately, circumstances and situations can change dramatically in a short period of time and more often than not, we find that people are not always honest and forthright in the answers they give us," Walker said.

According to San Antonio's 1604 TV News, Garcia has a prior criminal record. She was arrested for drug possession in April 2009 and for a probation violation in May 2010.

During Thursday's hearing, Garcia blamed Carrillo for her daughter's death. She also said she had lied to hospital staff because she was afraid of him.

Carrillo's defense attorney, Anthony Miller, denied his clients involvement and suggested Garcia was trying to put the blame on him. Miller also asked Carruther's to order his client released from jail for lack of probable cause.

The judge denied Miller's request but did lower Carrillo's bond from $200,000 to $100,000.

According to mysanantonio.com, seven children have died of abuse or neglect in Bexar County since Sept. 1, 2011. The number does not include pending investigations, the website reported.

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