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[Angel Who Cares]

Peterson's attorney seeks change of venue
July 30, 2009
<snipped>
Peterson's attorney, Joel Brodsky, filed a motion to have Peterson's murder trial moved out of Joliet.

In his motion, Brodsky blamed the media for having "prejudiced the jury pool," and claimed the Internet search engine Google returned 2.95 million results for Drew Peterson.

Brodsky's motion will be argued in court Aug. 14.

In his motion to have the murder case moved, Brodsky took a shot at Will County State's Attorney James Glasgow's office for a Feb. 21 press release titled "Pathologist declares Kathleen Savio's death a homicide," which he claims "prejudiced the jury pool in regards to the most contested fact of the entire case &#8212; namely the manner of death."

Charles B. Pelkie, the spokesman for the state's attorney's office, pointed out that Peterson's "name is not even mentioned" in the release and argued prosecutors have done nothing to poison the jury pool.

"The state's attorney has adopted a very strict interpretation of the Supreme Court rules regarding pretrial publicity," Pelkie said. "We follow both the spirit and the letter of those rules.

"We release only information that the public has a right to know," Pelkie added. "We've taken every step possible to ensure that this office did not contribute to the media frenzy that surrounded this case."

Brodsky and Peterson, on the other hand, have plunged head first into the media frenzy, with both attorney and client making numerous TV appearances since Stacy Peterson's disappearance nearly two years ago.

Article:
http://www.suburbanchicagonews.com/heraldnews/news/1693432,Peterson-change-of-venue-JO073009.article

 

[Angel Who Cares]

Drew Peterson asks judge to move trial
July 30, 2009 3:28 PM
<snipped>
Joel Brodsky earlier had signaled his intention of doing either that or asking that jurors be selected from another county, arguing that widespread publicity would make it difficult for the former Bolingbrook police sergeant to get a fair trial.

Prosecutors believe an impartial jury can be selected from Will County, a spokesman said.

"We have taken every step necessary on our part to avoid the media circus that was swirling around this case," said Chuck Pelkie. "We've only released information that is public information."

Today's filing cites stories about Peterson that ran in the Chicago Tribune, CNN, Huffington Post and local television stations. Some of the stories detailing the order of protection Savio took out against Peterson and the letters she mailed out before her death exposed jurors to "highly significant information which may not be admissible at trial," the motion says.

Peterson's attorneys also objected to a 2008 press release from the Will County state's attorney's office that announced that results of an autopsy on Savio's exhumed remains showed her death was a homicide. The complete autopsy was not released, only the manner of death, which his attorneys argued "prejudiced the jury pool in regards to the most contested fact of the entire case -- namely the manner of death."

No mention is made in the filing of the national TV interviews Peterson and his attorneys have given, though his attorneys also filed a CD containing other media coverage.

The case is scheduled to resume Aug. 14. As of now, the trial would be held in Will County Circuit Court in Joliet.

Article:
http://www.chicagobreakingnews.com/2009/07/drew-peterson-asks-judge-to-move-trial.html

 

[Angel Who Cares]

Peterson Appeal Brief Released
thepublicityagency.com - August 05, 2009
<snipped>
Bolingbrook, Ill. / Drew Peterson's defense team today released briefs responding to the prosecution's decision to appeal a court's dismissal of gun charges against Drew Peterson.

On Nov. 20, 2008, the Will County Circuit Court dismissed an indictment against Peterson for possession of a firearm with a barrel length of less than 16 inches.

The Abood Law firm and the law firm of Brodsky and Odeh responded in a brief filed in the Appellate Court for the Third District.

Oral arguments are pending with reply briefs from both parties due in the upcoming months.

2ND HEADLINE:
About Brodsky & Odeh:
Chicago Attorneys Joel A. Brodsky and Reem H. Odeh announced the formation of the law firm of Brodsky & Odeh, which is located in Chicago, Illinois, in November of 2004. Prior to that Mr. Brodsky and Ms. Odeh were partners at a large and prestigious law firm in Chicago. They left that firm in order to concentrate in the areas of law they excel at, criminal defense, immigration and commercial litigation. Since 1987 Mr. Brodsky has concentrated his practice in the areas of criminal defense and complex commercial litigation. Mr. Brodsky has tried numerous felony and misdemeanor criminal cases before both juries and judges. Ms. Odeh has practiced in various areas of the law, including: immigration, criminal defense, commercial litigation, and domestic matters. In 2002, she served as an intern on the Murder Task Force of the Cook County Public Defender's Office.

