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Drew Peterson Gets Date to Fight For New Murder Trial

A two-day hearing was set to determine whether wife-killer Drew Peterson will get another murder trial.

 

Drew Peterson's murder trial lasted 24 days. Now the wife-killer's looking forward to a two-day hearing to see if he gets to do the whole thing over again.

Judge Edward Burmila scheduled the hearing for Feb. 19 and 20. If the judge decides after those two days not give Peterson a new hearing after all, Burmila said he will head straight to sentencing.

Peterson, 59, faces up to 60 years in prison for the March 2004 murder of his third wife, Kathleen Savio. Prosecutors have subpoenaed Peterson's second wife, Victoria Connolly, and one of his five sons, Eric Peterson, to testify against him at the sentencing hearing.

Connolly has said Peterson threatened to kill her and make her death look like an accident. She also told of Drew Peterson holding a gun to her head and breaking into her locked house while she slept. Eric Peterson, who is one of two sons born to Peterson's first wife, Carol Hamilton, testified during a pretrial hearing that he witnessed his father viciously attack Savio.

Prosecutor Marie Czech argued during Thursday's hearing that Peterson's attorneys should not be allowed to call witnesses when they make their case that a new trial is needed.

"They should be required to substantiate their allegations more than they have," Czech said. She also questioned how attorneys Steve Greenberg and Joseph "Shark" Lopez, who defended Peterson at the murder trial, can serve as both his lawyers and as witnesses to the claim he received ineffective counsel.

"We're allowed to act as advocates and witnesses," Lopez said after the hearing, adding, "Obviously Steve can't question himself and I can't ask myself questions."

Attorney David Peilet, who was not working for Peterson during the trial but represents him now, said the key issue in the bid for a new trial was the decision to call Savio's divorce attorney, Harry Smith, to the witness stand. After returning their guilty verdict, several jurors said Smith's testimony convinced them to convict Peterson.

"That probably is the issue that is first and foremost in the public eye," Peilet said. "We saw what verdict it led to."

In what turned out to be a disastrous move, attorney Joel Brodsky called Smith to testify. Brodsky no longer represents Peterson. Greenberg has blamed Brodsky for blowing the case. The allegations of ineffective counsel have all been leveled against Brodsky, who is expected to testify at the February hearing.

Peterson has spent nearly four years in the Will County jail waiting for his case to play out. Cassandra Cales, the sister of Peterson's missing fourth wife, Stacy Peterson, attended Thursday's hearing and said life behind bars has not been kind to her brother-in-law.

"I like to see Drew and the effect jail is having on him," Cales said. "Today he was really old looking."

Related Topics: Court, Drew Peterson, Hearing, Jail, Kathleen Savio, Murder, Prison, Stacy Peterson, and Trial

Marianne Claussen

1:24 pm on Thursday, January 10, 2013

What is with the ads blocking the stories?

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Jeff Graveline

1:40 pm on Thursday, January 10, 2013

Marianne,

We're aware of the issue on mobile devices and we're working on a fix. Thanks for the heads up!

- Jeff Graveline
Tinley Park Patch

Watchful Eye

1:41 pm on Thursday, January 10, 2013

Imagine having his own son, the only one who stood up like a man for what's right, being among those who won't lie or cover-up for his abusive father. Must be a kick in the butt to know that, at sentencing, Eric P is going to recount the violent abuse his father used against Kathleen Savio.

It seems to me, a layperson certainly not versed in the law, that pinning a retrial attempt on one particular poor strategic decision is a waste of everyone's time. How is that a sane argument, when the remainder of the "Dream Team" went out in front of the microphones/cameras they so adore to defend the move?

The childish, unprofessional and unorthodox public feud between Greenberg and Brodsky is shameful. From years of watching and listening to Brodsky, his behavior is par for the course, but Greenberg has slimed himself and stepped down even lower by playing the same obnoxious game.

They all seem to be getting what they deserve.

