The bruises and abrasions, the blood on her diaphragm, none of it could have been caused by a fall in the tub, he said.
As for when she was killed, Glasgow that the extent of rigor mortis showed Savio died 36 to 48 hours before her discovery -- a time frame that includes the period of time Stacy Peterson said she found Drew Peterson missing from their home.
2:50 p.m. Glasgow responds to forensic experts
During the sidebar, State’s Attorney James Glasgow said he would pursue a different line of argument, and the jury was brought back into the courtroom.
Glasgow continued, not with an impassioned, emotional argument, but rather a point-by-point rebuttal of the defense's forensic experts.
“You heard Mr. Lopez tell you that he found the manner of death was accident,” Glasgow said. “That's not true.”
When Glasgow explained that the initial autopsy report by Dr. Bryan Mitchell determined only the cause of death was drowning, but did not rule on whether it was a homicide, the defense objected that the autopsy was not admitted to evidence.
Judge Edward Burmila sustained the objection.
Glasgow turned to the tub, saying the defense experts are wrong when they say Kathleen Savio could have fallen with enough force to knock herself unconscious.
“You saw the tub in this case. It’s 40 inches long and 22 inches wide,” he said. “Use your common experiences in everyday life — with a 44-inch tub and a 5-foot, 5-inch tall woman.”
Savio, he said, was a healthy woman at the time of her death, who was not under the influence of drugs or alcohol according to the multiple autopsies which found no trace of medication or illicit substances.
The defense experts, when confronted with evidence of injury that doesn't fit the defense theory of a slip-and-fall, simply explain the apparent injury as an “artifact,” or product of either the handling of the body or the byproduct of decomposition, Glasgow said.
“They can't explain the abrasion on the buttocks, it's gone,” he said, snapping his finger. “It's an artifact.”
2:35 p.m. Rebuttal halted; jury sent out
James Glasgow opened by countering:
“All you heard during the defense closing was that his was a slip and fall accident,” Glasgow said. “But you know much better than that.”
Glasgow brought out the certified copy of Kathleen Savio's death certificate.
“All this is is a statistical...”
“Objection,” defense attorney Joel Brodsky shouted.