Oral arguments presented today in appeal of Drew Peterson’s murder conviction

Drew Peterson attorneys Steve Greenberg and Harold Krent presented arguments today to Will County appellate justices in hopes of overturning Peterson’s 2012 conviction for the murder of Kathleen Savio.

The appeal centered around a number of points – namely the admittance of hearsay statements, the question of counselor-client privilege and allegations of ineffective counsel on the part of Joel Brodsky.

The Chicago Tribune reported that,

A three-member panel of the 3rd District Appellate Court frequently interrupted the attorneys with questions about why the rest of Peterson’s legal team did not intervene if they disagreed with Brodsky’s actions and trial strategy.

They also appeared skeptical of claims that Peterson’s rights were violated when Burmila allowed Savio’s divorce attorney, Harry Smith, to testify that Stacy Peterson had called to ask what would happen if she did not reveal her husband’s role in Savio’s death.

Greenberg and Krent argued that Smith should never have been allowed to testify, because it violated attorney-client privilege.

But Justice Daniel Schmidt appeared skeptical.

“Is the privilege designed to protect the client or the person that killed the client?” Schmidt asked. “My guess is if I’m dead, I’m not going to mind if my attorney testifies about the guy that killed me.”

Also,

Will County Assistant State’s Attorney Marie Czech argued that the media rights agreement had expired before Peterson’s 2012 trial, and said Brodsky had nothing to gain by calling a witness that could sink his client’s case.

“There is absolutely no benefit to Mr. Brodsky for losing this case,” Czech said. “Winning this case brings new clients, brings fame. Losing the case, as we’ve seen with Mr. Brodsky, brings a loss of clients, ignominy.”

She also reminded the panel that Smith was called by the defense, not the prosecution.

After the nearly hourlong argument, Justice Mary K. O’Brien said the court would take the matter under advisement and would later issue a written decision. She did not say when that decision would be released.

Pastor Neil Schori

Pastor Neil Schori

Pastor Neil Schori attended today’s proceedings, commenting afterward about the allegation that his testimony violated Stacy Peterson’s right to privacy he said, “The defense continues to try to make this an issue. That Stacy wanted me to be quiet makes no sense.”

Read the letters from Adrian Gabriel to Joel Brodsky alleging that he plotted to set up Drew Peterson in murder-for-hire charges

adrian-gabriel

UPDATE 2/26/15: Joel Brodsky has tweeted that Adrian Gabriel’s cell was searched by the Department of Corrections yesterday, and the notes he referenced in his letter, allegedly written by Antonio Smith, were seized.
**********************************************

Here are the letters that Joel Brodsky posted today on his professional Facebook page. In them, inmate Adrian Gabriel alleges that he and another inmate plotted to set up Drew Peterson with solicitation for murder charges while behind bars.

This is the shorter, initial letter that Gabriel refers to in the longer letter above:

OPINION: Having read the letters my response is that one man’s set-up is another man’s sting.

Also, it seems to me that Mr. Gabriel was all for participating in this sting until he realized that he was not going to benefit the way he had hoped. He then turned and tried to appeal to the other side and when Steve Greenberg wouldn’t indulge him, he then turned to Joel Brodsky, who can always be counted on to go to the media and get his face on the air, and simultaneously trash Steve Greenberg.

BTW, there’s no way I can read all that vitriol flung at Greenberg and not suspect that Brodsky is involved in this beyond simply receiving a couple letters. Funny, he didn’t mention in his WGN interview that he also spoke by phone with Gabriel.

Also, how did Gabriel manage to obtain Steve Greenberg’s personal cell phone number?

A new story by Joe Hosey, details the crimes that put Adrian Gabriel behind bars. This is NOT a nice guy:

Brodsky’s pen pal was sent to prison for a 2002 “horrifying anti-homosexual hate crime,” according to a story in the Northwest Indiana Times. At the age of 15, Gabriel and three others held a gay man and a gay teen at gunpoint and forced them to perform a variety of sexual acts, the story said.

According to a story in the Chicago Tribune, Gabriel and his accomplices also made the man perform sex acts on them. The man was then sodomized with a broomstick.

