“Look at the gash in the back of her head — it's a big as the Grand Canyon,” he shouted. “You could stick your fist in there! Don't you think that could have knocked her out?”
His hyperbole elicited groans from the gallery in the overflow room.
Lopez said the bottom line is that the hearsay testimony is meaningless if the state can't even prove her death was not an accident.
“You know what, if they can't prove it's a homicide, who cares what (Pastor Neil) Schori says, who cares what (divorce attorney Harry) Smith says, who cares what Anna Doman says? It's gotta be a homicide, and they can't prove it.”
1 p.m. Sister made up testimony, Lopez says
At the coroner's inquest after Dr. Bryan Mitchell's autopsy, Kathleen Savio's sister Sue Doman made no mention of the alleged threats Drew Peterson made to kill Savio and make it appear accidental, defense attorney Joe Lopez said.
“What do you think about that?” Lopez asked jurors. “Wouldn’t that be the first thing out your mouth? 'He killed my sister, how could you rule it’s an accident?' (But) she said nothing. You know why? Because she made it up later.”
Further, the state police never questioned Peterson about whether he murdered Savio.
“They never asked him, 'Hey, did you kill your wife?' No, they never asked him. And you want to know why? It's because they knew it was an accident.”
Lopez moved again to the initial autopsy performed by Mitchell in 2004, saying that they found no evidence of injury to the diaphragm — a finding later disputed by Dr. Michael Baden.
“Even their own experts, I told you before, can't agree whether the glass is half empty or half full,” Lopez said. “That's reasonable doubt.... Their own experts can't agree.”
12:45 p.m. 'It's an accident'
Joe Lopez urged the jury not to put too much stock in the statistic that only 1.6 people per million drown in a bathtub.
“It's a 1.6 in 1 million people. You know what, people win the lottery with worse odds than that. It happens.”
He hammered on the fact that the state police investigators and the deputy coroner all agreed that her death appeared accidental and there was no sign of foul play or forced entry at the home.
“Everybody that was there classified it as an accident, except the state wants you to classify it as a murder. It isn't -- it's an accident.”