Friday, August 3, 2012

Judge : No Mistrial In Drew Peterson Murder Trial.

A  judge said Thursday that he believed Drew Peterson could receive a fair trial in his murder case, but not before chiding prosecutors for entering inadmissible evidence and criticizing them in front of jurors.

Testimony resumed with paramedics and a locksmith shortly after the resolution of the in-court legal drama, which came close to ending the high-profile trial before it had barely begun.
The 58-year-old Peterson is charged with first-degree murder in the 2004 death of his third wife, Kathleen Savio, whose body was found in a dry bathtub. He also is a suspect in the 2007 disappearance of his fourth wife, Stacy Peterson, but has never been charged in her case.
On Thursday morning, Judge Edward Burmila instructed jurors that a prosecutor had asked a question Wednesday "she knew would elicit an inadmissible response." Thomas Pontarelli testified Wednesday that he found a bullet in his driveway and believed Peterson put it there to intimidate him.

But Burmila, who angrily told prosecutors Wednesday he was leaning toward wiping out everything Pontarelli said, backed off.

"The court believes that the defendant's ability to receive a fair trial is not extinguished at this time," Burmila told attorneys before bringing the jury back and instructing them disregard the last few minutes of Pontarelli's testimony.

It was the latest legal hurdle of many in a saga that stretches back nearly a decade. A botched initial investigation left prosecutors with no physical evidence. Savio's cause of death wasn't changed from accidental to a homicide until her body was exhumed in 2007. And prosecutors have been forced them to rely heavily on normally prohibited hearsay....read more


http://onlineathens.com/breaking-news/2012-08-03/judge-no-mistrial-drew-peterson-murder-case

Drew Peterson: Breaking News On The Peterson Murderson Trial.

http://www.breakingnews.com/topic/drew-peterson-murder-trial-kathleen-savio-death

Drew Peterson, seen in this May 2009 booking photo, is charged with murder in the drowning death of his former wife Kathleen Savio. (Will County Sheriff's Office / AP, file)
 
Drew Peterson, seen in this May 2009 booking photo, is charged with murder in the drowning death of his former wife Kathleen Savio. (Will County Sheriff's Office / AP, file)
Drew Peterson, a former suburban Chicago police officer is charged with killing his 3rd wife, Kathleen Savio, in 2004. Her death was ruled an accident until police began investigating the 2007 disappearance of his 4th wife, Stacy Peterson. - AP

Tuesday, July 31, 2012

Tuesday, May 22, 2012

Adam Kaufman : Motive For The Murder - Kaufman Was Having An Affair.

The real estate developer accused of murdering his wife was having an affair with another woman, prosecutors said in court today, on the same day the medical examiner testified that strangulation by another person was the cause of death.
The murder trial of Adam Kaufman, from Miami, resumed today with prosecutors introducing a motive for the murder of his wife Lina Kaufman, who he is accused of strangling to death.
Kaufman claims his wife had a heart defect and that he woke up on November 7, 2007, and found her unconscious in the bathroom, with her neck draped over a magazine holder.
Today: Adam Kaufman shook his head as prosecutors accused him of having an affair while his wife was alive
Today: Adam Kaufman shook his head as prosecutors accused him of having an affair while his wife Lina was alive
Eleonora (Lina) Kaufman pictured here on her wedding day was allegedly found unconcious on the bathroom floor in November 2007 by her husband Adam. He is standing trial for her murder in Miami-Dade
Eleonora (Lina) Kaufman pictured here on her wedding day was allegedly found unconcious on the bathroom floor in November 2007 by her husband Adam. He is standing trial for her murder in Miami-Dade
He earlier blamed her death on an extreme allergic reaction to a spray tan she had done the day before for the first time.
But Chief Medical examiner Dr Bruce Hyma returned to the stand today and testified that he was convinced 'to a medical certainty' that Lina Kaufman died from 'mechanical asphyxiation' applied by 'another person or persons'.
He said the deep strangulation bruising on Lina Kaufman’s neck could not have been caused by the flimsy magazine holder.
Earlier in the day, state Attorney Bill Baldwin told Judge Browyne Miller of Kaufman's alleged affair and his behavior soon after his wife's death: 'Here, he's asking this girl out with his dead wife's wedding ring on his finger, a month later.
 

