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Will Drew Peterson get a new trial?

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    Legal panel weighs in on murder case

  • Duration 2:58
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Right now we are awaiting news from inside.

The courtroom at the Drew Peterson murder trial his lawyer is expected to argue.

That the former cop deserves a new trial because his last attorney botched the case.

If the judge rejects that notion Peterson will go directly to sentencing for the murder of his third wife Kathleen -- deal.

Now he of course is also a suspect in the disappearance of his fourth wife Stacy Peterson her body has never been found.

Let's talk about it -- least -- Fox News legal analyst Doug burns is a former federal prosecutor and criminal defense attorney.

There's so Doug I don't understand a lot of things that you lawyers do and I -- -- nothing about -- want to because you've got to lawyers who had used to be on the same team defending Peterson now one is charging the other with what basically malpractice.

-- -- -- making an excellent point because let me just explain normally what happens is a lawyer tries a criminal case.

And then when there's a new lawyer on appeal they will often say that the trial lawyer was ineffective write the name of the claim ineffectiveness.

Of counsel.

Now -- your -- an excellent one usually or let me rephrase that you almost never see two lawyers who try to case together.

And then one of them accusing the -- a lawyer out of being ineffective and police can explain the legal.

And you're right hander to this because it's a really high burden to to bear here what they've got you this this -- that's charging the other lawyer.

Is that gonna show that was so incompetent beyond their normal standard in the community.

I don't see how they get there I think -- -- pretty good job with the backpacks they had.

And then the second Strickland V Washington you -- it.

He's got to show that even if they weren't competent or even if they you know.

Failed that standard that it would have made a difference -- the ultimate outcome of the trial and again I don't see here it's the prosecution they had such good evidence against this guy that he is gonna go in a matter of those lawyers are but we are still -- that at the criminal trial level right so if there is to be an appeal of -- -- there was some sort of some some some ground broken in the law that allowed Kathleen have you statements from the grave to be used at that -- -- into the process better look into the -- of the prosecution that was that -- -- law that was changed the hearsay evidence of being allowed -- Absolutely that had nothing to do with the defense and in his defense.

-- just another very good intuitive we've appointed just made which is normally ineffective counsel would be raised on appeal right.

But the appellate courts say wait a minute we need a record of this if only so what they do is they're gonna call Joel Brodsky as a witness.

They're gonna call other witnesses to establish whether or not by the way it's interesting -- they want to call -- actual state attorney.

I as a witness and he came in and tried to block -- not surprising -- saying some type of prosecutorial immunity but again they need the -- they need to make a record and then if they want to appeal the question of ineffective counsel they can appeal it.

And that record I think your point is that some because they're making -- record who think that I get there once upon a plugin that they're making a record because you know why guys because they know this guy is going on the sentencing of wanna have a record it for you -- -- let's.

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