Judge finds no grounds to review Drew Peterson’s mental fitness

A judge denied a defense request for further psychological examination of former Bolingbrook police Sgt. Drew Peterson after determining no bona fide doubt existed as to the convicted killer’s mental fitness.

Following Thursday’s decision from Will County Judge Dave Carlson, Peterson asked the judge, “May I approach the bench?”

After Peterson’s request was denied, he asked Carlson if he could ask a question. He was cut off by one of his attorneys, Jason Strzelecki, who told Peterson, “No, no, no.”

At the conclusion of the court hearing, Peterson said, “Thank you,” before he was escorted from the courtroom. That marked Peterson’s third court appearance – and possibly his last for a long while – since he filed his post-conviction petition in 2021 to overturn his conviction of killing his third wife, Kathleen Savio, 40.

With the issue of Peterson’s mental fitness out of the way, his attorneys and prosecutors must now go back to dealing with his post-conviction petition. Carlson said on Monday that in his own work on Cook County post-conviction cases, he learned there is “real pressure” on judges to quickly move those cases forward.

Peterson’s attorneys with the Will County Public Defender’s Office must file their pleadings by May 31 and prosecutors must respond to those pleadings by June 28.

Carlson based his decision on the issue of Peterson’s fitness on a 1990 Illinois Supreme Court case called People v. Owens, a psychological evaluation of Peterson earlier this year and his own interactions with Peterson. The psychological evaluation of Peterson was inconclusive on his mental fitness.

Carlson said he was not considering any information obtained by the media in his decision. Although, one of Peterson’s attorneys said Peterson did not realize he was going to be interviewed by Ashleigh Banfield for her NewsNation program.

Also on Thursday, Carlson denied a motion from Peterson’s former attorney, Joel Brodsky, to dismiss the indirect contempt of court charge filed against him after he appeared on Feb. 28 on NewsNation.

Brodsky is accused of betraying the duty he owed to his former client, as well as violating a 2022 gag order from retired Will County Judge Ed Burmila. The gag order was upheld by an appellate court.

Brodsky argued the indirect contempt of court charge, which Carlson considered a “felony offense,” did not allege how he violated the attorney-client privilege and did not establish whether the offense is a major or minor violation.

“The pleading is defective on its face,” Brodsky said.

After reviewing case law on the issue, Carlson denied Brodsky’s request to dismiss the contempt charge. Brodsky then asked Carlson for his trial to immediately begin on Thursday.

Carlson instead scheduled Brodsky’s case on May 1 before Will County Judge Jessica Colón-Sayre. Carlson is stepping down from the bench on April 30.

There was a lengthy back-and-forth between Carlson and Brodsky on what he could say publicly about the case. Carlson once again repeatedly reminded Brodsky to not talk to media about his representation of Peterson.

“OK? Please, Joel, I wish you the best,” Carlson said.

Special Prosecutor Bill Elward is handling the case against Brodsky. Elward was also part of the prosecution team against Peterson in a Randolph County trial that led to his conviction of soliciting the murder of Will County State’s Attorney James Glasgow.