Drew Peterson pleads 'not guilty'

Prosecutors seek a new judge, claiming 'bias'

May 18, 2009
BY DAN ROZEK

Chicago Sun-Times Staff Reporter

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As Drew Peterson formally denied drowning third wife Kathleen Savio, prosecutors threw a new wrinkle into the case by asking Monday for a different judge to preside over the former cop’s murder trial.

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The surprise request filed by Will County State’s Attorney James Glasgow during Peterson’s arraignment quickly triggered a dispute with defense attorneys, who objected to removing Judge Richard Schoenstedt from the high-profile case.

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“It’s nothing but gamesmanship,” defense attorney Joel Brodsky said after Peterson's court appearance. "It shows the state doesn't want to try this case on the merits."

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The objection made by Peterson's legal team to removing Schoenstedt prompted Will County Chief Judge Gerald Kinney to schedule a hearing Thursday on the issue.

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Glasgow wouldn't comment on his request to replace Schoenstedt, but in a written motion asked that the judge be removed because of "prejudice against the state."

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Last November, Schoenstedt dismissed felony gun charges against Peterson after prosecutors refused to release internal documents on their communications with Illinois State Police investigators -- documents that helped prompt Peterson's arrest on those charges.

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State law allows prosecutors to seek to replace one judge during trial proceedings because of prejudice, Glasgow noted.

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"We believe we're on solid ground here," Glasgow said in court.

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Brodsky, though, contended such requests by prosecutors are "extremely rare" and are granted only when prosecutors can show a judge is biased against them.

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The dispute over Schoenstedt sidetracked a planned attempt by defense attorneys to reduce Peterson's $20 million bond, which has kept him behind bars since his May 7 arrest for Savio's 2004 bathtub drowning death.

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Peterson, a 55-year-old former Bolingbrook police sergeant, would need to post $2 million to be released from the Will County Adult Detention Facility -- an amount defense attorneys have argued is excessive.

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Brodsky still plans to seek a lower bond for Peterson, whom he said is calmly accepting his jail stay.

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“He’s fine. He’s rolling with the punches,” Brodsky said.

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Peterson nonetheless appeared more subdued Monday than he was during his initial May 8 court appearance, when he joked about his “spiffy” jail uniform and described the handcuffs and leg shackles he wore as “bling.”

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Peterson was silent as he was hustled into and out of the courthouse in downtown Joliet by Will County sheriff’s deputies, and he didn’t peak as Brodsky formally entered not guilty pleas on his behalf to two counts of first-degree murder.

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“We’ll enter a plea of not guilty to both counts,” Brodsky said, as Peterson — clad in a blue jail uniform, wearing handcuffs and shackles —stood next to him in the courtroom.

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A number of Savio’s relatives who were in the courtroom for the arraignment said they were relieved to see Peterson finally facing murder charges in his third wife’s death, which initially was ruled an accident. When she was found drowned in her bathtub on March 1, 2004, the 40-year-old Savio had recently finalized her divorce from Peterson, though they had yet to finish dividing their financial assets.

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“We hope that it’s gonna come out the right way,” said Savio’s father, Henry Savio, adding he believes Peterson is responsible for his daughter’s death.

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The investigation into her death was reopened in 2007 after Peterson’s fourth wife, Stacy Peterson, vanished from the couple’s Bolingbrook home. She remains missing — and authorities have labeled Drew Peterson a suspect in her “potential homicide.”

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Several of Stacy’s relatives were in the courtroom as well, though they left without commenting.
While some Savio relatives said Peterson grinned at them in the packed courtroom, Melissa Doman said Peterson appeared to be more somber than he was during his earlier appearance.

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“The smug smirk is gone,” said Doman, who is one of Savio’s nieces.