July 8, 2010
Posted: 03:54 PM ET
Joliet, IL – Drew Peterson will remain in jail while Will County State’s Attorney James Glasgow appeals a ruling excluding certain hearsay evidence from the murder trial.
Judge Stephen White found that the court had sufficient reason to keep Peterson in jail.
Glasgow asked the judge to rely on evidence presented at a month-long hearing earlier this year, as well as findings that he made after the hearing. Those findings are under seal. Glasgow said that “in the interest of justice, bond should remain at $20 million.”
Joe “The Shark” Lopez, known for his zealous representation of mob clients in Chicago, argued that the State failed to list any compelling reason why Peterson should not be released. Lopez said that continuing to jail Peterson without a trial date is punishment and that pretrial detention as punishment is unconstitutional. With no trial date on the calendar, Lopez said Peterson is being denied the right to a speedy trial.
In denying the defense’s request for Peterson’s release, the judge did not state in open court what his reasons were. He noted that a trial is at least six to nine months away, but the defense attorneys later opined that it could be up to two years away and that appeals could take this case to the United States Supreme Court.
The defense plans to appeal today’s decision.
Glasgow informed White yesterday that his office was not prepared to begin the first-degree murder trial, set for jury selection today. Based on an Illinois Supreme Court decision issued two weeks ago, the State believes it has a reasonable chance to use some of the hearsay evidence White previously excluded. The hearsay involves Peterson’s third wife, Kathleen Savio, and his missing fourth wife, Stacy. Peterson is charged with murder in Savio’s death and accused of staging it to look like an accidental drowning. He remains a suspect in Stacy’s disappearance.
Peterson, dressed in a taupe suit, yellow shirt and tie, entered the courtroom shackled at his wrists and ankles, with a chain connecting them. He sat with four attorneys listening intently to the arguments and did not display any emotion as the judge denied his release. Outside the courthouse, his attorney, Joel Brodsky, said that Peterson was “hopefully optimistic but didn’t count on [his release] …he’s OK.”
-Beth Karas, In Session Correspondent
From around the web
This is your online home for In Session on truTV’s up-to-the minute, comprehensive coverage of legal issues, trials and news from America’s courtrooms. Our anchors, analysts and producers are teaming up here to give you updates on the stories that matter to you.
Be sure to tune in to In Session on truTV from 9 a.m. – 3 p.m. ET.
The #YellowDogProject, a sign for pets in a doggone bad mood http://t.co/WE1XNF05 via @LilThunderLiz @louisianabrown
Watch Nicki Minaj go off on Mariah Carey. How #awkward will the next set of auditions be? http://t.co/1QbJiHDs
RT @DarrenKavinoky: RT @DarrenKavinoky: Getting ready to dig into the toxicology issues in the #MillionaireDUI Case. Join us at @InSession on @truTV!