| Rebuttal Case |
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John D. Butts, chief medical examiner, forensic pathologist
Testified Kathleen Petersons injuries were not consistent with a fall down the steps.
Said the number, location, and appearance of the wounds which included multiple blunt force impacts and a concussion -- were consistent with inflicted trauma, like a beating.
Testified he doesnt remember having any fall cases with lacerations like Kathleens.
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Saami Shaibani, injury mechanisms expert
Testified the scenario presented by the defense that Kathleen Peterson fell "doesnt add up."
Said he tested real people of similar stature of the victim and that his results were inconsistent with the defenses theory.
Following the presentation of the letter from Temple University, the judge instructed the jury to disregard his testimony in its entirety.
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James McElhaney, injury biomechanics expert
Contradicting defense expert Faris Bandaks opinion, said Kathleen Petersons injuries were inconsistent with a fall but consistent with a beating from a blunt weapon.
Cited examples of the location, length, number, direction, velocity, amount of energy associated with the injury that are inconsistent with a fall and more consistent with a beating.
Said her injuries indicate a light instrument -- like a blow poke -- hit her head.
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Lori Campell, Kathleen Petersons sister
Last saw the victim during a visit from July 9 to 13 in 2001; her sons and mother were also with her.
Said her 5-year-old son Eddie was picking up and swinging around the blow poke, which had been standing on the right side of the fireplace.
During cross-examination, was presented with pictures of the Peterson fireplace before the period of her visit as well as a video from Christmas 1999 and neither showed the blow poke.
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Ruth Brown, property custodian, Durham Police Dept.
Testified she was on duty when the defense went to the Police Dept. to review the states evidence in October 2002.
Said that all the evidence was taken to a conference room for lawyer David Rudolf and investigator Ron Guerette to view.
Testified that she kept a list of all the evidence Guerette specifically asked for, and that the prosecutions replica blow poke was not on that list.
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Det. Art Holland, lead investigator, Durham Police Dept.
Testified as a rebuttal witness that on three separate occasions he and a team of officers searched every area of the house numerous times -- including the garage -- but none saw a blow poke.
Cited differences between the poker presented by the defense and the replica presented by prosecutors.
Conceded on cross that he never noticed fireplace tongs outside the house that had been there throughout the searches.
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| Case in Chief |
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Dr. Deborah Radisch, performed autopsy on Kathleen Peterson
Performed an initial exam.
Found dried blood beneath her fingernails and pine needles stuck to her fingers.
Said there were blunt trauma injuries to her head and face.
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Thomas W. Bouldin, neuropathologist
Examined Kathleen Petersons brain and found a small amount of hemorrhage on the surface of the brain.
Said the hemorrhage was typical in a person who sustains head trauma.
Testified Kathleen Petersons head started bleeding several hours before her death.
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Aaron Gleckman, neuropathologist at UNC Medical Center, associate chief ME
Examined tissues taken from Elizabeth Ratliffs autopsy shortly after her death.
Found multiple areas of bleeding and seven lacerations of the scalp, considered injuries to be life-threatening.
Determined Ratliffs cause of death was blunt trauma to the head.
Identified contusions on her face, leading him to conclude Ratliffs death was a homicide, not an accidental fall.
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Candace Zamperini, Kathleen Petersons sister
Identified a fireplace poker she owns and said she gave a similar one to Kathleen Peterson for Christmas in 1984.
Said the Petersons fireplace poker was kept next to the fireplace and that she last saw it on Thanksgiving 1999.
Testified that Kathleen Peterson confided in her about her companys stock value plummeting, personal financial troubles and the prospect of getting laid off.
Said Michael Peterson told her he discovered Kathleens body when he had come up the stairs to get some towels, and said she fell all the way down the stairs.
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Amybeth Berner, friend of Elizabeth Ratliff
Knew the Ratliffs and the Petersons while living in Germany.
Testified around the time period before Elizabeth Ratliffs death, she saw her on a daily basis and said Ratliff appeared to have a positive attitude.
Said the Petersons appeared to be distraught at the scene.
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Barbara Malagnino, the Ratliff family nanny
Discovered Elizabeth Ratliffs body the morning of Nov. 25, 1985 and ran to the nearby house of Michael Peterson for help.
Said Peterson returned to the house with her, and checked on Elizabeth Ratliff and told her she was dead; later that day Peterson told her Ratliffs death was due to a cerebral hemorrhage and was an accident.
Testified Peterson took care of the affairs of the Ratliff household following Elizabeths death.
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Stephen Lyons, former special agent, US Army criminal investigation dept.
