Jan 31, 2008 6:19 pm US/Central
Savio Family Hires Lawyer To Open Civil Case
Family Of Drew Peterson's 3rd Wife Say Her Estate Was Mishandled
BOLI NGBROOK, Ill. (CBS) ―
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Kathleen Savio was found dead in her bathtub 3 1/2 years ago. She was Drew Peterson's third wife.
Anna Doman
Former Bolingbrook police sergeant Drew Peterson is about to face another legal battle, this time involving the family of his third wife, Kathleen Savio. Savio's relatives just hired a big-name New York lawyer. CBS 2 West Suburban Bureau Chief Mike Puccinelli has an exclusive report on a new lawsuit.
It's a 40-page document that lays the groundwork for Savio's family to sue former Peterson in civil court. On page three it says, "your petitioners are prepared to initiate a wrongful death cause of action against drew Peterson on behalf of the estate of Kathleen Savio" whose death the document goes on to say " was not an accident and it was not suicide."
"The problem with that is, first of all they have to prove it was in fact a wrongful death, it was something other than an accident or suicide," said CBS 2 legal analyst Irv Miller. "But even more important, if they establish that, they still have to establish he's the one that did it."
But before the wrongful death suit can be filed, Savio's estate has to be reopened. Thursday's notice of motion asks a judge to do just that. In the motion the Savios also ask that James Carroll, the executor of Savio's handwritten will, be removed from the case. As an uncle of Drew's they say he has a conflict of interest. They also say Carroll "wasted and mismanaged the estate" by permitting all "the assets of the marriage to pass to Drew Peterson, and away from the beneficiaries of the estate." That, they argue, goes against Savio's wish of having all her "worldly possessions" go to her children.
"They have a pretty good argument to name a neutral individual to take over the estate as opposed to someone who is directly interested since that person is a relative of Drew Peterson," Miller said.
The filing also contains a document showing that immediately after Carroll was named executor of Savio's estate, Carroll, acting as his own attorney, fired Savio's divorce attorney.
Sixteen days later during final divorce proceedings a publicly appointed administrator noted that no one representing the children's interests was present in court when all of the couple's assets, other than Savio's life insurance, were awarded to Drew Peterson. He said the effect of the judgment was to transfer anywhere from $144,000 to $288,000 from the four children who were beneficiaries of the estate to Drew Peterson.
One person who was familiar with the case wouldn't go on camera but summed up the division of assets this way saying, "They screwed the kids to benefit Drew Peterson."
The Savios' new attorney, John Q. Kelly, is New York lawyer who represented the estate of Nicole Brown Simpson in a successful civil suit against OJ Simpson. He confirmed his involvement in the case.
Peterson's attorney, Joel Brodsky, said, "They'll never be able to prove Drew did anything wrong, or caused the death of Kathleen Savio. If by some miscarriage of justice they get a judgment against Drew -- the money would be going to Drew and Kathy's children anyway. It's a fruitless act."
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