Parts Of Testimony Stricken, But Request For Mistrial Denied

Defense attorney Tom Maher questioned James Rose, an emergencymedical technician, about differences in two statements Rose made, onefrom the night of the death Dec. 9, 2001, and a second three dayslater.

Rose said he had never been asked to give a second statement inhis 15 years of work as an emergency responder.

"The investigative officers asked if I could be more detailed in my script about what I saw and heard and about what I had done," Rose said.

Maher asked if Rose had been asked to detail dried blood on the scene. Rose responded that the investigators weren't that specific.

When Rose's partner, Ron C. Paige, testified, questions again centered on blood at the scene, whether it had dried and where the EMTs had stepped or placed their gear around Kathleen Peterson's body.

"I saw a body and I saw blood, lots of blood," Paige said under cross-examination by Maher. "As far as me looking at the blood, it appeared dry. At no time did I touch the blood or see if the blood was wet or whatever. It just appeared to be dry, and I've seen a lot of dried blood in my life."

Given a second chance to question Rose, District Attorney JimHardin asked him how long Kathleen Peterson had been dead before hearrived at 2:41 a.m. Rose estimated 30 to 45 minutes.

The defense objected, and Hudson excused the jurywhile Rudolf questioned Rose about what evidence he used to makethat determination.

Rose cited Peterson's dilated pupils, pale skin and the amount of blood.

"So you're guessing?" Rudolf said.

"I'm going off my experience," Rose said.

"So you're guessing," Rudolf said.

"An educated guess," Rose said.

Hudson granted Rudolf's objection, striking Rose's opinion on time of death from the record and instructing the jury to disregard that statement from his testimony. Hudson also denied Rudolf's request for a mistrial.

Peterson, a novelist and former newspaper columnist, isaccused of first-degree murder in the death of his wife Kathleen, atelecommunications executive. He could be sentenced to life inprison without the possibility of parole if convicted.

In his opening statement Monday, Hardin alleged that Mike Peterson, 59, killed his wife because the couple had financialdifficulties and he wanted to collect a $1.4 million insurance policy that she had through work.

Hardin said Peterson feared she would lose her job at Nortel Networks and wanted the couple's assets for himself. He also hinted that a blow poke, a long metal fireplace tool, disappeared from thePetersons' 10,000-square-foot home the day Kathleen Peterson diedand could be the murder weapon.

Rudolf said there were no financial difficulties because thecouple had nearly $2 million in net assets.

Rudolf said Kathleen Peterson died from a fall after a night ofdrinking and lounging at the couple's home.