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carolb

4:02 pm on Thursday, January 10, 2013

oh, watchful, you are thinking like a real person. "pinning a retrial attempt on one particular poor strategic decision is a waste of everyone's time" in lawyer land this is called zealously advocating for your client. Zealous advocacy is a lawyer's ethical duty and what they are paid to do. Peterson has been convicted of murder. His attorney has to get creative. Calling any attorney as a witness is highly unusual, though. it will be interesting how that goes. Don't forget that public feuds can be staged. Not saying this one is but everything about Peterson seems to be theatrics, I wouldn't be surprised. What a travesty this whole mess is for his children, especially the motherless ones.

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Maureen C

10:17 pm on Saturday, January 12, 2013

OMG and then are you going to be the next victim?!? This guy is evil and the ultimate enemy of the female gender!

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Cheryl

8:54 am on Friday, February 8, 2013

Linda, are getting me?? Please take off your rose colored glasses. They are hindering you from seeing the truth.

Voice of Reason

4:52 pm on Thursday, January 10, 2013

A new trial could be another disaster for Drew, but I guess if it gets him more publicity and costs the taxpayers more money, he will be happy. I'm sure the prosecution will call Harry Smith themselves and have him provide the same damaging testimonty. They should also call on Brodsky to testify. Now that he's on the outside looking in and Drew's new attorneys are dragging his name through the mud, I bet he has plenty to say.

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Colt45

6:25 pm on Thursday, January 10, 2013

Should be interersting indeed, and to Linda Carson, Free Drew is right, free him from the Will County Detention Center, on a one way ride to STATESVILLE

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Cheryl

8:56 am on Friday, February 8, 2013

Amen Colt45!!! I don't understand the people that thinks he needs to be free. Makes no sense to me at all.

Colt45

6:29 pm on Thursday, January 10, 2013

It just goes to show that Drew was oh, so powerful when he was beating his wives, and threatening them that he could kill them and make it look like an accident, But the best thing about this, and one of the only things I see, is that, That Coward is so afraid to go to a prison, and that I love. Nothing but a mommy killing coward, may he rot.

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carolb

9:31 pm on Thursday, January 10, 2013

buford, you are correct that due process requires a fair trial, but there is no inherent right to a re-trial. if Peterson's attorney convinces the trial judge there was something wrong procedurally, the judge can give him a do-over. that is why peterson's attorney made the motion; what has he got to lose? if the judge says no re-trial (which is what I imagine will happen), Peterson will be sentenced but now he can appeal both his conviction and the trial judge's denial of his motion. The appeals court can throw out the conviction, in which case he gets out of jail and cannot be retried for that murder, maybe. But, if for some reason double jeopardy did not attach, the state can re-file charges. Or, the appeals court could say there was a procedural error, do it over. He stays in jail, but gets a re-trial. Clear as mud, right?

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Hairy Callahan

9:49 pm on Thursday, January 10, 2013

Who is going to play drew in a second movie?

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Hairy Callahan

8:17 pm on Friday, January 11, 2013

Brad Pitt? I dont know about that one. I was thinking Dennis Quaid wouldn't need much makeup for the role.

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Maureen C

9:41 am on Sunday, January 13, 2013

How about Tim Allen?? Not much makeup required, and he could bring out that obnoxious sense of humor...

Sandy McG

10:49 pm on Thursday, January 10, 2013

This is such crap and makes me so mad. This man had his day in court and he chose his attorney. This should be a done deal and stop wasting Illinois taxpayers money. The federal government is doing a good enough job at that. Please just let this go and stop making Stacy and Kathleen's families go through this.

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Andy

9:33 am on Friday, January 11, 2013

I agree Sandy! These people need to heal. Shame on our justice system for allowing this clown show to continue for so long. I'm so sick of hearing about this guy and seeing his mug pop up on the cover of something every freaking month.

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Anonymous

10:11 am on Friday, January 11, 2013

I wish the media would stop reporting on this monster. He's a psychopath who doesn't deserve any attention. Let him serve his hard earned time in an absolute media blackout.

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People Amaze Me

7:10 am on Saturday, January 19, 2013

I agree with Rhonda-STOP THE REPORTING ON THIS MONSTER!! He did have his day in court-hired his own attorney's and now he is very scared to enter into jail-if I was him-I would be very, very scared. He is a horrible man-and should be put away for the rest of his life-so he can not hurt anyone-ever.

