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Drew Peterson Judge Sends Joel Brodsky to Disciplinary Commission

Judge Edward Burmila said he was "shocked" by lawyer Joel Brodsky's conduct, and now Brodsky's license to practice law could be in jeopardy before the state's Attorney Registration & Disciplinary Commission.

The judge in the Drew Peterson murder case said he was "shocked" by the behavior of attorney Joel Brodsky in the aftermath of the convicted wife-killer's sentencing last month.

"I've never seen an attorney comport himself the way Mr. Brodsky did," Judge Edward Burmila said during a Tuesday morning hearing at the Will County Courthouse.

And Brodsky's law license may be in jeopardy now that Judge Burmila is alerting the state's Attorney Registration & Disciplinary Commission to Brodsky's antics.

After Peterson was hit with a 38-year prison sentence for murdering his third wife, Kathleen Savio, his former attorney, Joel Brodsky, did a WGN Morning News interview and blamed Peterson for moves he made at the trial.

Judge Burmila first said he was shocked when he watched the interview, then later said, "I wish I could think of a word beyond 'shocked' to apply to Mr. Brodsky's appearance on television."

Other lawyers on Peterson's defense team have blamed Brodsky for blowing the trial. They made Brodsky's allegedly poor performance—both inside and out of the courtroom—the basis of a push to get Peterson a new murder trial.

In the effort to get a new trial, Peterson's lawyers cited Brodsky's decision to call Savio's divorce attorney, Harry Smith, to the witness stand. Brodsky had apparently hoped Smith's testimony would sully the character of Peterson's missing fourth wife, Stacy Peterson. Instead, Smith repeatedly hammered home to the jury that Stacy told him Peterson killed Savio. Jurors later said Smith's testimony clinched the guilty verdict.

Burmila denied last month's motion for a new trial but conceded that it was "clear to the court from the very beginning that Mr. Brodsky was out of his depth," and that he "did not have the lawyerly skills" to handle the case."

Brodsky said he felt vindicated by these comments.

After Peterson was sentenced, Brodsky went on WGN and blamed his client for the questionable decision to cal Smith.

"Harry Smith was called because Drew insisted that Harry Smith be called," Brodsky said in the interview. "Drew told us, that unless we called Harry Smith to state that Stacy was trying to extort him, then he, Drew Peterson, would insist on taking the stand, and that would have been unmitigated disaster. If Drew took the stand, there was no way we would win. So our choice was let Drew take the stand or call Harry Smith."

When asked, during the same interview, if he believed Peterson was innocent, Brodsky stammered, laughed and said, "They're clients. Drew is a client. I have lots of clients. My personal belief really has nothing to do with it. You defend everybody zealously. You defend the 10 guilty people so that the one innocent person isn't wrongfully convicted."

Peterson attorney Steve Greenberg, who proclaimed Peterson's innocence after the sentencing, asked Burmila during the Tuesday morning hearing to silence Brodsky. Greenberg pointed out that Will County State's Attorney James Glasgow has already said he is considering bringing charges against Peterson with regard to Stacy's disappearance. Greenberg said he made the request with "extraordinary reluctance," and only after reaching out to Brodsky and being ignored.

Burmila said the Brodsky sitiuation—and the entire Peterson case—is now outside his jurisdiction and in the hands of the appellate court. But the judge did not dismiss Greenberg's concerns. He told his clerk to forward the motion argued by Greenberg and a transcript of Tuesday's hearing to the Attorney Registration & Disciplinary Commission.

The motion, which was prepared by Greenberg and co-counsel David Peilet and John Heiderscheidt, claims Brodsky "conducted a campaign to vindicate his actions at the expense of Peterson's best interests, and without regard to attorney-client privilege." It accuses Brodsky of saying Peterson "had no empathy for anyone else and that his screaming in court was perhaps reflective of his true character."

The filing also says Brodsky revealed "what he claimed were privileged conversations that he had with his client."

Greenberg raised the motion during a hearing to ask Burmila to reconsider Peterson's 38-year prison sentence. Peterson was transported from downstate Menard Correctional Center for the hearing. Greenberg said it took six hours to make the 300 mile trip.

Greenberg requested that the judge sentence Peterson to the minimum 20 years, but Burmila didn't budge.

Brodsky failed to respond to requests for comments on Burmila's decision to report him to the Attorney Registration & Disciplinary Commission, which will not be Brodsky's first run-in with the board. In 2004, the commission suspended Brodsky's law license for three months after determining he forged a dead man's signature on "bank documents needed to release the funds."