'By January, February, they're having regular sex. He was not exactly devastated by his wife's passing. I mean, the best analogy I can think of is when Casey Anthony getting a tattoo.'
The defense balked at the prosecution's allegations, according to Local 10.com.
'This takes the cake,' said attorney William Matthewman. 'What is the possible relevance of this testimony? There is none.
'There is absolutely no evidence of any impropriety during this marriage, any marital infidelity during this marriage, on either side.
'Adam is still wearing his wedding ring. He has to be forced to go out.'
Emotional testimony: Rina Azulay said her friend was fit and healthy and never had any medical problems
Emotional testimony: Rina Azulay said her friend was fit and healthy and never had any medical problems that she was aware of

Tears: Melissa Fedowitz wept as she described Lina as a 'one in a million, strong, happy, vibrant friend'
Tears: Melissa Fedowitz wept as she described Lina as a 'one in a million, strong, happy, vibrant friend'
The prosecution then admitted they had no evidence that Kaufman was unfaithful to his wife prior to her death.
Two of Lina Kaufman's closest friends also told the court that she was a specimen of good health and never complained of shortness of breath or chest pains.
Melissa Fedowitz wept as she described Lina as a 'one in a million, strong, happy, vibrant friend.'
In the afternoon, Dr John Stollar, the emergency room physician who treated Lina when she got to hospital, told the court when asked what his preliminary diagnosis of how she died was.
'Perhaps she had a broken neck, perhaps she was strangled, perhaps she was hung,' he said.
Last week, the Florida court listened to the dramatic 911 call made by Kaufman on the night of November 7.

'Oh my god - I don't know what is going on,' he is heard saying. 'I don't know what happened. She's on the floor dying. She's not breathing.'
Adam Kaufman (left) with attorney Al Milian, in a Miami-Dade court during beginning arguments in his second degree murder trial
Adam Kaufman (left) with attorney Al Milian, in a Miami-Dade court during beginning arguments in his second degree murder trial
The prosecution allege that the call occurred moments after Kaufman strangled his wife to death at their Aventura, Florida, home.

Wiping tears away from his eyes as he sat in court, Kaufman watched as the prosecution showed the jury pictures of his wife's body covered in cuts and abrasions, which they said were not there hours before her death.
The prosecution acknowledged that it took state medical examiners 18 months to issue a finding that Lina Kaufman's death was murder, but Mansfield said that was due to all possible alternatives being considered.

Adam Kaufman, 39 (left) claims that he found his wife collapsed onto the magazine rack seen in the right picture in the couple's Aventura, Florida, home
Adam Kaufman, 39 (left) claims that he found his wife collapsed onto the magazine rack seen in the right picture in the couple's Aventura, Florida, home
Adam Kaufman, 39 (left) claims that he found his wife collapsed onto the magazine rack seen in the right picture in the couple's Aventura, Florida, home
The defense team for Kaufman told the jury that Lina Kaufman was cursed with fainting episodes and also had significant scarring on her heart, which could have been the cause of her collapse.
They also concluded that the injuries to the mother-of-two's neck were the result of falling and hitting the magazine rack in the bathroom.

'This case is a tragedy of errors. An innocent man was charged with a non-existent crime, this is a prosecution in search of a crime,' said Matthewman.
The prosecution is expected to wrap up its case tomorrow.
Judge Bronwyn Miller listens to an attorney in opening arguments in the second degree murder trial of Adam Kaufman
Judge Bronwyn Miller listens to an attorney in opening arguments in the second degree murder trial of Adam Kaufman

Joseph Mansfield, Assistant State Attorney, (left) gives an opening argument in the trial of Adam Kaufman as Bill Matthewman, attorney for Adam Kaufman, (right) listens
Joseph Mansfield, Assistant State Attorney, (left) gives an opening argument in the trial of Adam Kaufman as Bill Matthewman, attorney for Adam Kaufman, (right) listens
Joseph Mansfield, Assistant State Attorney, (left) gives an opening argument in the trial of Adam Kaufman as Bill Matthewman, attorney for Adam Kaufman, (right) listens
The death of Lina Kaufman came to national prominence when her husband was charged with her murder in 2009, 18 months after her death and only when Kaufman complained to the medical examiner's office about the amount of time spent on the investigation.

