"The arc of the moral universe is long, but it bends toward justice."

Hearsay evidence to be aired in Drew Peterson’s “mini trial”

Drew Peterson and the Scheme Team on their way to court

On January 19, 2010 a hearing is scheduled to air the hearsay testimony that may be admitted in Drew Peterson’s trial for the murder of his ex-wife, Kathleen Savio. This “trial before the trial” will be important since so much of the evidence for the prosecution is expected to be circumstantial. This hearing will also be the first time the judge has heard the hearsay testimony that could be admitted under Public Act 095-1004, which makes an exception for hearsay from witnesses who were murdered in order to keep them from testifying. Statements from Savio, her friends and relatives, and a pastor who received the confidences of Peterson’s third wife (missing since October 2007 and presumed dead), could all play a big part in convincing a jury of Peterson’s guilt.

We asked Illinois attorney, Karen Conti of Adamski & Conti LLC, for her take on the upcoming hearing. This is what she had to say:

Karen Conti

We are pretty much on uncharted grounds. This law is new so I am not aware of any such hearing that has ever been conducted. The way the law reads, it seems that the judge here must find that there is a preponderance of evidence that Peterson’s actions silenced Kathleen and whether the hearsay is otherwise reliable. This is a much less rigorous burden than beyond a reasonable doubt. It is used at civil trials and means that if it is more probably true than not true that Peterson killed Kathleen, the burden is met. It seems the prosecution would also have to show that Stacy’s disappearance was caused by Drew in order to use her words which were spoken to the pastor. If allowed in, Stacy’s words would be very compelling to prove that Peterson killed Kathleen as I believe they include Drew’s admission that he killed her in the bathtub after returning home from her house with bloody clothing on. As to how the hearing works, I do not know. It would have to include the prosecution putting on witnesses and allowing Peterson’s lawyers to cross examine them.

This will give Peterson’s lawyers a real advantage at trial in that they will get to hear what the witnesses are going to say ahead of time. There will be a court reporter present and if the witness deviates from that testimony at trial, he can use the prior testimony to impeach.

I am certain that the jury in the full trial will not get to hear that the judge made a ruling that there was a preponderance of evidence that Peterson killed Stacy or Kathleen. The jury will only get to hear the hearsay testimony and will probably know that there was a prior proceeding that caused some of the witnesses to have testified previously.

This hearing will go a long way toward revealing whether the prosecution has good evidence to prove Peterson’s guilt in that they must put on all evidence that is persuasive. They cannot hold anything back because the admission of hearsay testimony at trial is crucial and will probably be the most compelling evidence.

Many thanks as always to Karen for taking the time to help us out!

Greg Adamski and Karen Conti host their own legal talk show, Legally Speaking, on WGN Radio 720 each Sunday from 9 p.m. to 10 p.m. They also presented a mock trial of Drew Peterson last Spring which resulted in a hung jury.

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Stebic lawyer added to Drew Peterson defense team

Stebic lawyer now representing Drew Peterson
December 14, 2009 9:18 AM

A lawyer who has represented Craig Stebic, suspected in the disappearance of his wife Lisa, has taken on another high-profile client: Drew Peterson.

George Lenard has joined the criminal defense team for Peterson, who is accused of killing his third wife, Kathleen Savio, and is a suspect in the disappearance of his fourth wife, Stacy Peterson.

Peterson attorney Joel Brodsky says Lenard has been consulting with the defense team for months.

“His 21 years of experience in criminal defense will make Drew’s team stronger,” Brodsky said. “There is a tremendous amount of work that we have been doing. At every court appearance, the state’s attorney office has at least five or more people appearing on the case.”

Peterson, a former Bolingbrook police sergeant, is being held on a $20 million bond in Will County on charges that he killed Savio in 2004. Peterson’s fourth wife Stacy has been missing since October 2007. Peterson has repeatedly denied any wrongdoing.

Earlier this month, Lenard accompanied Stebic in a Will County courtroom as prosecutors dropped a complaint charging him with threatening a neighbor during an argument over fireworks.

Authorities have said Stebic remains a person of interest in the disappearance of his wife Lisa, who hasn’t been seen since April 30, 2007. The couple had been in the process of a divorce. Stebic has denied any wrongdoing.

Read the story at the Chicago Tribune

Drew Peterson defense seeks notes to contradict Savio letter

Peterson attorneys seek notes of Savio statement
December 4, 2009 3:01 PM

Kathleen Savio

Attorneys for Drew Peterson, charged with murdering his third wife Kathleen Savio, alleged in court Friday that a sworn statement she made to an insurance-company lawyer contradicts her account that Peterson broke into their home in 2002 and threatened her with a knife. Peterson’s defense attorneys are seeking a copy of the notes made by an attorney working for Country Companies Insurance. Three letters written by the attorney have already been turned over to the defense team, said Peterson attorney Joel Brodsky.

They are seeking two others as well as notes the attorney made during Savio’s August 6, 2003, sworn statement. Brodsky said the documents should not be protected by attorney-client privilege because Country Companies has twice turned them over to prosecutors.

