Drew Peterson asks for a new trial

January 10, 2013 2:50:17 PM PST
Former Bolingbrook police officer Drew Peterson returned to court Thursday morning for a post-trial hearing.

A judge set a hearing date when he will hear arguments from Peterson's legal team for a new trial.

Peterson was convicted in the 2004 drowning death of his third wife, Kathleen Savio.

He is also a person of interest in the disappearance of his fourth wife, Stacy Peterson.

Prosecutors and defense attorneys were supposed to be in court Thursday morning for Drew Peterson's sentencing instead, the former Bolingbrook cop is hoping for a new trial for the murder of Savio.

A February hearing is set for Peterson's attorneys to argue their reasons why Peterson deserves another shot "There is a multitude of issues we raised for a new trial ranging from evidentiary issues to hearsay, privileged information, there is the ineffective counsel issue," Drew Peterson's attorney David Peilet said.

Ineffective counsel is what the defense is banking on.

In the 32 page motion, former lead attorney Joel Brodsky is accused of being more focused on his own "self-glorification" during the trial than "the best interests of his client".

"The allegations they have in their motion are incredulous and baseless and we are ready to handle at the hearing date," Will County State's Attorney James Glasgow said. "I''ve never seen lawyers go at it like this in history of Will County."

Brodsky's decision to call Savio's divorce attorney Harry Smith to the stand is named as one of the most glaring examples of ineffective counsel.

Smith's testimony helped the jury tip the scales to a guilty verdict.

But that decision was made by Peterson's entire defense team, including Steve Greenberg and Joe Lopez who remain on the case, according to Glasgow.

"They came out and had a press conference with you where they all said we all agreed to do this," Glasgow said. Stacy Peterson's sister Cassandra Cales is confident the judge will not grant a Peterson a new trial and he will be sentenced.

Cales said she comes to court just see what jail has done to Peterson's appearance.

"Today he is very old looking and to see him shackled up makes me feel good that he is not in control," Cales said.

Peterson returns to court February 19th and 20th for a hearing and his lawyers will get to call witnesses in their quest for a new trial.

The witnesses are likely to be Peterson and lawyers, including Joel Brodsky.

If the judge refuses to grant a new trial, the sentencing hearing will immediately follow.