Investigated Elizabeth Ratliffs death in 1985 for the US Army; described for the jury the position of Ratliffs body and a pool of blood surrounding her head, but testified he does not recall seeing any blood on the stairs or walls.
Testified German police informed him the cause and manner of death was a cerebral hemorrhage, and that it was accidental.
Said he obtained a good deal of information at the scene from a male witness whose name he can not remember who told him that Ratliff had been complaining of severe headaches in the weeks before her death.
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Margaret Blair, Elizabeth Ratliff's sister
Testified Michael Peterson told her he had dinner with Elizabeth and walked her home the night before her death.
Described her sister as being very close to the Petersons, and was not surprised they were designated as the guardian for her nieces.
Said she later sought to adopt Ratliffs two daughters and Petersons ex-wife told her in 1991 that she could, but the Petersons later changed their minds
Agreed to have her sisters body exhumed for re-examination.
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Larry Barnes, pathologist
Performed an autopsy on Elizabeth Ratliff shortly after her 1985 death
Does not dispute later findings that Ratliff died of blunt force injury, since her head hitting the steps would qualify as such
Observed multiple lacerations on Ratliffs head but ruled her death a result of natural causes given her history of headaches and a clotting disorder.
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Claudia "Billie" Allen, current resident of the Ratliffs' former home in Germany
Moved into the Ratliffs' old house in April 1990.
Testified the heating system is located under the floor in the house.
Testimony bolsters the theory that Elizabeth Ratliff's death may have been calculated wrong.
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Tom Schumacher, husband of witness Cheryl Appel-Shumacher
Testified he broke the news to his wife about Elizabeth Ratliff's death.
Showed the jury a diagram he drew of Ratliff's house and the scene.
Remembered a pool of blood under Ratliffs body and recalled helping his wife clean the blood.
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Cheryl Appel-Schumacher, friend of Elizabeth Ratliff
Testified she and Elizabeth Ratliff became friends in Germany while teaching together on a military base; detailed Ratliff's pregnancy, the 1983 death of George Ratliff, Elizabeth's husband, and how Michael Peterson helped Ratliff through that period.
Described the Ratliffs and Petersons as good friends, and said on cross that there was no indication there was any romantic relationship between Michael Peterson and Elizabeth Ratliff.
Described the bloody scene where Elizabeth Ratliff allegedly died from a fatal fall down the stairs and said she was one of the people who cleaned the blood.
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Peter Duane Deaver, special agent, SBI
Described the many blood stains in staircase where Kathleen Peterson's body was found, including spatters that were going up the wall; said it seemed that an effort was made to wash some of the stains off the wall.
Examined blood spatter on the clothing of Michael, Todd and Kathleen Peterson; and said the defendant's clothing had "impact" stains on them.
Concluded that the spatter he examined and the scene were inconsistent with a fall, but was consistent with a fatal beating and that Kathleen was hit, in total, at least four times.
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John Wayne Bendure, forensic chemist & agent, SBI trace evidence unit
Examined a pair of the defendants khaki shorts and analyzed eight blood splatter spots found on them.
Testified the spots originated from the inside of the shorts.
Described each of the eight spots for the jury.
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Brent "Brad" Wolgamott, male escort
Wolgamott, a college student and former Army soldier, testified his image and information was posted on a Web site for "male for male" escort site and that he charged $150 an hour for "companionship and sexual activities" which included "just about anything under the sun."
Identified some of the 20 emails and photos he and Peterson exchanged over a five day period in August and Sept. 2001, and said he and Peterson planned to meet on Sept. 5, 2001 for anal sex, though the meeting never took place.
Testified Peterson told him during the short period of their e-mails that he had a great marriage with Kathleen and had "great affection" for her; said he didn't remember whether Peterson said his wife knew about their correspondence and that he knew "diddly, diddly" about Kathleen Peterson's death.
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Todd Markley, computer expert & lead consultant of CompuSleuth
Testified Peterson wrote an email to Kathleen on December 5, 2001 stating that they would "work on their marriage" that night, but conceded on cross that none of their emails suggested ongoing tension or arguments.
Said there were several emails in Peterson's computer mentioning finances, including one that referred to the stress Kathleen Peterson was going through because of lay offs at her company; an email that referred to his sons' financial troubles, which he said he could not discuss with his wife; and another in which he asks for money to help out with college expenses for one of his adopted daughters.
Located websites with "sexually related" material; A total of about 2,500 photos were found - about 2000 were in the "free space," meaning they'd been deleted.
Testified there was no manuscript related to homosexual activity found on the writer's hard drive.
