Smirk-less Peterson remains behind bars
His trademark smirk gone, a shackled Drew Peterson learned in court Monday he'll remain locked up a while longer.
The prosecution's effort to eject a Will County judge from the case stalled the former Bolingbrook police sergeant's attempt to get a lower bond.
A somber Peterson pleaded not guilty during his second court appearance since being charged May 7 with first-degree murder in the drowning death of Kathleen Savio, his third wife.
The coroner originally classified her 2004 death as an accident, but after Peterson's fourth wife, Stacy, disappeared in October 2007, Savio's body was exhumed for a second autopsy, and authorities ruled she had been murdered.
Peterson, 55, dressed in blue jail garb, quietly chatted with his legal team while seated for most of the court hearing in the jury box. He occasionally peered out into the crowded courtroom gallery crammed with the women's relatives and reporters.
His defense team, led by Joel Brodsky, planned to argue Peterson's $20 million bond is excessive, but its request for a reduction was derailed when, in a surprise move, the prosecution sought to replace Circuit Judge Richard C. Schoenstedt based on "the grounds of prejudice against the state."
Will County State's Attorney James Glasgow declined to explain his reasoning, but Schoenstedt is the judge who last winter dismissed felony weapon charges against Peterson after prosecutors refused to hand over to the defense internal investigative documents.
Later, outside of court, Brodsky called the move "nothing but gamesmanship."
"It shows the state doesn't want to try this case on the merits," said Brodsky, who is challenging the motion. "They want to try it on technicalities. It indicates to us the weakness of (the prosecution's case)."
A so-called substitution-of-judge request is routine for defense attorneys, but prosecutors in Cook, DuPage, Kane, Lake and Will counties rarely file such motions - especially against a presiding felony criminal judge such as Schoenstedt.
One exception came in DuPage County, where State's Attorney Joseph Birkett moved about 100 high-level felony cases - or 40 percent - out of the courtroom of a veteran judge known for holding the prosecution's feet to the fire after his July 2006 ruling in a fatal gang shooting.
Will County Chief Judge Gerald R. Kinney set a Thursday afternoon hearing on the issue. That also is the last day of a term for a special Will County grand jury convened 18 months ago to hear evidence in Kathleen Savio's death and Stacy Peterson's disappearance.
If jurors do not hand up an indictment regarding Stacy, Glasgow has the option of continuing the probe with a new panel.
Kathleen Savio, 40, was found March 1, 2004, in a dry bathtub in her Bolingbrook home, her hair soaked in blood from a head wound, just before the former couple's divorce settlement was finalized. She also had several bruises and cuts elsewhere on her body.
After Monday's arraignment, Henry Savio said it is his hope that the truth about how his daughter died comes out in court. The 73-year-old father said he is convinced that Peterson killed her for financial and child custody issues.
"My wish is to have this done," Henry Savio said. "My daughter was very determined. I always knew what happened to her couldn't just be an accident."
Added Melissa Doman, the slain woman's niece: "I've seen (Peterson) walking around for over a year with that smug smirk. Now, the smug smirk is gone."
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