Recently, I spent an afternoon looking back at all the posts and threads from January 19-February 19th, 2010. You’ll remember that this is when Drew Peterson’s pre-trial hearings took place. The prosecution called over 60 witnesses to testify about not only the Kathleen Savio murder case, but Stacy Peterson‘s disappearance. Judge Stephen White used the evidence presented during these hearings to decide which if any hearsay evidence could be admitted in Peterson’s murder trial (the judge’s decision barring some testimony was overturned in April).
Specifically, I watched all the youtube video clips from the news during the hearings. One thing that struck me was that the formula for most clips is pretty much the same. A reporter gives a run-down of the day’s events and then Joel Brodsky gets some face time to refute the testimony and/or attack the witnesses’ credibility. Although Brodsky starts sounding like a broken record (especially after watching a few clips in succession) it certainly clears away any question of “media bias”. As far as the news goes, the coverage was undeniably fair.
A lot of the evidence presented had to do with the disappearance of Stacy Peterson. It’s highly likely that none of that testimony will be heard in the trial for Kathleen Savio’s murder. But it was presented at the pre-trial hearing in order to convince the judge that Drew made Stacy unavailable to testify, and so forfeited his right to confront, which cleared the way for her hearsay evidence (what she told her pastor, a friend and attorney Harry Smith about Drew killing Kathleen) to be admitted.
I don’t think any of us can predict exactly what will end up being presented in the upcoming trial–the defense is filing motions to bar as much as they can–but the videos are an excellent refresher on the State’s witnesses (at least those available in the Winter of 2010), and the evidence against Drew Peterson. I decided to embed all the videos in one post for easy viewing. They are in chronological order.
There are a LOT of them so pace yourself!
Drew Peterson hearsay testimony begins
Stacy Peterson’s Uncle, former boss testify at hearsay hearing
Drew Peterson’s stepbrother testifies in hearsay hearing
On Monday it will be three years since Drew Peterson was arrested and charged with the murder of his third wife, Kathleen Savio. Since that day he has resided at the Will County Adult Detention Facility in Joliet awaiting trial. So, what has changed since May 7, 2009?
Trial Status
Today: At a pre-trial hearing on May 4, 2012 Peterson’s defense team indicated that they could be ready to go to trial in 60-90 days.
Legal Representation
Today: In September, Attorney Walter Maksym was asked to “step aside” from the legal team after he was criticized by the federal appeals court for filing “unintelligible” court papers that were “riddled with errors”. As the case nears trial, it has been announced that Atty Joe Lopez will present closing arguments. One Year ago: After months of rumors of arguing and even a physical incident, Reem Odeh left the partnership and withdrew from the Peterson defense team in September 2010. In February of 2011, 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. Two years ago:Andrew Abood and George Lenard withdrew from the case in April of 2010, citing irreconcilable differences with Joel Brodsky. John Paul Carroll had a complaint filed against him in September and appears to have left the case. Attorneys from Brodsky & Odeh, Steven A. Greenberg and Associates, Law Offices of Meczyk Goldberg, Joseph R. Lopez, P.C., and Walter P. Maksym Jr. then made up the “Seven Samurai” representing Peterson in court. Three years ago: Brodsky & Odeh, Abood Law, and John Paul Carroll represented Drew Peterson. George D. Lenard joined the case in December of 2009.
Media Exposure
Today: The Sun-Times continues to shill for Peterson. On April 17 they featured a sympathetic story and cover photo of Drew Peterson after the state won their appeal to get more evidence admitted to his trial for murder. One year ago: Despite the gag order prohibiting interviews, Peterson spent 2011 writing letters and statements that were provided to the media, in particular to gossip columnist for the Chicago Sun Times, Michael Sneed. Two years ago:Drew was prohibited from giving interviews to the press. Three 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.
Judges
Today: On May 4, 2012, Judge Edward Burmilla was assigned to the case. One year ago: Judge Stephen White retired in October 2010. Two years ago: Judge Stephen White presided over the case. Three 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.
Hearsay Evidence
Today: After the appellate court did not reconsider the barred hearsay statements due to a missed deadline, the State appealed to the Illinois Supreme Court which decided that the appellate court should consider the evidence on its merits. In April the appellate court reversed Judge White’s decision and decided that the hearsay statements were reliable and admissible in court. Peterson’s defense announced that they would not appeal and wanted instead to go to trial. One year ago: 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”). Two years 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. Three years ago: The Hearsay Statue was passed into legislation November, 2008
Books, Plays and Movies
Today: In June 2011, the Annoyance Theater in Chicago presented a satirical play, Waiting for Drew Peterson, about two sisters obsessed with Drew Peterson. In January of 2012, the Lifetime movie network aired the movie, “Drew Peterson: Untouchable“. Based on Joe Hosey’s book, Fatal Vows, it broke all viewing records for the network. In February of this year, the Raven Theater of Chicago presented, Dating Walter Dante, a play inspired by the love life of Drew Peterson.
