Judge Burmila has ruled that the jurors for Peterson’s trial will be chosen from the original jury pool of 175 chosen two years ago
The media has been cleared from the courtroom while the defense argues to bar certain statements from Pastor Neil Schori who met with Stacy Peterson a few weeks before her disappearance. Schori has testified at pre-trial hearings that Stacy told him Drew “did it”, that he killed Kathleen and coached her for hours on what she should say to the police.
Judge Burmila has decided the scene of Kathleen Savio’s death cannot be recreated in court and ruled that three of seven video clips from Peterson are inadmissible.
Judge Burmilla rejects defense motion about prosecution’s alleged lack of evidence and tells them to instead raise objections in court and seek a directed verdict.
The judge is allowing four of the videos (seven total). However, he is allowing the others by the use of transcript. Harry Smtih is testifying that Kathleen Savio was afraid for her life and instructed him to speak out if anything happened to her.
Attorney Smith has testified that he has not told everything that Kathleen Savio told him, considering some of it to fall under attorney-client privilege. Judge Burmila says that he will meet with Smith privately tomorrow to hear him.
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Drew Peterson is in court today for arguments about pre-trial motions in advance of his trial for murder which begins at the end of July.
We’ll be updating this post throughout the day and keeping track of proceedings in the comments thread.
~By commenting you agree to be bound by the rules of this blog. You can contact admins directly by sending an email to petersonstory@gmail.com.~
Jon Seidel @SeidelContent
Today’s #DrewPeterson hearing has been delayed until. 12:30 p.m. No action yet.
It would appear that some of the defense team are late to the proceedings. I think last time Joel Brodsky was about an hour late.
Well, Drew. You get what you pay for!
The unofficial president of the Drew Peterson Fan Club is in attendance. (looking a little worse for wear).
Jon Seidel @SeidelContent
#DrewPeterson lawyers hashing out motions. Jurors will be picked from original pool, judge says, despite objections. Hearing continues at 2.
I’d sure like to know if the interview/gag order issue is going to come up. Shouldn’t it?
Jon Seidel @SeidelContent
#DrewPeterson team now arguing motion about Stacy’s pastor. Judge clears media from courtroom.
Rescue, maybe the state is just going to let that interview ride. considering it contains Peterson stating that his alibi witnesses are liars. Maybe there’ll be more interviews to come, with more statements that the state can use against Drew.
Joel Brodsky – “I am a good lawyer”
Craig Wall @craigrwall
Peterson judge clears court for hearing on sealed evidence. Involves pastor who said Stacy Peterson told him Drew admitted killing 3rd wife
Maybe the judge addressed the issue of two defense attorneys being late, after one was late for the last hearing.
http://napervillesun.suntimes.com/news/12995681-418/drew-peterson-back-in-court-wednesday.html
How many were in the orginal jury pool? I think it was 150 or 200, but not sure.
NBC is reporting 175, Grandam.
Thanks, facs. I think I posted question about the same time you posted article.
I can’t wait for some clarification about the video clips. I’m hoping they are clips from Drew’s interviews that his lawyer shopped him out to do.
It may relate to the same video evidence that was being looked at in motions two years ago:
http://tinyurl.com/bp39rbo
Craig Wall @craigrwall
We may hear testimony from Kathleen Savio’s divorce lawyer during today’s Drew Peterson hearing. Getting more interesting @foxchicago
Jon Seidel @SeidelContent
#DrewPeterson courtroom is again open to media but judge is on a short break to read a motion.
Jon Seidel @SeidelContent
#DrewPeterson lawyer accused prosecutors of burden-shifting.
I assume this refers to the fact that the ‘burden of proof’ is upon the prosecution to prove guilt. It shouldn’t be up to the defense to prove their client’s innocence.
Jon Seidel @SeidelContent
“If you accept their theory any trained police officer is the best killer in the world.” ~ #DrewPeterson lawyer Steven Greenberg
Jon Seidel @SeidelContent
#DrewPeterson judge rejects defense motion about prosecutors’ alleged lack of evidence, tells them to raise objections, seek direct verdict.
FYI: directed verdict n. a verdict by a jury based on the specific direction by a trial judge that they must bring in that verdict because one of the parties has not proved his/her/its case as a matter of law (failed to present credible testimony on some key element of the claim or of the defense). A judge in a criminal case may direct a verdict of acquittal on the basis the prosecution has not proved its case, but the judge may not direct a verdict of guilty, since that would deprive the accused of the constitutional right to a jury trial
Jon Seidel @SeidelContent
Former Kathleen Savio attorney Harry Smith just finished testifying in #DrewPeterson hearing.
Smith said Savio repeatedly told him she didn’t want #DrewPeterson to benefit from her death.
