Peterson Appeals Reopening of 3rd Wife's Estate

Opening Kathleen Savio's estate would make it possible to file wrongful-death suit against ex-Bolingbrook cop.

OTTAWA, Ill. - Attorneys for former Bolingbrook Police Sgt. Drew Peterson argued before an Appellate Court Tuesday that the estate of his third wife, Kathleen Savio, never should have been reopened despite a new autopsy that indicated her 2004 death was a homicide.

"The only way an estate can be opened is a newly discovered asset," Peterson's attorney, Joel Brodsky, told the 3rd District Illinois Appellate Court. "There is nothing new. All we have here is a change in opinion," he said, referring to the ruling on the November 2007 autopsy.

But Savio's attorneys argued that a wrongful-death action is considered a newly discovered asset. Last February, Will County State's Atty. James Glasgow announced that the new autopsy determined Savio had been murdered. Any pain and suffering she experienced during her death should be awarded to her estate, argued attorney Martin Glink.

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OTTAWA - Drew Peterson's legal team argued to keep the family of his slain third wife out of her financial affairs, claiming a Will County judge goofed when she opened the woman's estate up to his former in-laws.

Peterson's attorneys made their case to a trio of appellate court judges in the state's third district court Tuesday. Lawyers for the family of his third wife, Kathleen Savio, countered that Will County Judge Carmen Goodman was correct not only in reopening the estate, but also in stripping Peterson's uncle James Carroll of his executor powers.

Peterson and Savio were in the midst of a contentious divorce when she turned up drowned in a dry bathtub in March 2004. In fact, Savio and Peterson were halfway through a highly unusual divorce proceeding in which the marriage was severed but the financial affairs had yet to be settled.

Within weeks of Savio's death, Peterson happened to find a will naming his uncle as the executor. The uncle went on to award Peterson control of virtually all of Savio's assets.

"In divorce court, they call that a 'lay down,'" said Lawrence Varsek, who was representing the Savio family with attorney Martin Glink.

"He let all the assets go to his nephew, for whatever reason," Varsek said.

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