Re: Kathleen Savio -- Found Deceased 3/1/04

by Snaz on Mon Feb 08, 2010 11:02 am

Drew Peterson Hearsay Hearings – Day 12: ISP trooper on stand

February 4, 2010

Over 44 witnesses have testified already in the hearing to decide what hearsay testimony may be admitted to the murder trial of Drew Peterson. Who will testify today?

We’ll be updating throughout the day as we get information. Please make sure to check out the comments thread for the latest!

While we wait for updates why not take a look at the actual “Hearsay Law” and the motions and replies that have been filed regarding its significance to this case?

Some people over-simplify or are just mistaken about what the act allows and then react in a panic over the sixth amendment and the right to confront. In reality the law applies only to a very specific kind of testimony.

It’s not the lightest reading, but if you want to understand why these hearings are so important and how certain statements may or may not be allowed in Drew Peterson’s trial, you owe it to yourself to dive in!

You may read about the "Hearsay Law" here:
http://petersonstory.wordpress.com/2010/02/04/drew-peterson-hearsay-hearings-day-12/

by Snaz on Mon Feb 08, 2010 11:04 am

Drew Peterson Hearsay Hearing – Day 13: Classmate and Pathologist on the stand

February 5, 2010

http://petersonstory.wordpress.com/2010/02/05/drew-peterson-hearsay-hearing-day-13/

by Snaz on Mon Feb 08, 2010 11:10 am

Pathologist: Kathleen Savio was a victim of murder

February 5, 2010

By JOE HOSEY

JOLIET — The forensic pathologist who determined Kathleen Savio was slain spoke publicly for the first time aout the autopsy performed on her exhumed body.

Dr. Larry Blum testified Thursday that a laceration to Savio’s head and the bruises and scrapes on her body could not have been caused by an accidental fall in her bathtub, as state police concluded after investigating her March 2004 death.

Blum was on the witness stand for most of the 13th day of the pivotal hearing to determine what hearsay evidence will be allowed at Drew Peterson’s upcoming murder trial.

Peterson is charged with drowning Savio, who was his third wife, even though the police maintained for three and a half years that she died accidentally. State police changed their tune after Peterson’s fourth wife, Stacy Peterson, vanished.

Peterson faces no charges in connection with Stacy’s disappearance, but prosecutors are trying at the hearsay hearing to prove he killed her to keep her to keep her from testifying against him.

Proving that will allow some second-hand statements to be used in court during the Savio murder trial, per a relatively new Illinois law.

New autopsies

Soon after Stacy vanished in October 2007, Savio’s grave was dug up in Hillside’s Queen of Heaven Cemetery was dug up. At the request of police, Blum performed a new autopsy on her badly decomposed remains. for police

At the request of Savio’s family, celebrity medical examiner Michael Baden also conducted an autopsy, parts of which were broadcast on Fox News Channel without showing Savio’s body.

Both Blum and Baden determined Savio was the victim of a homicide.

One of Peterson’s attorneys, Joel Brodsky tried for hours without success to get Blum to concede that Savio’s death might have been a suicide or an accident. He also pieced together various speculative scenarios, such as Savio slipping on a bar of soap, striking her head and drowning.

“The ugly facts of the injuries destroy that beautiful theory,” Blum said.

Blum also pointed out that there was no sign of blood or hair on the walls or tub, which led him to believe Savio’s head had been struck by something else.

Blum’s findings did not differ greatly with those of the first autopsy, performed just after Savio’s death by forensic pathologist Bryan Mitchell, but Blum did say he gathered more samples and performed additional tests, including one to tell whether Savio was sexually assaulted.

Mitchell did not perform this test because he was told “it wasn’t foul play,” Blum said.

“The state didn’t want to do it,” he said. “I would have liked to have seen him do one.”

It turned out Savio had not been sexually assaulted.

Blum said he visited the death scene, which was something else Mitchell did not do, and even climbed into the bathtub.

“I wanted to get a feel for the size of it and I wanted to put myself in her position,” he explained.

