Ill. Supreme Court: Peterson stays in jail

October 8, 2010 Peterson's attorneys now plan to take the case for his release to federal court.

The defense has argued that Peterson should be freed while the Will County state's attorney appeals a judge's decision barring key hearsay evidence in his trial for the 2004 murder of his third wife, Kathleen Savio.

Savio's death was first ruled an accidental drowning but was reclassified as a homicide several years later.

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