Appearing in court in 2009, the property developer's defense initially hinged around a spray tan the day before her death, Lina's first ever, which was claimed caused her to have a massive allergic reaction according to NBC Miami
However, the prosecution have been dismissive of this claim and that of Lina suffering from a bad heart.

'Under the laws of science, it's impossible to have happened either way the defendant suggested it happened,' said Mansfield.
Adam and Lina Kaufman pictured on a family holiday were said to have had a happy marriage according to friends and family
Adam and Lina Kaufman pictured on a family holiday were said to have had a happy marriage according to friends and family
Opening the case by playing the distressing 911 call, Kaufman was heard hysterically screaming that his wife is not breathing.

The prosecution alleged that the information Kaufman gave on the call was that of a calculating man beginning to cover his tracks.

'Lina had a bad heart,' countered defence attorney Bill Matthewman.

'You will hear no motive. No evidence of a motive whatsoever.

'No life insurance. No financial crimes. No affairs during the marriage on behalf of Adam or Lina.

'No neighbours heard any arguments.'

Under house arrest with his two children since 2009, Kaufman is supported by his wife's family and her mother will testify to the court that her daughter 'suffered from seizures, from fainting, from headaches.'

It was on November 6, 2007, that Eleonora 'Lina' Kaufman received her first even spray tan, went to see a girlfriend who looked at the work and noted at the time there were no bruises on her body.

Then at 6am on November 7, a frantic sounding Kaufman phoned 911 to report his wife's death, in a phone call which lasted more than 15 minutes.

'Oh God! Oh God! Lina,' cried Kaufman as he was instructed to give his wife CPR.

During the trial, the jury heard from Dr Tracy Baker, a plastic surgeon who had performed breast-implant surgery on Lina Kaufman.
Adam Kaufman is introduced by his defence team as a proud father and as a distraught widower on the day the 911 call he made to report discovering his wife on their bathroom floor was played to the court
Adam Kaufman is introduced by his defence team as a proud father and as a distraught widower on the day the 911 call he made to report discovering his wife on their bathroom floor was played to the court
He told told the court that he knew Lina to be fit and to work out two to three times a week and that during his examination of her never found any heart symptoms.

The court also heard from Larissa Adamyan, Lina's best friend who said that she had seen her friend have at least one fainting spell.

'She was dizzy, she called me. She was dizzy and on the floor,” said Adamyan according to CBS Miami
The police first became suspicious of Kaufman after one officer noted that his Mercedes-Benz was warm on the hood and was making clicking sounds as though it had just been driven when they arrived at his house on the night his wife died.
Adam Kaufman turns to speak to his identical twin Seth during the trial in Miami
Adam Kaufman turns to speak to his identical twin Seth during the trial in Miami
In addition, two firefighters who arrived at the scene told the court that it was suspicious to them that Kaufman was dressed and that only one side of the pair's bed appeared to have been slept in.

The defense dismissed this as pure speculation and even went as far as to say that the emergency workers could have mistaken Kaufman's identical twin Seth, who lived down the street and had come to the house that night, for his brother.

Lt Michael Castro reported that Kaufman told emergency workers that he found his wife slumped over a toilet like she had been vomiting.
In happier times Adam and Lina Kaufman are pictured on the beach near to their Florida home
In happier times Adam and Lina Kaufman are pictured on the beach near to their Florida home
The firefighter said that Kaufman changed his story at Aventura Hospital and said that he found his wife's neck resting on the magazine rack.

He also added that he was wary of Kaufman's 'odd' behaviour that shifted from calm to angry.

'It was almost like an act,' said Castro.

The defense have hired Dr Michael Bodden, the former medical examiner for New York City to debunk the prosecutions claims.

'The investigation underlying this case was biased, incompetent, flawed and inept,' said Matthewman.

Currently free on bail of $500,000, Kaufam could be sentenced to life imprisonment if he is convicted.


Read more: http://www.dailymail.co.uk/news/article-2148252/Spray-tan-trial-husband-Adam-Kaufman-killed-wife-having-affair.html#ixzz1vcqULESd

Adam Kaufman : 'Spray Tan Trial' Why The Delay ?


