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Peterson's lawyer appeals ruling

SAVIO ESTATE REOPENED


April 24, 2008

A judge reopened the estate of Drew Peterson's third wife last week, but the embattled ex-cop isn't saying uncle yet.

In reopening the estate, Judge Carmen Goodman stripped Peterson's uncle, James Carroll, of his executor powers, but Peterson's attorney has appealed the decision.

Goodman replaced Carroll as executor with Savio's sister, Anna Marie Doman, and her father, Henry J. Savio. She also appointed Joliet attorney Chrystel Gavlin to be the guardian ad litum of Peterson and Savio's two minor children, Thomas and Kristopher, to look after their best interests.

Besides appealing Goodman's decision, Peterson's attorney, Joel Brodsky, sent a letter to the three attorneys working for the family of deceased wife Kathleen Savio's family, informing them they have no standing to file a wrongful death lawsuit. Lawrence Varsek of Joliet, Martin Glink of Arlington Heights and New York City lawyer John Quinlan Kelly, who represented the family of Nicole Brown in their successful wrongful death action against O.J. Simpson, and was hired by the family of missing teen Natalie Holloway, all have been retained by Savio's family.

"Since the court entered an order appointing Chrystel Gavlin as the GAL, I was surprised to hear that the co-executors believe that they have the authority to file a wrongful death case," Brodsky said in his letter.

Brodsky went on to quote case law. "For Mr. Kelly's benefit, as he is from New York, and is not expected to be up on the nuances of Illinois law."

Savio was found drowned in her dry bathtub in March 2004. A coroner's jury ruled her death accidental, but after Peterson's fourth wife, Stacy, vanished in October, Savio's body was exhumed and additional tests were performed.

A forensic pathologist then concluded Savio was the victim of a homicide.

The state police have labeled Stacy's disappearance a "potential homicide" and named Peterson a suspect in the case.

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