Peterson family
Today: Stephen Peterson is still appealing his dismissal. His next court date is scheduled for May 9. One year ago: 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 and appealed his dismissal. Thomas Peterson 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. Three years ago: Drew’s four youngest children were left in the care of their step-brother, Oak Brook Police Officer, Stephen Peterson.
Drew’s Love Life
Today: Gossip columnist Michael Sneed reports that Peterson has over 20 pen pals (male and female), at least four of whom contribute to his funds at the commissary so that he can enjoy snacks while he awaits trial. One year ago: 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 2011, 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: 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” Three 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.
Stunts
Today: Besides frequent mundane snippets in the gossip columns about Peterson’s life in prison, all has been quiet. One year ago: While Drew’s bids for attention have been mostly curtailed due to his detention, his lawyer and PR people continued 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. Kathleen’s oldest son, Tom, was the subject of news stories and wrote his own letters to the press in support of his father. Two years 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. Three years ago: At the time 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.
Stacy Peterson
Today: Airings of the movie, “Drew Peterson: Untouchable” brought about some new tips and offers of assistance in regards to the search for Stacy Peterson. She is still missing. One year ago: In August 2010, based on a tip, searches for Stacy’s remains took place near Peoria. No evidence was found. Two years ago: Still missing with no sightings or communication from her. Three years ago: Missing. No communication from her since October 28, 2007. Searches were ongoing.
The appellate court has finally reconsidered the eight barred hearsay statements on their merits and have decided to reverse the earlier appellate decision to bar them. They have decided that the statements are reliable and admissable at trial which can now go forward. We could be seeing a trial as early as June!
However, this doesn’t mean that the earlier barred evidence will necessarily be heard at trial. In the decision Justice William Holdridge pointed out that,
…We do not mean to suggest, however, that the circuit court is required to admit those eight statements during the trial. Rather, we merely hold that the statements are admissible under Rule of Evidence 804(b)(5) and should be admitted under that rule unless the circuit court finds they are otherwise inadmissible.
In other words, the statements have been ruled admissible under the long-established common laws of forfeiture by wrongdoing, which is what James Glasgow had argued for back in February 2011, but they won’t all necessarily make it into the trial.
Although this decision is a huge win for the state, it did not come without some chastisement over the controversial hearsay statute (which has been referred to as Drew’s Law) that Glasgow first hung his case on but then ultimately begged the court to toss aside:
…one would expect the State either to enforce the statute as written or act to repeal the statute, not urge the courts to ignore it.
These are the hearsay statements that have been deemed reliable (based on our research. The original decision was sealed, but leaked). The statements in red are the ones that were originally barred but are now admissible.
1. Kathleen Savio’s letter to then-Will County Assistant State’s Attorney Elizabeth Fragale complaining of Drew Peterson’s abuse, including an alleged July 2002 attack when he put a knife to her throat.
2. Kristin Anderson’s testimony that Savio told of her fears that Peterson would kill her while her family briefly rented Savio’s basement in 2003.
3. A fellow student at Joliet Junior College, Mary Park’s testimony that she saw red marks on Kathleen’s neck that Savio attributed to Peterson in 2003.
4. Savio’s co-worker, Issam Karam’s testimony that Savio told him Peterson came into her home and held a knife to her throat.
5. Kathleen’s sister, Susan Savio’s testimony about her sister’s fears that Peterson would kill her.
6. Kathleen’s sister, Anna Doman’s testimony that shortly before she died, Savio asked Doman to care for her children if she died, saying Peterson wanted to kill her.
7. Savio’s handwritten statement attached to a Bolingbrook police report on the July 2002 incident.
8. Six audio excerpts from a June 13, 2003, taped conversation Savio had with an insurance company over a claim she put in for allegedly stolen jewelry.
9. Savio’s Aug. 6, 2003, statement to the insurance company
10. Savio’s divorce attorney, Harry Smith’s testimony that Stacy contacted him about divorcing Peterson shortly before she vanished.
11. Stacy’s friend, Scott Rossetto’s testimony that she told him Peterson coached her as an alibi witness in Savio’s death.
12. The Rev. Neil Schori’s testimony that Stacy told him Peterson returned home dressed completely in black and carrying a bag of women’s clothing in the late morning on the day Savio’s body was found. Stacy also told him Peterson coached her to provide his alibi.
13. Stacy’s Joliet Junior College classmate, Michael Miles’ testimony that Stacy told him before Savio’s 2004 death that Peterson wanted to kill his ex-wife but that Stacy talked him out of it.
I apologize if everyone is tired of this graphic, but what can I say? Once more, it’s been decided that Drew Peterson is better off staying in jail while the prosecution appeals a decision about evidence in the case of Kathleen Savio’s murder.
