Attorney Walter Maksym (second from left) has been kicked off the Peterson legal team.
One of Drew Peterson’s attorneys, Walter Maksym, was asked to step down as Peterson’s legal representative after being reprimanded by a federal appeals court.
Yesterday in a scathing ruling Maksym was called out after repeatedly submitting unintelligble appeals that “flagrantly disobeyed” court instructions, leaving defendants unaware of what charges were being leveled against them.
In short, Maksym’s entire approach to this case was alarmingly deficient. For all the foregoing reasons, we hold that the district court was well within its discretion to deny leave to file the second amended complaint and to dismiss the case with prejudice. We also order Maksym to show cause within 21 days why he should not be removed or suspended from the bar of this court or otherwise disciplined under Rule 46(b) or (c) of the Federal Rules of Appellate Procedure. We also direct the clerk of this court to send a copy of this opinion to the Attorney Registration and Disciplinary Commission of Illinois for any action it deems appropriate.
Quick to attempt some damage control, Joel Brodsky sent out a press release announcing that Maksym had been asked to “step aside” from Peterson’s legal team, making sure to point out that Maksym was not representing Peterson in the case of Kathleen Savio’s murder, but only in civil matters, like his failed suit against JPMorgan Chase Bank, the attempt to rent out Peterson’s house to the highest bidder, or the ridiculous cease and desist letter sent to the makers of a Lifetime movie, in an attempt to halt its progress.
Maybe now Walter Maksym can devote more time to his other pursuits, like producing movies starring retired porn stars. He might even consider writing a sequal to the sex manual he co-authored and advise us all on how to have a two-hour orgasm!
They can question the accuracy of Joe Hosey’s book all they like, but if Peterson truly had objections to it, why didn’t he go after it two years ago, when it was published? And why the bolded paragraph specifically ripping Hosey and his book? It comes off as petty and personal. Has the defense team seen the script for the movie yet to know what they are objecting to?
Sadly, I’m convinced that Peterson’s problem with the movie has far less to do with any concerns over accuracy or his upcoming trial than it does with money and the fact that he isn’t getting any money from the deal.
For a further break down and discussion please read the comments section.
Two years ago, Drew Peterson was arrested and charged with the murder of his third wife, Kathleen Savio. Since that day he has resided at the the Will County Adult Detention Facility in Joliet awaiting his trial which is on hold indefinately, while we await a decision by the appellate court on whether or not they will overturn Judge White’s decision on what hearsay testimony can be admitted. We’ve continued to follow the case this last year. So, what has changed since May 7, 2009?
Legal Representation
Two years ago: Brodsky & Odeh, Abood Law, and John Paul Carroll represented Drew Peterson. George D. Lenard joined the case in December of 2009. One year ago:Andrew Abood and George Lenard withdrew from the case in April of this year, citing irreconcilable differences with Joel Brodsky. John Paul Carroll had a complaint filed against him in September and appears to have left the case. Presently, attorneys from Brodsky & Odeh, Steven A. Greenberg and Associates, Law Offices of Meczyk Goldberg, Joseph R. Lopez, P.C., and Walter P. Maksym Jr. made up the “Seven Samurai” representing Peterson in court. Today: After months of rumors of arguing and even a physical incident at the law offices of Brodsky & Odeh, Reem Odeh left the partnership and withdrew from the Peterson defense team in September. In February of this year, Lisa Lopez, wife of Joe Lopez, assisted with the oral arguments regarding the hearsay decision before the Appellate court, which were presented by Steven Greenberg.
Media Exposure
Two years ago:Drew’s last interview was given over the phone to a WLS radio show host, Eric Mancow Muller, from jail on May 27, 2009. He also gave one other in-jail phone interview on May 15, to Matt Lauer of the Today show. One year ago:Drew was prohibited from giving interviews to the press. Today: Despite the gag order prohibiting interviews, Peterson has spent the year writing letters and statements that have been provided to the media, in particular to gossip columnist for the Chicago Sun Times, Michael Sneed.
Judges
Two years ago: Judge Richard Schoenstedt was first assigned to the case; then Judge Carla Alessio-Policandriotes and finally Judge Stephen White. Will County Chief Judge Gerald Kinney made the new appointments. Judge Daniel J. Rozak set Peterson’s bond. One year ago: Judge Stephen White presided over the case. Today: Judge Stephen White retired in October 2010. There is presently no judge assigned to the Kathleen Savio murder case.
