Video: Oral arguments in appeal of Drew Peterson Murder conviction

Today attorneys for Drew Peterson and the State of Illinois presented their oral arguments to the Supreme Court of the state.

Law professor Harold Krent and long-time Peterson attorney Steve Greenberg argued for Peterson, while assistant attorney general Leah Bendik argued for the state.

Attorneys are hoping for an answer from the court by Spring. Here are the arguments in their entirety.

Tuesday: Illinois Supreme Court to hear arguments in Drew Peterson’s appeal of murder conviction

Drew Peterson arrested

Oral arguments in Drew Peterson’s appeal of his 2012 conviction for the murder of Kathleen Savio are scheduled to be heard tomorrow, November 15, at 9:30 in Springfield.

I expect Steve Greenberg (and possibly law professor Harold Krent) will be arguing for Peterson, while assistant attorneys general Michael Glick and Leah Bendik will most likely be arguing for the state.

If you’ve been following this case since it was first appealed, a lot of it is going to be familiar ground; with hearsay, conflict of interest, ineffective counsel, and attorney-client privileges being some of the points of contention.

If you want to get up to speed on the appeal in advance of tomorrow’s proceedings, then fire up those reading glasses, pop a Tylenol and power through the legal briefs filed by both the appellant and appellee teams:

BTW, Stacy Peterson has now been missing for nine years. Her sister, Cassandra Cales, recently went to Facebook to state that if Stacy’s remains are found she will sue for them. She says she is still denied access to her niece and nephew who are in the custody of their half-brother, Stephen Peterson. Peterson was fired from his position as a law enforcement officer in Oak Park, after it was determined that he accepted guns and money from his father during the investigation of Stacy’s disappearance in 2007.

Drew Peterson murder-for-hire trial: Will these jailbirds sing?

Drew Peterson has been charged with attempting to arrange the murder of James Glasgow

Drew Peterson has been charged with attempting to arrange the murder of James Glasgow

Drew Peterson’s latest murder trial is slated to begin in less than a month, and the clock is ticking down on deciding who will testify at trial and what kind of evidence will be allowed.

On April 22, Peterson and attorneys for both sides were back in court to argue three motions.

The first motion seeks to limit the impeachment of a former cellmate of Drew Peterson’s, referred to as “Individual A” in court documents, and earlier identified as a man named Antonio Smith, who is rumored to have been released from prison and now living under an assumed identity.

Assistant Attorney General Bill Elward asked to have Smith’s testimony barred, as well as that of four other inmates, Albert Chavez, Jesus Padilla, Glenn Barrett and Shelly McGree, because Peterson’s attorney, Lucas Liefer, had yet to provide the prosecution with copies of the conversation between Peterson and the other men. “We’re trying this case in the dark because we don’t know what Individual A is going to testify at trial” he stated.

albert-chavez

Elward asked where the reports and summaries of these conversations are and Liefer countered that he had a ton of discovery dumped on him at the beginning of April and was overwhelmed, complaining that he had yet to be paid for his representation of Peterson.

shelly-mcgree

Brown gave Liefer until April 26, to come up with summaries of the conversations, but Elward stated that the prosecution wants not only that but also what these witnesses told investigators.

glenn-barrett

Two of the men are still incarcerated at Menard Correctional Center which houses Peterson, while the other two are now housed at Lawrence Correctional Center.

jesus-padilla

The second motion was in regards to the recordings of conversations between Peterson and other inmates in which he allegedly tried to solicit the murder of Illinois State’s attorney James Glasgow.

Liefer argued that some portions of the recordings are inaudible which makes them untrustworthy on the whole, while Elward pointed out that Liefer has had the recordings for over a year and that 96% of the recordings are fine.

Brown agreed to take a look at the transcripts and then decide.

S.A. James Glasgow does not want to appear as witness at Drew Peterson hearing

S.A. James Glasgow

The last motion involved a clarification on an earlier decision regarding allowing James Glasgow to be used as a witness during the prosecution’s opening statements of the trial.

Elward argued that Glasgow will provide background to the jury on the history between Drew Peterson and himself. “He talks about Savio, he talks about Stacy, he talks about his son losing his job, which he blames Glasgow for” Elward said.

Brown agreed to allow the State’s Attorney to speak, but instructed the prosecution to provide Peterson’s defense with a summary of what he intends to say.