3RD HEADLINE:
About Andrew Abood:
Upon graduation from Law School in 1990, Andrew accepted the position of law clerk to the Honorable Michael F. Cavanaugh of Michigan State Supreme Court. Andrew has served as an adjunct professor at Cooley Law School teaching Scholarly Writing, is the past president of the Young Lawyer Section of the Ingrham County Bar, and is a member of the Legal Authors Society. Today Andrew's areas of practice include commercial transaction and litigation, including real estate, corporate and business planning, and criminal law.

To download the brief:
http://aboodlaw.com/pdfs/Defendant-Appellee_Cross-Appellant-Brief-and-Argument-on-Appeal.pdf

To download the brief:
http://www.brodskyodeh.com/links.jsp

Article:
http://www.prnewschannel.com/absolutenm/templates/?a=1538&z=4

 

[Angel Who Cares]

Illinois and Iowa digest
Quinn: Death penalty moratorium should remain
published online: 7/31/2009
<snipped>
Gov. Pat Quinn said the state's moratorium on capital punishment should continue even as DuPage County prosecutors seek the death penalty in a high-profile case.

Peterson's lawyer files change of venue motion
Drew Peterson's attorney is trying to get the former police sergeant's murder trial moved out of the county where he's charged because of what he calls extensive and inflammatory media coverage.

Thursday's motion by Joel Brodsky was expected. He's long expressed concern that Peterson might not be able to get a fair trail in Will County, where he's charged in the 2004 drowning death of Kathleen Savio.

Since Peterson's fourth wife, Stacy Peterson, disappeared in 2007 the case has been the subject of scores of news reports -- many of which have included appearances by Brodsky and Peterson.

Peterson is a suspect in Stacy Peterson's disappearance, but hasn't been charged.

The motion is scheduled to be heard in Will County on Aug. 14.

Article:
http://www.thehawkeye.com/Story/IL-Today-073109

 

[Angel Who Cares]

Peterson attorneys to file motion
Drew Peterson's attorneys will file a motion on Monday asking a judge find the so called hearsay law unconstitutional.
Friday, August 07, 2009 | 10:52 PM
<snipped>
Prosecutors plan on using statements that she reportedly made to family members in Peterson's trial. Savio reportedly told her family that Peterson would try to kill her.
A new state law passed last year makes it easier to use hearsay statements from victims who were allegedly killed to prevent them from testifying against their attackers.

Article:
http://abclocal.go.com/wls/story?section=news/local&id=6954844

 

[Angel Who Cares]

Peterson's attorneys fight hearsay law
August 10, 2009
<snipped>
Lawyers Joel Brodsky, Reem Odeh, and Andrew Abood have said the state statute is unconstitutional and can't be used against Peterson because it was passed four years after the events he is accused of were alleged to have occurred, the release said.

It also violates his 6th Amendment right to confront witnesses, they allege.

"Any attempt to introduce evidence through this statute violates the ex post facto provision of the United States Constitution," Abood said in the release.

"This ill conceived law would also deny Mr. Peterson his constitutional right to confront the witnesses against him, in violation of recent U.S. Supreme Court rulings", Brodsky said in the release.

A date for a hearing on the motion has not been set.

Article:
http://www.suburbanchicagonews.com/foxvalleysun/news/1709167,Peterson-hearsay-law_JO081009.article

 

[Angel Who Cares]

Drew Peterson is back in court SEE MOTION
Monday, 10 August 2009 8:25AM
<snipped>
Meanwhile, WBBM's Regine Schlesinger reports they're trying to strike down the Illinois law that goes to the heart of the prosecution's case. For their case against Peterson, prosecutors are relying heavily on so-called testimony from beyond the grave.

It's permissible under a recently-enacted state law that allows the use of hearsay evidence under certain circumstances.

Prosecutors would introduce testimony from others, alleging that Kathleen Savio had told them that Peterson had threatened her and that she feared for her life. In their motion to strike down the law, Peterson's lawyers argue it would allow gossip, innuendo, rumor and back fence scandal to masquerade as evidence.

