Saturday, September 1, 2012

Surprise Witness Backfires on Drew Peterson's Defense Team

In a strange twist in the Drew Peterson trial his lawyers called Harry Smith, Kathleen Savio's divorce attorney. It is thought that the defense team wanted to show that the two women only wanted Drew's money. But the questioning turned around to go in favor of Kathleen Drew's {third wife} and Stacy Peterson {Drew's fourth wife}. Could this possibly be the testimony that will convict Drew Peterson?

They called Mr. Smith much to the pleas of Drew Peterson's other defense lawyers not to call him. But Joe Brodsky decided to call him. His decision was to rebute Stacy's pastor Neil Schori who gave devastating testimony that Stacy had come to him and tell him that she had lied to the police about Drew Peterson's slaying of Savio. That Drew had told Stacy that he had killed Kathleen. She also wanted to file divorce papers against her husband. Four days later, after this call Stacy disappeared.

This has been a hearsay trial. In fact, they changed the law, that they could use hearsay evidence for this trial. The judge has allowed some hearsay and not other. There has been much evidence thrown out and other evidence never allowed.  The Jury has bits and pieces of knowledge, but there really should have been more evidence included to make a good decision.The Judge warned the defence team sternly if they called Smith the prosecution would be allowed to cross examine and question about the 8 minute conversation.

Before the testimony, in the hall way reports were that Steve Greenberg was calling Brodsky not to call Smith. It was heard by many that Greenberg said "I've filed 74{***} motions to keep him out and now you are going to undo it."

Stacy called him because she wanted to leave the state and take the children with her. He told her that would not be good for her to do that. She also wanted to go to the police to tell them what Drew Peterson had told her, that he had killed Kathleen. This was not expected by Brodsky. He mearly wanted to show the women wanted Drew's money.  Smith also advised Stacy that would not be good as she had concealed that from the police and now that would be extortion to confess it. During this conversation Drew Peterson could be heard in the background. Smith said  what Peterson said "he called her, asked her what she was doing, and who she was talking to."

Smith testified a second time that Stacy told him "Drew Killed Kathleen." Upon this Joseph Lopez called out "Joel" and Brodsky came back to the defense table and dropped the questioning. But it was too late the jury was taking notes a fervently writing what Smith had just said.

A second twist during testimony by the prosecution Smith said Stacy was also concerned because Drew was upset with her because he thought Stacy had told Drew's son Thomas that his father had murdered Savio. Stacy also told Smith she had so much dirt on Drew from his police job Drew wouldn't be able to do anything to her.

Is it anything but surprising  that Stacy disappeared four days later after this call? This was a witness that backfired on the defense team, but is it enough to convict? As a friend of a friend of Stacy's I have been a little bit closer to this case. I have seen the hurt, tears, and desperation these families have suffered. It has been clearly defined by several family members of Kathleen, she went to the police over and over to get help. But none came  She told her sister several days before her death "I don't want to leave, I don't want to die." She said repeatedly Drew was going to kill her. She told her sister He's going to kill me. Just kill me and get it over with. She even told her sister he will make it look like an accident.

I am hoping there will be a resolution on this so these families, and friends can put some of this to rest for Kathleen. But for Stacy there is no healing, no rest because there still is no body to prove her death. I felt the sting in my heart when a few weeks ago Drew said his wife had just gone away. And more sting when he said if she came back he would divorce her.This remains an open sore with no hope in sight for the answers to make closure.  My heart goes out to my friend and both families.




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