Cops not ‘on her side’

Before Blum took the stand, a friend and classmate of Savio’s from the Joliet Junior College nursing program testified about threats Peterson allegedly made to his third wife.

“More than once she told me he could kill her and no one would know and no one would find out,” said the friend, Mary Parks of Joliet.

Savio believed Peterson was stalking her, Parks said, and she showed her red marks on her neck she claimed Peterson put there when he pinned her down with his hands.

Parks said she urged Savio to call the police but Savio did not see the point.

“She felt that the police weren’t on her side or interested in hearing her side,” Parks said. “She thought it would just make it worse.”

http://petersonstory.wordpress.com/2010/02/05/pathologist-kathleen-savio-was-a-victim-of-murder/#more-4779

by Snaz on Tue Feb 09, 2010 1:34 pm

Drew Peterson Hearsay Hearings – Day 14: Divorce lawyer testifies

February 8, 2010

Hearings in the Drew Peterson murder case continued today.

Attorney Harry C. Smith, one-time divorce attorney for Kathleen Savio; also contacted by Stacy Peterson shortly before her disappearance, took the stand today.

Smith testified that Kathleen asked him to go to police in the event that she died and to tell them that Drew had killed her. He stated that he did contact them after her death but the person he talked to “was not prepared for that kind of conversation”.

He also said that shortly before Stacy went missing, she met with him and asked, “Can we get more money out of Drew if we threatened to tell police how he killed Kathy?”

Drew Peterson’s one-time friend, Ric Mims also testified.

http://petersonstory.wordpress.com/2010/02/08/drew-peterson-hearsay-hearings-day-14/

by awaiting justice on Tue Feb 09, 2010 2:30 pm

Wow... This is the first I heard that Kathy told her divorce lawyer about her fears..I must have missed that sonewhere along thwe way... Of course this is huge and I cant see how any court in the US could hear aboput this poor womens effort to speak for her incase something happens.. Its so sad that in all the advice she had to to try and prevent it from happening, her suspicions that no one was on her side really has been proven..... till now...

I wonder if Drew P had have been less arrogant, and chose not to take Stacy's life too, wud he have ever had to deal with what he did to Kathy...??

Maybe thru this experience, and the fact that Stacys kids will age and mature, that ALL his children will take a different stand. If so, I pray that their potential pressure will help Drew do the right thing for the first time in his life and speak the truth about Stacy...

In Spite of all his arrogance and sick mind, I do think that he does live his kids as much as he can love (if that is the right word) ..anything or anyone...

by Estee on Tue Feb 09, 2010 4:01 pm

I think he used his kids as leverage and no doubt wanted to take them from Kathy as he was unhappy with the divorce settlement and child support issues...$$$ is the root of all evil and Drew is most definately EVIL (IMO)...He knew Stacy was on the verge of asking him to leave and he was embarassed about getting another divorce and having to deal with the $$$ issues and child support agreements again...He uas unsure if she would spill the beans about Kathy's murder...He knew the only way to secure her silence was to silence her...I hope and pray that the majority of this heresay evidence is allowed in this case to give both Kathleen and Stacy a voice...

by Estee on Fri Feb 12, 2010 10:03 am

Has anyone heard anything recently about the hearings??? Last I heard Peterson's atty was to call 20 witnesses to debunk the Pros witnesses statements...Here we go with the lies...well I should say mistruths or twisted truths....can't wait to hear the rubbish...

by Snaz on Fri Feb 12, 2010 12:10 pm

Drew Peterson Hearsay Hearings – Day 15: Would-be hitman, accountant, and Peterson’s second wife testify
Dozens More Witnesses Set to Testify at Drew Hearing
Defense will call 20 witnesses later this week

February 9, 2010

The parade of witnesses who have been telling a Joliet judge about Drew Peterson’s murderous intentions keeps on coming.

Attorneys say more than two dozen witnesses are yet to be called in the hearing to determine what hearsay evidence will be allowed when Drew Peterson stands trial in the 2004 slaying of his third wife Kathleen Savio.

