He also informed the judge he plans to challenge the constitutionality of the so-called "hearsay law" that will allow prosecutors to use Savio's words as evidence.
"I believe if the hearsay law is found unconstitutional the state will have to stop the prosecution in its tracks and take an appeal of that decision... it's that essential to their case," said Joel Brodsky, Peterson's attorney.
No new trial date has been set.
