Drew Peterson

The case of Drew Peterson

The victim is the deceased Kathleen Savio and the defendant is Drew Peter. The case was heard by the Circuit Trial Court and later by the State’s Court of Appeal.

Role of The Criminal Justice Team

The criminal justice team involves many players ranging from the law enforcement officials to the prosecutor, defendant’s attorney, victim’s advocate, judge, witnesses, and jury. The law enforcement informs the prosecutor’s office about crime and may be called up by the prosecutor to assist in the investigation (Anoka County Attorney’s Office, n.d). The judge ensure the laws and procedures are followed and the rights of involved parties are respected. The judge also rules on conditions of release and determines appropriate bail. The prosecutor represents the government in criminal court proceedings. The prosecutor assesses investigative evidence and witnesses for charging decisions. The defense attorney represents the defendant in criminal court process and ensures the rights of the defendant are upheld (Anoka County Attorney’s Office, n.d). The probation officer documents the personal and criminal history of the defendant that could help the judge decide an appropriate penalty. The victim’s advocate works with the prosecutor to ensure the rights of witnesses and victim are protected. The victim has a right to be represented by an attorney who participates in trial. Living victims can file a complaint prior to the trial.

Facts about the Case

Drew Peterson was accused and tried in 2012 for murdering his third wife, Kathleen Savio. Peterson and Savio had filed a divorce in 2002. A hearing for child custody and dissolution of property was set in April 2004 April. In March 2004, Peterson found Savior death in her bathtub (Regensburger, 2019). Although she had a head injury, the police ruled an accidental drowning and no evidence was gathered from the scene. However, Peterson’s fourth wife, Stacy, disappeared in 2007 prompting the state’s attorney to re-look into the cause of Savio’s death. Her remains were exhumed, and the cause ruled a homicide. Peterson was charged for the death of Savio. The court admitted hearsay statements as evidence that led to his conviction. 72 witnesses testified against him.

At What State each Member Participates

Police officers are the first to respond to a crime scene as well as first to have contact with victims. After the deceased was found drown in the bathtub, the police arrived the scene to gather evidence and determine the cause of her death. Without gathering enough evidence, they ruled the cause of her death an accidental drowning. The role of the police is supposed to investigate commissions of crimes, make arrests, and file a criminal case before the prosecutor’s office. The law enforcement did not discharge their duties accordingly.

Turn of events (disappearance of Stacey Peterson) prompted the prosecutor to relook into Savio’s death. Exhumation of her remain revealed the cause of death as homicide (Regensburger, 2019). Based on the assessment of victim’s hearsay statement and witness testimonies, the prosecutor charged Peterson in the death of Savio. The prosecutor also collaborated with victim/witness services to ensure the rights of victims are protected and prepare them for trial. It is worth noting that the prosecutor is a government attorney who prosecutes a criminal case in court. One of the issues that emerged during the court proceeding was the admission of hearsay as evidence. The Illinois state statute provides that hearsay can be admitted in first-degree murder cases provided the prosecutor can demonstrate the accused murdered the victim to prevent the person from testifying. The prosecutor argued that Peterson killed Savio to prevent her from testifying in a pending divorce action against him.

The judge presided over court proceedings during the trial of Peterson. The judge held pretrial hearing to decide whether hearsay testimonials are trustworthy and admissible (Regensburger, 2019).  By admitting the victim’s hearsay, the judge confirmed the probable cause for charging the defendant. The judge also ensured the trial is conducted in accordance with the law of their jurisdiction, and the rights of the parties involved are respected. The judge oversaw court proceedings and set dates for hearings. In addition, the judge received the evidence presented and listened to witness testimonies to help determine whether the accused is guilt or not. The judge also imposed the sentence for the accused who was found guilty.

The defense attorney serves as the defendant’s lawyer who represent the defendant during criminal court proceedings. Peterson’s lawyer did discharge the duties required of a defense attorney. The defense did question the reliability and trustworthy of some of the hearsay statements of absent witness presented in Court. The constitution gives criminal defendants the right to face and question the accusers. This means that the court cannot allow testimonies made before trial or outside of court to be admitted as evidence. However, the Drew Law makes many exceptions to the hearsay rule. This law was passed in 2008 in response to the investigation into the disappearance of Stacy and murder of Savio. The 2008 law now permits statements of murder victims into evidence provided the prosecutor can demonstrate that the accused murdered the victim to prevent the person from testifying (Regensburger, 2019).

The defense did question why the witnesses kept the secrets never only to come to present their testimonies during the court hearing. The duty of defense attorney is supposed to poke holes in the evidence presented by the prosecutor in an attempt to prove the accused is not guilty. In addition, the defense attorney did ensure the accused’s rights are respected and upheld throughout the court proceedings (Regensburger, 2019).

After finding the defendant guilt, the probation officer completed a pre-sentence report on the defendant’s criminal and personal history. Peterson exhibited abusive and controlling behavior against his former wives. At work, he had been demoted and then fired for misconduct and bribe taking. Between 2002 and 2004 police filed 18 disturbance reports at Peterson’s home.  This report served as the basis for determining the appropriate sentence.

Role of Victim

The role of the victim and witnesses is present testimonies against the accused in the court proceedings. The case of Peterson, the court admitted the testimony and hearsay of absent witness (victim) at trial. Both the hearsay testimonies of Stacy and Savio were admitted and used to convict the defendant.

The End

State’s Court of Appeal found the defendant guilty and sentenced him to 38 years in prison. In 2018, the Illinois Supreme Court upheld Peterson’s conviction, ruling that the state met its burden of proof at the forfeiture by wrongdoing hearing (Regensburger, 2019). The state through the prosecutor sufficiently proved that the defendant intended to prevent his former wives from testifying by making them unavailable. Finally, the victim did get divine justice needed. The decision by the Supreme Court to determine the issue of hearsay on its merit will have ramifications for hearsay employed against other defendants.

References

Anoka County Attorney’s Office. Roles in the Criminal Justice System. retrieved on November 17, 2021 from https://www.anokacounty.us/1434/Roles-in-the-Criminal-Justice-System

Regensburger, D. (2019). Criminal evidence: From crime scene to courtroom. New York: Wolters Kluwer.