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09-12-09

Peterson's attorneys challenge hearsay law

Attorneys for former Bolingbrook police sergeant Drew Peterson say they have filed final papers and briefs in their motion to have the new Illinois hearsay law declared unconstitutional.

The law was expected to play a role in Peterson's upcoming trial for the murder of his third wife, Kathleen Savio.

Defense attorneys Joel Brodsky and Andrew Aboodand Reem Odeh submitted the briefs Friday.

Resource...

http://www.wandtv.com/Global/story.asp?S=11117802

08-16-09

Jurors To Be Interviewed

Judge Stephen White has started giving potential jurors basic information and officially started the questionnaire process in the Drew Peterson trial. White called 240 potential jurors to the courthouse Friday and began interviewing them in groups of 60.

White warned the first group of 60 jurors to not watch, listen nor read any media reports on Peterson. He also told jurors other standards, such as presuming Peterson's innocence and only considering testimony and prosecutor evidence in the trial.

Joel Brodsky, one of Peterson's attorneys, called the move "highly unusual" in that no trial date has been set and the judge has not ruled on a defense motion to move the trial because of intense publicity.

His lawyers want the trial moved out of Will County. Peterson can't get a fair trial here because of the publicity, they argue.

Will County State's Attorney Jim Glasgow says it's too early to make that decision, since the jury hasn't been picked.

After hearing arguments from both sides Friday, Will County Judge Stephen White decided to take the matter under advisement.

White also set an Oct. 2 hearing on a motion filed by Peterson's attorneys challenging the constitutionality of a hearsay law passed in Illinois in 2008 and widely viewed as a response to the case.

Peterson talked with reporters about his three months in jail. He said fighting boredom is his biggest challenge, saying he hates reading and watches a lot of TV. Peterson also said he does not want his kids to visit him in jail but talks with them twice a week by telephone.

Resource links...

http://abclocal.go.com/wls/story?section=news/local&id=6964825

http://www.suntimes.com/news/peterson/1717895,CST-NWS-drew15.article

http://www.google.com/hostednews/ap/article/ALeqM5g6BDgiLvpu6u3ubvg4R8tDuw8YTwD9A2RABO2

http://www.chicagotribune.com/news/local/chi-drew-peterson-15aug15,0,1793810.story

08-11-09

Peterson Fights Hearsay Law

Drew Peterson's lawyers asked a Will County judge Monday to declare a new Illinois law unconstitutional.

The request involves a new statute that would allow hearsay evidence — something one person says to another — to be admitted in court. Normally, there are few instances in which hearsay can be used in court.

Drafted by Will County State's Attorney Jim Glasgow and approved by the Legislature last year, it's informally known as Drew's law. In effect, it allows someone to speak from the grave.

To understand the law, consider this example: There is a court case, and the defendant knows a certain witness will testify. If the defendant kills the witness — or makes them disappear — to stop the testimony, the law allows statements made by the witness to be used in court.

Stacy's statements

In this case, Stacy Peterson, Drew Peterson's missing fourth wife, allegedly told a minister that her husband had killed his third wife, Kathleen Savio.

Stacy Peterson disappeared in October 2007. State police have called the case a potential homicide.

Kathleen Savio was found dead in a bathtub in March 2004. Although her death initially was ruled to be an accident, an autopsy completed after Stacy Peterson's disappearance ruled it a homicide.

Peterson was charged in May with Savio's murder and is being held at the Will County Jail.

Peterson talkative

On Monday, Peterson appeared in Will County Judge Stephen White's courtroom. When the judge addressed his case, Joel Brodsky and Andrew Abood, Peterson's lawyers, said they wanted to discuss scheduling issues privately. So White, the two lawyers, Glasgow and Will County Assistant State's Attorney John Connor went into the judge's chambers.

Peterson chose to remain in the courtroom. During the half-hour they were gone, Peterson chatted with court personnel and some of the reporters who were sitting in the gallery. One reporter asked Peterson about his children, and he said they recently had returned from a trip to the Wisconsin Dells and were getting ready to return to school.

Jail life wasn't too bad, Peterson said. The food wasn't as terrible as some people say, he added. But one thing did bother him.

"The isolation is kind of irritating," Peterson admitted.

Besides that, boredom is a problem, he said. He can't go outside and he doesn't get much exercise. Bill Murray's "Stripes" is screened pretty often.

