Drew Peterson May Get To Go Home

In this booking photo provided May 7, 2009 by the Will County Sheriff's office in Joliet, Ill., former Bolingbrook, Ill., police sergeant Drew Peterson is shown. (AP Photo/Will County Sheriff's Office)
AP Photo
Former police officer Drew Peterson could be allowed to stay at his suburban Chicago home as he awaits a possible trial in the death of his third wife.

Peterson, who has been jailed since May 7, is scheduled to be formally arraigned Monday on first-degree murder charges in the 2004 slaying of Kathleen Savio.

Peterson's attorney, Joel Brodsky,is expected to ask a judge to reduce Peterson's bond, which is now $20 million.

And Brodsky and Reem Odeh, his second attorney, appeared on The Early Show Monday from Joliet, Ill. to talk about the case and Peterson.

Brodsky told Early Show news anchor Russ Mitchell that Peterson will "absolutely" enter a plea of not guilty to both counts of homicide.

"What this trial is going to show -- if we even get to trial -- will be that there is absolutely no evidence that Drew did anything wrong," Brodsky said, "anything at all regarding Kathleen Savio's death."

Brodsky added that they're hoping for a jury that will focus on the facts and the lack of evidence in the case.

Odeh said Peterson is being treated well in jail and isn't complaining. Brodsky added that Peterson is in protective custody, sequestered from the other prisoners.

"It's a little bit boring, but it's much better than normal jail circumstances," Brodsky said.

Savio's death was originally ruled an accident. But after Peterson's fourth wife, Stacy, disappeared in 2007, Savio's body was exhumed. Authorities reclassified the death after an autopsy as a homicide staged to look like an accident.

Peterson, 55, has denied any involvement in Savio's death or Stacy Peterson's disappearance. He is considered a suspect in Stacy's disappeareance.

But his numerous media appearances, where he has gained a reputation for making smart-aleck remarks, could play a big role as prosecutors try to lock him up.

Peterson, of suburban Bolingbrook, Ill., has never shied from the media, seeming to relish the spotlight and often offering reporters a joke. As he was led to his first court appearance this month, he referred to his prison-issued jumpsuit as a "spiffy outfit."

And that, attorneys say, could be one of Peterson's biggest problems.

"If one wife goes missing and (another) wife is dead, those aren't usually the subject of jokes," said Roy Black, a defense attorney whose clients have included Rush Limbaugh and William Kennedy Smith. "People are going to think this is a very bizarre person, who's more likely to have committed murder than someone who is in mourning."

Peterson is accused of drowning Savio, who was found dead in a dry bathtub in 2004 with a gash on the back of her head.

Even if the videos of Drew Peterson's arrival in court or of his interviews don't make it into trial, they can still have an effect.

"Whether it's admissible or not is one thing ..." said Joe Tacopina, a prominent defense attorney in New York. "But it's certainly admissible in the court of public opinion, which is your jury pool."

Peterson's attorney said joking around is how Peterson deals with stress.

"In a tight, uncomfortable situation, you're gonna get humor and wisecracks," said Brodsky.