( CNN ) -- An attorney for Drew Peterson , a former Chicago-area police sergeant accused of killing his ex-wife , said Tuesday the prosecution failed to even prove a murder took place . Prosecutors said that common sense would lead a jury to a guilty verdict . Peterson 's fate will be deliberated beginning Wednesday morning , after the attorneys in the case that has attracted nationwide attention wrapped up their closing arguments . Peterson trial focuses on alleged threat to kill his wife . Peterson , 58 , is charged with murder in the death of Kathleen Savio , his third wife , who was found dead in her dry , clean bathtub March 1 , 2004 . Prosecutor Chris Koch called on the jurors to use their own experiences in life when determining guilt or innocence . `` I ask you to keep in mind common sense , common sense . Because it is clear that this man murdered Kathleen Savio , '' Koch said . Peterson has pleaded not guilty to two charges of first degree murder , one by intentionally killing her and the other by engaging in behavior that led to her death . The defense contends Savio fell accidentally , hit her head and drowned . Defense attorney Joe Lopez said that 300 people each year die in bathtub mishaps . `` People slip and have household accidents all the time ... at least 1.6 people out of a million die in the bathtub , '' he said . `` And she was the one . And they want to make it a murder . '' Koch said in closing that the evidence pointed to murder . `` We have left-front injuries , left-side injuries , left-back injuries , right injuries , right and left injuries . So it 's not just one side of her body ; it 's multiple sides , four sides . How can you get that in one fall ? You ca n't . You ca n't do it . It 's not possible , '' Koch said . Lopez countered by saying the prosecution failed to prove its case . `` The framers of the Constitution would barf at this evidence , '' he told the jury . `` There 's nothing but doubt in this case . People get on the TV and lie , just like they do in this courtroom . ... People lie when it 's for their own agenda . '' After court adjourned for the day , Lopez told reporters : `` They have n't even proved a homicide took place . '' The case did not arise until after Peterson 's fourth wife , Stacy , went missing in October 2007 . It was during the search for Stacy Peterson , who has not been found , that investigators said they would look again at Savio 's death , which was initially ruled a drowning . Savio 's death was ruled a homicide in February 2008 , and Peterson was later arrested and indicted on first-degree murder . Judge refuses to declare mistrial for Drew Peterson . Peterson was married to Savio in 2001 when he had an affair with then-17-year-old Stacy Cales , who later became his fourth wife . Savio and Peterson filed for divorce in October 2001 and their relationship remained contentious for the next several years . Bolingbrook police records indicate officers were called to Savio 's home 18 times to intervene in domestic fights from 2002 to 2004 . Peterson had Savio arrested twice for domestic violence , though she was found not guilty in both cases . On February 27 , 2004 , Peterson picked up his two sons from Savio 's home and spent the next two days with them . Prosecutors believe he entered her home again early on February 29 and killed her . At the time of her death , which authorities initially treated as an accident , a court was mulling how the couple 's marital assets would be divided , and Savio was set to receive part of Peterson 's pension and other support . The monthlong trial has been marked by repeated missteps by the prosecution that have angered Judge Edward Burmila and the defense . At least four times since the trial began , prosecutors have allowed witnesses to testify to details Burmila has told them not to go into -- such as whether Savio had a protective order against her husband or allowing a witness to demonstrate climbing into a bathtub . In some cases the defense has sought a mistrial and in others they have asked the judge to strike entire testimony . Burmila has instead ordered the jury to disregard elements of the testimony that went against his orders . `` The disrespect to the court is shocking , '' Burmila told the prosecution last week . After closing arguments , jury deliberation could start as early as Tuesday afternoon . Drew Peterson goes on trial for murder of third wife . In Session 's Michael Christian and HLN 's Graham Winch contributed to this report .
NEW : Jury will start deliberations on Wednesday morning . Kathleen Savio is on trial in the death of his fourth wife , Drew Peterson . The prosecutor says evidence contradicts the defense theory of an accidental death . Burmila says Chicago 's founding fathers would be troubled by this case .