Drew Peterson’s attorney says prosecution’s appeal on hearsay evidence signals it has no case

Peterson attorney says prosecution ‘chickened out’

CHICAGO — The defense attorney for Drew Peterson says an appeal on hearsay evidence in the former police officer’s upcoming murder trial signals to him that prosecutors have no case.

Prosecutors on Wednesday appealed a judge’s decision to exclude some evidence in Peterson’s trial on charges he killed his third wife, Kathleen Savio, in 2004. The appeal delays the trial. Jury selection was set to begin Thursday.

Peterson’s defense attorney Joseph Lopez says prosecutors “chickened out.” He believes the appeal will be denied and the charges dismissed.

Will County Judge Stephen White ruled that he wouldn’t allow a jury to hear some of the hearsay — or second hand — evidence that makes up the bulk of the prosecution’s case.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

JOLIET, Ill. (AP) — Former police officer Drew Peterson’s trial on charges of killing his third wife will be delayed while a judge’s decision to exclude some hearsay evidence is appealed, prosecutors said Wednesday.

Jury selection was set to begin Thursday in Peterson’s trial in the 2004 drowning death of ex-wife Kathleen Savio.

But Will County Judge Stephen White ruled Tuesday he would not allow a jury to hear some hearsay — or second hand — evidence.

That evidence is considered crucial because prosecutors have not yet produced physical evidence linking Peterson to Savio’s death, first-hand witnesses or a confession.

State’s Attorney James Glasgow said Wednesday he will appeal the judge’s decision but did not say exactly what hearsay statements were excluded.

Peterson has pleaded not guilty to first-degree murder in Savio’s death and has denied involvement in the disappearance of his fourth wife, Stacy Peterson, who has not been seen since October 2007.

Savio’s death originally was ruled an accident after her body was found in an empty bathtub. Her body was exhumed after Stacy Peterson’s disappearance, and Savio’s death was then ruled a homicide.

Peterson was arrested and charged in Savio’s death in May 2009. He’s been named a suspect but not charged in Stacy Peterson’s disappearance.

During a hearing earlier this year to determine what hearsay evidence a jury would be allowed to hear, several witnesses testified Savio told them she feared Peterson would kill her and had even sneaked into her house and held a knife to her throat and threatened her life.

They also presented witnesses who told of conversations they had with Stacy Peterson, including a pastor who testified Stacy told them she had helped Peterson concoct a fake alibi the weekend Savio’s body was found.