the judge in the drew peterson murder trial... rejects the defense's request for a mistrial. good afternoon. i am steve sanders. and i'm dina bair. we welcome our viewers who are watching us around the country on wgn america and on the web.

wgn's jae miller is live at the courthouse in joliet with details on the judge's decision. >>judge edward burmilia denied motion for a mistrial saying the prosecution did try to get in evidence that was excluded but not with the intent to cause a mistrial ... this came up yesterday when the second witness a former neighbor of kathleen savio ho was called to the stand ... the man was once called to assist her to move some belongings of drew peterson out of the house when there were going to marital problems and also to change the locks on her doors ... drew peterson did not like that and the neighbor testified that he once found a 38 caliber bullet on his doorstep and felt intimidated and threatened by peterson saying that he once told him that he " got the message " the defense claims that prosecutors devoted these defense into filing for mistrial

... it was looking quite tactical but the prosecutors claim that to say it was intentional was absurd so the judge denied the defense motion for mistrial ... jurors were instructed to strike out that testimony ... >>things still make impressions on people you can just turn this off ... judge burmilia told the jury to disregard the redirected questioning in testimony ... witness three has taken the

stand and a court trial has resumed it is well under way with more -- our legal analyst terry sullivan is here. there will be no mistrial >>and not today. >>the juror was instructed to ignore some of this explosive testimony yesterday >>this is kind of legal fiction the bullet is out there the jurors know that there was a bullet in the driveway and they confer it came from drew peterson but the judge in trying to correct the record told them to ignore this ... the one thing bad for the prosecution is that the judge went on further in reading his instructions to say that the prosecution did this deliberately when they knew it was inadmissible so whether or not a little bit attained against the prosecution will hang through the rest of the

trial we're only through two witnesses and has yet to be seen ... >>so will the judge be more strict on the prosecution ... >>by saying tainted i am wondering if the jury will find the remaining lineup of prosecution witnesses as credible ... i also sent a confusing that the judge said the prosecutors did this on purpose yet not with intent to cause a mistrial those are very strong words ... and especially what the defense has to motions for mistrial in today's and will remain there for purposes of appeal if drew peterson gets convicted ... >>was this a calculated gamble tactical to get this can it does

look like there was any downside ... and as it lay the groundwork for an appeal in peterson's defense? >>as i just said it does lay the groundwork for the appeal however whether or not this was tactical are calculated on the part of the prosecution it's plausible ... the case appears to be thinner than we first thought and the prosecution is trying to get everything they possibly can in and they're taking risks and chances and it might mean that this might not be as strong a case as they had hoped ... >>desperation on the part of the prosecution perhaps the the must be celebrating because there was some measure of success that they didn't call a mistrial the jury did get to hear this even though they're supposed to ignore this ... >>i think the prosecution dodge

a bullet to pardon the pun ... they are glad they came out of this where they are except for the fact that the prosecution court frankly may have wanted to start over again with a new jury if they did not like this one ... i'm not sure the defense pushed for the mistrial other than one for prejudice which would have dismissed the case altogether >>there is no downside to this they could have had a rebirth and started all over and what of had some practice with witnesses and could reformulate some of the strategy for the prosecution >>there's not too much downside to the prosecution however don't expect the circus atmosphere to subside no matter what the judge does to keep a handle on things ... >>is there anything you can

think of that would be strong evidence bore a strong witness for the prosecution >>there will have strong witnesses probably in the form of the medical examiner and thus expert witness testimony they will bring forward ... exhuming the body of kathleen savio may help medical examiner's reach conclusions on how she died or determine homicide this is something curious today tend to like to have that c s i evidence ... crime scenes are not always solved in a matter

of a one-hour television show neatly wrapped ... terry sullivan thanks for joining us. special coverage of the "drew peterson trial" on our 24 hour news channel, cltv tonight at 7:00 p.m. we'll analyze the day's testimony and activity in court. we'll also speak with experts and take your calls. it runs tuesdays through fridays. the man accused of killing a south side basketball star will be in bond court today. the tragedy once again focuses a spotlight on homicides across chicago. wgn's julian crews is at the cook county criminals courts building with a closer look: the bond hearing is set to get underway here at 26 and california there's certainly no consolation for the family and

as many friends of michael haynes as well as the relatives and countless shooting victims across chicago this year according to crime statistics there is evidence that some of the new police strategy might be getting traction in the chicago neighborhoods after a surge in violence with a new dip in the shootings >>off there's a four month trend of a 50% downward swing in shootings ... >>the police superintendent said he believes the tide is turning after last month's 11% drop in homicides compared to last year he is sad to see innocent people gunned down but the top cops as the gang violence reduction strategy is beginning to take hold with the police department increaseingly focused on the gangs ... >>we now know where to deploy resources better ...