“When the defense issues subpoenas, then all of a sudden (it’s privileged),” said Brodsky, who said the notes could be crucial to demonstrating that certain hearsay statements not be admitted at trial.

Mark Ruda, an attorney for the insurance company, said the letters were turned over by mistake.

“The disclosure was inadvertent,” he said. “There was no intent to waive privilege.”
Judge Stephen White said he would look over the documents and issue an order, but said that “at this juncture” it appeared the notes would be protected.

A hearing before Judge White to determine whether hearsay evidence would be allowed during a jury trial is scheduled to begin Jan. 19.

– Steve Schmadeke

Read the story at the Chicago Tribune

Derek Armstrong may have to turn over Drew Peterson tapes

Self-publisher, Derek Armstrong

Drew author not protected
November 26, 2009By JOE HOSEY jhosey@scn1.com
JOLIET — Prosecutors want a Canadian publisher who penned a book about Drew Peterson to stop playing reporter.

Derek Armstrong, the operator of Kunati Publishing and the author of the account “Drew Peterson Exposed,” invoked journalistic privilege when the state police contacted him about testifying before a grand jury in November 2008.

But prosecutors filed a motion Tuesday claiming Armstrong was no reporter when he was supposedly “spending hundreds of hours interviewing key players” in the Drew Peterson case.

According to the motion, “Armstrong was not a reporter” since he was not “collecting, writing or editing news for publication” on a full or part-time basis.

In some situations, news reporters are protected from handing some information over to police or the court. That privilege isn’t ironclad and doesn’t extend to all people who write.

Armstrong failed to return calls for comment, as did Peterson’s attorney, Joel Brodsky.

Strapped for cash, Drew Peterson tries to auction his house.

The Peterson home

Peterson’s house going to auction block?

November 11, 2009

BY MICHAEL SNEED Sun-Times Columnist

Scoopsville: Huh? Sneed hears an attorney for jailed murder suspect Drew Peterson is hoping to rent out/auction off Peterson’s empty Bolingbrook home for broadcast use during his upcoming trial!

“We are thinking it could be an excellent site for a news broadcast during the trial,” said attorney Walter Maksym, who filed a federal suit against JP Morgan Chase bank recently for suspending Peterson’s access to his $220,000 credit line.

“It would be a perfect place for someone like Geraldo Rivera. Don’t you think?” Maksym told Sneed.

Peterson, who is in jail charged with the murder of his third wife, Kathleen Savio, was hoping to use the credit line to post part of his bond, pay his attorneys and hire expert witnesses. The credit line was authorized in 2005 and suspended by the bank in May.

“If he can’t pay for his own defense, the taxpayers could wind up paying for the enormous cost of the defense,” Maksym said. “I’m not handling his murder case. I’m working with his attorney Joel Brodsky, who is vigorously defending him, and we are looking for any way possible to raise money so Peterson won’t be denied a fair trial. The bank severed his credit line because Peterson is being detained for trial, and we believe it violates federal law.”

Auctioneer Leslie Hindman tells Sneed she received a call from Maksym on Tuesday wondering if she might auction off “the use of Peterson’s house as a site for broadcast during the trial.”

Quoth Hindman: “I said, ‘No. I’m not interested in doing such a thing. It would be much too weird.’ ”

The Peterson home, which once housed his missing fourth wife, Stacy, and four children, has been vacant since Peterson was incarcerated in May.

Read Sneed’s column at the Sun-Times
Read the story at NBC Chicago

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Savio inquest juror, Jim Pretto: If we had known…

Jim Pretto told ABC News back in February of 2008 that if they had known all the facts about the case in 2004, he would have called Kathleen Savio’s death a homicide.

“There was no evidence at all to point toward it being a murder,” Pretto said. “There was nothing presented at all.” Pretto said that though the jurors on the coroner’s inquest were suspicious, they did not have enough evidence to call Savio’s death anything but an accident.

“We had no other alternative,” he said. “I think more evidence should have been presented, more investigation should have been done at the time.”

We’ve all seen the complete inquest transcript now.  Yes, there was no testimony or evidence presented to the jurors to indicate that foul play might be suspected.  In fact, ISP Officer Herbert Hardy said otherwise.  One panel member (Dennis Pratl) made it personal, and said Drew Peterson was a good guy.   Yet, Jim Pretto wishes they had listened more to Kathleen’s family. The jurors did not hear about Savio asking for a restraining order against Peterson, and they were told by the ISP officer that there were no insurance policies involved. They did not hear about the police being called eighteen times to intervene in their disputes.

Several questions arise about these claims made by Pretto.  Who exactly was responsible for making sure these important issues were presented to the jury panel?  Or, in the alternative, who was responsible for making sure they were not presented to the jury panel?   Oversight or out-of-sight.  Which is it?

At the time of this juror’s interview, Anna Doman said:  “I think we’re closer” to justice. “I just wish it was four years ago.”

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Tribute to Stacy Peterson stolen in the night

Plaque and tree honoring Stacy Peterson

The Drew Peterson defense must be anticipating more bad news in court today.

A tree and plaque commemorating missing mom, Stacy Peterson, were dug up and stolen from in front of the Bolingbrook Aquatic Center overnight, two years to the day after Stacy was first reported missing and the night before another status hearing for Drew.

