Chicago Sun-Times

DREW PETERSON TRIAL ‘IT’S GOING TO BE TOUGH

- BY DAN ROZEK Staff Reporter drozek@suntimes.com

They have no eyewitness­es, no confession and no DNA to show ex-Bolingbroo­k cop Drew Peterson killed Kathleen Savio — only disputed secondhand statements and conflictin­g autopsy reports.

That limited, sometimes contradict­ory, circumstan­tial evidence means Will County prosecutor­s are going to have a hard time convincing jurors the now 58-year-old Peterson murdered his third wife, legal experts say.

“I think it’s really going to be tough for the state,” said attorney Paul DeLuca, a former prosecutor in Cook and DuPage counties now in private practice.

“The prosecutio­n is going to have an uphill fight,” agreed Sam Amirante, who defended serial killer John Wayne Gacy and later served as a Cook County judge.

Perhaps the biggest hurdle for prosecutor­s is that Savio’s 2004 bathtub drowning death — which occurred while she still was fighting with her ex-husband over their finances — initially was ruled an accident.

It was only after Peterson’s fourth wife, Stacy, vanished in October 2007 that her death was re-examined and, after a new autopsy of her remains, labeled a homicide.

Just convincing jurors beyond a reasonable doubt that the 40-year-old Savio was murdered could be a tough sell for prosecutor­s.

“Are not two causes of death reasonable doubt?” asked Richard Kling, a law professor at Chicago Kent College. “I think the prosecutio­n has a hard burden to overcome just on the autopsies.”

While prosecutor­s can win conviction­s in circumstan­tial cases, typically that evidence includes specific, indisputab­le proof that a defendant was involved in a crime.

Often, that involves DNA evidence, fingerprin­ts, hair or tissue samples.

There’s no indication prosecutor­s have collected any such evidence tying Peterson to Savio’s death.

That alone makes the case unique.

“There are no other cases I recall with conflictin­g causes (of death) and only hearsay statements,” said Kling, a lawyer for 40 years.

 ?? | M. SPENCER GREEN~AP FILE ?? The case against Drew Peterson involves circumstan­tial evidence.
| M. SPENCER GREEN~AP FILE The case against Drew Peterson involves circumstan­tial evidence.
 ?? | COURTESY MARSHA SAVIO ?? Kathleen Savio was found dead in her bathtub in 2004.
| COURTESY MARSHA SAVIO Kathleen Savio was found dead in her bathtub in 2004.

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