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Patrick Zimmer, computer expert & CEO of CompuSleuth
Described his analysis of the mirror copy of Peterson's hard drive
Said 16,656 files had been deleted from the hard drive and approximately 75% of the hard drive was "free space."
Testified there were 1,165 email fragments, references to over 8,700 websites and more than 238,000 references to individual websites, or parts thereof found on the hard drive.
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Kenneth Snell, medical examiner, Mecklenberg County
In his report, Snell said the probable cause of death was "close head injury due to blunt force injury ... fall down the stairs" and was classified as accidental, though in an addendum he said the injuries were not consistent with an accidental fall.
Told a detective at the scene that it appeared Kathleen had hit the back of her head on the steps, causing the lacerations, but durimg a more extensive examination during autopsy observed bruising and possible abrasions to the front of Kathleen's face, some to the back of both arms from the elbows down to the back of her hands.
Conceded on cross that since this case, he doesn't note a conclusion on reports until after autopsy to avoid causing "problems for law enforcement."
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William Haggard, forensic meteorologist
Testified that the temperature between midnight and 2 a.m. on December 9, 2001, ranged from 55 to 51 degrees.
Said an average individual would feel cool when the temperature dropped below 66 degrees.
On cross, testified he could not assess whether the Petersons would have been comfortable sitting out by the pool that night.
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James Gregory, special agent, State Bureau of Investigation
Testifying as a forensic hair and fiber expert, said hairs found on the step belonged to Kathleen and some were broken, cut or forcibly removed.
Said Kathleen's hairs were also found on her clothing and in both of her hands, also either broken, cut or forcibly removed.
Conceded on cross that none of the hairs in Kathleen's hands belonged to the defendant, and that there were many ways the hairs could have ended up "broken and cut" or forcibly removed.
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Mark Boodee, forensic DNA analyst, State Bureau of Investigation
Testified blood found on Michael Peterson's shorts, his sneaker, the stairway wall and the couch all belonged to Kathleen.
A mixture of DNA from at least two different people were found on Diet Coke cans, and likely belonged to Michael and Kathleen Peterson.
Tests for DNA on Michael Peterson's sneaker, the mouth area on the Diet Coke can in the kitchen, the wine glass, and the root from a hair taken from the second step was not matched to anyone.
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Suzi Barker, forensic serologist, molecular genetics section, State Bureau of Investigation
Said blood was found on the defendant's khaki shorts and Converse sneakers; on two diet coke cans, and shoe prints on Kathleen's sweat pants.
Testified she tested items including the wine bottle, wine glasses, a mop, paper weight, steel knife handle and paper towels for blood but all tested negative.
Tested bed linens and towels for semen but those tested negative.
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Joyce Petzka, agent, State Bureau of Investigation
Testifying as a shoe/fingerprint expert, identified prints taken from Peterson's Converse sneakers, found at the scene, and matched them to the footprint found on the back of Kathleen's sweat pants.
Identified two fingerprints prints on one wine glass and one on the wine bottle as belonging to Michael Peterson.
Said there were no identifiable prints on the second wineglass or on a champagne bottle, nor were there any on a an open condom wrapper that was found in the house.
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Vicky Menser, sergeant, Durham County Detention Facility
Booked Michael Peterson on Dec. 20, 2001, into the Durham County jail.
Fingerprinted Michael Peterson.
Sent the prints out to the State Bureau of Invesigation.
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Angela Ashby, evidence technician, Durham Police Dept.
In charge of photography at the crime scene, took still photos and video she identified in court.
Testified that on Dec. 9, she took some photos in the morning and some after 3:30 p.m. following the autopsy of Kathleen Peterson.
Collected items from the autopsy, including a metal chip found in Kathleen's scalp and hair found in Kathleen's hand.
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Vincent Bynum, homicide investigator, Durham Police Dept.
Observed luminol testing and saw the illumination of footprints in the kitchen area.
Testified it appeared like someone walked from the steps toward the kitchen and then toward the den/laundry area.
Said luminol testing was also performed in the formal dining area, the sink in the laundry area and near the outside doorway with no result.
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Eric Campen, crime scene investigator, Durham Police Dept.
Described Kathleen's body; said her feet and jogging suit were covered in blood and there were paper towels, tissues, socks, and shirts in the hallway and cloth towels under her head.
Testified the blood high up on the wall seemed unusual, and that the amount of blood didn't "seem right" to him, leading him to request a blood spatter expert from the State Bureau of Investigation.
Performed several luminol tests and obtained fingerprints at the scene.
