Jury convicts student in stabbing trial
Senior faces up to 12-and-half years for alcohol-related altercation
Nick Halter
Issue date: 4/10/08 Section: News
District Attorney Richard White cross-examined Peterson, quickly attacking the statement. He questioned Peterson's memory during those hours and asked him how he could be so sure he didn't stab Rud. After more questioning from White, Peterson replied "I do not believe I stabbed Mr. Rud."
White then asked Peterson if the two knives found at the scene were his. One was a grey Gerber knife found at the scene, police said. That knife had blood that matched the DNA of Rud, according to testimony by a forensic scientist for the Wisconsin Department of Justice. Luck testified that he was carrying a Winchester knife that Peterson gave him. Peterson responded to White, saying he had a knife that looks like the one White showed him, but didn't know if it was his. He said he hadn't seen the knife since the incident. After further questioning by White, Peterson said both knives were missing.
Peterson's attorney, Harry Hertel, questioned the forensic scientist and Eau Claire Police as to why certain pieces of evidence weren't also tested for DNA and fingerprints. Specifically, he asked Donn Adams of the Eau Claire Police, who questioned Peterson the morning of the incident, why a swab of blood taken from the thumb of Peterson was never tested. Adams had no answer.
White said in court that the defense could have requested that swab be tested - along with various articles of clothing from Luck, Peterson and Rud - but it never did.
Adams testified that Peterson responded three different ways when asked if he stabbed Rud during an interview with police that morning - that he positively did not, that he didn't know if he did, and that it could have happened.
Hertel questioned why photos of the Gerber knife, which Adams said was not touched prior to the photos, appeared to have been moved. Hertel pointed out that there was a twig lying over the blade in some of the photos however, in another photo the twig appeared to be missing.
Peterson faced a larger charge of aggravated battery with intent to cause great bodily harm but the jury convicted him of the lesser charge of reckless injury. White said he expected this because of the amount of alcohol consumed by all the people involved and that the maximum charge only drops from 15 years to 12-and-a-half.
According to police, the blood-alcohol levels of Luck, Peterson and Rud that morning were .204, .208 and .21, respectively.
White said it is important to remember that Rud almost died and Peterson's actions went beyond typical drunken behavior.
Rud said, after the verdict, that he was pleased with the decision of the jury.
"It feels like some weight's been lifted off my shoulders" he said.
Hertel asked the jury in closing not to compound Rud's tragedy with Peterson's.
Peterson is out on bond and is not expected to be sentenced until June.
White then asked Peterson if the two knives found at the scene were his. One was a grey Gerber knife found at the scene, police said. That knife had blood that matched the DNA of Rud, according to testimony by a forensic scientist for the Wisconsin Department of Justice. Luck testified that he was carrying a Winchester knife that Peterson gave him. Peterson responded to White, saying he had a knife that looks like the one White showed him, but didn't know if it was his. He said he hadn't seen the knife since the incident. After further questioning by White, Peterson said both knives were missing.
Peterson's attorney, Harry Hertel, questioned the forensic scientist and Eau Claire Police as to why certain pieces of evidence weren't also tested for DNA and fingerprints. Specifically, he asked Donn Adams of the Eau Claire Police, who questioned Peterson the morning of the incident, why a swab of blood taken from the thumb of Peterson was never tested. Adams had no answer.
White said in court that the defense could have requested that swab be tested - along with various articles of clothing from Luck, Peterson and Rud - but it never did.
Adams testified that Peterson responded three different ways when asked if he stabbed Rud during an interview with police that morning - that he positively did not, that he didn't know if he did, and that it could have happened.
Hertel questioned why photos of the Gerber knife, which Adams said was not touched prior to the photos, appeared to have been moved. Hertel pointed out that there was a twig lying over the blade in some of the photos however, in another photo the twig appeared to be missing.
Peterson faced a larger charge of aggravated battery with intent to cause great bodily harm but the jury convicted him of the lesser charge of reckless injury. White said he expected this because of the amount of alcohol consumed by all the people involved and that the maximum charge only drops from 15 years to 12-and-a-half.
According to police, the blood-alcohol levels of Luck, Peterson and Rud that morning were .204, .208 and .21, respectively.
White said it is important to remember that Rud almost died and Peterson's actions went beyond typical drunken behavior.
Rud said, after the verdict, that he was pleased with the decision of the jury.
"It feels like some weight's been lifted off my shoulders" he said.
Hertel asked the jury in closing not to compound Rud's tragedy with Peterson's.
Peterson is out on bond and is not expected to be sentenced until June.
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the road runner
posted 1/22/09 @ 12:36 PM CST
I had the displeasure of living in the neighborhood where Sam grew up and also worked with him for about year. Sam never learned to shut his mouth and always pushed things to the limit. (Continued…)
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