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Watchful Eye March 6, 2013 at 06:57 pm
It's official. Drewpy is no longer represented by his big team. Helloooooo Public Defender. Guess everyone got what they wanted out of this case. Except for the convicted murderer.
Buford Pusser March 6, 2013 at 07:02 pm
Kristie where do you get your information about the pension. They don't need an expert as they can't take his pension away. He would have had to commit a felony on duty and he would have to be convicted if such. He keeps his pension! Period.
Buford Pusser March 6, 2013 at 07:05 pm
If I was ever on a murder trial or any trial with just hearsay, I would never convict anyone.
Kristie March 6, 2013 at 07:24 pm
Google can be your friend. You might want to try it sometime.
Watchful Eye March 6, 2013 at 07:30 pm
Kristie is right, John. I mean Buford. If you do a little checking online, you'll see that someone was hired to look into stopping his pension. Are you on the pension board? Is that how you are so positive they can't take his pension? I don't know one way or another if they can or can't. Kristie was just stating a fact about Peterson having another worry, that's all. Chill.
Kristie March 6, 2013 at 07:33 pm
CBS is reporting that they have all quit and asked for a public defender. Looks like his "dream " team was really a nightmare.
Buford Pusser March 6, 2013 at 08:04 pm
The pension stays. It will be there until he dies!
Paul March 6, 2013 at 08:06 pm
@Watchful Eye. Being that you seem to know everything, including how to run a crappy Man hating website, you should know that without "Drew's Law" there would have never been an indictment or even a fact finding "hearsay trial". Glasgow had the law passed so he could get the indictment. You think they could have gone in front of a grand jury and said, "we have nothing, no evidence, not even witness statements, please indict this man because we feel really strongly that he did it." NO! They went in a said that now we will use statements previously not allowed. Glasgow had nothing, screwed up so many times, and the jurors wanted to convict before they sat down. And yes, Captain Brodsky sank the ship. Drew will win his appeal and be out in a few years without a doubt.
Kristie March 6, 2013 at 08:09 pm
We'll see.
This wouldn't be the first time that you were wrong.
Kristie March 6, 2013 at 08:13 pm
Paul,
Drew will have to find a new set of lawyers and/or public defenders. Even the ones that have proclaimed that they would win on appeal have given up.
Buford Pusser March 6, 2013 at 08:23 pm
I can gurantee you that the pension board didn't go out of their way to have an expert look at Drews pension. The Mayor probably has his hand in it.
Watchful Eye March 6, 2013 at 08:26 pm
LOL, I'm running a "crappy Man hating website?" Oh, good, thanks for letting me know. And, that website would be what? Just so I am clear on that. Thanks.
Watchful Eye March 6, 2013 at 08:39 pm
I'm laughing as I re-read this. Glasgow screwed up so many times? Lopez used the Cheshire Cat in his closing argument (and still lost the case, I might add His closing may have or could have won the case, but his argument sucked!). Brodsky and Greenberg were screaming at one another, and continue to publicly denounce and degrade one another. Paul, there's plenty of screwing up to go around.
Ummm, Brodsky bragged about picking that jury with Drew's spectacular input. He puffed out his chest and said Drew was the best juror consultant there was, having years of experience as a police officer and all. So, why are you blaming the jury that Drew handpicked? Come on.
Kristie March 6, 2013 at 09:45 pm
I'll take you up on that guarantee. When can we expect you to provide the proof? Either way, I'm glad someone did. Why should a convicted killer continue to collect from the taxpayers?
Chris Jaquith March 6, 2013 at 09:54 pm
Fry the Bastard
Buford Pusser March 6, 2013 at 10:21 pm
Kristie does Jon Burge ring a bell. They tried to take his pension and the Court said no. Same will happen with Drew!
Judge Ward March 7, 2013 at 02:35 am
Mr. Brodsky, Esq. you forget the golden rule: the client is always right and keep your mouth shut and your ears open.
Raven13 March 7, 2013 at 01:57 pm
Kristie, he had no say in how her body was laid to rest. Her family made those decisions.
Buford Pusser March 7, 2013 at 04:19 pm
Drew paid for the funeral!!!
Watchful Eye March 7, 2013 at 05:04 pm
Obviously, you are a true believer in everything Peterson says, because beyond his word, what else do you have?
