Monday, May 20, 2013
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Warring Peterson lawyers take fight to court

CHICAGO — Drew Peterson’s wisecracking, limelight-hogging, sunglasses-wearing lawyers faced the media horde every day of the former suburban Chicago police officer’s 2012 trial — one that ended with a murder conviction and a falling out among the erstwhile colleagues.

But the lawyerly war of words in public between lead trial counsel Joel Brodsky and former partner-turned-nemesis Steve Greenberg that began within hours of the trial’s end will come to a head Tuesday at a hearing where the defense will argue Peterson deserves a new trial because Brodsky did a shoddy job.

It’s just the latest of many peculiar chapters in the saga of the former Bolingbrook police sergeant, who gained notoriety after his much younger fourth wife, Stacy Peterson, vanished in 2007. There was speculation Peterson sought to parlay his law enforcement expertise to get away with murder.

If Will County Judge Edward Burmila rejects the motion for a retrial, he has said he will proceed quickly to sentencing. Peterson, 59, faces a maximum 60-year prison term for murdering his third wife, Kathleen Savio, who was found dead in her bathtub with a gash on her head.

Disagreements among legal teams during trials aren’t uncommon, but those spats spilling into public are, said Gal Pissetzky, a Chicago-area defense attorney who isn’t connected to the Peterson case.

“A new team of lawyers might accuse an old team of lawyers of making mistakes at the trial — but lawyers on the same trial team blaming each other? I’ve never heard of anything like this,” he said.

The feud escalated earlier this month when Brodsky filed a defamation lawsuit against Greenberg.

The suit claims Greenberg became “irrationally fixated and obsessed with destroying Brodsky” and held Brodsky up to “great public scorn, hatred, contempt (and) ridicule.”

In an open letter to Brodsky in September, Greenberg accused him of “single-handedly” losing the trial, adding he “wafted the greatest case by ignorance, obduracy and ineptitude.”

The current acrimony stands in contrast to the start of the trial, when the defense team was a united front. Several times, they joked that Stacy Peterson — whose body was never found — could show up any day to take the stand.

If Brodsky ends up taking the stand at Tuesday’s hearing, he may face aggressive cross-examination by Greenberg and his other erstwhile colleagues. There’s even an outside chance Peterson himself could be asked testify.

Among the accusations against Brodsky, one is that he was so bent on self-publicity that he pressed Peterson to go a pretrial media blitz that ended up damaging the former officer’s cause.

But the hearing’s focus is expected to be a decision that backfired during trial and when fractures started to become apparent —calling divorce lawyer Harry Smith to be a witness for the defense. Greenberg says that was Brodsky’s decision; Brodsky says all the defense lawyers at the trial agreed on it.

Under questioning by Brodsky, Smith told jurors that Stacy Peterson had asked him a question before she vanished: Could she squeeze more money out of her husband in divorce proceedings if she threatened to tell police that he murdered Savio three years earlier?

Brodsky hoped Smith’s testimony that Stacy Peterson allegedly sought to extort her husband would dent the credibility of statements she made to others that Drew Peterson threatened to kill her.

But during his testimony, Smith kept stressing how Stacy Peterson seemed to sincerely believe her husband had killed Savio. Prosecutors could barely contain their joy, with chief state’s prosecutor James Glasgow calling it “a gift from God.” And some jurors said later that Smith’s testimony convinced them to convict Peterson.

Judges rarely grant retrials, even in egregious cases of missteps. And when they do, it is usually because an attorney didn’t make a certain argument or call a witness who might have exonerated a defendant, explained Kathleen Zellner, another Chicago-area defense attorney.

Peterson himself will also be hard-pressed to say he didn’t appreciate the pitfalls, since Burmila took the exceptional step during the trial of telling defense attorneys — with jurors out of the room — that calling Smith was risky.

“It’s usually not for something an attorney did but for what they did not do,” she said.

But seemingly nothing can be ruled out in the Peterson case, which has been full of oddities since it first made headlines in 2007. His trial was the first in Illinois history where prosecutors built their case on hearsay thanks to a new law tailored specifically for the case, dubbed “Drew’s Law.”

Savio’s drowning death was initially deemed an accident, a freak slip in the tub. But after Stacy Peterson vanished, Savio’s body was re-examined and her death was reclassified as a homicide.

Still, most legal observers agreed the mistrial motion is a longshot — at best.

“Nothing in this case has been usual,” Pissetzky said. “But the chances for this motion to success are slim to none — and slim just left the building.”

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Crystal Middle School enrolls in No Excuses University

By Amy Maginnis-Honey | From Page: A1, 1 Comment | Gallery

 
More than 160 schools part of No Excuses University

By Amy Maginnis-Honey | From Page: A1

Time once again for Made-Up Mailbag

By Tony Wade | From Page: A2

 
Fruit and Veggie Fest offers cheap options for healthy eating

By Heather Ah San | From Page: A3 | Gallery

Assist-A-Grad recipients honored for hard work

By Heather Ah San | From Page: A3, 1 Comment | Gallery

 
Assist-A-Grad scholarship recipients

By Brad Stanhope | From Page: A3, 2 Comments

Moonlit hike at Lynch Canyon

By Daily Republic staff | From Page: A4

 
CME church leadership visits Fairfield

By John Glidden | From Page: A4

Military Family Day set Saturday

By John Glidden | From Page: A4, 1 Comment

 
Local governments set meeting schedules

By Daily Republic staff | From Page: A4

Vacaville police seek volunteers

By Daily Republic staff | From Page: A4

 
Car wash Sunday to benefit boxing, Kajukenbo teams

By Daily Republic staff | From Page: A4

City Coach to reduce fares during Fiesta Days for the week

By Daily Republic staff | From Page: A4

 
Fairfield sees slight dip in tax receipts

By Barry Eberling | From Page: B6

 
Credit union teen program

By Daily Republic staff | From Page: B6

 
Fairfield police log Thursday, May 16, 2013

By John Glidden | From Page: A9

 
.