READ THE MOTION:
http://www.drewpetersondocuments.com/pdfs/Motion-to-Exclude-Hearsay-Evidence-of-Savio.pdf

Article:
http://www.wbbm780.com/Drew-Peterson-is-back-in-court-SEE-MOTION/4973607

 

[Angel Who Cares]

Drew Peterson's attorneys launch attack on hearsay law
August 10, 2009 4:47 AM
<snipped>
A recently enacted state law written to allow the use of beyond-the-grave hearsay evidence against Drew Peterson should be declared unconstitutional, according to a motion that Peterson's attorneys are expected to file today.

"The new hearsay law ... would allow gossip, innuendo, rumor and back fence scandal to come into court and masquerade as evidence," the motion states. The motion is posted on the Web site of Peterson's attorneys.

"Having a newly minted homicide, but not having evidence to prosecute anyone for it, the Will Couny State's Attorney decided to draft a new law," the motion asserts. That law "would allow him to introduce otherwise inadmissable evidence against Drew Peterson."

The motion also attacks the fact that the hearsay law can be used in cases in which a crime predates passage of the law, pointing out that ex post facto laws violate the state and U.S. constitutions.

Joel Brodsky's Web site:
http://www.brodskyodeh.com/

Motion:
http://www.drewpetersondocuments.com/pdfs/Motion-to-Exclude-Hearsay-Evidence-of-Savio.pdf

Article:
http://www.chicagobreakingnews.com/...s-attorneys-launch-attack-on-hearsay-law.html

 

[Angel Who Cares]

Drew Peterson's Attorneys Challenge Hearsay Law
State Law Allows For Statements By Peterson's Dead Third Wife
Aug 10, 2009 1:08 pm US/Central
<snipped>
Drew Peterson was in court on Monday, as his attorneys unveiled a new strategy for his defense.

Attorneys filed a motion to challenge the Illinois hearsay law, which allows statements from Peterson's dead third wife, Kathleen Savio, to be used in his trial. They say it was passed four years after the alleged murder happened, and that it's unconstitutional.

"Any attempt to introduce evidence through this statute violates the ex post facto provision of the United States Constitution," said Andrew Abood, one of Peterson's defense attorneys, in a news release.

"This ill conceived law would also deny Mr. Peterson his constitutional right to confront the witnesses against him, in violation of recent US Supreme Court rulings," added Peterson attorney Joel Brodsky.

The motion is expected to hold up the start of Peterson's murder trial.

Article:
http://cbs2chicago.com/local/drew.peterson.hearsay.2.1121153.html

 

[Angel Who Cares]

Friday is D-Day for Drew's Road Show
Attorney: Drew Peterson can't get fair trail in Will County
Updated 5:45 PM CDT, Thu, Aug 13, 2009
<snipped>
We'll find out Friday if Drew Peterson will be able to take his show on the road.

The man charged with the murder of his third wife, Kathleen Savio, and suspected of having something to do with the disappearance of his fourth wife, Stacy Peterson, filed a motion in Will County last month to move his trial.

The request cites the saturation of coverage in newspapers, on television and online which, according to his attorney, makes it difficult for the former Bolingbrook police sergeant to get a fair trial.

Of course, Peterson hasn't exactly shied away from the attention. Remember, he didn't seem to mind being arrested and charged with murder at all.

He's even taken his story nationally, which sort of makes the request to move the trial seemingly a bit disingenuous.

If unmoved, the trial will be held in Will County Circuit Court in Joliet.

Article:
http://www.nbcchicago.com/news/local-beat/drew-peterson-court-trial-move-081409-53173227.html

 

[Angel Who Cares]

Drew Peterson to argue change of venue
3:05 a.m. CDT, August 14, 2009
<snipped>
The question of whether Drew Peterson's murder trial should be moved out of Will County is expected to be discussed at a court hearing.

The former Bolingbrook police sergeant who is charged in the 2004 slaying of his third wife Kathleen Savio is scheduled to be in a Will County courtroom Friday. His attorneys have already filed a change of venue motion.

Peterson's attorneys argue that the case should be moved because of what they call extensive and inflammatory media coverage.