Add that to the nearly 60 witnesses who have been called already and the Joliet court is in store for a gore overload.

A spokesman for the Will County States attorney said the tales should be done by Wednesday.

The Drama of Drew

Defense attorneys say they expect to call 20 witnesses of their own, meaning the hearing is expected to go into next week.

http://petersonstory.wordpress.com/2010/02/09/drew-peterson-hearsay-hearings-day-15/

by Snaz on Fri Feb 12, 2010 12:13 pm

Drew Peterson Hearsay Hearings – Day 16
Ex-Ill. cop’s hearing feels like real murder trial

February 10, 2010
By DON BABWIN (AP)

JOLIET, Ill. — Family members, investigators, clergy and even a psychic have spent weeks testifying in a northern Illinois courtroom — and Drew Peterson’s murder trial hasn’t even started.

Initially billed as a preliminary step in the case, an extraordinary hearing to determine what hearsay, or second-hand, evidence jurors will be allowed to hear during Peterson’s trial in his third wife’s death has turned into a sort of legal dress rehearsal.

The testimony has exposed serious flaws in the police investigation of Kathleen Savio’s death, Peterson’s deteriorating relationship with his missing fourth wife and perhaps most important: a possible motive.

But none of it may matter if the judge doesn’t allow at least some of the witnesses to testify during the real thing.

“If they don’t get the hearsay stuff in, then they don’t have a shot at this case,” said Terry Sullivan, a Chicago attorney and former prosecutor.

Peterson, a brazen former police sergeant, has pleaded not guilty to first-degree murder in Savio’s death. He is the only named suspect in the October 2007 disappearance of his fourth wife, Stacy Peterson, but has not been charged in that case. It was after she went missing that investigators exhumed Savio’s body and determined her death was a homicide.

More than 60 prosecution witnesses have testified during the past 3 1/2 weeks. Defense attorneys plan to call about 20 witnesses to contradict statements made by people who said the two women feared Peterson.

“As long as they’re there, it would be tough not to put in evidence that would contradict” the prosecution, said Mark Geragos, a defense attorney who is not involved in the Peterson case but has represented many high-profile clients — including Scott Peterson, the California man convicted of killing his pregnant wife, Laci.

The hearing is the result of a new Illinois law that allows a judge to admit hearsay evidence — statements not based on a witness’ direct knowledge — if prosecutors can prove a defendant may have killed a witness in order to prevent him or her from testifying. The law was so closely linked to the Peterson case that some have dubbed it “Drew’s law.”

Prosecutors, with little physical evidence on which to base their case against Peterson, may have to rely heavily on statements that Savio and Stacy Peterson allegedly made to others. The testimony has included claims that Drew Peterson was furious Savio might get a large portion of his pension, and that Stacy Peterson suggested she could threaten to tell police that Drew Peterson killed Savio to extort money from him to keep quiet.

The hearing has at times moved into areas that have little to do with hearsay. A state police investigator said he quickly decided Savio’s death was an accident after her body was found in a bath tub in 2004, so he collected no forensic evidence and didn’t even secure the scene. The pathologist who conducted the post-exhumation autopsy on Savio’s body three years later testified that bruises and the position of her body indicated she was killed after struggling with an attacker.

The mix of those witnesses is part of a broader strategy to make the second-hand evidence more plausible and persuade the judge to allow as much as possible at trial, Sullivan said.

That’s likely why much of the hearsay evidence has focused on Stacy Peterson. A minister who said she was afraid of her husband testified that she told him Drew Peterson was wearing black and carrying a bag of women’s clothes the night before Savio’s body was found. Drew Peterson’s stepbrother said he helped Peterson move a blue barrel out of his house and suspected it contained Stacy Peterson’s remains.

Dozens of other witnesses provided small pieces of what prosecutors contend is a puzzle that will help jurors believe Peterson could have killed Savio.

Drew Peterson’s attorneys, meanwhile, have asked about medication Savio was taking and pointed to a doctor’s report that said Savio complained of dizziness. And while under no obligation to call witnesses in the hearing, they have now decided to do so.