“Kathy wanted me to make sure that her death, if unresolved, did not go without repercussions for Drew.” ~ Harry Smith #DrewPeterson
Sarah Shulte is reporting live. The judge is allowing four of the videos (seven total). However, he is allowing the others by the use of transcript. I’m sure this information will be more clear later.
Smith said Savio told him it was okay to waive the attorney-client privilege. Still nothing from the judge regarding his ruling.
Jon Seidel @SeidelContent
Smith said Savio made many statements like, “He’s going to kill me. He’s going to make it look like an accident.”
http://abclocal.go.com/wls/story?section=news/local&id=8691174
Jon Seidel @SeidelContent
Kathleen Savio attorney Harry Smith did say he believes some info he received from Savio is still privileged. #DrewPeterson
Jon Seidel @SeidelContent
#DrewPeterson Judge Edward Burmila will meet privately with Savio attorney Harry Smith to find out what she said that he won’t disclose.
Wow. That is just mind-boggling. It was his attorney who trotted Peterson out before the cameras and now he doesn’t want anyone to see it. Just amazing…
Yikes! The defense must be REALLY scared of Smith to carry on like this:
http://shorewood-il.patch.com/articles/lawyer-said-drew-peterson-wife-pleaded-you-can-t-let-him-get-away-with-it
The Skunk of Bolingbrook, sure has a circus act of lawyers to go along with this circus. Sounds to me, JB and friends are getting a little nervous…..
Hmmm maybe I will plan a field trip once the trial begins.
Hmm. I get Greenberg being furious with Smith, because his testimony is powerful, but I don’t get the voice mock-up. Sounds like a school kid having a tantrum. Is this necessary?
Let’s hope that the judge and jury are as turned off by Greenberg’s perma-sneer as we are. Those kind of antics could totally backfire.
http://www.acandyrose.com/kathleen_savio_WLS-AM890harrysmith.htm
Just saw some snippets of interviews with the lawyers on WGN. It was hard not to laugh at the defense team all wearing dark glasses (though the sun was not in their faces) blustering and being snide. If I knew nothing about this case I would have looked at that bunch and wondered who this collection of a-holes was.
http://www.chicagotribune.com/news/local/ct-met-drew-peterson-hearing-0607-20120606,0,2673110.story
And that they are Fac’s, that they are.
I wonder why Greenberg doesn’t mock Brodsky in his imitation-Brodsky-voice for all the face-time on TV and publicity Brodsky orchestrated for years? You know, to get his fifteen minutes of fame and create a name for himself due to the plight of Drew Peterson.
Isn’t there any defense team-member who isn’t a moron? If Peterson gets convicted and it has anything to do with the antics Brodsky helped him participate in, I find it ironic that some of the other team members would be appalled, since at least one in particular looks as unprofessional and moronic as Brodsky, regardless of the expensive suit and sunglasses.
I don’t know, maybe hot shades have special powers, not unlike Scotty of the Starship Enterprise and his beam-me-up abilities.
This is what I find ironic. Brodsky was leading Peterson around on a constant basis in the media for months and months prior to his arrest. In fact, the prosecution is using the face time in their case to highlight inconsistencies in Peterson’s recollection of events. To that end, three face time moments have his goof of an attorney sitting next to him, but the judge won’t allow the sight of the two of them into the prosecution’s case–only the transcripts or audio. Why, so the jury won’t see how his lawyer sold his client down the river by letting him open his big trap instead of reining him in and keeping him silent? Does the judge want to avoid having the jury wonder why Peterson was allowed to give interviews, against common legal advice? On top of that, the idiot who orchestrated it all asked the judge to keep the interviews out of the trial!!!! In other words, he wanted his case tried in the media, but doesn’t want the fallout of the mess heard by jurors in court. Wow, smart move. You lose!!!
Parading a client around, as Peterson was, and letting him yap and yap, is against what the past and present co-counsel engage in. I think it’s safe to say they all agree it’s wise and solid advice to have a client resist public attention and stay away from the limelight. It must be trying and difficult for the non-Brodsky defense team members to refrain from pointing out what a disaster the pre-arrest and post-arrest publicity is, and how woefully counseled the murder defendant was by being allowed to put his foot in his mouth.
I don’t know, why don’t the present defense team members run for the hills because of all the in-house nonsense they have going on? If, on one hand, they’re united in wanting to keep out media appearances during the trial, but stand by and pretend not to notice it’s STILL going on, what are they thinking?????
If Greenberg is so appalled and has to break into a new voice to mock another attorney, who he claims is both in violation of his oath and looking for his fifteen minutes of fame, how is it that he can stand beside Joel Brodsky? The Brodsky that sat next to Peterson during Geoff Pinkus’ radio show, and pretended not to KNOW that the liquor/food establishment Peterson was hawking was BRODSKY’S OWN PERSONAL BUSINESS? Isn’t that violating his oath by using his client for his own gain? Isn’t that unprofessional and self-serving? I guess it’s all good, though, with Greenberg and the other attorneys, because they don’t seem to find the need to use their pretend voices for that.