A final pre-trial conference is set for May 13.

Sources:

Randolph County Herald Tribune
Illinois Department of Corrections
Judici

~~~~~~~~~~~~~~~~~~~~~~~~
~By commenting you agree to be bound by the rules of this blog. You can contact admins directly by sending an email to petersonstory@gmail.com.~

Drew Peterson takes murder conviction appeal to Illinois Supreme Court. Murder-for-hire trial set for next month.

Drew Peterson's new mug shots for 2016

Drew Peterson’s new mug shots for 2016

UPDATE 1/27/16: Despite having denied a motion to delay the beginning of the trial just last week, after a conference call between Judge Brown and attorneys Walker and Liefer, the judge agreed to continue Drew Peterson’s upcoming murder-for-hire trial in order to give both sides more time to prepare. The trial was originally set to begin the end of next month. The new trial date is May 6.

*******************************************************

Two months after his appeal was denied by the Illinois appellate court, Drew Peterson’s attorneys have taken his case to the state Supreme Court in hopes of overturning his 2012 conviction for the murder of his third wife, Kathleen Savio.

Case No. 120331

People v. Peterson, Defense leave to appeal granted 3/30/16 from 2015 IL App (3d) 130157

Whether the Appellate Court erred by finding that a decision in a prior appeal precluded it from considering whether evidence was properly admitted under the forfeiture by wrongdoing doctrine, where the prior appeal concerned only a different aspect of the doctrine – the possible application of a new statute. (§2-6(a))

Defense counsel: Stephen Greenberg, Chicago

Penned by attorneys Steve Greenberg and Harold Krent, the petition to appeal covers familiar ground, alleging that the admission of hearsay and “former bad acts” evidence to his the trial should not have taken place and resulted in the erroneous conviction of Drew Peterson.

The Illinois Appellate Court is also called out for having not seriously considered all of the arguments raised in the earlier appeal.

The appeal also, once again points the finger at Peterson’s former counsel and friend, Joel Brodsky, who they insist created a conflict of interest when he wrote a contract with Peterson that gave him a percentage of any money earned by media appearances. They also maintain that he erred when calling lawyer Harry Smith to the stand to testify that Peterson’s fourth wife, Stacy, had asked him if she could get more money from a divorce arrangement if she threatened to tell how he had killed Kathleen Savio.

Interestingly, last week, a former client of Steve Greenberg’s, Albert Domagala, had his sentence overturned and was granted a new trial after a judge agreed that he had been granted ineffective assistance by Greenberg at his 2005 murder trial.

Joel Brodsky, naturally, took to Facebook and called it a case of “the pot calling the kettle black”.

brodsky-greenberg-ineffective

In Peterson’s case, the filing does not ensure that the Supreme Court will hear the new appeal. The Chicago Tribune points out that the higher court “typically hears a small percentage of such petitions. For example, justices agreed to hear arguments in less than 5 percent of the nearly 1,500 petitions filed in fiscal 2014.”

Meanwhile, on Tuesday, Randolph County Circuit Court Judge Richard A. Brown denied Peterson’s request to delay his trial in the solicitation of murder case.

Peterson’s attorney, Lucas Liefer told the judge that the defense and prosecution were still exchanging discovery in the case, “I don’t think we need a lot of time, but I don’t think it is realistic to say we will be ready to go to trial in a month,” he said.

Judge Brown replied that the calendar for March was already full, telling Leifer, “if you have to move cases aside to get ready for this, then do so.”

At least forty-six witnesses have been subpoenaed in the case, including experts in finger-print and audio recording evidence.

Jury selection for the trial will take place on February 26 and his trial will begin on February 29th in Chester, Illinois where he is incarcerated.

Drew’s prison correspondence continues to be of interest. Joel Brodsky took to Twitter to share his taunting of his former client via the postal service.

joeltweet

A man (with his own notorious past) who claims to be distantly related to Staacy Peterson, also wrote to Peterson in prison, and claims to have received an acerbic reply.

golbafagg

Stacy’s sister, Cassandra Cales, continues to search for her sister and to consult those claiming to be psychics for help in locating Stacy Peterson’s remains.