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Dan George, Durham police department evidence technician
Lead investigator of the death scene and videotapted it, including Kathleen Peterson's bloody body. Collected Michael Peterson's clothing and other items from the scene as evidence.
Said blood on body was dried and blood on walls and stairs appeared wiped or smeared. He initially thought death was not an accident.
Said Michael Peterson ran in from the patio covered in blood, wearing no shoes or socks, and leaned over his wife's body.
Testified about seeing a drop of blood on the walkway and one just inside the door.
Conceded on cross examination that mistakes were made, and that he didn't seize bloody items.
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John Huggard, estates expert
Testified Kathleen Peterson had no will when she died, and that her daughter, Caitlin Atwater is the administrator of her estate.
Said because there was no will, the only property that will be distributed is that which Kathleen solely owned.
Testified Kathleen's benefits from her job valued at that $1.8 million would go directly to Michael Peterson, not through probate.
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Connie Bullock, lieutenant, criminal investigations division, Durham Police Dept.
Upon his arrival at the scene at 5:35 a.m., was told the victim died from a fall down the stairs.
Said a Dec. 12 search of the house, during which time the computers were collected, was executed during Kathleen's wake because police thought it would be less intrusive to the family.
Conceded on cross that the medical examiner who appeared at the scene concluded that the probable cause of death was accidental.
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Kim Gregory, corporal, Durham Police Dept.
Interviewed Heather Whitson at the scene and said she did not smell alchohol on Whitson's breath.
During a Dec. 12 search of the house, found a document in the study giving Peterson's sons power of attorney that was executed at a lawyers office two days prior.
Testified that during the search she asked Peterson to come downstairs, to which Peterson responded that he was going to see his "dead wife in a coffin."
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Trent Hall, master officer, Durham Police Dept. canine divison
In response to the incident, sent Bosco, his Belgian Malinois trained in article searches, to search the Peterson's yard but turned up nothing.
Prior to the incident had met the defendant and family after contacting Peterson about a column he wrote criticizing the police; Peterson responded, went on a ride-along with him and followed up with a more positive article.
The night of the ride-along spent 15 minutes in the Peterson household, meeting the defendant's wife, sons and dogs and the defendant spoke lovingly about his wife during the ride, Hall testified.
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Steven Hester, police officer Durham Police Dept.
Testified that at the crime scene he observed Todd Peterson sleeping on the floor witht he dogs and a visibly upset Michael Peterson writing on a notepad.
Said the defendant's bloody clothing was on the window sill but was not collected until approximately 11 a.m. when the Petersons left the house.
Said the defendant moaned, cried and held his hands to his head.
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Alton McCallop, police officer, Durham Police Dept.
Watched the defendant, son Todd Peterson, and Todd's friend Ben Maynor on the patio at the house the night of the fall.
Testified Todd Peterson and Maynor, though instructed not to speak to each other, kept conversing to the point he had to stop them.
Testified Michael Peterson was using his computer and checking email less than two hours after he made the 911 call.
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Emanuel Paschall, sergeant, Durham Police Dept.
Head of the homicide unit at the time of the fall, Paschall searched the house for anything resembling a blow poke, which police suspected was used as the possible murder weapon, but turned up nothing.
Said investigators searching the house on Dec. 10, 2002, searched the grounds for a possible weapon that might match an impression left in the blood on the stair case, but did not find anything significant.
Testified is not typical to find a murder weapon at a crime scene, since Usually it has been removed.
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Francis Borden, retired sergeant, Durham Police Dept.
Borden, who declared the scene of the fall a "crime scene" at 3:50 a.m., said he was initially told by Corporal J.C. McDowell that the victim was in a wheelchair, but felt that didn't seem right to him.
Testified seeing a tremendous amount of blood, on and around the body and a kitchen cabinet and kitchen drawer; felt it wasn't logical that a fall that hard would not result in her neck and back still being in alignment.
Denied being biased against the defendant, a former newspaper columnist who criticized police and prosecutors, and said that he even enjoyed Peterson's column.
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James McVay Jr., former police officer, Durham Police Dept.
Now retired from the police force after being convicted of DWI, McVay was a police officer who responded to the scene.
Testified Peterson, who appeared upset, had a lot of blood on his shorts and shirt.
Said the defendant's son, Todd, had blood on his jeans, was being difficult by not following instructions and was demanding to speak to a lawyer, investigators and a grief counselor; said Todd and friend Ben Maynor were whispering as if they didn't want police to hear them.
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Terry Wilkins, sergeant, Durham Police Dept.