Valerie Summers

11:00 am on Friday, January 11, 2013

I feel sorry for all of his children! The older ones, and the younger ones. I wonder what they all have seen and heard over the years growing up that the poor children will need therapy for just to get through life. Backing their father or not, you know deep down they know the man their father is!! Just so sad!!

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Anonymous

11:06 am on Friday, January 11, 2013

Oh God yes. Imagine the kind of abuse that went on behind closed doors. Deep down, the family always know.

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Reality Bytes!

11:07 am on Friday, January 11, 2013

Just when you thought this idiot was gone forever.... of course they are going to appeal, every lawyer loves this kind of attention and cash cow!!! Joe Hosey, looks like you have a reason to stick around, who else is gonna have their nose up Drews keister? I predict he will get off the second time around, and unfortunately it will be more of a circus than the first trial because now they have Joel Brodsky to blame for throwing Drewfus under the bus. I think Brodsky did the right thing, and I think he knows Drewfus is guilty! Nevertheless, hopefully Peterhead will have a grabber on the stand or will say something stupid and incriminate himself, or maybe even Stacy will turn up...

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poohbear

12:30 pm on Friday, January 11, 2013

I'm not hear to say what right or wrong but to say I feel sorry for the kids. They are the ones suffering. Not having Mother around and issues going on with the Dad. It must be hard to deal with somethings. The fact so much PR on their Dads case and what had happen to some of the women he married. Children's mom must be hard. can we just let PF die storm and give this kids so peace since they suffering enough. I'm praying for the kids.

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Buford Pusser

12:32 pm on Friday, January 11, 2013

I look at it this way. Who cares what he does. It doesn't effect my life.

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andy

2:29 pm on Friday, January 11, 2013

This is a waste of time. He will eventually be free due to an appeal to the Supreme Court. Glasgow and Will County judges can only hold him for so long. This bs law obstructs the sixth amendment. As such the law that is dubbed "Drew's Law" is only if the defendant has silenced the witness. The two hearsay statements that sent Drew to his temporary demise is from Stacy Peterson. Stacy is presumed missing not dead. Therefore it is possible she could have ran away (just like her mother). Therefore the hearsay should not be permissible. However, Glasgow's crony Burmilla thinks otherwise. Well Mr. Burmilla you're not the supreme court. This ridiculous law to get one man will be affect many. Anyone can say anything about anybody in Illinois criminal court cases. What b.s.

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Flora Dora

2:49 pm on Friday, January 11, 2013

A waste of time, money and people who will have to kowtow to this group!

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awgeez!

8:29 am on Saturday, January 12, 2013

DO OVER...this isn't badmitten! Sure, why not, lets just waste more of the courts time and my MONEY, to hear the same bullsh*t over and over again. "Ain't NOBODY GOT TIME FOR DAT!"

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Bob

5:54 pm on Saturday, January 12, 2013

And the circus comes back to town, starring the Shark as ringmaster....

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John Roberts

10:18 am on Saturday, January 19, 2013

To stop reporting this case is to stop reporting how court cases are interpreted,laws are laws but through court cases determines how the laws are to used...hearsay is not just for this case,want someone mad at you standing outside your houses calling the cops saying there is drugs in your place! Because hearsay means they kick down the door,want someone accusing you of stealing last week and get arrested for it because hearsay means no proof,only hearsay...from simple theft,murder,child abuse..knowing how the court works and understanding that weather individual or as a group only through a court,judge,and judgement can the laws created be determined,and interpreted for the people..to not know what's going on causes chaos...Let's say you never heard about the shooter in the theaters,nor their sentence,then all of a sudden you find out the guy is getting out..well then it's too late..to know what's going on can get people to show the court,politicians all of them the people are not accepting this....would you like to hear 5 years from now Drew got out 2 years ago.lol..no you want to know fit now..well how do you do that?..by reporting it...letting the people know...if you do not like what is being reported then go to your imaginary play land (your happy place) and stay there..the rest of us would like to know what's going one and how our laws are being looked at...ignoring court decisions and laws is why killers and rapists go free...get it?

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