Most recently Stacy’s family has turned to a woman named Sharon Pugh, who calls herself the “Southern Style Medium”. Hugh was provided with items belonging to to Drew and Stacy Peterson, and by holding the items she says that Stacy joined them and told her that she had been wearing a heart shaped necklace when she died, which was removed before the disposal of her body. She hopes to have more sessions with the family.

Drew Peterson's watches

Drew Peterson’s watches

Stacy Peterson's cap

Stacy Peterson’s cap

Today is Stacy Peterson’s birthday. She would have been 32.

 

Her youngest child turned 11 this month and celebrated with a trip to an indoor rock climbing facility and a lobster dinner.
Stacy with the children: Kris, Lacy, Anthony and Tom

Stacy with the children: Kris, Lacy, Anthony and Tom

Appeal denied. Court upholds Drew Peterson’s murder conviction

Almost two years after it was filed, and six months after it was argued,three appellate court justices decided unanimously to deny Drew Peterson’s appeal of his 2012 conviction for the murder of Kathleen Savio.

The justices, led by Justice Robert L. Carter, stated in their 87-page opinion that there were no errors made during Peterson’s trial, that the physical and circumstantial evidence was sufficient for conviction and that Joel Brodsky’s media agreement with Peterson did not constitute a conflict of interest.

State’s Attorney James Glasgow, the target of Peterson’s current murder-for-hire case, states to CBS that “this is the ultimate vindication of this eight-year journey we’ve been on.”

Victims of domestic abuse advocate and sister of Kathleen, Sue Savio says, “He is where he is and I hope he knows he’s never getting out.

Peterson’s attorney, Steven Greenberg has stated both that he will appeal the conviction again and that he will need to talk to his client before deciding what step to take next.

As for former Peterson lead attorney, Joel Brodsky – he sees the denial as a personal victory.

joel

I’m not sure I agree with his assessment of complete vindication. The court didn’t determine whether or not Brodsky had committed an ethical violation. That’s a matter for the ARDC. Rather, they opined only that his questionable media contract with Peterson didn’t fall under the definition of a per se conflict of interest, stating:

Simply put, the alleged conflict created by the media contract in this case does not fall into one of the categories of per se conflicts established by our supreme court. See id. at 143-44. Regardless of whether Brodsky entering into the contract constituted a violation of the Illinois Rules of Professional Conduct, that relationship did not give rise to a per se conflict of interest.

Meanwhile, Peterson’s trial for conspiracy to commit murder is scheduled to begin in February.

New Drew Peterson documentary

For the last month or so CNN has been working on a new documentary about the Drew Peterson trial, his new conspiracy charges and the lives of Kathleen Savio and Stacy Peterson.

For weeks they were doing research here on the blog and I was contacted by a producer named Max Newfield for help with source materials.

Sue Savio, sister of Peterson’s third wife, was interviewed for the special report and went to Facebook with her hope that her interview will help in her fight against domestic violence.

sue-doc

Pastor Neil Schori, who was the confidant of Stacy Peterson, had a positive experience with the production as well, stating that correspondent Jean Casarez was “great” and that she gave him “a chance to talk about how we can help victims” of domestic violence.

neilschori-doc

Even Joel Brodsky, Peterson’s controversial lawyer,  seemed to have enjoyed his involvement.

joel-doc

But not everyone was thrilled to see the cameras. When Drew’s son, Stephen, spotted them in front of his father’s Bolingbrook house, he referred to the crew from CNN as “F’ing vultures” and bemoaned that “it never ends.”

video-crew-petersons-cropped

From the ad on CNN’s site, it looks as if Stacy’s Aunt Candace Aikin was interviewed as was Joe Hosey, author of the book Fatal Vows: The Tragic Wives of Sergeant Drew Peterson which was adapted for the Lifetime Movie, Drew Peterson:Untouchable.

CNN Special Report, Married to a murderer: The Drew Peterson Story, airs on Tuesday, June 30 at 9:00 Eastern and Pacific time. Check your local listings for channel.

UPDATE JULY 7: Peterson’s trial for the solicitation of murder (of State’s Attorney, James Glasgow) has been rescheduled for November 13. His lawyer wants to hire an expert witness and give them time to research, etc.

06/18/2015 Motion to Continue on file. Petition to Approve Expert Witnes Retention and Funding on file.

07/07/2015 Parties appear; motion hearings continued to 9-1-15, 9am; case set for jury trial selection on 11-13-15, 9am; jury trial set 11-16-15, 9am. Agreed Case Management Order on file. *copies given to all parties.

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.