One issue that may come up is all the media attention that both Peterson and his attorney Joel Brodsky have courted. Both have talked extensively to the press and have appeared on radio programs and national television shows.

Article:
http://www.chicagotribune.com/news/chi-ap-il-drewpeterson-cour,0,439480.story

 

[Angel Who Cares]

Peterson hearing halted for potential jurors
August 14, 2009
<snipped>
An expected hearing on a motion for a change of venue in the Drew Peterson case was delayed this morning when the judge told the courtroom he planned to bring some 240 potential jurors into the courtroom.

Will County Judge Stephen White said this morning that the jurors would be brought into the courtroom in groups of 60. He did not indicate if arguments on the motion for a change of venue would be heard later today.

All reporters were then ordered out of the courtroom.

Andrew Abood, an attorney for Peterson, objected to what he called a "closed courtroom."

White replied that there simply was not room for the potential jurors and the crowd of reporters.

Article:
http://www.suburbanchicagonews.com/foxvalleysun/news/1716632,Peterson-hearing_jo081409.article

 

[Angel Who Cares]

Peterson back in court
The Drew Peterson case returned to court Friday. His attorneys were asking the judge for significant changes in the former police officer's murder trial.
Friday, August 14, 2009 | 11:23 AM
<snipped>
Earlier this week, Drew Peterson talked with reporters about his three months in jail. He said fighting boredom is his biggest challenge, saying he hates reading and watches a lot of TV. Peterson also said he does not want his kids to visit him in jail but talks with them twice a week by telephone.

Peterson's attorneys say that he cannot get a fair trial in this area because of all of the media attention.

"There is so much pre-trial publicity and prejudicial publicity that has saturated the community," said Reem Odeh, Drew Peterson's attorney.

Prosecutors say that Drew Peterson can get a fair trial in Will County. Prosecutors also say that Peterson and his attorneys may have been seeking some of the media attention. For example, Drew Peterson, through his attorneys, follow ABC7's Jason Knowles and other reporters on Twitter.

VIDEO: Peterson back in court
http://abclocal.go.com/wls/video?id=6965292

Article:
http://abclocal.go.com/wls/story?section=news/local&id=6964825

 

[Angel Who Cares]

Drew Peterson Asks To Move Trial
Updated: Friday, 14 Aug 2009, 1:30 PM CDT
Published : Friday, 14 Aug 2009, 8:42 AM CDT
<snipped>
Drew Peterson's lawyers are asking a judge today to move his murder trial out of Will County because of massive publicity. Peterson's lawyers argue that widespread publicity about Peterson's dead wife, Kathleen Savio, would prejudice jurors against him locally.

Prosecutors argue evidence against Peterson would convict him. Kathleen Savio was found in a waterless bathtub. The first autopsy resulted in no charges. A second autopsy led to murder charges against Peterson.

VIDEO REPORT INCLUDED IN ARTICLE!

Article:
http://www.myfoxchicago.com/dpp/new..._ask_change_of_venue_citing_massive_publicity
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Exclusive: New Scrutiny in Peterson Case
Updated: Thursday, 13 Aug 2009, 8:35 PM CDT
Published : Thursday, 13 Aug 2009, 5:59 PM CDT
<snipped>
It is said there are six degrees of separation between all of us, but the link between Drew Peterson and Greg Long is downright uncanny.

Long believes the connection is so remarkably significant, that he made a plea for help after realizing the coincidence.

Long and Peterson now are both behind bars. Both men are fighting murder charges. And the lives of both men could come down to what one man had to say. That person is forensic pathologist, Dr. Bryan R. Mitchell.

Mitchell is the man who, for Will County, performed the original autopsy on Peterson's third wife, Kathleen Savio. On March 1, 2004, Savio was found dead at her home in a waterless bathtub, soaked in blood. After examining her body, it was in Mitchell's opinion, that Savio's death could be "ascribed to drowning."

For a second opinion, we reached out to renowned pathologist and Fox News contributor, Dr. Michael Baden. (Baden coincidentally performed the second autopsy on Kathleen Savio, at the request of the Savio (family).

"In general, it's recommended all the organs be removed before looking at the neck organs, so that the blood has left the body before looking at any injuries that could be seen as strangulation," said Baden.

