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Drew Peterson's attorneys expected to ask for new trial

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    Steve Brown reports from Joliet, Illinois

  • Duration 2:31
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So there's a new twist in the Drew Peterson murder trial you can believe it it is still going remember all list.

In the next hour Peterson's lawyer will argue that he deserves a new trial.

Because his last attorney.

Botched the case for him fat is the argument the judge -- that motion then Peterson although directly to the sentencing phase in the murder of his third wife.

Kathleen savvy -- you see in the third box there.

He is also as you will remember a suspect in his fourth wife's disappearance.

Stacy Peterson her body was never found Steve Brown joins us now live at the will county courthouse in Joliet Illinois -- where he is spending the day.

-- so what call into the lead attorney make that really hurt Peterson's defense dizzy arguing.

Well the argument is that Joseph Brodsky the lead attorney for the Peterson defense team.

Against the advice of co counsel made a call I'm calling a witness when they are presenting their case -- that witness.

Was the divorce attorney of Stacy Peterson a man by the name of Harry Smith.

Now Smith had previously been part about talking about certain think certain conversations that he had with Stacy Peterson.

Once he was on the stand he said that when.

Stacy Peterson approached him about getting a divorce she mentioned that her husband Drew Peterson had killed his third wife Kathleen -- -- A major turning point in the case and now one of the Peterson's defense team lawyers says.

Based on that air of calling that attorney.

That Peterson deserves a new trial.

I'm not going to not do something because it's -- -- offend somebody or or hurt somebody's feelings I'm not.

Like that I'm doing what I have to do what I have to do right now is to point out.

Where the case was -- and the case was blown by Joseph Brodsky.

And the jurors said Smith's testimony was a key factor getting that conviction Martha.

-- -- seeing so what are his chances of getting any trial state.

Most legal experts think this is a long shot even though it was a compellingly perhaps bad here or on behalf the defense team.

It still is not likely to result in a new trial largely because while you're guaranteed a defense you're not guaranteed April -- defense and there were six attorneys working on this case.

And I ended Joel Brodsky was just one of those six -- -- It's probably an uphill climb for the Peterson team -- great point Steve thank you so much Steve Brown will be watching that in Joliet Illinois -- dagger world.