Drew Peterson

Attorney claiming he is Drew Peterson’s new attorney files motion for new trial

Naperville attorney John Paul Carroll filed documents Tuesday calling for a new trial for Drew Peterson, who was convicted last month of killing his third wife, Kathleen Savio.

Carroll’s motion accuses Peterson’s lead counsel Joel Brodsky of forcing Peterson to engage in pre-trial publicity, ignoring Peterson’s requests for a speedy trial, misrepresenting his own courtroom expertise and threatening to “publically [sic] reveal some things that were discussed” between him and Peterson under what he refers to as his ethical obligations.

However, Brodsky said he spoke with Peterson on Tuesday and that Carroll’s job is to represent Peterson in the sole capacity of assisting him in retaining his pension after his conviction.

“I can state unequivocally that John Paul Carroll was not authorized to file any motions,” Brodsky said. “Drew is absolutely boggled as to how he could do something like this.”

However, court records show that Will County Judge Edward Burmila, the presiding judge in Peterson’s murder trial, permitted Carroll to visit Peterson in jail in September.

Following Peterson’s conviction, Brodsky drew a great deal of criticism for his decision to call to the stand as a defense witness Savio’s divorce attorney Harry Smith. Several jurors pointed to this decision as the tipping point in the trial. Smith testified that Stacy, Peterson’s fourth wife, asked him if revealing information about her husband’s role in Savio’s death would help her in the divorce.

Defense co-counsel Steve Greenberg, after the fact, referred to the decision as “One of the worst mistakes in the history of jurisprudence.” These comments have also caused a very public bout of attorney infighting as Brodsky and Greenberg battled over who was responsible for Peterson’s conviction.

“Mr. Peterson did not want, suggest, agree to or authorize attorney Brodsky to call attorney Harry Smith as a witness for the defense,” Carroll’s motion states.

Peterson has retained Brodsky as his lead counsel since 2007, even though Brodsky had never tried a murder case. Carroll formerly represented Peterson in 2007, though he was not involved in the murder case. He said he is currently not receiving financial compensation for his services.

A hearing has been scheduled for Friday.

Ryan Kerns, Esq. Wild About Trial

Copyright 2012 Wild About Trial. All rights reserved. This material may not be published, broadcast, rewritten, or redistribute

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