Drew Peterson wants his conviction overturned and returned to Will County
JOLIET, IL – Acting as his own lawyer, convicted killer Drew Peterson hopes to overturn his first degree murder conviction for the 2004 death of his third wife, Kathleen Savio, of Bolingbrook. Will County Judge Ed Burmila has scheduled a motion hearing for 9:30 a.m. on Jan. 7 in courtroom 801 of the new Will County Courthouse, Joliet Patch has learned.
In November, Judge Burmila rendered the following decision in the Peterson case: “After considering the motion, the exhibits and applying the law, the Court finds that (the) Respondent has made the gist of a claim constitutional, ”the court records indicate. “The Respondent’s request for the appointment of counsel is reserved.”
Today, the former Bolingbrook police sergeant, 67, is serving his prison sentence at Indiana State Prison in Michigan City. There, Peterson is known as Indiana Department of Corrections inmate # 279193.
On October 19, Peterson’s six-page handwritten letter mailed to the Will Clark County Circuit Court office requesting sentencing relief was received and placed on his court record.
“The petitioner claims he is innocent of this crime,” Peterson wrote. “The applicant was denied his right to effective assistance from trial counsel. Joel Brodsky was my senior lawyer. He lied to me about his experience defending homicide cases. In fact, he didn’t. He said if you have nothing to hide, watch TV.
“In fact, Brodsky put me in danger not to help me but to increase his fame and increase his practice of law. I had several other knowledgeable attorneys working on my case. If they suggested anything that contradicted me. Brodsky, they received a harsh response. And were threatened with being fired. I wanted to testify on my own behalf. Brodsky said no and threatened (sic) to resign if I did. “
This week, Jim Glasgow’s Will County State Attorney’s Office filed a motion to dismiss Peterson’s post-sentencing petition. The motion was brought on behalf of Glasgow by Deputy State Attorney Colleen Griffin.
Griffin’s case reminds Judge Burmila that Peterson and Savio married in 1992 and had two sons, living in Bolingbrook where Drew Peterson was a Bolingbrook police officer. In 2002, the couple filed for divorce and their marriage dissolved in October 2003.
On Sunday evening February 29, 2004, Peterson attempted to drive her sons back to Savio’s home after a weekend visit, but she could not be reached, prosecutors said. The next night, Peterson obtained a locksmith and the help of four neighbors to enter the house, and “Kathleen’s body was discovered in the tub. Illinois State Police investigated on death. An autopsy performed by Dr. Bryan Mitchell with the Will County Coroner The office determined that the cause of death was drowning. “
At the time of Savio’s death, Peterson was married to his fourth wife, Stacy Cales, according to the prosecution’s motion this week. Stacy was reported missing on October 28, 2007 and “the accused denied that Stacy was missing and told investigators Stacy left because they were having marital problems. Shortly after, Kathleen’s body was exhumed. . “
This time, forensic pathologists Dr Larry Blum and Dr Michael Baden both concluded in separate autopsies that Savio’s death was homicide.
Peterson was tried in July 2012 and “the state presented evidence that numerous bruises and abrasions on Kathleen’s body and a laceration on her scalp were consistent with a struggle and inconsistent with an accidental fall into the tub.” Griffin’s motion said. “The state also presented evidence that the accused threatened Kathleen on several occasions, stating that he could kill her and pass it off as an accident, and that the accused entered Kathleen’s home after moving out and after that Kathleen changed the locks. “
Griffin’s motion notes that Peterson’s post-conviction motion in October listed 13 arguments why his murder conviction should be overturned.
“The accused never stated that Mr. Brodsky forbade him to testify, and this issue has not been raised anywhere below,” Griffin wrote.
She also included the following trial transcripts to support her argument:
Judge: “Mr. Peterson, please stand up. Yesterday I informed you of the applicability of your protections under the Constitution of the United States regarding your choice or not to testify in this case. I gave you about 24 hours to think it over. You had the opportunity to speak to your lawyers.
“Have you decided whether or not you are going to testify? “
Peterson: “I won’t testify, sir.”
Judge: “You won’t do it, sir?”
Peterson: “That’s right. “
Judge: “And is it your decision?
Peterson: “Yes, sir. “
Griffin also responds to Peterson’s “fifth claim … that State Attorney James Glasgow intimidated witnesses, as evidenced by the fact that Dr Blum initially said he could argue that the victim’s death was an accident, but Mr. Glasgow then spoke with Dr. Blum in the hallway, and Blum changed his mind, and Sergeant Deel also testified favorably for the defendant, but Mr. Glasgow threatened his work. is still a claim that the defendant makes in his motion without any support.
In September 2017, Glasgow held a press conference to discuss the Illinois Supreme Court’s unanimous verdict upholding Peterson’s murder conviction.
Glasgow told reporters that day his office continued to vigorously pursue the possibility of laying additional murder charges against Peterson in connection with the October 2007 disappearance of Peterson’s fourth wife, Stacy.
“The investigation into Stacy Peterson has not ended by any stretch of the imagination,” Glasgow announced more than four years ago. He said “there are doors opening” in the case that could lead to a possible breakthrough. “There is evidence that could potentially reach the level necessary to lay a charge,” Glasgow said.