Friday hearing

When the judge and the lawyers returned to the courtroom, they said nothing about their chat. White then continued the proceedings until 9:30 a.m. Friday.

Glasgow and his team left the courthouse and didn't speak to the gathered reporters.

Brodsky and Abood did hold a brief press conference and explained why they thought Drew's law is unconstitutional. It was made after the alleged murder happened, Brodsky said. Laws can't be retroactive.

And a defendant has the right to confront witnesses in court, but Peterson won't be able to do that with Stacy Peterson.

"The rules can't change just because someone is disliked," Brodsky said.

When they return to court Friday, a hearing will be held on their request to move the pending trial to another venue, Brodsky said.

READ MOTION

Today's resource pick by Stewart Warren... check it out!

http://www.suburbanchicagonews.com/heraldnews/news/peterson/1709167,Peterson-hearsay-law_JO081009.article

More...

http://www.wbbm780.com/Drew-Peterson-is-back-in-court-SEE-MOTION/4973607

http://www.chicagobreakingnews.com/2009/08/drew-petersons-attorneys-launch-attack-on-hearsay-law.html

http://www.wgntv.com/news/wgntv-drew-peterson-hearsay-law-august10,0,495990.story

08-07-09

Savio Fought Back

JurorThirteen has a partial autopsy report for your review. We have followed this case since Stacy Peterson's disappearance. This report was on the America's Most Wanted site, and passed through the "help Find Stacy Peterson" site at one point.

This old news has come to light again, so I thought I'd share the report with those who weren't aware of it.

The autopsy, conducted by Dr. Michael Baden, said there was a 1-inch blunt-force laceration on the back of her head, five scraping abrasions and six blunt-force, black-and-blue bruises on her extremities, abdomen and buttocks.

Baden also noted that even though the body was partially decomposed, "bruises and contusions caused by blunt force injuries shortly before death" were still visible on the right breast, the upper right thigh and the abdomen.

The severity of those injuries, Baden said in his report, indicated a struggle.  See a timeline of the case »

"It is my opinion, to a reasonable degree of medical certainty, that the drowning of Ms. Savio ... should be properly classified as a homicide," the pathologist concluded.

The Will County, Illinois, prosecutor announced in February 2008 that the findings of the second autopsy, conducted by Blum, provided the basis to classify the case as a homicide.

Resource...

http://edition.cnn.com/2009/CRIME/07/23/illinois.drew.peterson/

Read it yourself...

http://www.docstoc.com/docs/5851835/Kathleen-Savio-Parial-Autopsy-Report

For archived information check out the Stacy/Drew Peterson Investigation under the Investigation menu button on the home page

07-30-09

Peterson's lawyer files change of venue motion

Drew Peterson's attorney is trying to get the former police sergeant's murder trial moved out of the county where he's charged because of what he calls extensive and inflammatory media coverage.

Thursday's motion by Joel Brodsky was expected. He's long expressed concern that Peterson might not be able to get a fair trail in Will County, where he's charged in the 2004 drowning death of Kathleen Savio.

Since Peterson's fourth wife, Stacy Peterson, disappeared in 2007 the case has been the subject of scores of news reports - many of which have included appearances by Brodsky and Peterson.

Peterson is a suspect in Stacy Peterson's disappearance, but hasn't been charged.

The motion is scheduled to be heard in Will County on Aug. 14.

Resources

http://www.dailyherald.com/story/?id=310455&src=2

http://www.kwqc.com/Global/story.asp?S=10820403&nav=menu83_2

07-14-09

Murder Trial Delayed

I'm sure most of us trial watchers aren't surprised that Drew Peterson's trial is delayed. I'm also not surprised that the defense team is challenging the new state "hearsay" laws. Challenging the law alone could take months upon months. Hopefully Peterson will stay put during that time, and stay in jail where (IMO) he belongs.

A new trial date has not been set, but lead Peterson attorney Joel Brodsky warned the hearsay law challenge is so crucial, both sides may appeal up to the United States Supreme Court.

"The state would have to stop the prosecution in its tracks and seek an appeal," Brodsky said if Will County Circuit Judge Stephen White agrees with him. "It would require, I believe, Drew's release."

Brodsky also said he will file a change-of-venue request to move the trial out of Will County due to the intense publicity - much of which Peterson fueled himself through national media appearances and other antics.