Long says he sends condolences to the family of Kathleen Savio. He also wants to thank them for pressuring authorities in Will County to exhume her body. "Without that connection, I think (Henker's autopsy) would have been covered up....People got to be made aware of this....Maybe there's more than just these two cases?" (his and Savio).

Long says he sends condolences to the family of Kathleen Savio. He also wants to thank them for pressuring authorities in Will County to exhume her body. "Without that connection, I think (Henker's autopsy) would have been covered up....People got to be made aware of this....Maybe there's more than just these two cases?" (his and Savio).

PDF: Appeal Decision, Descent
http://www.myfoxchicago.com/generic/news/long

VIDEO REPORT INCLUDED IN ARTICLE!

Article:
http://www.myfoxchicago.com/dpp/news/metro/drew_peterson_greg_long

 

[Angel Who Cares]

The Drews and Drew Nots of Peterson's Trial
Updated 2:15 PM CDT, Fri, Aug 14, 2009
<snipped>
Drew Peterson may be succeeding in his quest to taint the jury pool.

In a highly unusual move, Will County Judge Stephen White admonished potential jurors to not read or watch any news about the Peterson murder case, even though a trial could still be many months, possibly even a year away. Peterson stands accused of killing his third wife, Kathleen Savio.

"I have to do everything I can to protect the jury pool from publicity," the judge said, explaining the unusual move of assembling potential jurors months before a potential trial.

White told the potential jurors that news stories they might read or watch might not be true. He instructed them not to research the case on the Internet or discuss it with anyone, even family members.

The judge advised the pool he had no plans to sequester Peterson's jury, and had no intention of holding a trial, which would last many months.

Peterson arrived from the jail shackled, wearing a gray pinstriped suit, but the shackles were removed before potential jurors entered the courtroom. When he was introduced, Peterson smiled and said, "Good day folks, how are you?"

Article:
http://www.nbcchicago.com/news/local-beat/The-Drews-and-Drew-Nots-of-Petersons-Trial-53238202.html

 

[Angel Who Cares]

Judge in Drew Peterson case preparing jury pool
August 14, 2009
48 minutes ago
<snipped>
Hundreds of potential jurors in the murder trial of former police officer Drew Peterson were asked to fill out questionnaires Friday, although no trial date has been set and Peterson wants the trial moved.

Will County Judge Stephen White said he was proceeding under the assumption that the trial would remain in the county, and was trying to protect a jury pool. After potential jurors entered the courtroom, Peterson, wearing a gray suit, stood and greeted them.

"Good morning, folks. How are you?" he said.

A hearing was scheduled for later Friday on Peterson's request to move the trial because of pretrial publicity &#8212; some of it courted by Peterson and his attorney, who went on numerous television and radio shows.

White planned to have 240 people fill out questionnaires Friday. He gave potential jurors a list of 493 people whose names could come up during the trial to see if they knew any them. He said he did not know when the trial would begin, but said they should not change any plans.

Peterson's attorneys said it was very unusual for a judge to begin the jury-selection process months before the start of a trial, adding that it would be difficult for potential jurors to avoid publicity.

"I hope they follow the law," said attorney Andrew Abood.

White also set an Oct. 2 hearing on a motion filed by Peterson's attorneys challenging the constitutionality of a hearsay law passed in Illinois in 2008 and widely viewed as a response to the case.

Article:
http://www.google.com/hostednews/ap/article/ALeqM5g6BDgiLvpu6u3ubvg4R8tDuw8YTwD9A2RN4G0

 

[Angel Who Cares]

Judge in Drew Peterson case considering trial move
4:13 p.m. CDT, August 14, 2009
<snipped>
A Will County judge says he'll decide Oct. 2 if Drew Peterson's murder trial should be moved because of pretrial publicity.

Judge Stephen White listened Friday to arguments from both sides. Peterson has pleaded not guilty to first-degree murder in the death of his third wife, Kathleen Savio.

Peterson's attorneys say much of the intense publicity surrounding the case has been negative and inflammatory and would prevent Peterson from getting to get a fair trial in Will County.

They also say Peterson may have arrested or ticketed potential jurors or their family members during his three decades as a police officer.

State's Attorney James Glasgow says a fair trial is possible, but if it became clear during jury questioning that it wasn't, he'd agree to a move.

