By Danya Hooker
dhooker@mysuburbanlife.com
Drew Peterson’s attorney Joel Brodsky withdrew a motion Wednesday to stay court proceedings on the reopening of Kathleen Savio’s estate.

The withdrawal paves the way for Savio’s family to move forward with their investigation into whether there is enough evidence to pursue a wrongful death lawsuit against Peterson for Savio’s March 2004 drowning.

But Brodsky said he would welcome the lawsuit in the event his appeal of the decision to reopen the estate is denied. The lawsuit, he said, would give Peterson’s legal team the right to interview witnesses currently off-limits to them.

“It would actually be a gift rather than a burden,” Brodsky said. “We’d pretty much be able to have a private grand jury. We could depose pretty much every person that’s been before the grand jury. For example, Pastor (Neil) Schori, I think he’d probably be the first guy.”

Will County Judge Carmen Goodman ordered the estate reopened in April. Shortly after, Brodsky appealed the decision and asked the judge to postpone further estate hearings pending the outcome of the appeal.

Brodsky said the appellate court is likely to rule on the appeal within the next few months. That time frame, and the investigative benefits of a wrongful death lawsuit, led Brodsky to reconsider, and ultimately withdraw, his motion to postpone court proceedings.

Savio, Peterson’s third wife, was found drowned in a dry bathtub in March 2004. At the time, her death was ruled an accident but the Oct. 28 disappearance of Peterson’s fourth wife, Stacy, led investigators to re-examine Savio’s drowning.

Savio’s body was exhumed in November 2007 and two pathologists, one at the request of her family and one on behalf of Will County, performed separate autopsies. Each recently ruled the death a homicide. Brodsky said he would also have the power to subpoena the autopsy reports from both pathologists.

Peterson has been named a suspect in his wife’s disappearance, which police have a labeled a “potential homicide.” Police have not named a suspect in Savio’s homicide.

Peterson has denied any wrongdoing in either case and has not been charged with a crime.

Drew Peterson’s attorney Joel Brodsky has withdrawn his motion to stay court proceedings on the reopening of Kathleen Savio’s estate.

Brodsky had previously asked the judge to postpone all hearings pending the outcome of an appeal on a decision to reopen the estate.

Savio family attorney Martin Glink said Brodsky faxed him the withdrawal decision Wednesday night. On Thursday, Glink presented the fax to Judge Carmen Goodman, who was supposed to rule Thursday on whether to grant the motion to stay.

No other court dates were set for the case.

By Danya Hooker, dhooker@mysuburbanlife.com

Drew Peterson’s attorney, Joel Brodsky, filed an appeal Tuesday against a Will County judge’s decision to reopen the estate of Peterson’s third wife, Kathleen Savio, Brodsky confirmed Wednesday.

Judge Carmen Goodman granted a petition by Savio’s family and ordered the estate reopened April 17. The decision opened the door for Savio’s family to investigate whether there is enough evidence to pursue a wrongful death lawsuit against Peterson.

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By Danya Hooker, dhooker@mysuburbanlife.com

A Will County judge ordered Kathleen Savio’s estate reopened Thursday, paving the way for Savio’s family to investigate whether there is sufficient evidence to file a wrongful death lawsuit.

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By Danya Hooker
dhooker@mysuburbanlife.com
A hearing on two requests to reopen the estate of Drew Peterson’s third wife is set to go before a Will County judge briefly Wednesday morning.

Attorneys for both sides expect the judge to schedule another hearing for Monday, March 17, to give both sides more time to prepare before presenting their petitions and arguments.

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