Judge asks prosecutor, “Are you saying Stacy was an accomplice in Savio’s death?” Prosecutor suggests she misunderstood, then “No, I’m not saying that.”
Groans erupt in the overflow courtroom when the judge asks the defense if they want to make another comment.
Judge taking the arguments under advisement. Court adjourns until 1 p.m. Thursday.
Sentencing likely not going to happen until Thursday.
Court is back in session, Attorney Peilet is rehashing Rev. Schori’s testimony. Neil Schori is in the courtroom.
Defense going through entire trial point by point, trying to show that state failed to prove case.
Arguments moving on to issue of state suggesting initial investigation of Savio’s death could have been more thorough.
Court in recess. Judge says they will finish today but sentencing tomorrow. (Indicates that he will not grant motion?)
Greenberg says Stacy’s conversation with Harry Smith was privileged, and nobody should have been able to call him as a witness. Brodsky’s decision to call Harry Smith allowed in the “most incriminating”. “that strategy alone should mean Peterson gets a new trial” evidence presented at trial.
Judge Burmila aks, “Do you believe lawyers should have brought mistake to court’s attention once Smith was called?”
Joel Brodsky is in press room listening to Greenberg and loudly sighing, putting his hand over his eyes.
Greenberg says lawyers were bullied by Brodsky during trial. “It was a dictatorship”.
Judge Burmila says if lawyers disagreed with Brodsky calling Harry Smith, they could have told him or asked to quit case.
The state says it’s not surprising that, with six lawyers on a case, there was some dissension. Drew Peterson ultimately chose the strategy. Also that Reem Odeh once argued the media frenzy wasn’t Drew Peterson’s fault, that he needed to “explain the rumors.” (white noise). Also that Drew Peterson knew about the publicity contract so he should have mentioned the conflict of interest to the court if there was one.
Prosecutor Marie Czech says calling Smith was strategic decision by defense, “they needed to do something” because their case was in trouble. Says Peterson had six attorneys, with more than 100 yrs of experience. If there was a disagreement, Peterson chose to go with Brodsky.
Court back in session. Attorney Greenberg calls State’s Attorney James Glasgow. Lawyers now argue about whether he can testify. Glasgow objects to being called as well. The judge wants to know why the “Gift from God” statement made by Glasgow outside of the court room is important to this issue. Defense says Glasgow statement undercuts his argument that calling Harry Smith was just trial strategy. Judge still listening. Judge rules that Glasgow doesn’t have to testify. “I don’t see the relevance,” Judge Edward Burmila says. And that’s the end of the defense witnesses and prosecution has no witnesses.
Prosecution now asking judge to strike parts of the defense motion for a new trial before judge hears closing arguments.
Retrial hearing winding up now as defense runs down the unfolding of the trial; alleges lack of evidence, inadequate counsel, etc. Defense says that the Savio case only gained attention when Stacy Peterson missing person case became “national fodder”.
John Heiderscheidt now arguing that state did not prove its case against Drew Peterson – there was not sufficient evidence to convict.
Prosecution now speaks. They say that Drew Peterson made multiple statements about how he could kill Savio and make it look like an accident. The jury heard evidence that Savio’s death was a homicide, that Drew Peterson threatened to kill her and that Stacy provided an alibi.
Defense attorney Greenberg now arguing 2010 hearsay hearing violated Drew Peterson’s fifth amendment rights.
The State counters, saying that Drew Peterson’s rights were “scrupulously represented” at the hearsay hearing.
Lawyers continue to argue over evidence presented in trial. Defense tactic includes saying attorneys at hearsay hearing didn’t know the law.
Greenberg calls retired Judge Daniel Locallo to the stand to explain how the Peterson murder case was lost by the defense. He describes his years of experience. Attorneys are arguing over whether Locallo can testify as an expert. Judge Burmila decides that he can testify. Locallo testifies that someone should have told Burmila about Brodsky/Peterson’s publicity contract and that calling Harry Smith to the stand was not a “reasonable” trial strategy. Locallo says that before Brodsky called Harry Smith, the jury had not heard evidence that Drew Peterson killed Kathleen Savio, dooming Peterson. Recess before cross-examination.
Cross-examination of Locallo begins. Prosecutor: Attorney Lopez had said during the closing statements that they did not “hide” Harry Smith from the jury. Locallo says he’s never seen other members of a legal team object on the record to a fellow team member’s strategy. Prosecutor points out that Greenberg objected on the record to Brodsky’s strategy, saying there was “about to be a mutiny”
Court in recess until 1:15 p.m.
Court is session. Attorney Greenberg wants to address his motion to strike the state’s exhibits. Prosecution made allegations about things he and Lopez said in news articles, and it shouldn’t be part of the record. The State argues that Greenberg referred to news articles and broadcasts in his court filings.
Burmila denies the motion to strike.
Press Release from the State’s Attorney’s office:
Drew Peterson Sentencing Wednesday, February 20
The hearing on post-trial motions in People V. Peterson is expected to conclude Wednesday, February 20. The case could proceed to sentencing later today. If that is the case:
After Judge Burmila announces a sentence, the press is asked to go to Joliet City Hall for a post-sentencing news conference. We will begin the conference roughly 30-45 minutes after a sentence is announced.
State’s Attorney Glasgow and his trial team will be available to make a statement, discuss the case and answer media questions.
Kathleen Savio’s and Stacy Peterson’s family members will be available for comments as well as possibly other witnesses from the trial.
This post will be updated throughout the day but check the comments thread below for the most recent news and tweets.