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Exclusive: Kathleen Savio's divorce attorney speaks out

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    Why did defense call witness Harry Smith?

  • Duration 6:43
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So let's hear the evidence that the prosecution was not allowed to bring in that the defense themselves.

Served up on a silver platter.

With me now from Milwaukee is Harry Smith an attorney with the firm of Smith and Fuller.

-- thanks for so much for being with us this evening.

Thank you very much for having me.

All right -- that question that everyone -- is why would the defense call you.

Knowing full well what you're going to say because your testimony has been a matter of record for years why do you think they called Q.

You know this is a question that I think you and I both -- in the trial because as I was being asked to leave for -- First or second time during my testimony you looked as shocked as I was.

I perceive that they had a thought in the case that followed a long.

The lines of monetary in investment or incentive.

For Kathy Peterson.

And that they were gonna show that Stacy and can't be we're just concerned about money.

And they would say whatever they could -- to to get the money but that's not how it played out.

Well clearly I mean if you think about it -- to put a witness on the stand to say what you said and I'll get to that in a in a minute.

For the reason that you want to make the women love bad -- look like extortionist like.

You know -- -- come out and tell them what he told me can I get more money in the divorce.

I mean do they really think that making the women look bad one of whom is dead the other -- disappeared.

Helps Drew Peterson.

You know that's it that's an old lesson that I bit you know is close -- as a prosecutor you may you may think when you pick a jury that somebody who's.

Been previously convicted of theft is gonna go easier or harder on somebody who with who commits a theft but -- the rule the rule is this you don't.

You're on offer a witness that you don't know what they're gonna saying you can't control what they're gonna say and it.

You don't try and use a witness to make somebody who's passed away look bad because it just never plays out that way.

All right Gerri let's get down to the facts here -- now you handled the third wife Kathleen savvy -- divorce from Drew Peterson.

But -- we received a phone call from Stacy Peterson the fourth wife can you tell us when you got that call.

No I I think it's October the -- sort of flowed in and out at this point in time but there was a call my office to retain us days before.

She went missing and -- I had a conversation -- there.

With her probably point 448 hours I think of which went missing.

All right what what was the message that she left and then what was the conversation.

That you had.

The initial message -- who want to talk about retaining me to represent her.

The conversation we had went through essentially everything you heard.

At that the trial on that was questions about possibilities for the divorce for her leaving the state with their two young children.

Questions about what she could obtain in the divorce and and obviously.

The biggest issue that stuck in my mind that day was heard discussing.

What advantages to -- -- in the divorce and telling the police how.

Drew had killed at the Peterson.

So it's not what benefit she could gain.

If she told the police.

You know about drew -- if she told the police what drew told her.

And how he killed Kathleen.

Yes that was a pretty specific -- in my mind that she said how.

What what did you think -- when you hear from the fourth wife.

How that she knows how Drew Peterson -- sergeant killed his third wife what are you thinking at this point.

Well you know it's it was sort of an eerie feeling to get -- -- the first place I think we did discuss.

Early in the call my concerns for her even reach him talking to me -- She assured me that she'd gotten a new cell phone and this wasn't going to be an issue she had to be concerned about because he didn't know about it.

I talked to -- about the potential liability for holding information like that.

Until now and as a homicide that's that's a felony to conceal a homicide or worse some sort of liability accomplice liability so.

When the phone call ended the impact was much much greater and then of course two or three days later when I'm calling the state police with any information regarding her.

Disappearance it was.

It was a pretty sickly feeling.

Well you have to know that she of course disappeared after she told you this.

But what was your demeanor Harry how did she sound TU.

Matter of fact.

Pretty pretty straightforward got the answers as she got the answers she would ask new question.

Never.

Never highly or or or or and unemotional.

Even when she was responding to drool on the as he was -- -- in the house to get off the phone.

I'm in the yelled back and forth but she never sounded extremely panicked about it this was matter of fact about.

Did she admit that she provided an alibi for Drew Peterson on the night the Kathleen -- BO was killed.

No didn't didn't discuss that I mean I know now through reading reports that she did -- go to the police department and.

And make statements but we did not discuss that on the phone and what about her moving out of state did she tell you why she wanted to move out of state.

She didn't tell me why she just wanted to know what put the ability to do that was and -- it's not easy especially since at that point and she did tell me she did drop adopted.

Through his two children as well so now what you would be talking about maybe dividing a family.

Two young children and I told that was very unlikely -- be able to remove the children from the state of Illinois.

Well you know Europe matrimonial attorney you do divorce as you do family log -- the truth is that it's not unusual.

Do you -- a woman -- scared for her life to say she wants to leave the state is it.

No not at all not at all.

-- Carrie -- and finally let me.

Look let me see if I understand that.

You would subpoenaed says Kathleen divorce attorney drew Peterson's pension records and financial records.

Just weeks before Kathleen died correct.

Yes there's been there's been a lot of attention paid good but absolutely she was -- -- receive her marital portion of that pension pursuant to the the hunt formula and there was.

There's no bones about -- or child support or the division of assets so there was -- there was a lot of finance is still on the table.

And interesting Harry that the judge is not letting the jury hear about that.

But Harry Smith I want to thank you so much for being with us this evening I know that you're very busy thanks for being with us from Milwaukee.

Harry Smith and thank you for what you've done in this case.

Thank you very much good look to you thank you.

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