Drew Peterson's Trial *FIFTH WEEK* part one

[~n/t~]

In Session The judge is back on the bench (no jury). Prosecutor Colleen Griffin makes a motion regarding the testimony of proposed defense witness Harry Smith (Kathleen Savio’s divorce attorney). The defense is hoping to call Smith to impeach Savio’s credibility. Griffin: “It’s the State’s position that Your Honor ruled in our favor regarding the attorney/client privilege.” She argues that “the defendant doesn’t get to benefit from the fact that he made the witness unavailable . . . it is a one-way street . . . if Harry Smith’s going to get up here and say Kathleen Savio told him she lied under oath, that would be hearsay . . . that wouldn’t be impeachment of anything . . . whatever the statement is, it was part of the attorney/client privilege, and that was not waived by Kathleen Savio; it continues past her death.”

 

[~n/t~]

Stacy St. Clair ‏@StacyStClair
#drewpeterson prosecutor says it would be unfair to discredit Savio with hearsay testimony because she can't defend herself in court.

 

[~n/t~]

In Session Griffin continues, cites case law that she believes supports the State’s position. “The defendant made this witness unavailable . . . through his malfeasance, through his own acts . . . to impeach a witness on behalf of a defendant who made her unavailable . . . we would ask this Court not to break the attorney/client privilege.”

 

[Livingthedream]

So DP has to discredit two of his wives (past and present), a pastor and a hit man. Good luck with that. And then convince the jury that DP was a upright citizen who was just trying to do the right thing. Right!

This post, LambChop, was a thing of beauty. Not only that, they will try and convince the jury that DP is just a very, very unlucky man. I mean, 3rd wife dead and 4th wife runs off with another man after telling DP she wants out?

Keep in mind that SP told DP to leave the house. She had every intention on staying with her kids. Oh, wait, he is just unlucky.

 

[~n/t~]

In Session Defense attorney Brodsky responds, says that the point of impeaching Savio is to ensure that the defendant is not “convicted by a lie . . . they haven’t cited one case – not one – that talks about a limited wavier . . . the July 5th incident was something she didn’t complain about until she was served; she was very angry . . . the interplay between these two is great.” Brodsky then cites case law in support of his argument.

 

[~n/t~]

The Herald-News ‏@Joliet_HN
Brodsky: Our defense here is that Ms. Savio is not credible.




This is what we will faced with and have to endure in the upcoming days of the defense's case. :furious:

 

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In Session Brodsky: “Our defense here is that Ms. Savio is not credible . . . there are multiple instances here of Ms. Savio fabricating; this is just another one . . . this flies in the face of the defendant’s right to get a fair trial . . . somebody whose hearsay is admitted can only be impeached through additional hearsay.” Griffin: “This Court specifically found there were four privileged conversations, and that three would remain privileged . . . again, we would ask the Court grant out motion.”

 

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Stacy St. Clair ‏@StacyStClair
#drewpeterson judge says defense cannot call Harry Smith to discredit Savio with he perjury testimony.

The Herald-News ‏@Joliet_HN
Burmila: Defense will not be able to use Harry Smith to testify about Savio's perjury #DrewPeterson

 

[~n/t~]

In Session Judge Burmila makes his ruling: “I disagree with [defense] counsel that there can be no partial waiver of the attorney/client privilege . . . what’s determinative of this motion is there is a prohibition in the State of Illinois against specific act impeachment . . . while it’s a close call, I don’t believe that this specific form of impeachment would be appropriate. And the defendant will not be allowed to impeach Kathleen Savio’s testimony by this avenue.” So, apparently, the defense will not be able to use Harry Smith’s testimony to impeach Kathleen Savio.

In Session The judge has left the bench. The trial is in recess until 1:30 CT/2:30 ET.

 

[katydid23]

Stacy St. Clair ‏@StacyStClair
#drewpeterson judge says defense cannot call Harry Smith to discredit Savio with he perjury testimony.

The Herald-News ‏@Joliet_HN
Burmila: Defense will not be able to use Harry Smith to testify about Savio's perjury #DrewPeterson

:floorlaugh: :rocker: :great: :dance: :takeabow:

 

[Kimster]

Stacy St. Clair ‏@StacyStClair
#drewpeterson judge says defense cannot call Harry Smith to discredit Savio with he perjury testimony.

The Herald-News ‏@Joliet_HN
Burmila: Defense will not be able to use Harry Smith to testify about Savio's perjury #DrewPeterson

:yesss:

 

[katydid23]

I am not going to be at the computer much today. I missed all of this morning proceedings. But I am so happy to see how things are going so far.

It's probably just as well that I am not going to be able to sit and listen to the DT's smearing, lies. I don't think my blood pressure can take it.

But today was HUGE. Having the judge read that letter was a major victory, imo. :woohoo:

And keeping Harry Smith off the stand to try and impeach the veracity of that letter is another victory. :great:

 

[Livingthedream]

Can anyone tell me why DP will not be taking the stand in his own defense? I mean, he obviously has nothing to worry about as this was an accident, right? I would want to clear my name if I were him.

 

[Mama-cita]

Now the defense will take off their boxing gloves and start bare fisting it.

Unfortunately IMO they have had their gloves off the whole trial, and they have been hitting below the belt. Now they will attempt to show how truly dirty they are willing to fight with cheap shots unlike those we have seen. That's why I doubled my reflux meds this morning!

 

[Kimster]

Ya think the judge realized Jeff Ruby was right? :giggle:

 

[-MD-]

Wow this judge is totally different after the weekend. It's like the recent stuff that got in by the prosecution team might have swayed the judge. Now he's ruling really important stuff the pro teams way : ).

Not looking forward to the defense turn, won't be easy for the famlies affected by Drew, but part of me hopes the defense team continues to sling mud, that will backfire.

^^^ IMO.

 

[~n/t~]

Craig Wall ‏@craigrwall
Defense atty @josharrk says #DrewPeterson would love to testify but they advise not to. Also says Drew is scared to death not cocky



:boohoo:

 

[Mama-cita]

Craig Wall ‏@craigrwall
Defense atty @josharrk says #DrewPeterson would love to testify but they advise not to. Also says Drew is scared to death not cocky



:boohoo:

Oh please, please Drew, don't listen to your lawyers! Please take the stand. You know so much more than any of them! You can talk your way out of anything! Remember you are "untouchable!". Tell your side, please, we beg of you!

ETA: hey joe shark and brodsky, why are you advising him against testifying if it was "just an accident?"

 

[katydid23]

Craig Wall ‏@craigrwall
Defense atty @josharrk says #DrewPeterson would love to testify but they advise not to. Also says Drew is scared to death not cocky



:boohoo:

I bet NOW he is scared to death. After he sat there and listened to the JUDGE reading Kathleen's letter to the jury. :jail:

 

[Kimster]

Drew is SCARED?

:silly:

Do they really think we are going to buy that?