How can Greenberg, or anyone else, for that matter, stand next to Joel Brodsky and pretend not to know that Brodsky is using their mutual client to get publicity for himself? How could they stay silent after seeing their client’s mug on the front page of the Sun Times, calling his late ex-wife a hellcat, and blaming all of his wives for his failed marriages? That’s helping their client????
Who would have benefited the most if a new attorney (or attorneys) would have come along and publicly denounced the past and present antics and worked to rehabilitate the murder defendant’s lousy image? The lack of concern on the part of the remaining defense team speaks volumes. Do they mean to say THEY are not looking for their fifteen minutes of fame as the attorneys for one of the most prominent murder defendants of the decade?
Heh, maybe Abood, Lenard and Odeh will write their own books, and we’ll get to read what really is behind the mess that is Drew Peterson case. At least they admitted to leaving BECAUSE of their differences with BRODSKY. High road?
The next pre-trial hearing in the Drew Peterson case is scheduled for Thursday, June 14 at 10:00 a.m. CST.
Carefully weighing the request of your client to go the police against the attorney-client privilege and deciding to go to the police. Preposterous?
No. This is preposterous.
http://www.helium.com/items/752074-reflections-did-drew-peterson-kill-his-wife
Wearing dark glasses just makes it that much easier to be an a-hole. Notice that they aren’t even standing in the sunshine. Glasgow gave his sound bite from the same location and wasn’t afraid to show his eyes.
http://petersonstory.files.wordpress.com/2012/06/defense-team.jpg
BTW, the new kid sans shades is a law student from Northwestern. His name is Sevon Avakian. (He didn’t get the memo)
Yeah, well, the expensive suit and dark glasses isn’t making Greenberg much of a class act. Ho hum. I guess Drew Peterson brings out the worst in a lot of people.
IMO, Judge Burmilla doesn’t want to be the one to ‘prove’ the case of malpractice against the team of boobs representing DP in his murder trial. The ethical attorneys, Abood, Lenard and Odeh, took the high road and left that moron circus.
Hi Judgin!
Ha, Brodsky calling what Atty Smith is doing preposterous. I’m having a real laugh at that one. Signing a dead client’s name twice is what? A professional, dignified, upstanding lawyer? Yeah, right.
Who knew that lawyers need communications classes nowadays to talk in others’ voices to get their points across.
I bettcha someone eating chicken wings while watching Brodsky talk in the above video came close to choking on them!
I’m not exactly sure but I think it is possible to argue in a client’s defense without resorting to insults and mocking.
We all have observed attorneys successfully representing their clients in a professional manner,
As Facs and Rescue point out … for the past several years we have been unimpressed by the circuslike antics of mouthpieces who lower themselves into the gutter to carry out and magnify the inane defense strategies and behavior of their wisea$$ ex-cop client.
What else are they supposed to do? It appears to be too difficult to cover up damning evidence.
Maybe the existing jury pool appears to be too intelligent for this defense team. ^_^
The defense seems to be fighting very hard to keep out Smith’s testimony. Could their logic be to keep pounding on Smith in the media so the image they’re trying to create of him leaves a bad impression in the public? Is this to deflect the impact of his testimony, and what still may be to come?
It’s no secret that both Kathleen and Stacy made comments about knowing things about Drew Peterson. Obviously, that would mean they were involved by keeping silent about goings-on that aren’t exactly pretty. I’m not implying they did anything wrong, but they may have had knowledge of illegal activities, etc., that they kept their mouths closed about.
Maybe, in particular, Kathleen acknowledged this to Harry Smith, and that is what he’s claiming is still part of the attorney/client privilege.
I hope HS informs the judge that any illegal activities that DP’s wives, Kathleen and Stacy might have known about or been involved in had to be because of the insidious manner in which DP operated. DP’s financial operations in his many businesses, bar ownership and personal relationships come to mind. There are plenty of violations, suspensions, forced sales and violence notated in public records.
insidious
adjective
1. intended to entrap or beguile: an insidious plan.
2. stealthily treacherous or deceitful: an insidious enemy.
3. operating or proceeding in an inconspicuous or seemingly harmless way but actually with grave effect: an insidious disease.
More video from the hearing with ugly sound bites from the defense and some words from Sue Savio about her sister.
Puts the defense in a very strange position, doesn’t it?
Now that they’ve called Harry Smith a liar and a fame-whore and cried to the heavens that he should be barred from the legal profession for violating the attorney-client privilege, they now want him to cough up everything Kathleen said in the hopes that they can use something in Peterson’s favor.
Yup, what a dilemma… what to do now.
It’s impossible to keep track of what the defense is whining about. On one hand, they say he violated the attorney client privilege by coming forward with this information, although it took him three years to do so. On the other hand, Lopez says it never happened. He’s lying. All in the same interview.