Neither side wants to leave anything to chance, Geragos said.

Prosecutors “want to make sure that when they put evidence in … that there’s nothing that comes back to bite them,” he said.

Attorneys also anticipate challenges to the state’s hearsay law, perhaps to the U.S. Supreme Court.

“It’s a perfect storm for both sides to have to deal with it,” Geragos said.

Associated Press Writer Karen Hawkins contributed to this report.

http://petersonstory.wordpress.com/2010/02/10/drew-peterson-hearsay-hearings-day-16/#more-4846

by Snaz on Fri Feb 12, 2010 12:18 pm

Drew Peterson Hearsay Hearings Resume 2/17

February 11, 2010

A recap of some of the points that were discussed during testimony in the Drew Peterson hearsay proceedings. In the meantime, there will be a week delay before the defense is expected to present their witnesses, reported to be anywhere from twenty down to one, and then closing arguments.

***************

State police investigator says no evidence gathered at Savio death scene

Illinois trooper describes Drew Peterson investigation

Kathleen Savio kept knife under bed for protection from Drew: testimony

Savio Was Murdered: Pathologist; Peterson’s ex-wife didn’t die in fall

Former prosecutor: Never got Kathleen Savio letter

Savio’s doctor testifies at Drew Peterson hearing; nothing in Savio’s medical records that indicated she was prone to falling

Sister: Drew Peterson’s 4th wife feared for life

Savio’s beau says he immediately suspected her ex

Savio’s Attorney testifies in Drew Peterson hearing

Witness says he was asked to kill Drew Peterson’s third wife

Peterson’s 2nd wife says he threatened to kill her

http://petersonstory.wordpress.com/2010/02/11/drew-peterson-hearsay-hearings-resume-217/

by Estee on Fri Feb 12, 2010 12:27 pm

Thanks Snaz...You're the greatest!!!

by Snaz on Fri Feb 12, 2010 12:56 pm

You're welcome, Estee..... I think you and I are the only two who are interested much in this case..... Very Happy

by Justice4all on Fri Feb 12, 2010 3:39 pm

I'm interested too, but I don't have much to add about this case. I hope all of the hearsay testimony is allowed into the trial. It's pretty obvious that Drew killed Kathleen and Stacy.

by Snaz on Fri Feb 12, 2010 4:23 pm

J4A, I'm hoping the judge will allow most of the hearsay testimony, too. I have never thought it was quite right when a person TELLS someone of their fears/experiences or WRITES their fears/experiences in a letter, and it isn't allowed in because it is considered hearsay. Obviously it has to be considered carefully to make sure others aren't just lying, but how else is a person supposed to tell their story when they have been murdered? It is their only way to testify...... I find when a person 'speaks from the grave" to be very valuable testimony....

I actually think this judge WILL allow at least some of the hearsay testimony in. After all, it is law in Illinois now that hearsay can be brought into trial.

JMO, of course.

by awaiting justice on Fri Feb 12, 2010 4:28 pm

Oh, Im really interested too... thanks for the updates...
I may be guilty of beling a little "dependant" lol...

I cant see how the judge will not excercise the brand new law, that allows hearsay...

It was written, just for this case!!!

by Snaz on Fri Feb 12, 2010 4:36 pm

AJ, I am happy to provide the updates.... I just was not sure anyone (other than Estee and me) was interested.

I think this could be a real precedent setting case....

dancing

by Piper on Sat Feb 13, 2010 11:40 am

I agree Snaz. I feel that if numerous people come forward after a person has died, and they have written notes from the deceased, of course it should be permitted in court. You can't just turn your head and look away. Thanks for all of the updates, Snaz!