Received a summary of the scene from McDowell over the radio in which he was told there was a large amount of blood that she found suspicious; determined the incident was suspicious after his arrival.
Said the seemingly confused defendant had what appeared to be dried blood on his clothing, though he conceded he didn't have anyone secure the bloody clothing.
Described proper crime scene procedure and admitted he would not have allowed some of the actions that occurred before arrived at the scene.
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Scott Kershaw, sergeant, Durham Police Dept.
Testified McDowell told him an elderly woman had fallen down a staircase and that she never mentioned thinking there was anything suspicious.
Put up crime scene tape which had not yet been done when he had arrived.
As acting supervisor of the scene, ascertained the scene needed more units and called for them.
Saw Peterson about to wash his hands and Wilkins told him to stop and Peterson complied.
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J.C. McDowell, corporal, Durham Police Dept.
One of the first police officers to arrive at the scene, testified seeing a large amount of blood.
Characterized the amount of blood as suspicous
Said the amount of blood at the scene was inconsistent with other staircase falls she had responded to.
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Tanya Pierce, 911 dispatcher, Durham
Received the second 911 call placed by Michael Peterson at 2:40 a.m. on Dec, 9, 2001.
Testified he was hysterical on the phone, but conceded she would have no way of knowing if Peterson faked his hysteria.
A recording of the call was played for the jury, sparking a tearful reaction from the defendant and the Petersons' children in the courtroom.
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Mary Allen, 911 dispatcher, Durham
Received a 911 call at 2:40 a.m. on Dec. 9, 2001.
Testified the caller, later identified as Michael Peterson, said his wife fell down 15 to 20 steps and was unconscious but breathing.
Described Michael Peterson as crying and "hysterical" during the call, which was abruptly disconnected.
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Donald Hepp, Kathleen Peterson's former employee, Nortel Networks
Worked with Kathleen in November and December 2001 and Kathleen Peterson was his supervisor.
Said he and co-workers were concerned about job security.
Last saw Kathleen Peterson around 4 p.m. at the office the day before she died.
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Helen Prislinger, former Nortel Networks employee
Testified she was working on a project with the victim and had frequent contact with her by phone and email during November and December 2001.
Talked to Kathleen Peterson 11:08 p.m., hours before the fall, and said Kathleen did not sound abnormal, drugged or drunk.
Said she did not hear Kathleen and Michael Peterson fighting that night.
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Raymond Lawrence Young, CPA & special agent, State Bureau of Investigation
Analyzed the Petersons' finances from 1999 to 2001.
Testified that in Dec. 2001, the couple's net worth was $1.6 million.
Said their stock options, worth $2.4 million in Sept. 2000, dipped to $50,000 by Dec. 2001.
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Kim Barker, human resources dept., Nortel Networks
Testified Nortel was suffering financial difficulties starting the end of 2000 and had to "optimize" lay off some employees.
Said Kathleen Peterson had been placed on the "optimization list" in Nov. 2001.
Testified Kathleen Peterson was aware she was ever on the optimization list, and was in fact only on it for three days after a vice president removed her name from the list.
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Katherine Kayser, human resources dept., Nortel Networks
Said Kathleen Peterson worked at Nortel since 1987, rising through the ranks from a $33,000 starting salary to $145,000 yearly income at the time of her death.
Testified the defendant has received $347,000 from Kathleen's benefits at Nortel, where she worked.
Said he has the potential to get another $1.4 million if he wins a dispute over who is the beneficiary and if he is acquitted.
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Jayson Crank, Durham Fire Department
Testified seeing dried blood on the entrance door.
Observed drops of blood on the floor in the hallway about six feet from the front door.
Said he saw blood on Kathleen's feet, shoes and socks and some paper towels close to her body.
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Gary Paschall, Durham County fire captain
While at the scene observed people coming in the house and he and other firemen stood in front of Kathleen to shield her from sight; told police they should secure the scene better.
Testified the blood was dark, as if it had started to dry.
Said there was blood on Kathleen's foot or feet and it seemed she had stepped in blood.
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Ron Paige, EMS paramedic
Along with James Rose, was first to respond to the scene; found Peterson leaning over the body of his wife.
Said Peterson didn't respond to questions about what happened and that he was crying and covered with blood.
Testified there was dried blood on the walls, the victim's clothes, head and hair.
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James Rose, EMS paramedic
In response to a 2:40 a.m. emergency call reporting a fall, testified he arrived at the scene at 2:48 a.m.
Said a sobbing Michael Peterson was "unwilling or unable" to give much information.
Described the amount of blood as "enormous" and not typical of a fall.
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