He bawled and sobbed profusely at the sentencing, something most of us haven't heard of anyone before him doing upon sentencing. The prisons are "full of innocent people who didn't do 'it'", so let's not even bring that up. Funny thing is, though, once the courtroom was cleared of the court watchers, those that were left saw a jovial Peterson laughing and joking with the deputies. Was that bawling and sobbing all an act, from the greatest criminal actor of all, or can he turn his feelings on and off like a faucet. You know him, Pusser, what do you say? As to him paying for the funeral, that line came during the bawling and sobbing, and maybe the rest of us don't believe a word of what he said. What is also unbelievable, is that not one of his family members was there to support him. Not his siblings, not his sons. Just Peterson to fend for himself. That's pretty telling. You're here though. That's nice. ;-)
Flora Dora March 7, 2013 at 05:35 pm
Both Brodsky and Peterson love the limelight and both were quick to give interviews. Lights, camera, action!
Kristie March 7, 2013 at 05:47 pm
Burford,
What about Anthony Doyle and Mickey Dooley?
Ernie Knight March 8, 2013 at 01:56 pm
Paul,
Drews Law was irrelevant. The hearsay admitted at trial was under EXISTING statute and case law. The Appellate court REJECTED Drews Law. He was convicted WITHOUT Drews Law.
Buford Pusser March 8, 2013 at 05:49 pm
Another reason Drew won't lose his pension.
Now-retired Round Lake Beach police officer Leroy Kuffel will collect $53,709 in pension funds in 2013, even though he was convicted of molesting a teenage girl while off duty in 2009.   Former Round Lake Beach police officer Leroy Kuffel was convicted of molesting a teenage girl and is on the Lake County sheriff's sex offender registry.   COURTESY OF OFFENDERWATCH Citing state law and a legal opinion, Round Lake Beach village officials say they determined they can't end former police officer Leroy Kuffel's pension, even though he was convicted of molesting a teenage girl while off duty.   DAILY HERALD PHOTO Citing state law and a legal opinion, Round Lake Beach village officials say they determined they can't end former police officer Leroy Kuffel's pension, even though he was convicted of molesting a teenage girl while off duty.     Round Lake Beach taxpayers continue to provide a pension to a now-retired police officer who was convicted of molesting a 16-year-old girl while off duty and is on a law enforcement agency's sex-offender list.
Kristie March 8, 2013 at 05:52 pm
This guy was off duty.
Drew was on duty when Kathleen's body was found.
Buford Pusser March 8, 2013 at 05:56 pm
Kristie, Drew wasn't found guilty of murder while on Duty. He found Kathy deceased and she died over the weekend when Drew was off duty. See the correlation here?
Ken March 8, 2013 at 06:20 pm
Even if he gets to keep the pension, there's a bit of comfort knowing that he won't get a chance to enjoy any of it.
He predicted that he will die in the next ten years or so, so hopefully Stephen will invest it wisely so that Anthony and Lacy will have money for college.
industrial painter local 33 March 9, 2013 at 12:18 am
very good and strong point,Patrick
Watchful Eye March 9, 2013 at 04:46 pm
Pfft. On one hand, most would want to see Peterson's small children be the recipients of his pension. His sons with Kathleen inherited money through their mother's insurance proceeds, but his children with Stacy don't have any source of income, it appears. That being said, aside from wanting to be compassionate about his small children's needs, it is crazy that he'd be able to keep that pension on a technicality of whether he was on duty or off duty when he killed her (he is convicted of her murder). A law enforcement officer is always on duty, no? They're licensed to carry guns 24/7, with the authority to use it, so the on duty/off duty argument seems fruitless. Being on the clock is a better description. It would seem that if he committed a murder, it was as a law enforcement officer, who was "on duty" no matter how you cut it.
Cutting and pasting other officers' pension woes isn't productive in this case. If the Board that is going to rule whether or not there's any basis to cut off Peterson's pension wants to find a way to do it, thus the reason for hiring a lawyer specialist, they'll do it, IMO. Other than that, who knows what the outcome will be. If Peterson's pension is stopped, it'll get dragged out by him fighting the ruling anyway, so this won't end anytime soon.
Buford Pusser March 9, 2013 at 09:22 pm
I don't think it was the Pension board that's trying to do this, but Glasgow is sticking his nose into this matter.

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Kristie June 13, 2013 at 10:20 am
I can't imagine what a customer could do that would cause a cashier to yell at them. Can you expandRead More a little on the situation? I shop there often but generally use the self-scan. There is one cashier that works that area that can be quite rude. It took me a minute to get my ID out and she went off on me. Sorry I wasn't as prepared as I should be but it isn't often that a 45+ woman is asked for ID.