The prosecution rested Thursday after 12 days of testimony, but before the defense called its first witness, lawyers for the defense asked the judge for a mistrial. The judge said he would rule on that later, so the defense proceeded with its case-- a case that will eventually include the testimony of Allan Kustok's daughter.
She came and went. The much anticipated testimony of Sarah Kustok didn't happen on Thursday. The former Chicago sports reporter arrived in court after noon to testify in her father Allan Kustok's defense, but his attorneys decided to call their paid forensics expert as their first witness, blood spatter expert Paul Kish.
He follows three days of testimony and lengthy cross examination from the prosecutors last and considered star witness, Rod Englert, a reconstruction expert who was paid over $100,000 for his work during the past three-and-a-half years. Englert concluded that Jeanie Kustok was shot by someone else based on the path of the bullet and blood spatter patterns on clothes and eyeglasses investigators say Allan Kustok wore when his wife Jeanie died. Englert told the jury Jeanie's death was not the result of suicide or an accidental shooting.
Paul Kish disagrees. He says it is very possible for blood found on Allan Kustok's personal items to transfer when it was taken into evidence or when Kustok wrapped his wife's body in bed sheets and drove her to the hospital.
Allan Kustok told police his wife of 34 years took her own life with a .357 magnum he bought for her as an anniversary present. Prosecutors allege Kustok was motivated to kill his wife because he was having numerous affairs and financial problems.
It is not clear when Sarah Kustok will testify for the defense. Although she supports her father, her brother Zak does not.