by Snaz on Mon Feb 15, 2010 8:35 pm

Kathleen Savio was a kind, fun-loving person

February 15, 2010

Letter to the Editor

Published: 2/15/2010 12:09 AM

Last summer I saw someone interview Drew Peterson on television. During the interview, Peterson stated that Kathy Savio was a “hellcat.” I once dated Kathy Savio. We went to the same high school in Hillside. I do not ever remember her being a “hellcat.” She was a beautiful, fun-loving person. She enjoyed being around people. She was energetic, kind and loved attention. Everyone liked being around her. Maybe she turned into a “hellcat” because she found herself running for her very life. How many times did she contact the Bolingbrook Police Department screaming for help? Was it at least 14 times? Someone correct me if I’m wrong. Kathy received no help. Again, correct me if I’m wrong. Peterson, in shackles, looked as if it was funny when he was being escorted to jail. Everyone who was watching saw that dopey look on his face as he boasted about having three square meals a day. What person in his right mind would have a stupid-looking grin on his face when going to jail, arrested on suspicion of murder? I can’t find anyone who believes any words he has spoken. Personally, I think he is a gutless coward. Come Judgment Day, the Lord Jesus will avenge Kathleen’s death. Whoever murdered her, whoever the spineless jellyfish is will be punished for all eternity. And then there’s Peterson, who constantly feeds on negative attention with the media. Hang it up, dude, nobody believes you.

Scott Karel, Elgin

http://petersonstory.wordpress.com/2010/02/15/savio-was-a-kind-fun-loving-person/

by Justice4all on Mon Feb 15, 2010 9:57 pm

I think this letter pretty much said what a lot of us are thinking. You can count me in as somebody who doesn't believe a word that Drew is saying.

by Snaz on Wed Feb 17, 2010 8:27 pm

Drew Peterson Hearsay Hearings: Day 17 – Walter Martineck and pathologist expected to testify for defense
Friend of Drew’s stepbrother to testify

February 17, 2010
By JOE HOSEY

JOLIET — The hearsay hearing set to start back up today will likely feature the testimony of a man who says Drew Peterson’s stepbrother shared details of covering up a murder.

Walter Martineck, the neighbor and long-time friend of Peterson’s stepbrother, Thomas Morphey, was subpoenaed by the defense to testify at this morning’s session of the ongoing hearsay hearing, two sources said Tuesday.

Martineck has already publicly told of Morphey showing up at his door and spilling a story of helping Peterson carry a blue barrel downstairs to Peterson’s waiting sport utility vehicle.

Morphey, who testified on Day 2 of what is now a 17-day hearing, went into great detail about helping Peterson allegedly move the body of his fourth wife, Stacy Peterson.

One of Peterson’s attorneys, George Lenard, tried to cast doubt on Morphey’s tale by pointing out that his account differed from the one Martineck gave police.

Lenard said Martineck told police that Morphey helped carry a square container down the stairs of Peterson’s house and to the SUV. Morphey was adamant that he and Peterson carried a blue barrel.

Morphey was the only source of all of Martineck’s information about Morphey supposedly helping Peterson carry a barrel containing Stacy’s body down the stairs and to the truck.

Peterson faces a murder charge for allegedly drowning his third wife, Kathleen Savio. During the hearsay hearing, prosecutors are trying to prove he also killed fourth wife Stacy to keep her from testifying against him.

The state called 68 witnesses ranging from a minister to a mistress in hopes of getting 15 hearsay statements against Peterson allowed at his murder trial. Peterson’s attorneys have about 20 witnesses on tap, but may call one or possibly none if they can hammer out a written deal with prosecutors about what their testimony would entail if they took the stand.

That lone defense witness to actually appear might end up being Martineck. When contacted Tuesday, Martineck would neither confirm nor deny if he was subpoenaed by the defense to testify today.

Joel Brodsky, the longest serving of Peterson’s four attorneys, whose role in the case appears to have shrunk as the hearing progresses, failed to return calls for comment on whether Martineck would testify today. Charles B. Pelkie, the spokesman for the state’s attorney’s office, declined to comment.

The hearing is expected to conclude this afternoon with both the state and Peterson’s defense team expected to present their closing arguments.

http://petersonstory.wordpress.com/2010/02/17/drew-peterson-hearsay-hearings-day-17-walter-martineck-on-the-stand/