Now, I’m not a legal scholar, but if you watch the above video, it doesn’t take much to realize no one is on the same page. They’re just throwing out soundbites. How is Smith violating the privilege if he’s lying about it? Just a simple question….
Greensberg doesn’t want the prosecution to say “may be someone got in through the garage, maybe some one got in through a window…etc…” I agree with that, instead just use how examples of how Drew gained entry in the past.
A slip of the lip…
might sink that ship!
Steve Greenberg is something else. If this video of him making absolutely nonsensical comments on Fox News in the Morning isn’t enough to show how worthless his soundbites are, I don’t know what is.
maybe Greenberg should actually try reading the files instead of listening to Brodsky.
…At least one woman and three men, including an attorney and a Bolingbrook police officer, went to the state police soon after her body was discovered and tried to report the suspicions they harbored about her ex-husband, Drew Peterson.
Savio’s boyfriend, Steve Maniaci, not only talked to police, but confronted Peterson in person:
Kathleen Savio’s divorce attorney Harry Smith had heard Savio’s fears and had promised her he would speak out if something happened to her…and he did:
Kathleen’s sister also told the jury at the inquest of Kathleen’s fears.
Heh. Every time I look at and hear Greenberg make a big deal out of “not one person” coming forward after Kathleen’s death in this video, I’m reminded that defense attorneys are all about smoke and mirrors. If they say it, it must be true. Not!
There’s also a comment Lopez made some time ago, during his participation in the mock trial of Drew Peterson, about how “close” Stacy Peterson’s relationship with Scott Rosetto was, yet she never told him about knowing DP killed Kathleen. Facs pointed it out in a JC thread:
In JC’s FAQ:
http://petersonstory.wordpress.com/peterson-faq/#w
When it comes to trying to bar evidence/testimony in this case the defense has exhibited some downright schizophrenic arguments.
If a witness was told about Drew killing Kathy (or Kathy’s fears that she’d be killed) and they came forward, then according to the defense, they have violated either a sacred oath, a counselor’s privilege, or attorney-client privilege and are therefore the scum of the earth for divulging these confidences.
If the testimony is deemed admissible despite that argument, then suddenly the witnesses are money-grubbing fame-whores and above all filthy liars!
It’s funny because in the first case, in order to bar the testimony there is an assumption that there were actual confidences there to protect, yet it doesn’t keep the defense from doing a 180 as soon as the testimony is deemed admissible to then decry it all as despicable lies.
Then the defense swoops in to point out that the witness didn’t go to authorities with what they heard in a timely enough manner (according to the defense). We are supposed to interpret any delay or failure to get the attention of the authorities as an indication of something REALLY BAD about the witness. They appear to be hoping that if they sneer and mock the witness sufficiently then the court will make an oblique jump in logic so that a delay in getting the message to authorities means that their testimony is fabricated.
While making this argument the defense is really hoping you’ll forget the whole earlier arguments about privilege and confidence, because of course if you think about that, you’ll logically assume that the witness might very well have been considering the ethics of coming forward and how much of what they knew could or should be shared. The defense is hoping the court won’t accept that ethical consideration and respect for the confidences of the victim might be the very thing that delayed their coming forward.
You’d think it would be kind of embarrassing to argue out of one side of your mouth and then the other. (Harry Smith shouldn’t be allowed to talk. No, wait! Now we want him to be allowed to testify to everything! No. we mean he’s a preposterous liar! Well, only if he’s allowed to testify to the bad stuff our client did.) Especially when all the accompanying sneers and insults are recorded for posterity.
No wonder they all don the dark glasses before addressing the media.
I went back to youtube for some defense sound bites from back in 2010 when Atty Smith testified at the hearsay hearings, to see how Joel was addressing his testimony at that time.
At that point there wasn’t a peep from the defense about attorney-client privilege nor was Smith accused of being a liar. Brodsky is on tape saying that it was Kathleen who lied to Smith because she “would have said anything to hurt Drew”.
Yup they just fling whatever they think of in the hopes that something will stick.
FYI, I’m expecting to see either a FOX special on the Peterson cases, or an interview with someone close to the case since they’ve been researching the blog/our documents for hours on a daily basis this last week.
I’ll be curious to see what comes out of it…
According to this interview with Harry Smith, he made all public documents available to the ISP at the time of Kathleen’s death inquest. I also wonder if the coroner was ever shown them?
http://www.acandyrose.com/kathleen_savio_WLS-AM890harrysmith.htm
http://www.morrisdailyherald.com/2012/06/08/lawsuit-filed-in-womans-toilet-drowning/ah5e8yc/
New post is up now!
http://petersonstory.wordpress.com/2012/06/09/the-schizophrenia-of-the-drew-peterson-pre-trial-defense/