Article:
http://www.chicagotribune.com/news/chi-ap-il-drewpeterson-tria,0,2798767.story

 

[Angel Who Cares]

Judge admonishes potential Peterson jury pool to avoid news
8/14/2009 11:46 AM
Updated: 8/14/2009 5:41 PM
<snipped>
Circuit Judge Stephen White made the unusual move as the former Bolingbrook police sergeant's attorneys argued he cannot receive a fair trial in Will County due to the case's notoriety and his 30-year background in law enforcement here.

White will rule on the change-of-venue request Oct. 2 but, in the meantime, he brought in the large pool of potential panelists early to try to limit further media exposure. Potential jurors also filled out a lengthy questionnaire that included the names of 493 potential witnesses to ensure all are unknown to them.

Lawyers won't start questioning members of the pool, though, until the trial starts. A date hasn't been set, but the defense team said it may begin later this year. They said Peterson, who has been held since May 7 in the Will County jail on a $20 million bond, is eager to try to win his freedom.

Dressed in a charcoal suit, Peterson greeted the potential panelists with a brief, "Hi folks," and casual smile, as they were ushered into the packed courtroom.

Judge White warned the pool, brought into court in groups of 60, not to read newspapers, listen to the radio, search the Internet or watch television coverage about the Peterson case. A few potential panelists visibly grimaced and appeared shocked when the judge told them the name of the case.

"This is where the truth is determined," White said of the courtroom, "only within these four walls."

White may choose to allow the case to continue in Will County until the potential jurors are individually questioned. If the majority cannot be impartial, Glasgow agreed he'd rather the trial be held elsewhere than for a higher court to reverse the outcome later, should Peterson get convicted and appeal.

Article:
http://www.dailyherald.com/story/?id=313812

 

[Angel Who Cares]

Where will Drew be tried?
DEFENSE BID | Judge to rule Oct. 2 on leaving Will County
August 15, 2009
<snipped>
On Oct. 2, Drew Peterson will find out if his murder trial will be held somewhere else.

His lawyers want the trial moved out of Will County. Peterson can't get a fair trial here because of the publicity, they argue.

Will County State's Attorney Jim Glasgow says it's too early to make that decision, since the jury hasn't been picked.

After hearing arguments from both sides Friday, Will County Judge Stephen White decided to take the matter under advisement.

White called 240 potential jurors to the courthouse Friday and began interviewing them in groups of 60.

Article:
http://www.suntimes.com/news/peterson/1717895,CST-NWS-drew15.article

 

[Angel Who Cares]

Drew Peterson Jurors: Jury Selection Starts, Drew Peterson Trial
Monday, August 17th, 2009 at 1:19 am
<snipped>
Kathleen Savio&#8217;s body was exhumed in November 2007 and a new autopsy was performed. The results of that autopsy have not been released to the public, Illinois State&#8217;s Attorney James Glasgow told the press that the death appeared to have been a homicide staged to look like an accident. In addition, Stacy Peterson&#8217;s Priest reported that she had told him she had provided Peterson&#8217;s alibi for the night of Kathleen Salvio&#8217;s death and that she was fearful for her own life at the hands of Drew Peterson.

Peterson has requested that the trial be moved out of Will County, Illinois because of pretrial publicity. In spite of that, the judge in his case has started jury selection in the trial. Judge Stephen White is having 240 people fill out a questionnaire as the first step in jury selection. White has stated that he is proceeding as if the trial will be held in Will County until a decision is made to do otherwise.

As jury selection starts, the Drew Peterson jurors will be ready when and if the Drew Peterson trial begins in that county.

No trial date has been set.

VIDEO: Drew Peterson Walks Off Fox Interview
[ame="http://www.dailymotion.com/video/x45zbi_drew-peterson-walks-off-fox-intervi_news"]Dailymotion - drew peterson Walks off fox interview - a News & Politics video@@AMEPARAM@@http://www.dailymotion.com/swf/x45zbi_drew@@AMEPARAM@@x45zbi_drew[/ame]

FindLaw : Peterson Indictment
[ame="http://www.slideshare.net/LegalDocs/findlaw-peterson-indictment"]FindLaw : Peterson Indictment[/ame]

Article:
http://law.rightpundits.com/?p=724