The so-called Drew Peterson "beyond the grave" law allows a judge at a pretrial hearing in a murder case to determine whether hearsay evidence - testimony or documents that quote someone second hand who is not available in court - may be admitted at trial.

Peterson was scheduled to stand trial on Aug. 24 for Savio’s slaying, but, Peterson and his attorneys won a delay from Judge Stephen White when they agreed to waive their earlier demand for a speedy trial because they need more time to study thousands of pages of evidence, including police reports, electronically recorded conversations and forensic evidence.

Peterson is due back in court Aug. 14.

Peterson also sought the return of several seized titles to his vehicles, a trailer and a lightweight airplane with the hope of selling the property to help pay for his defense.

Read resource details...

http://www.dailyherald.com/story/?id=306924&src=2

http://www.suntimes.com/news/peterson/1665469,drew-peterson-murder-trial-delay-071409.article

06-26-09

Brodsky Needs Help

Attorneys for Drew Peterson, charged with murder in the 2004 drowning death of ex-wife Kathleen Savio, were in court Thursday seeking help as they sift through more than 30,000 pages of investigative reports and hundreds of hours of audio recordings turned over by prosecutors.

Joel Brodsky argued six motions before Judge Stephen White, essentially asking that prosecutors be required to give more details about their theory of how Peterson killed Savio as well as "Cliff's Notes" versions of the 9,470 investigative reports he has received.

"Are they saying my client held her underwater or knocked her unconscious or hit her over the head with a blunt object?" he said, later adding: "How did he do it? The state certainly has to prove that."

John Connor, chief of the Will County State's Attorney's major crimes unit, argued that all that information was detailed in the reports given to Peterson's lawyers.

"I've never seen a request like this in any homicide case I've participated in," he told the judge.

Read hearing details...

http://www.chicagobreakingnews.com/2009/06/peterson-lawyers-want-help-with-discovery.html

06-06-09

Bail Appeal Denied

Trial Date Set

Last Monday, a motion was granted for another new trial judge in the Kathleen Savio murder case. Judge Carla Alessio-Policandriotes had rejected the defense plea for a lower bond for Peterson, and shortly after a motion for a new judge was requested by Peterson's defense.

In response to a defense motion, Will County Chief Judge Gerald Kinney assigned the case to Circuit Judge Stephen White, according to the Will County state's attorney's office.

A motion for appeal was made to reduce the $20 million bail for the charges alleging Peterson killed his third wife, Kathleen Savio.

Late Friday Peterson's attorney, Joel Brodsky, announced that the Illinois Third District Appellate Court has denied the petition to reduce Peterson's bond.

Facing "financial devastation" from his divorce with Savio, Glasgow said Peterson offered someone $25,000 to kill his ex-wife in late 2003, just months before she was found drowned in a dry bathtub at her Bolingbrook home.

Will County Judge Stephen White said Peterson's murder trial is expected to begin Aug. 24.

At a court hearing Wednesday, White made it a lot tougher for Peterson to talk to the media from jail.

"If you are going to do an interview, I would like to be informed (beforehand) as to the time and place," White said.

Peterson called the "Mancow & Cassidy" show last week from the Will County Adult Detention Facility and cracked jokes about prison showers, a "Win a Conjugal Visit with Drew" contest and the death of his third wife, Kathleen Savio.

White ordered Peterson's lawyers to give him phone numbers of family, friends and attorneys that Peterson calls. Peterson must notify the jail if he plans to call anyone not on the list.

White also wants to be notified on all interviews and press releases.

The judge also ordered the names of witnesses and potential witnesses be sealed.

Read resource details...

http://www.southtownstar.com/news/1601363,stng-Drew-Peterson-new-judge-0601.article

http://www.chicagobreakingnews.com/2009/06/peterson-defense-bail-appeal-denied.html

http://www.thonline.com/article.cfm?id=245511

http://www.google.com/hostednews/ap/article/ALeqM5hbfkKdZZEPQinpLBXO6Df3-5s2SwD98JDRQ03

http://www.kcra.com/news/19648372/detail.html

05-22-09

Bond Stays At 20K

Prosecutors say Drew Peterson tried to hire a hitman in 2003 to kill his third wife, Kathleen Savio.

Will County State's Attorney James Glasgow says Peterson offered to pay someone $25,000 to kill Savio.

