Judge: Peterson tapes 'extensive'
Attorney questions secret recordings
http://www.suburbanchicagonews.com/napervillesun/news/1173174,6_1_NA19_PETERSON_S1.article September 19, 2008
By JOE HOSEY The Herald News
Drew Peterson's attorney was smacked with a heavy revelation during a Thursday hearing for the embattled ex-cop's felony gun case.
Attorney Joel Brodsky called into question whether the state actually possessed recordings of overhears performed on his client, and learned from Judge Richard Schoenstedt that not only do they exist, but they are "extensive."
"Mr. Brodsky, you need to know that all these tapes, CDs DVDs, I have them," Schoenstedt said.
The judge explained he must review the recordings to see which are relevant to the gun case facing Peterson without jeopardizing any other ongoing police investigations.
State police are looking into the Oct. 28 disappearance of Peterson's fourth wife, Stacy Peterson. They have called the case a "potential homicide" and named Peterson their sole suspect.
State police also are investigating the March 2004 apparent bathtub drowning of Peterson's third wife, Kathleen Savio. They first found nothing suspicious about Savio's death, but are getting another crack at it following the disappearance of Stacy.
Two former friends of Peterson, Len Wawczak and Paula Stark, came forward in July to say they wore wires at the behest of the state police and recorded Peterson making incriminating statements about his involvement in one wife's disappearance and the other's death.
Following the hearing, Brodsky conceded he was surprised by Schoenstedt's revelation but insisted he was not concerned.
Peterson faces no criminal charges in connection with the fate of either wife, but was arrested in May for allegedly possessing an assault weapon with a barrel shorter than the state-mandated length. Peterson's attorney, Joel Brodsky contended Peterson carried the weapon as part of his duties with the Bolingbrook Police Department's SWAT team, and had permission to possess it.
During the same Thursday hearing on the gun charge, Brodsky succeeded in thwarting prosecutors' efforts to shut him up.
Assistant State's Attorney Greg DeBord moved to impose a gag order on those involved in the case to prevent them from speaking to the media.
"This case is a court case and should be argued in court and not in the press," DeBord said. He also pointed out public statements might prejudice potential jurors.
Another of Peterson's attorneys, Andrew Abood, wrapped himself in the First Amendment and stressed the need of a free press.
"I think it's important that the press has a role in these public proceedings," Abood said.
Schoenstedt apparently agreed, as he denied the motion.
The judge must have some concerns about finding an impartial jury, however, as he said he planned to call nearly triple the pool of the 35 potential jurors he usually summons. Peterson's attorneys also submitted a draft of a juror questionnaire and prosecutors are to draw up their own.
Brodsky also tried to have Schoenstedt eliminate Peterson's son, Stephen Peterson, as a potential witness in the gun case.
Brodsky and Abood said Stephen Peterson would invoke his right not to incriminate himself and refuse to testify if prosecutors called him as a witness.
Sun-Times News Group