Drew Peterson appeals reopening of 3rd wife's estate
http://www.chicagotribune.com/news/local/chi-peterson-oral-arguments-28-web-jan28,0,6427427.storyOpening Kathleen Savio's estate would make it possible to file wrongful-death suit against ex-Bolingbrook cop
By Erika Slife | Tribune reporter
January 28, 2009
OTTAWA, Ill. — Attorneys for former Bolingbrook Police Sgt. Drew Peterson argued before an Appellate Court Tuesday that the estate of his third wife, Kathleen Savio, never should have been reopened despite a new autopsy that indicated her 2004 death was a homicide.
"The only way an estate can be opened is a newly discovered asset," Peterson's attorney, Joel Brodsky, told the 3rd District Illinois Appellate Court. "There is nothing new. All we have here is a change in opinion," he said, referring to the ruling on the November 2007 autopsy.
But Savio's attorneys argued that a wrongful-death action is considered a newly discovered asset. Last February, Will County State's Atty. James Glasgow announced that the new autopsy determined Savio had been murdered. Any pain and suffering she experienced during her death should be awarded to her estate, argued attorney Martin Glink.
Savio, 40, was found dead in an empty bathtub in her Bolingbrook home weeks before her divorce settlement with Peterson was to be finalized. After Peterson's fourth wife, Stacy, vanished in October 2007, authorities decided to re-examine the circumstances surrounding Savio's death, which had initially been considered an accident.
Last year, a Will County judge ruled that the finding of the second autopsy was enough reason for Savio's estate to be reopened. The judge replaced Peterson's uncle, James Carroll, as executor of the estate with Savio's father, Henry, and sister, Anna Doman. The ruling gives them the power to file a wrongful-death lawsuit against Peterson, who is the suspect in Stacy's disappearance.
Peterson has not been charged in either case and maintains he is innocent.
The Appellate Court said it would have a ruling "soon."
Afterward, Peterson's legal team said they are optimistic that the court would rule in their favor. If it does not, and Savio's family files a wrongful-death lawsuit, Peterson's lawyers would be given subpoena powers to interview witnesses who have been called before the grand jury investigating the cases.
"We're going to be very aggressive," said attorney Andrew Abood.
Peterson spoke briefly outside the courthouse, making a joke about Fox News' Geraldo Rivera and commenting about embattled Gov. Rod Blagojevich hiring the same public relations firm he's retained.
"Probably a wise decision," Peterson said. "They've done very well for me."
Then he signed autographs for two men in a pickup truck.
eslife@tribune.com