JOLIET, Ill.—For the third time in three weeks, there’s a motion for a mistrial in the Drew Peterson murder trial.
Judge Ed Burmilla is considering it after a day of explosive testimony.
Prosecutor Kathleen Patton was instructed earlier Tuesday not to ask the former Bolingbrook Police Officer Kernc if Kathleen Savio wanted an order of protection. After lunch one of the first questions Patton asked was, "Did she ask you for an order protection?"
The defense is asking for a mistrial with prejudice. If that were the ruling, Peterson would be released and not tried again.
The judge will decide on the motion Wednseday morning.
Earlier, Kernc testified that she went to the home of Kathleen Savio in 2002 to take a domestic incident report.
Kernc said that once Savio told her that on July 5, 2002 as she was coming down her stairs with laundry, she was confronted by Peterson.
"She saw the defendant in a swat uniform wearing black leather gloves, he pushed her back on the stairs and told her she was a mean bitch," Kernc said, adding that Peterson kept her on the stairs for 3 1/1 hours.
She said Savio finally told him, "Why don't you do what you came her to do. Kill me."
Kernc says that Peterson pulled out a knife but then said he couldn't do it.
Also on Tuesday, forensic pathologist Dr. Christopher Long discussed the toxicology results on Kathleen Savio's body.
He said in a test in 2007, traces of methadone, amphetamines, and the base compound in aspirin were found in her body. But, he said that's common in older human tissue because those chemicals are the natural byproduct of decomposition.
He also testified her liver didn't contain anti-depressants, drugs or other toxins that caused or contributed to her death.
"You can't have a homicide conviction unless you can put the alleged perpetrator and the victim together at that or near the time of death, so they haven't been able to come close to doing that," said Peterson's attorney Joel Brodsky.
The Chicago Tribune also contributed to this report.