Peterson’s defense team has tried repeatedly to spring his release during the appeals process because Illinois law states,”a defendant shall not be held in jail or to bail during the pendency of an appeal by the state–unless there are compelling reasons for his continued detention or being held to bail.”
It’s most likely that the compelling reason is the evidence and testimony presented at the historic hearsay hearings that took place in the winter of 2009. One could suppose that Judge Stephen White, the appellate justices and now the Illinois supreme court justices have seen and heard enough to make them believe that Peterson killed one or more of his wives. Of course, the decisions have been sealed in order to protect Peterson’s right to a fair trial.
We still wait to see if the Illinois Supreme Court will hear the prosecution’s latest appeal. That decision should come by the end of the month.
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.
Oral arguments will be presented to the Third Appellate Court of Illinois next week pertaining to specific hearsay statements that Judge Stephen White decided should not be heard at Drew Peterson‘s murder trial. Each side is usually allotted 15 minutes or so but Peterson’s defense has requested an additional 30 minutes of time for arguments [UPDATE 2/10: The request was denied]. Unlike last year’s hearsay hearings, news cameras will be allowed at the proceedings.
It was a year ago that Judge White was presented with two weeks worth of evidence and hearsay testimony that the State want admitted to help prove that Drew Peterson killed his third wife, Kathleen Savio. Although his decision on these statements was sealed, it was leaked to the press and while reports varied as to what the final decision was it’s possible to piece together a pretty good guess at which statements passed muster and which were not allowed.
Originally, there were 15 statements being considered. During the first days of the hearsay hearings, the defense challenged the testimony of Pastor Neil Schori and two of his statements were struck down due to the fact that he had served as counselor for both Stacy Peterson and Drew Peterson. The two statements made to Neil Schori while in the Peterson home were not allowed, but he was allowed to testify to what Stacy had told him in a public place.
So this left 13 statements to be considered and according to the Chicago Tribune’s report and others, here they are. The statements that have been struck down and are now being appealed (to the best of our knowledge) have been crossed out:
1. Kathleen Savio’s letter to then-Will County Assistant State’s Attorney Elizabeth Fragale complaining of Drew Peterson’s abuse, including an alleged July 2002 attack when he put a knife to her throat.
2. Kristin Anderson’s testimony that Savio told of her fears that Peterson would kill her while her family briefly rented Savio’s basement in 2003.
3. A fellow student at Joliet Junior College, Mary Park’s testimony that she saw red marks on Kathleen’s neck that Savio attributed to Peterson in 2003.
4. Savio’s co-worker, Issam Karam’s testimony that Savio told him Peterson came into her home and held a knife to her throat.
5. Kathleen’s sister, Susan Savio’s testimony about her sister’s fears that Peterson would kill her.
6. Kathleen’s sister, Anna Doman’s testimony that shortly before she died, Savio asked Doman to care for her children if she died, saying Peterson wanted to kill her.
7. Savio’s handwritten statement attached to a Bolingbrook police report on the July 2002 incident.
8. Six audio excerpts from a June 13, 2003, taped conversation Savio had with an insurance company over a claim she put in for allegedly stolen jewelry.
9. Savio’s Aug. 6, 2003, statement to the insurance company
10. Savio’s divorce attorney, Harry Smith’s testimony that Stacy contacted him about divorcing Peterson shortly before she vanished.
11. Stacy’s friend, Scott Rossetto’s testimony that she told him Peterson coached her as an alibi witness in Savio’s death.
12. The Rev. Neil Schori’s testimony that Stacy told him Peterson returned home dressed completely in black and carrying a bag of women’s clothing in the late morning on the day Savio’s body was found. Stacy also told him Peterson coached her to provide his alibi.
13. Stacy’s Joliet Junior College classmate, Michael Miles’ testimony that Stacy told him before Savio’s 2004 death that Peterson wanted to kill his ex-wife but that Stacy talked him out of it.
We can’t be completely sure about this list but it’s our best guess. Continue reading →
Will County Judge Stephen White, who has presided over the Kathleen Savio murder case since June of 2009, has retired as planned. Judge White was the third judge to be assigned to the case after both Judge Carla Alessio-Policandriotes and Judge Richard Schoenstedt were challenged by the lawyers involved.
There is some speculation that Drew Peterson‘s defense may ask for Judge White to be brought out of retirement to hear the case when it does eventually go to trial. For now, the case is stuck in appellate court awaiting a decision on the Judge’s ruling on 15 hearsay statements.
UPDATE OCTOBER 8:
- In a sealed ruling, Peterson’s request to be released from jail while a hearsay decision is being appealed was denied.
- Also it was reported that Drew Peterson was offered the option of being transferred into the general population at the Will County Adult Detention Center, but has chosen to stay in isolation at the medical unit.
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I apologize if everyone is tired of this graphic, but what can I say? Once more, it’s been decided that Drew Peterson is better off staying in jail while the prosecution appeals a decision about evidence in the case of Kathleen Savio’s murder.