And just three weeks before Kathleen Savio was slain, Peterson, then a Bolingbrook cop, allegedly said to a fellow officer: "My life would be easier if she were just dead," Glasgow alleged in court.

She was found drowned in her bathtub three weeks later, a gash to the back of her head.

After hearing the claims, a Will County judge refused to lower Peterson's $20 million bail this afternoon.

Read Resource details...

http://www.suntimes.com/news/peterson/1587229,drew-peterson-savio-murder-offer-money-052209.article

http://cbs2chicago.com/local/drew.peterson.hitman.2.1017001.html

05-17-09

New Hearing Set For Thursday

Peterson Pleads Not Guilty

Former police officer Drew Peterson will remain jailed on $20 million bond until at least Thursday after a prosecution request to remove the judge handling his murder case derailed plans for defense attorneys to ask for a bail reduction.

Defense attorney Joel Brodsky entered a not guilty plea on Peterson's behalf as his client stood silently in court Monday, wearing a blue jail jumpsuit and shackles.

Brodsky told FOX News Monday morning before Peterson's court appearance that they would ask for the bond to be $500,000 or less.

Read resource details...

http://www.foxnews.com/story/0,2933,520482,00.html

05-09-09

Lawyers A No-Show At Arraignment

Drew Peterson was escorted, by sheriff's deputies, into the into the Will County courthouse, Friday, wearing a red jumpsuit, handcuffs, and shackled around his legs.

Peterson appeared before Will County Circuit Judge Richard C. Schoenstedt for an arraignment, which was postponed until May 18 because Peterson's attorneys weren't present. One of them, Joel Brodsky, was in New York appearing on network news shows.

State's Atty. James Glasgow, who will try the case, told the judge he expected Peterson's attorneys to file a motion to reduce Peterson's $20 million bail.

A motion for lower bail won't be heard until the May 18 hearing, and because Peterson would have to post $2 million to make the current bail, it's likely he will remain in the Will County Jail at least nine more days.

The indictment, handed down by the Grand Jury, alleges that "Peterson on or about Feb. 29, 2004 ... caused Kathleen Savio to inhale fluid," causing her death.

Glasgow said Thursday that the case against Peterson would include evidence that might previously have been inadmissible. Last year state lawmakers passed legislation that allows a judge to admit hearsay evidence in first-degree murder cases if prosecutors can prove the defendant killed a witness to prevent them from testifying.

"In essence what you're basically allowing the victim of a violent crime to do is testify from the grave," Glasgow said.

Read Resource details...

http://www.chicagotribune.com/news/local/chi-peterson-09may09,0,3474617.story

http://www.google.com/hostednews/ap/article/ALeqM5iev-QaFql23MAy-W2Qh8vkc8VsKQD982A7680

05-7-09

Peterson Arrested For Kathleen Savio's Murder!

News Conference and Arrest Videos

       

        

BOLINGBROOK – Authorities arrested Drew Peterson Thursday near his Bolingbrook home for the murder of his third wife Kathleen Savio, according to police sources.

Police took Peterson into custody at Weber and Lilly Cache roads during a traffic stop.

“I guess I should have returned those library books,” a hand-cuffed Peterson said Thursday evening as he was being led into state police headquarters.

Savio, 40, was found dead in a dry bathtub in her Bolingbrook home in March 2004.

At the time, Illinois State Police failed to find anything suspicious and her death was ruled an accidental drowning by a coroner’s jury.

After Peterson’s fourth wife, Stacy, then 23, disappeared in October 2007, officials reclassified Savio’s death as a homicide and gave the state police another opportunity to figure out who did her in.

Savio’s body was exhumed from its grave. An autopsy conducted in November 2007 determined Savio was the victim of a homicide.

Peterson wasn’t named a suspect in Savio’s death, but state police determined Stacy's disappearance is a "potential homicide" and say Peterson is a suspect in the case.

Check out this link for further updates... (more to come)

http://www.suburbanchicagonews.com/heraldnews/news/1563713,Peterson-arrest-watch-050709.article

MORE.......

http://www.suburbanchicagonews.com/stcharlessun/news/1563713,Peterson-arrest-watch-050709.article

http://www.dailyherald.com/story/?id=292099

http://abclocal.go.com/wls/story?section=news/local&id=6802032