Members of the Westbrook Christian Church in Bolingbrook erected the plaque and tree outside of the Aquatic Center, at 200 Lindsey Lane in Bolingbrook.

I’m reminded of the Dr. Seuss tale about the Grinch who attempted to destroy Christmas by stealing the Christmas tree.

Flowers and a candle remain at the site of the theft

Vandalizing the tribute to a missing woman won’t change the facts of her disappearance, and it can’t destroy the love and anguish of her family and friends. They will continue to miss her, to search for her and to pray.

The plaque’s inscription was a simple one:

Stacy Peterson
Mom Sister
Friend

We’ll be reporting any news from the hearing today, as we learn it. Check the comments on this post.

Larger photos of the plaque and tree (lilac bush?) from Summer 2008 (Thanks, Wayne!):
Tree and plaque
Plaque
Read a report on the theft at WBBM.

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Remembering Stacy Ann Peterson

October 28, 2009: Today marks the second anniversary of the disappearance of Stacy Peterson.

Let’s try to remember this today and mark it in some way in our own lives. Her passing has meaning. Her absence is felt. Her family and friends mourn her, yet they have no closure and no justice.

*************************************************************************
On October 28, 2007, after ending a phone call with a friend, Stacy Ann Peterson was never seen nor heard from again. She’s lovingly and fondly remembered by her sister, family and friends as a wonderful, devoted mom, someone who loved to be with family, especially when gathering to celebrate a happy occasion, and someone who wouldn’t hesitate to help another, if needed. Stacy’s disappearance and ensuing story touched many people, including strangers who never knew or met her–strangers who devoted week after week to search for her, who became friends with her sister and family members, and vowed to keep looking for her until she was found.

Tuesday, October 27, the WE network show: “Secret Lives of Women” is airing an episode called “Loved & Controlled” which will feature three stories, one of them the Drew Peterson cases. Anna Doman and Cassandra Cales , will be talking about their sisters, Kathleen Savio and Stacy Peterson and what life was like living with Drew Peterson.

In the clip below, Cassandra looks back at Stacy’s life, and her disappearance.

And Anna Doman talks about the mysterious death of her sister.

Upcoming Air Dates:
Tuesday, October 27 at 10pm | 9c
Tuesday, November 3 at 11pm | 10c
Tuesday, November 10 at 4pm | 3c
Tuesday, November 24 at 8pm | 7c
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This Saturday: Remember Stacy Peterson and help victims of abuse

Stacy Peterson, missing since October 28, 2007

This Saturday, October 24, you are invited to participate in Groundwork’s First Annual Angels Against Abuse 5k Walk to raise funds for Guardian Angel Community Services, a Joliet-based non-profit that provides services to victims and families of domestic violence.

In memory of Stacy Peterson, Team: “Angels For Stacy” is partnering with the missing persons advocacy organization, Peace4 the Missing.

Visit the team page to join the team, walk, sponsor or make a donation.

By the way, you don’t need to join the “Angels for Stacy” team to participate. You can join a different team, start your own, or register without joining any team.

• WHERE:
  Hammel Woods, Crumby Recreation Area, Shorewood IL
  Enter on Black Road, .25 miles east of Rt. 59
• WHEN:
  Saturday, October 24, 2009
  8:00am Check-In. On-site Registration
  8:45am Opening Remarks by Will County State’s Attorney, James W. Glasgow
  9:00am Walk Begins
• FEE:
  $10 Registration
  Free T-Shirt with $50 Donation

Groundwork is a domestic violence program of the Guardian Angel Community Services, a non-profit 501c (3) social service agency. Groundwork operates a 24-hour emergency shelter that provides a safe haven for victims. Last year the shelter provided almost eight thousand nights of shelter. Nearly a third of those nights were for children who had been impacted by domestic violence. Additionally, Groundwork operates a 24-hour hotline providing crisis intervention, safety planning, information and referrals. All services are offered to victims free of charge. Groundwork also offers legal advocacy as well as individual and group counseling to adults and children.

Team Angels for Stacy/Peace4 the missing is not associated with the Friends of Stacy Peterson.

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Civil case against Drew Peterson to proceed

Peterson civil case can proceed

October 14, 2009 (CHICAGO) (WLS) — A Will County judge ruled Wednesday that the civil lawsuit against Drew Peterson can proceed.
The family of Peterson’s third wife Kathleen Savio filed a wrongful death lawsuit against Peterson.

The former Bolingbrook police officer is also charged in criminal court with murdering Savio.

Peterson’s attorney had asked that the judge issue a stay on the Savio family’s civil case pending the outcome of the criminal case.

“The judge didn’t stay the case, didn’t freeze the case. But he also said that Drew or indicated that Drew can take his Fifth Amendment privilege in answer to any question or any pleading,” said Joel Brodsky, Peterson’s attorney.

Savio’s death was originally ruled an accident, but the case was determined to be a homicide after Peterson’s fourth wife Stacy disappeared.

Read the story at ABC7/WLS, Chicago

Thanks TAI, for posting the news.
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