>>the mayor has said all along that increased beat patrols are part of this response as he struggles to control-national publicity given the spike in murders here early this year one report calls chicago the murder capital of the world outpacing mexico city and oreo ... garry mccarthy dismisses this report ... he said you cannot look it two or three months of statistics alone the city in the community however does has to do more to help fix the underlying cause of crime >>we need to fix poverty education and family issues these are long-term things that governments cannot do alone >>many experts would agree ...

president obama signs a secret order authorizing support for syria's rebels. we'll have the details coming up. scientists say there are elevated levels of caffeine in the waters off the u.s. coast. how they say it got there. plus... what a federal court is ordering the tsa to do about its full-body scanners.

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the united nations says kofi annan has submitted his resignation as special envoy to the u.n. - arab league. this after he has has sought unsuccessfully for months to resolve the syria conflict. in the meantime, president obama has quietly signed an order approving american support for rebel forces in syria. the support does not include weapons for the rebels -- though some of america's allies are providing arms. while the white house has not commented on the secret presidential order the administration does say it will send an additional 12 million dollars in humanitarian aid. the official american position is that syrian president bashar assad must step down. congress has approved more economic sanctions against iran. negotiations over iran's nuclear ambitions have been going nowhere. so the house and senate passed a bill to stiffen penalties on banks that do business with iran ... companies that mine uranium for iran .... and companies that ship oil there. the goal of the new sanctions is to make iran unable to use

its oil revenues to pay for its nuclear program. afghan security forces launch a raid in kabul... killing five insurgents and wounding one. officials say they attacked a compound just after midnight. they claim the men were planning mass attacks across the city disguised in burqas. they also say the house was filled with rocket-propelled grenades and automatic weapons and three vehicles were loaded with explosives and vests packed with bombs. authorities claim the militants may have had ties to the haqqani network, which is allied with the taliban. elevated levels of caffeine have turned up in the pacific ocean off the oregon coast.. but not in spots where rersearchers expected it. the highest caffeine levels were found near a state park and cape lookout.. rather than near wastewater treatment plants, large population centers, or rivers and streams emptying into the ocean. the findings indicate wastewater treatment plants are effective at removing caffeine from the water.. but high rainfall and sewer overflows flush the caffeine out to sea. just ahead: a major recall involving toyota suvs... and

owners may be left waiting for a fix. and, still to come this midday: the tanning mom from new jersey says she's dropping the habit. we'll show you what she looks like now. and later in lunchbreak: he's the winner of the seventh season of food network star, jeff mauro is here with a state- fair-inspired 'chocolate cream cookie sandwich' iced coffee recipe!

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vehicles ... because of suspension problems ... customers will be notified by mail when the fix is in and repairs will be by the dealers at no charge first-time unemployment benefits filings were not as much as the market expected ... the labor department releases july employment figures tomorrow ... yahoo is being sued for a hacking incident last month ... 450,000 user names and passwords were sold ... a greener and larger terminal for corporate jets is opening at o'hare today that $300 million facility was built because the old terminal was located near the site of a new plan to runway ... fears a roof that reflects

solar heat and energy-efficient lighting will be installed ... immediate steps to boost the european economy and debt crisis were driving the markets today ... the tanning mom from new jersey has a new look. in may, patricia krentcil pleaded not guilty to child endangerment... after being accused of taking her five-year old daughter into a tanning booth. she says the girl's sunburn came from playing outside. krentcil was criticized for her extreme tanning habits. she recently agreed to avoid tanning for a month. this is what she looks like now. krentcil tells "in touch" magazine she does use a little self-tanner. but for the most part she's keeping a natural look... for now. we're going to check in with

will county court house reporter and listen to hear what the attorneys are saying ... >>i wonder why they call this witness ... we maintained was a household accidents true was not there ...... drew wasn't there... i can't figure out why the prosecution keeps calling these witnesses ... >>a mistrial is rare especially the second day of a trial that's unheard of but we are pleased with the instructions that the judge gave to the jury ... >>it wasn't as strong as we

wanted ... we are happy to get this case to the jury ... >>don't read into all of this ... too heavily. there will be lots of things that will be said we will just have to listen ... if the state violates the orders and rules of the court there will be another motion for mistrial ... one thing i want to say before we leave you might