Hearsay Evidence
Two years ago: The Hearsay Statue was passed into legislation November, 2008 One year ago: In October 2009, Peterson’s defense lost a motion to declare the act unconstitutional. Hearsay evidence and witnesses were heard during hearings in January 2010. Today: The judge’s decision regarding the hearsay statements was leaked in July 2010, revealing that possibly fewer than five of the 15 statements being considered were to be allowed. This decision was appealed by the prosecution. During February oral arguments before the appellate justices, States Attorney Jim Glasgow was asked what he now wanted to “hang” his argument on. Glasgow said that he chose “804 (b)” or, in other words the common law doctrine that is part of the Illinois Rules of Evidence (rather than the so-called “Hearsay Law”). We are presently waiting on the opinion of the appellate justices.
Peterson family
Two years ago: Drew’s four youngest children were left in the care of their step-brother, Oak Brook Police Officer, Stephen Peterson. Today : In August 2009, Stephen Peterson was suspended for accepting and hiding weapons for his father, shortly after the disappearance of Stacy Peterson. In February 2010, Peterson was fired from Oak Brook Police Force. He is presently appealing his dismissal. Son, Thomas, wrote a letter and made a filing asking to be removed from the Savio family’s civil suit against Drew Peterson. This has not been granted yet. Tom Peterson was chosen as valedictorian of his graduating class.
Drew’s Love Life
Two years ago:Christina Raines was at the house that Drew and Stacy Peterson shared at the time or his arrest and was also taken into custody. She removed her belongings from his home shortly afterwards. Raines is on the list to visit Drew in jail. One year ago: In January Raines posted a status update on her Facebook page stating, “I met someone who i fell in love with and very happy with. I think i just about gave up on drew with all his lies i dont even really visit him anymore.” and then, “But his kids i love dearly and still visit with them they are good kids” Today: In August 2010 we heard that Christina Raines was engaged to a new man. In February 2011 we obtained a photo of Chrissy with her fiancé. In April, an old acquaintance of Drew’s, Diana Grandel, released some letters from Drew in which he made sexual comments to her and offered Stacy’s clothing to her.
Two years ago:When Drew was arrested, he was preparing to fly out to the Bunny Ranch Brothel in Reno, Nevada, to see if he would be a good fit as head of security there. One year ago: Soon after Drew’s arrest he attempted to have his motorcycle auctioned off on eBay. He was asking for $50,000 and offered to apply a decal with his signature on the bike. eBay removed the auction for violation of its “murderabilia” rules. Today: While Drew’s bids for attention have been mostly curtailed due to his detention, his lawyer and PR people continue to pepper the news with updates and letters from him detailing everything from his life in jail to his opinions about the legal decisions regarding his children. More recently Kathleen’s oldest son, Tom, has been the subject of news stories and has written his own letters to the press in support of his father.
Stacy Peterson
Two years ago: Missing. No communication from her since October 28, 2007. Searches were ongoing. One year ago: Still missing with no sightings or communication from her. Today: In August 2010, based on a tip, searches for Stacy’s remains took place near Peoria. No evidence was found.
Drew Peterson has a new reason for wishing he hadn’t listened to his lawyer. His complaint against JPMorgan Chase Bank has been dismissed and they are asking to recover costs from Peterson.
Back in November of 2007, shortly after Stacy Peterson went missing, Drew was seen making preparations for what seemed to be his imminent arrest. His son Stephen arrived at his house to collect the youngest children and to receive funds. Drew’s friend Ric Mims told the Enquirer, “I watched Drew write a check for a little over $200,000 from a home equity line and give it to Steve in case something happened to him.”
By May 2008 Peterson’s lawyer, Joel Brodsky, was telling people on a message board that Drew had replaced the money. His description of the reason for the withdrawal veered a bit from Mim’s. Brodsky wrote, “Drew initally pulled that money out to prevent Stacy from getting it to enjoy with her paramour, but now he put it back because if she pulls it out then she has shown herself and Drew is off the hook so to speak.” It might be safe to assume that the money was returned on Brodsky’s recommendation.
Not surprisingly, Stacy has yet to attempt to withdraw any money from that account, but in the fall of last year, Peterson tried again to access his HELOC; this time to pay for his defense after being charged with murdering his third wife, Kathleen Savio. JPMorgan Chase Bank denied him the funds and cited “imprisonment” as the reason for suspending his home equity line, saying that Drew’s arrest for murder constituted a material change in his financial condition. Continue reading →
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.
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Quick to attempt some damage control, Joel Brodsky sent out a press release announcing that Maksym had been asked to “step aside” from Peterson’s legal team, making sure to point out that Maksym was not representing Peterson in the case of Kathleen Savio’s murder, but only in civil matters, like his failed suit against JPMorgan Chase Bank, the attempt to rent out Peterson’s house to the highest bidder, or the ridiculous cease and desist letter sent to the makers of a Lifetime movie, in an attempt to halt its progress.
Drew Peterson has a new reason for wishing he hadn’t listened to his lawyer. His complaint against JPMorgan Chase Bank has been dismissed and they are asking to recover costs from Peterson.
