Joe Lopez said Drew Peterson's first response to learning of Kathleen Savio’s death is telling.
“'What am I going to tell my children,'“ Lopez said. “Those are the first words out of his mouth.
“They (the state) are trying to nail Jell-O to a tree. It's an accident.”
As for the blue towel that was not seen by the first people to enter the bathroom but is seen in crime scene photos, “It's a fallacy,” Lopez said. “The state presented it in order to divert your attention for the original issue, that Kathy's death was an accident.”
When Drew left the upstairs, “the towel wasn't there. The last time anybody saw Drew Peterson upstairs, the towel wasn't there.”
12:35 p.m. Lopez dismisses financial motive
As for a financial motive, defense attorney Joe Lopez said there “there wasn't even a determination that she was going to get the pension!”
Lopez began reading from the divorce record showing Drew Peterson agreed to allow Kathleen Savio to potentially claim a larger share of his pension, prompting an objection from the state.
Judge Edward Burmila ordered the jury out of the courtroom, and the state complained the document Lopez was using was not admitted to evidence.
Lopez argued it was agreed to under a stipulation, and that he should be able to refer to it in argument.
“I'm not asking that it go back to the jury, I'm only asking to refresh the jury's memory about it,” he said.
Burmila said he could refer to testimony about the document, but sustained the state's objection about the use of the document.
12:30 p.m. Savio home was peaceful, quiet
Drew Peterson attorney Joe Lopez said in the close-knit neighborhood where Kathleen Savio lived, it is unlikely that a life-and-death struggle would have gone unnoticed on Saturday night or early Sunday morning, the time prosecutors have implied that Savio was murdered.
“Nobody hears anything coming out of that house,” Lopez said. “There's no dogs barking, no doors slamming. It's peaceful and it's quiet.”
12:20 p.m. Lopez: Peterson has nothing to hide