Will County

Judge denies Drew Peterson attorney request for additional mental fitness evaluation

Peterson is convicted of killing his third wife, Kathleen Savio

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Convicted murderer Drew Peterson’s request for a new trial was denied by a judge this week, NBC Chicago’s Courtney Sisk reports.

Drew Peterson, currently serving a 38-year prison sentence for killing his third wife, Kathleen Savio, is seeking a new trial to overturn his conviction, but the effort hit another block this week.

Attorneys representing Peterson had requested a mental fitness evaluation after an initial evaluation gave them "bona fide doubt" that their client was mentally fit.

State's attorneys argued Thursday Peterson seemed “lucid and able to communicate" fine.

Judge Carlson reviewed the first evaluation and denied the request Thursday. He said he takes notice that Peterson participated in a national news interview in February, and says it “infers there’s level of understanding there from Mr. Peterson.”

Peterson's team claimed he was not initially aware he was walking into that February interview, but he still participated.

After Judge Carlson denied their request, Peterson asked if he could approach the Judge.

Judge Carlson chuckled, and said 'no' to which Peterson responded "you look like you can handle yourself."

Peterson apologized after whispering with his attorneys.

Peterson has never been charged in the disappearance of his fourth wife Stacey Peterson, though he's been the prime suspect ever since she vanished 16 years ago.

Also in the courtroom Thursday was Peterson's former attorney Joel Brodsky. He is facing a contempt charge, accused of violating a gag order to not talk about Peterson's case. He spoke with media in February and on March 6.

Thursday Brodsky argued back and forth with Judge Carlson for more than 20 minutes to have the contempt case dismissed, claiming he didn’t know what he did wrong, and that the gag order didn’t specifically say to not talk to media.

Judge Carlson denied his motion to dismiss the case.

Brodsky continued to disagree, and said he wants a speedy trial and urged the Judge to seat a jury immediately.

Judge Carlson said they would instead proceed as normal and set a pretrial status hearing for May 1. He also said Brodksy should not talk to anybody when he leaves the courtroom.

Brodsky declined speaking to media after.

Peterson will be back in court July 17 for a status hearing.

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