 
 
The chief medical medical examiner for Miami-Dade County, Florida, said this week it took him about a year and half to investigate Lima Kaufman’s cause of death because he wanted to be sure.

Kaufman died in November 2007. Her husband, Adam Kaufman is on trial, accused of killing her. The case made national headlines in 2009 when Kaufman's defense suggested she died from an allergic reaction to spray tan.

Get caught up: Cop in ‘spray tan’ trial testifies about affair

On Monday, Dr. Bruce Hyman told the jury he suspected homicide from the beginning, but wanted to rule out other possibilities before making his determination. 

“I was concerned that this was a mechanical asphyxiation right from the start,” said Hyma. The forensic pathologist has performed or supervised 10,000 autopsies over the course of his career. “I clearly understood what was at stake here and I didn’t want to rush to judgment,” he said.

Hyma said Lina Kaufman suffered several injuries that led him to conclude she was strangled, including:
  • Ruptured blood vessels in her eyes
  • Linear scratch on the right side of her chin
  • Abrasion under the chin
  • Internal bleeding in the right and left muscles of the neck
  • Bruise under her left elbow
  • Bruise on top of her left shoulder
During opening statements last week, the defense made no reference to the spray tan theory, and instead blamed the death on an undiagnosed heart problem that caused fainting spells.
Hyma told the jury that testing on Lina Kaufman’s heart revealed a scar, but said there weren’t any flaws in her heart that played a role in her death.

Hyman was expected to continue his testimony Tuesday morning. In Session on truTV is covering the trial live, and coverage begins at 9 a.m. ET.


http://www.hlntv.com/article/2012/05/22/raw-why-did-it-take-so-long-determine-cause-death-spray-tan-trial

Saturday, May 19, 2012

Drew Peterson : Kathy Savio And Her Unanswered Cries - Kathy Was Drew's Third Wife.

Kathleen Savio
The third wife of Bolingbrook, Ill., police sergeant Drew Peterson, Savio, 40, was discovered by neighbors in her home in an empty bathtub with a 1-inch gash on the back of her scalp in 2004. Savio and Peterson were divorced, but the details of the divorce settlement were weeks away from being finalized when she died. Her death originally was ruled an accidental drowning, but authorities later said it was a homicide staged to look like an accident. Peterson is now in jail on murder charges in the death, and has pleaded not guilty.  Show more »


by David Murray

Kathy had repeated contacts with the Bolingbrook police, however. In response to inquiries from reporters, the department released a list of 19 calls for service, over about two years, starting in February of 2002; most involved minor disputes over visits with the children—they had what Smith, the lawyer, calls "traditional joint custody," giving Drew the kids every other weekend and some weekdays—but several confrontations turned physical. Twice Kathy had been reported for domestic battery, but charges were eventually dropped and the record was expunged. At the very least, the complaints show two people willing to go to great lengths to torment one another.

On March 11, 2002, Kathy filed for an emergency order of protection, which was granted by Will County Circuit Court judge Jeffrey Allen. Kathy wrote on the petition that Drew had threatened her over the phone and later had run after her. "[Drew] wants me dead," she wrote on the petition, "and if he has to he will burn the house down just to shut me up." But on March 19th Drew's attorney filed a motion to reopen the order, and on March 22nd it was dismissed. Anna says Kathy reluctantly let the order drop because she was concerned the legal action would impinge on Drew's livelihood, on which she and her children still depended.

Several months later, on July 5th, an incident between Kathy and Drew came to the attention of the state's attorney's office. By then, Drew had moved to another house in the same subdivision. Their versions of what took place differ, as recorded in a Bolingbrook police report. By Kathy's account, she came down the stairs one day carrying a basket of laundry and Drew surprised her: "He pushed her backwards, causing her to sit on the stairway," the report says. "He told her not to move and when she tried to get up he pushed her back down. . . . He asked her if she was afraid and she told him she was. She finally told him to go or do what he came for, kill her. He said, OK, where do you want it. She told him in the head. He took out his knife but then said he could not hurt her."

