April 25, 2024
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Court hearing set on Drew Peterson’s petition to overturn murder conviction

Peterson says he was denied effective counsel during his trial for the murder of his third wife

By Alex Ortiz
Drew Peterson (right) and his former attorney Joel Brodsky are seen May 21, 2008, leaving the Will County Jail. Peterson is facing new charges of attempting to solicit the murder of Will County State's Attorney James Glasgow. Brodsky says his former client is being set up.

Drew Peterson (right) and his former attorney Joel Brodsky are seen May 21, 2008, leaving the Will County Jail. Peterson is asking a Will County judge to overturn his conviction of murdering his third wife, Kathleen Savio.

Another court hearing was set, but no decision made, on former Bolingbrook police Sgt. Drew Peterson’s petition to vacate his conviction in the murder of his third wife.

On Monday, Peterson’s attorney, Jason Strzelecki of the Will County Public Defender’s Office, told Judge Edward Burmilla that he planned to amend Peterson’s petition. Strzelecki said he was going through “quite a bit of material” and interviewing more witnesses in order to file additional claims.

He asked Burmilla to grant 90 more days for the further investigation, which the judge granted. Burmilla set a May 18 hearing on the matter.

Peterson was not present either in-person or remotely Monday. Strzelecki said Peterson would also not be present at the May 18 hearing.

In his hand-written petition, Peterson argued that he was denied effective counsel and that his lead attorney, Joel Brodsky, did not allow him to testify on his own behalf during the trial.

Peterson also claimed that if any of his other attorneys contradicted Brodsky, they were “threatened to be removed.”

In a motion to dismiss the petition, the Will County State’s Attorney’s Office responded to Peterson’s petition, arguing he was not entitled to relief.

Assistant States Attorney Colleen Griffin wrote Peterson’s claim that Brodsky threatened his other attorneys with removal could have been raised when the case was being appealed before the Illinois Supreme Court, but was not.

Griffin conceded that Peterson did raise claims he had ineffective counsel when he appealed his conviction, but they were rejected.

As for Peterson’s assertion that Brodsky forbade him from testifying, Griffin said the claim should also have been raised while the conviction was being appealed. She then provided a partial transcript of an exchange with the judge during trial in which Peterson said he would not testify, even after asked if it was his decision.

“I will not testify, sir,” Peterson said, according to the transcript.

“You will not, sir?” the judge said.

“That’s correct,” Peterson responded.

“And that’s your decision?” the judge asked.

Peterson responded, “Yes, sir.”

Peterson is serving a 38-year sentence for the 2004 murder of his ex-wife Kathleen Savio as well as an additional 40 years in prison for trying to hire someone to kill Will County State’s Attorney Jim Glasgow.

Peterson was also suspected, but never charged, in the disappearance of his fourth wife, Stacy.