SWIMMING with the SHARK Insight from Drew Peterson Defense Lawyer Joseph R
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SWIMMING WITH THE SHARK Insight from Drew Peterson defense lawyer Joseph R. Lopez Day Eight: Savio's boyfriend on the stand By Chicago Sun-Times on August 10, 2012 8:35 PM | No Comments | No TrackBacks BY JOSEPH R. LOPEZ Today we began with the testimony of Steve Maniaci. He told the jurors he knew Kathy Savio since they worked together in 1984. He saw her again at a company reunion and she was with Drew. In 2001 he learned through a mutual friend that Kathy would be attending a Christmas party. He and Kathy both talked at the party and he was told she was getting a divorce. The began social dating for a few months because he did not want to get serious because he did not know if she and Drew were going to reconcile. He told the jurors about their relationship from 2002 until 2004. He was able to tell the jury what he and Kathy had done the Friday before her death. They went out for dinner and drinks and he was so intoxicated, Kathy had to drive home. Later that evening they had sex. After sex they went to bed and the next day they went out for hamburgers because he had a hangover. He left Saturday morning and later talked to Kathy to make plans about the evening. Steve wanted Kathy to come over and study and watch a movie. She wanted him to come over. He went home to take a shower and went to bed. Kathy called around midnight and they had an argument over marriage and she hung up. He did not call her on Sunday and she did not call him. On Monday, he went out with his friends for drinks and tried to contact Kathy but to no avail. Later, a neighbor, Mary Pontarelli, called him and asked if Kathy was with him. She called back and said they were going into the house he drove over to her house and on the way was told Kathy was dead. When he got there, he asked Drew what happened and Drew said he didn't know. He said to Drew, "This worked out for you." To which Drew replied, she was not going to win in the divorce anyway. On cross examination he stated Kathy took Zoloft and had complained of chest pains. He told the jury that he and Kathy spent many weekends together at their respective residences. He said Kathy liked tea and juice and sometimes they would have breakfast in bed at Kathy's house. Kathy could be feisty and sometimes could be difficult. He said due to her school schedule and pending distribution of property she was a "basketcase" that weekend. He detailed their lovemaking and showed jurors on a plat where they made love. He told the jury Kathy would complain that she bruised easily. He said she may have had some bruises from sex. He was consistent with his direct. Susan Doman testified next. She repeated the same theme, that Drew held a knife to her sister's neck and said "I can kill you and make it look like an accident." She asked Drew if he killed her sister and he said I would not kill the mother of my children. Drew told her they had to wait until the coroner's inquest to determine the cause of death. When she found out the coroner ruled it an accident, she called Drew and he was happy. During my cross-examination, Doman admitted she had a movie deal which would allow the story to be told in a positive manner and that it would be colorful. It also could be fictional and cast in a positive manner. She would receive 1/3 of the net profits. I put the contract up on the screen. I went line by line through the agreement. I also confronted her with her grand jury statement in which she agreed Drew said he could kill Kathy and make it look like an accident rather than he was going to kill her. According to court observers, the jury was very interested in the movie contract she signed. Next up was Susan McCauley. She was a bartender who saw Drew after Kathy's death was ruled an accident. Drew looked happy and she said to Drew he was lucky and had a horseshoe in his posterior. Steve Greenberg cross-examined her and she admitted that both she and Drew were joking with each other. Next up was Dominick DeFrancesco, the brother of Mary Pontarelli. The Saturday before Kathy was found dead, he saw her bedroom light was on at 2 a.m. Ralph Meczyk cross-examined him and noted that the witness did not give them information about what he observed. SWIMMING WITH THE SHARK Insight from Drew Peterson defense lawyer Joseph R. Lopez Day 7: Scared to walk to car, but never called security By Chicago Sun-Times on August 9, 2012 11:01 PM | No Comments | No TrackBacks The day kicked off with more legal haggling with various motions. More objections to evidence. The judge denied the motions. Mary Parks was next. She testified she was in classes with Kathy Savio. She saw marks on her neck she said Drew gave her in the Fall of 2003. She also said she felt that Drew would kill her and make it look like an accident. On cross, she was impeached with her prior inconsistent statements. She was shown police reports which did not contain the statements. She attributed a conversation she had with Kathy about the printing business which Kathy and Drew owned. But it was pointed out that the business was sold in 1999. She and Drew split it 50/50. She was fighting over mutual business, the printing business. She also testified that Kathy was afraid to walk to her car. But when asked if she or Kathy ever requested campus security to escort Kathy to her car, she said "no." On redirect, she was consistent with her direct but on cross she said she did not attend the funeral because her class schedule was more important More legal haggling over the next witness, Doctor Blum. An issue arose in which the parties could not reach an agreement so the jury was dismissed. The judge then took up arguments on motions. The first motion was to bar Kathy's divorce attorney to testify what was at stake in the divorce. Drew's pension was a big issue but Kathy agreed on October 10, 2003, that she may not be entitled to any portion of the pension. The court then ruled that there was other motive evidence in the record so he barred it. The next motion was to bar a lock pick set which was recovered from his home in 2009. The judge ruled that state has to prove that the lock was picked, and until they can draw a string of circumstances to place Drew at the scene and produce some evidence the lock was picked they will not be allowed. SWIMMING WITH THE SHARK Insight from Drew Peterson defense lawyer Joseph R. Lopez Day Six: Gasps from the gallery By Chicago Sun-Times on August 8, 2012 9:54 PM | No Comments | No TrackBacks First up Wednesday was the motion argued by Drew Peterson defense team member Lisa Lopez to exclude the testimony of Bolingbrook Police Lt. James Coughlin. He testified that he had told the state's attorney that his previous statement to an FBI agent was false. This statement by Coughlin was not disclosed by the state to the defense. During arguments it was demonstrated that there was only one court date during the month of February 2004 and that the judge signed a court order continuing the case until April 6, 2004. The court order stated that Drew, Kathy and her lawyer were not present. Based on the official court order, it was obvious that the testimony of Lt. Coughlin was suspect and probably false, regarding when he saw Drew in divorce court. The judge did not grant the motion but admonished the state again, telling prosecutors that the defense could call the FBI agent to the stand to prove his report contained an accurate statement of what Coughlin told him during the interview. The judge also remarked that he was hesitant in striking the testimony due to the cross-examination by the defense in which the court order and the FBI agent's report came to light -- which damaged the credibility of Coughlin. Next up was Illinois State Police investigator Patrick Collins who told the jury he talked to Drew after the discovery of his ex-wife's remains. Collins described his interview with Stacy, and Drew was present. He also testified that the interview took place at the Bolingbrook police station. This contradicted his testimony at the grand jury, where he said the interview took place at Drew's home. He told the jury that Drew gave him a detailed account of his whereabouts for the entire weekend. Also, Collins asked Drew questions about the divorce, but Collins did not follow up with any of Kathy's family members. Collins' account of the investigation included how he walked through the house and blamed Sgt. Deel for any mistakes he may have made. No signs of illicit entry were found. Collins also stated the state's attorney closed the case, and he did not disagree with that action. The defense presented arguments regarding future hearsay statements which were ruled by a previous judge to be unreliable and not admissible.