As recounted in the same report, Drew maintained that Kathy had invited him over to talk, and he denied he had carried any weapons. He said they met on the stairway and sat on the stairs, talking. "They discussed the divorce, the children, what had gone wrong, etc. for approximately three hours. They cried, hugged, and Kathleen tried to kiss him, but he did not kiss her. She exposed her breasts and pubic area to him and asked if he missed this at all. . . ."

The Bolingbrook police submitted the report to the office of the Will County state's attorney, who at the time was Jeff Tomczak, a Republican political ally of Roger Claar (and a passing acquaintance of Drew). Kathy told her sister Anna that the state's attorney's office did nothing to help. Bolingbrook's current police chief, Ray McGury, thinks the state's attorney's office decided not to pursue the July 5th incident because Kathy had waited almost two weeks after it happened before reporting it to the police.

In November that year, Kathy frantically wrote Elizabeth Fragale, an assistant state's attorney under Tomczak: "On three different occasions I have tried to reach you over the phone," Kathy wrote. She went on to describe a number of physical and verbal altercations involving her, Drew, and Stacy, and she said of Drew, "He knows how to manipulate the system, and his next step is to take my children away. Or kill me instead. . . . I haven't received help from the Police here in Bolingbrook, and [am] asking for your help now. Before it's to late [sic]. . . .  Please return my call, or write with answers to my questions."

Fragale, now a prosecutor for Illinois attorney general Lisa Madigan, and Tomczak, who now runs his own law firm in Joliet, won't discuss their response to Kathy's pleas. A spokesman for the current state's attorney, Jim Glasgow, says the office has been unable to find any documents indicating how the letter and the police report were addressed. Anna, who helped Kathy write the letter, says Kathy got no response from the state's attorney. Smith, who advised Kathy throughout her separation and divorce proceedings, said the state's attorney's office invited them to come in once for what he characterized as a cursory interview that was never followed up on.

(Kathy sent a copy of the November letter to Walter Jacobson, then a Fox News Chicago anchor. A separate cover letter argued that her story was not "your typical domestic" dispute, but a story about "corruption in Bolingbrook, and Will County." Jacobson says he can't recall getting the letter.)

At one point, Kathy appealed directly to the Bolingbrook chief of police for help. She had come to know Mike Calcagno during her marriage to Drew, and considered him a friend. "If anything happens to me," she told Calcagno, according to her sister Sue, "it's because Drew's killed me." Though there was an internal Bolingbrook PD investigation in conjunction with the July 5th incident, Calcagno did not officially discipline Peterson for that incident nor for any other matters relating to Kathy, and it's not known whether or how he took things up with Drew unofficially.

Now retired, Calcagno told Chicago that it would be "inappropriate" for him to say anything about the case with an investigation ongoing. He said that he took Kathy's warnings seriously enough to give her his cell phone number. He added, with his voice full of emotion, that she was "a beautiful person."

Why didn't Mayor Claar dress down the sergeant personally for the ruckus he and his wife were causing in their Bolingbrook subdivision, the way he had confronted Drew about his affair with Stacy? Boan, the village attorney, says that the mayor "had no knowledge at the time about the number of [911] calls that were placed to dispatch by these individuals."
Drew Peterson offered Chicago another theory: The mayor sympathized with him because "Kathy was known as a hellcat." Drew recounted a public event in the 1990s where a drunken Kathy leaped onto Boan's lap and kissed the mayor. Boan and Claar say they don't recall this incident. At any rate, the mayor concurs with Drew's assertion that, when it came to his noisy, lengthy dispute with his third wife, "Not a word was said" to him by the mayor.

Drew's attorney, Joel Brodsky, has his own theory as to why no official intervened in response to Kathy's many cries for help: In his experience, Brodsky says, it is not unheard of for women going through divorces to claim their husbands are trying to kill them. Brodsky adds an old divorce attorney's saw: "In criminal cases, you have very bad people acting very good—'Yes, sir,' 'No, sir.' In divorce cases you have very good people acting horribly."
Veteran Chicago divorce attorney Tracy Rizzo agrees that often people going through a divorce are hysterical, but as to whether they accuse a spouse of trying to kill them, she says, "Absolutely not."


http://www.chicagomag.com/Chicago-Magazine/May-2008/Unanswered-Cries/index.php?cparticle=3&siarticle=2