Read it here: Drew Peterson’s appeal of murder conviction

ARGUMENTS

I. DREW WAS DENIED A FAIR TRIAL WHEN ATTORNEY HARRY SMITH TESTIFIED ABOUT A PRIVILEGED CONVERSATION WITH STACY THAT HAD BEEN RULED INADMISSIBLE, AND WAS HEARSAY OPINION INSINUATING DREW WAS GUILTY OF MURDER.

II. DREW’S PRINCIPAL ATTORNEY, BY SIGNING A MEDIA RIGHTS CONTRACT WHEN RETAINED, CREATED A PER SE CONFLICT.

III. THE TRIAL COURT ERRED AS A MATTER OF LAW IN ADMITTING PASTOR SCHORI’S TESTIMONY, BOTH AT THE FORFEITURE BY WRONGDOING HEARING AND AT TRIAL, IN CONTRAVENTION OF THE CLERGY PRIVILEGE DOCTRINE.

IV. THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE, VIA THE FORFEITURE BY WRONGDOING DOCTRINE, HEARSAY STATEMENTS THAT THE COURT HAD PREVIOUSLY FOUND UNRELIABLE.

V. THE TRIAL COURT ABUSED ITS DISCRETION IN ADMITTING JEFFREY PACHTER’S TESTIMONY BECAUSE THE STATE FAILED TO PROVIDE PROPER NOTICE OF THE TESTIMONY UNDER RULE 404(b), WHICH WAS PREJUDICIAL PROPENSITY EVIDENCE.

VI. DREW WAS NOT PROVED GUILTY BEYOND A REASONABLE DOUBT

VII. THE CUMULATIVE ERRORS DENIED DEFENDANT HIS RIGHT TO A FAIR TRIAL AND CAST DOUBT UPON THE INTEGRITY OF THIS PROCEEDING.

See the comments thread for more information.

Drew Peterson appeal of murder conviction to be filed soon

UPDATE: 1/13/14: Steven Greenberg reports that he has mailed the appeal.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Drew Peterson’s attorneys have until January 14, 2014 to file an appeal of his conviction for the murder of Kathleen Savio.

Although limited to 50 pages, they have been asking permission to submit something more along the lines of a novella – 175 pages: 50 pages outlining the facts of the case and another 125 pages of arguments. Apparently they feel that the publicity garnered by the case merits a more verbose appeal. Or perhaps the inflated egos of Peterson’s battling counselors require bloated prose. Whatever the case, the third district appellate court has again shot down the request and they will be obliged to stick to the limit.

Peterson’s appeal is set to be filed within the next three weeks but the oral arguments for and against are not expected to be heard until late 2014.

Attorney Steven Greenberg says that the appeal will focus on hearsay evidence which was admitted to trial and on allegations of ineffective counsel. Motions filed after Peterson’s conviction and prior to his sentencing asked for a re-trial on the same grounds but were denied by Judge Edward Burmila.

Sources:
Chicago Tribune
ABC 7

Drew Peterson Update: Gossip, Rumors and Innuendo

It’s been a while since there’s been any big news to report about the Peterson cases but that doesn’t mean nothing has been going on recently.

This summer there have been a few filings in the Savio’s wrongful death suit against Drew. Attorneys will be back in court on September 26 for Judge Power’s decision on the Savio’s motion for a summary judgement.

In August, prosecutors filed a motion requesting that Steve Greenberg step down from Peterson’s appellate team, claiming that the libel suit brought against Greenberg by Peterson’s ex-counsel, Joel Brodsky, created a conflict of interest for Greenberg. At the time of the filing Greenberg called the claim “absurd”.

Yesterday, Greenberg tweeted that Brodsky had withdrawn the libel complaint because he “didn’t comply with the rules (no surprise) and didn’t state a cause of action”. Greenberg went on to tweet that Brodsky has said he is going to re-file but needs to find an attorney to represent him.

brodsky-drew-kissMeanwhile, Joel Brodsky has shared the contents of some of his letters from Drew Peterson with a local Fox affiliate. He claims to have received nine letters from Peterson and made public a few excerpts from letters he received in March and April (Peterson began his prison sentence in February). The excerpts were complaints about the discomfort of prison life, and worries for his safety. This is consistent with the kind of letters Peterson wrote while in jail while awaiting trial, which he sent to the Sun-Times and other media outlets.