US / World

Tea party looks to take advantage of moment

By The Associated Press | From Page: A1, 3 Comments | Gallery

 
What do we eat? New food map will tell us

By The Associated Press | From Page: A1

Bill ensures paid family leave for Calif. workers

By The Associated Press | From Page: A1

 
Obama exhorts good deeds by Morehouse graduates

By The Associated Press | From Page: A6

AP CEO calls records seizure unconstitutional

By The Associated Press | From Page: A7, 1 Comment

 
Small Fla. city wonders who won Powerball jackpot

By The Associated Press | From Page: A7

2 FBI agents killed in training accident in Va.

By The Associated Press | From Page: A7

 
Honeybees trained in Croatia to find land mines

By The Associated Press | From Page: A11, 2 Comments

Syrian troops push into strategic rebel-held town

By The Associated Press | From Page: A11

 
.

Opinion

What happened, Mr. President?

By Bill O'Reilly | From Page: A8, 2 Comments

 
Columnist does not understand concept of diversity

By Letter to the Editor | From Page: A8, 1 Comment

Editorial cartoons for May 20, 2013

By Daily Republic | From Page: A8

 
Chinese turn to White House website with petitions

By Scripps Howard News Service | From Page: A8

 
Let’s talk of cabbages and kings

By Mike Kirchubel | From Page: A8, 6 Comments

.

Living

Today in history for May 20, 2013

By The Associated Press | From Page: A2

 
Community calendar Monday, May 20, 2013

By John Glidden | From Page: A2

Horoscopes for May 20, 2013

By Holiday Mathis | From Page: B5

 
How should we deal with our bi-racial grandson?

By Kathy Mitchell and Marcy Sugar | From Page: B5

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: A7

 
Taylor Swift wins 8 trophies at Billboard Awards

By The Associated Press | From Page: A10, 1 Comment | Gallery

Paul McCartney kicks off ‘Out There’ tour in US

By The Associated Press | From Page: A10 | Gallery

 
Coens’ folk revival ‘Llewyn’ serenades Cannes

By The Associated Press | From Page: A10 | Gallery

‘Trek’ does $70.6M but falls short of studio hopes

By The Associated Press | From Page: A10

 
.

Sports

Cespedes homer in 8th helps A’s sweep Royals

By The Associated Press | From Page: B1 | Gallery

 
Belmont Stakes: Oxbow vs. Orb in the cards

By The Associated Press | From Page: B1

Tejay van Garderen wins Tour of California

By The Associated Press | From Page: B1 | Gallery

 
Johnson wins again and shrugs off the haters

By The Associated Press | From Page: B1

Logan Couture emerges as leader on Sharks

By The Associated Press | From Page: B1 | Gallery

 
Giants’ tough trip ends with another thud

By The Associated Press | From Page: B1

Spurs rout Grizzlies 105-83 in West finals opener

By The Associated Press | From Page: B2 | Gallery

 
Fairfield Expos open Legion season with loss at Chico

By Daily Republic staff | From Page: B2

Nadal beats Federer, Serena wins at Italian Open

By The Associated Press | From Page: B2

 
Bae wins Byron Nelson for first PGA Tour title

By The Associated Press | From Page: B2 | Gallery

Young Americans waste no time qualifying for Indy 500

By The Associated Press | From Page: B2

 
.

Business

US gas prices up 11 cents over past 2 weeks

By The Associated Press | From Page: B6

 
Maker of ‘pink slime’ continues to struggle

By The Associated Press | From Page: B6

Salt Lake City gears up for $1.8B new airport

By The Associated Press | From Page: B6

 
Silicon Valley-area hub becomes factory town

By The Associated Press | From Page: B6 | Gallery

.

Obituaries

.

Comics

Pickles

By Daily Republic Syndicated Content | From Page: B4

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: B4

Beetle Bailey

By Daily Republic Syndicated Content | From Page: B4

 
Frank and Ernest

By Daily Republic Syndicated Content | From Page: B4

Dilbert

By Daily Republic Syndicated Content | From Page: B4

 
Rose is Rose

By Daily Republic Syndicated Content | From Page: B4

Baldo

By Daily Republic Syndicated Content | From Page: B4

 
Zits

By Daily Republic Syndicated Content | From Page: B4

Wizard of Id

By Daily Republic Syndicated Content | From Page: B4

 
Sally Forth

By Daily Republic Syndicated Content | From Page: B4

For Better or Worse

By Daily Republic Syndicated Content | From Page: B4

 
Peanuts

By Daily Republic Syndicated Content | From Page: B4

Fort Knox

By Daily Republic Syndicated Content | From Page: B4

 
Blondie

By Daily Republic Syndicated Content | From Page: B4

Garfield

By Daily Republic Syndicated Content | From Page: B4

 
B.C.

By Daily Republic Syndicated Content | From Page: B4

Word Sleuth

By Daily Republic Syndicated Content | From Page: B5

 
Sudoku

By Daily Republic Syndicated Content | From Page: B5

Bridge

By Daily Republic Syndicated Content | From Page: B5

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: B5

Crossword

By Daily Republic Syndicated Content | From Page: B5