notice how the last two witnesses really liked and drew peterson ... >>i don't want to read the judge's mind everything is up to the court ... if you listen to what mr. pontarelli said ... i am trying to grasp what the prosecution is trying to extract from his testimony ... that's joel brodsky saying he surprise that these prosecution witnesses might be proving the defense case that there might of been an accident ... and so the beat goes on we will continue following this case and have more news after

the break

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the faa is investigating a near collision in the skies outside washington d.c. three commuter jets narrowly avoided colliding in mid-air tuesday afternoon near reagan national airport. the washington post reports the three planes were operated by u.s. airways and were carrying 192 passengers and crew members. the faa says, due to bad weather, air traffic controllers switched landing and departing operations. miscommunication led to a loss

of required separation between the planes. a federal appeals court is ordering the t-s-a to hold public hearings on its controversial use of full- bodylast year, the transportation security administration was ordered to hold hearings... but nothing has been scheduled. justices ordered the agency to explain its lack of action and to hold the hearings by the end of the month. critics say the scanners are a threat to health as well as privacy... and may not even be that effective. a tsa spokeswoman says no hearings are planned before next year. going for the gold can be expensive for america's olympic athletes. michael phelps, the most decorated olympian of all time and all other u.s. medalists have to pay taxes on their medals and the cash bonuses that go with them. the u.s. olympic committee awards bronze medalists 10,000 dollars...at a 35% tax rate. the irs will take $3500 of that. silver medalists will have to pay back $5,250 out of their 15,000 dollar prize, while gold medalists will pay $8,750 dollars of their 25,000 dollar bonus. u.s. senator marco rubio has introduced a bill that would exempt the athletes from paying taxes on their medals.

the humidity is coming back

already ... >>we will be in the '90s moving closer to the all-time record for 90 degree-days in the season ... we are also looking at some strong thunderstorms coming saturday did you see the full moon last night? this person in mount prospect sent us a photograph ... and there was some lightning in the storm tuesday we have this picture ... and there's the be 24 liberator from executive airport in wheeling ... and a beautiful sunset at wrigley field this looks like there was divine intervention in that game i think of charlton heston with

that moses rod ... quite a photograph thank-you to all the photographers thanks to mother nature for a nice day today but it is getting warm out there with powerful storms sweeping to the north from wisconsin to michigan we will sharia a wind gust readings in a moment but they were clocking 70 mi. per hour ... there's a chance of scattered storms tomorrow he is building to the west not lots of lightning up north here is the doppler: the only place in the midwest that's what is up for michigan

the jet stream has storm clusters moving through that northern territory time and again this season most of the country is in serious drought ... many states declared agricultural disaster areas ... here are the regional midwestern temperatures: let's take a look at some of the temperature records yesterday: many in triple digits ... we're looking at the 70 mi. per hour plus wind gusts in michigan ... when these storms formed and the dakotas the wind it started out

there there has been modest cooling in the wake of these storms but not here in chicago temperatures are warming to 90 degrees currently it's 87 degrees at midway 86 degrees at o'hare ... we expect a light lake breeze coming to not those temperatures down a few degrees out the lakeshore we have moderate amounts of moisture the mold spores are high the grass and weed pollen as low ... and watch those sunburn * where your sunscreen will be needed

we are pushing 90 degrees at certain parts of the city and there's lots of sunshine ... we just learned from the illinois epa that an air pollution action day has been declared here this is the ninth action de declared this year we'll have five in all of last year and we are 10 days at 90 degrees away from the record set in 1988 for the most 90 degree days i think it's in the bag myself ... the rainfall is disappointing for the next seven days only with brief downpours the first

saturday night the coverage is so limited ... there heat advisories' downstate and to the west still red flag advisories' for wildfires ... tomorrow we will see 100 degree heat index readings we will be in the '90s with triple digits downstate for the regular temperatures we will see the fifth hundred degree day at o'hare tomorrow the record is 7 setback in 198824 years ago

high temperatures 94-95 degrees this afternoon tonight partly cloudy but moderately humid isolated thunderstorms ... tomorrow the he continues a mix of sun and clouds with breezes off the lake isolated thunderstorms are possible in the afternoon 94 degrees the high-temperature 90 at the southern beaches ... intense heat saturday mix of sun and clouds with thunderstorms likely in the late afternoon into the evening the warm spell next week will not be as extended its weaker time for today's trivia:

which u.s. president's image has been featured on an american coin the longest? a. george washington b. abraham lincoln c. thomas jefferson

at the olympics in london... more gold medals in swimming for the u.s. nathan adrian wins by one- hundreth of a second in the 100- meter freestyle... the womens 800-free relay also claims a gold. tonight is the final showdown between americans ryan lochte and michael phelps. they face each other in the 200- meter individual medley. lochte had the fastest time in qualifying, phelps third fastest. and its bronze for u.s. gymnast danell leyva in the men's all around. and here's a look at the medal count: china leads with 32 medals, including 18 gold. the u.s. has 31 medals, including 14 gold. and japan has 17 medals, with two gold. that's a look at sports. your live illinois lottery drawing is next. good afternoon. here are the winning pick three numbers: 0 4 4

join us tomorrow night for the mega-millions drawing at $20 million ... $181 million for the power ball jackpot sat. ... here are the winning pick four numbers today: 5 7 5 9

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i'm on break sweetheart. [ woman ] you know you don't have to put up with this. those annoying period symptoms. general pain relievers like advil, only treat cramps, but midol has three active ingredients to take care of that... and fatigue and bloating. because you deserve better. in medical watch.. an innovative new way to help teens deal with depression. researchers in new zealand have created a new video game

called "sparx". it uses a psychological approach known as cognitive behavioral therapy. the fantasy role playing game allows teens to adopt a warrior avatar and blast negative thoughts with fireballs.. while trying to save the world from sinking into pessimism and despair. the creators say they tried to make the game exciting for teens who are often reluctant to seek counseling and bored by well meaning advice. a new study finds sleep appears to help vaccines work. researchers focused on the immune response to the hepatitis b vaccine in healthy adults. they report, people who slept less than six hours a night on average were nearly 11 times more likely to be unprotected after the vaccine than those who slept more than seven hours. the researchers stress that they found a link.. not cause and effect. up next: for today's lunchbreak celebrity chef jeff mauro is here with a state-fair-inspired 'chocolate cream cookie sandwich' iced coffee recipe!

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we're learning about the reddit cup showdown cup showdown... ... we are going around the country next week friday at eight dirty thirty we are looking for a state fair inspired food ... all kinds of

great contests for apple pie and we hope to trump the deep fried stuff like the corn dogs and the bacon and the grilled cheese sandwiches and nietzsche's kurds the cheese curds you can go to the seattle's best coffee facebook page for this recipe because ... for today's lunchbreak celebrity chef jeff mauro is here with a state-fair-inspired 'chocolate cream cookie sandwich' iced coffee recipe! you can keep this in your refrigerator for a few days ...

this is vanilla coffee ... you can go from mild to robust but pick a strong coffee flavor for this recipe we had some half and half and chocolate syrup ... the secret to any great iced coffee is that sweet condensed milk ... you are not adding fat just pure texture and sweetness ... we mix this ... everything is

combined ... and we pour this over ice ... and we need that whipped cream ... going to all of the state fares you learn that the calories are not something they watched carefully ... but you do lots of walking to burn that off ... >>i'm tasting this and it's

really creamy and not very sweet surprisingly ... >>you can go to these state faresirs go to the red cup trailers they're giving away some free samples >>this is a good summer time coffee break >>people are looking for something new in this department >>the winner will win $500 and the grand prize finale in new york city will be $10,000

if you go

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time now for the answer to today's trivia question. we asked: which u.s. president's image has been featured on an american coin the longest? a. george washington b. abraham lincoln c. thomas jefferson the answer is b - abraham lincoln. on this day in 1909 the lincoln head penny was first issued. ....and we have a weather update: it's warm out there ... we have had big storms trekking across wisconsin and michigan overnight there may be an isolated storms developing and the chicago area ... the clouds

will pop up tomorrows afternoon with unstable air and there could be an isolated thunder shower tomorrow night ... late saturday we warm up big time ... speaking of saturday we have blast furnace heat and there will be a front coming later in the afternoon scattering of thunderstorms ... we will be getting much cooler tomorrow ... but on sunday

things will finally cool down after the big storm saturday afternoon we will be at 85 degrees on monday and warm up again briefly next week ... not a lot of rain in the long term forecast thanks for joining us today. we hope you have a great afternoon. remember we are back at 5:00 this evening and again at 9:00. before we go, we leave you with more music from blues artist michael charles. he's on stage this friday at rosa's lounge at 3420 west armitage avenue.