The trial begins and the prosecution's lawyer, Jim Hardin presents his case.

The defense is hard hit: the new autopsy of Elisabeth Ratliff concluded that she was murdered. (read the autopsy report online )

Michael Peterson cried out that was a conspiracy, pointing to the fact that he had even adopted Elisabeth Ratliff's two girls, Margaret and Martha, who were orphaned. He is now accused of having murdered their biological mother and also the mother who raised them.

Margaret Ratliff: "I think it's interesting that they were both found at the bottom of the stairs, but at the same time, the two things they had in common besides being my mothers is that dad loved them both very, very, very much and he would have never, ever hurt either of them."

Believing that this could be the final blow for the jury, David Rudolf wanted to exclude the"German case" from the trial. "I think that the evidence about the death in Germany, if it comes in, will have a substantial impact, even sub-consciously, on how the jurors evaluate the evidence in this case. Even though there's not a shred of evidence that Michael had anything to do with Elisabeth Radliff's death."

A private hearing was organized for the judge to hand down a decision concerning this point. But against all expectations the judge refused to rule before the trial opened, continuing the local tradition of complacently respecting the prosecutor's authority.

Michael Peterson insisted that it was a conspiracy. "It was just completely choreographed.. This is Durham, it's unique, it's particular, it's dirty, it's corrupt, it's small. I don't think anybody knows this town better than I do."

Assistant prosecutor Freda Black holds a replica of the fireplace blowpoke that they feel Peterson used to murder his wife.

The night before the trial emotions ran high as David Rudolph had some problems with the slides which accompanied his presentation. And Michael Peterson did his best to remain calm."This case is no more and no longer about Kathleen. The DA has to win, that's it. He doesn't care how. And by the same token, my lawyers, they want to win. Truth is lost in all of this now. This has become a show."

The next morning the the trial opened with a coup de theatre: the prosecution presented an iron poker, supposedly the exact replica of the murder weapon.