While public response to Peterson’s complaints has been overwhelmingly negative, his defense team questions Joel Brodsky’s decision to share any of the correspondence which was labelled as “legal mail” on the envelopes. In a Facebook comment, Steve Greenberg wrote, “Communications r fine. But keep em private. Don’t read them to a reporter” and Brodsky’s former law partner, Reem Odeh, wrote, “Are you serious? It’s all about integrity and the best interest of your client, respect for the law, justice system and integrity of your practice.”

Attorney Reem Odeh

Attorney Reem Odeh

Speaking of Reem Odeh, has Joel Brodsky really taken to Twitter to insinuate that she has ties to Nidal Hasad, the Fort Hood shooter? “Did you know that Hasan comes from the same village in West Bank as Reem Odeh, the former Drew Peterson atty. Distant cousins” he tweeted. “Odeh’s mother went to Hasan’s mothers home on the day of the shootings to express her sympathy and support. I was shocked.”

As for Peterson, it would appear that he has begun to adjust better to prison life since those April letters. More recently, his correspondents have been reporting that Peterson has started to make use of his popularity as a pen-pal to help out his fellow prisoners by sharing lists of inmates who would like pen-pals and to inquire about correspondence courses.

Cassandra Cales

Cassandra Cales

Lastly, rumor has it that Cassandra Cales, sister of missing Stacy Peterson, has just returned from New York, where she consulted a celebrity medium, possibly to be aired as part of a reality show on TLC.

An appeal of Drew Peterson’s conviction is expected to be filed within the next 30 days.

Three of Drew Peterson’s old attorneys return to his defense – Joel Brodsky calls them a pathological narcissist, an alcoholic, and a novice

The Chicago Tribune reports that attorneys Steve Greenberg, John Heiderscheidt and David Peilet have been rehired to try to overturn Drew Peterson’s murder conviction for the killing of his ex-wife, Kathleen Savio.

The three lawyers turned his appellate case over to the state defender’s office last March but Peterson has now decided he wants the help of his old team. attorney Steve Greenberg says,

After the case was over, he needed to think about what he wanted to do. We needed to let things calm down before making those decisions.

The appeal, which is expected to be filed within the next 90 days, will be based on the admission of hearsay, the admission of testimony by Stacy Peterson’s pastor, a jury pool left in limbo for over two years and the ineffective counsel of Peterson’s lead attorney, Joel Brodsky. Brodsky responded to the news last night in an acerbic Tweet:

joel-comment

The Tribune reports that Peterson is biding his time at Menard Correctional Center, in protective custody. He has no cellmate and no job there. He gets five hours of recreation time each week and is allowed to see visitors twice a month.

Since his sentencing, Peterson’s yearly police pension of almost $80k has been challenged by Bolingbrook Village officials. It may take months before the outside attorney hired by the pension board makes a recommendation.

Read more at the Chicago Tribune

Drew Peterson asks to put wrongful death suit on hold

Kathleen Savio and sons / Henry Savio and Anna Doman

Katleen Savio and sons / Henry Savio and Anna Doman


UPDATE 6/13/2013:
Attorney Edmund Boland who is representing Peterson’s Uncle, James Carroll, was in court today. The hearing was rescheduled for August 15th.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The attorney representing Drew Peterson in the Savio’s wrongful death suit has filed a motion asking to delay the case “…pending the outcome of Mr. Peterson’s appellate case.” The filing also asks that a motion for summary judgment to be denied.

Henry Savio and Anna Doman filed the civil case against Drew Peterson in April 2009, but for the most part it has been in limbo since Peterson was arrested in May 2009 for the murder of Kathleen Savio.

During the long wait to trial, both of Kathleen Savio’s sons who were named in the law suit reached the age of eighteen and removed themselves from the complaint.

John Heiderscheidt’s filing takes some jabs at Peterson’s former lead counsel, Joel Brodsky, saying that the lawyer’s so-called White Noise strategy of media saturation “obliterat(ed) Peterson’s public image.” He cites an interview Joel Brodsky gave to WGN news, in which the lawyer agreed with Judge Burmila’s assertion that Brodsky was under-qualified to defend the high-profile murder defendant.

The filing also points out that the original investigation into Kathleen Savio’s death deemed her death an accident and alleges that the admission of hearsay into Peterson’s trial was unwarranted.

Fourth Amended Complaint – Wrongful Death of Kathleen Savio:

Tom Peterson’s release of Drew Peterson and James Carrol from civil suit:

Read more at:
Bolingbrook Patch
Herald News