Peterson defense attorney Steve Greenberg is now talking about Joel Brodsky’s calling Harry Smith to the stand and how it ultimately sealed the fate of Peterson.

Greenberg has said that Brodsky, who was the lead attorney, called Smith without the backing of the remaining defense attorney’s.

Brodsky is sitting in the media overflow room across the hall from the courtroom listening to Greenberg blame him calling it an “awful strategy”

“If you boil it down,” Greenberg said “This testimony was probably the most incriminating  piece of evidence against Mr. Peterson and it was brought out by the defense.”     Greenberg said that is not a “reasonable strategy.”

Attorneys for both sides in the case of Drew Peterson have been stating their case to Judge Burmila as to why Peterson should or should not get a new trial.

Arguments have been going on for more than an hour,  with the defense basically rehashing and reminding the judge what took place during the trial.

Judge Burmila has said he is willing to hear arguments until 5:30 Wednesday. It is not clear if sentencing will happen today.

If Burmila denies Peterson a right to a new trial,  the the sentencing will follow shortly after.

Drew Peterson’s defense team wants to call Will County State’s attorney James Glasgow to the stand, but are having a hard time convincing the judge.

Greenberg wants to call James Glasgow to the stand regarding a statement he made to the media outside the courthouse during the trial after Brodsky called Harry Smith to the stand.

Glasgow was quoted as calling that choice, “a gift from god.”

Greenberg says this statement would impeach Brodsky’s credibility.

A retired Cook County judge has taken the stand to discuss the conduct of Joel Brodsky during the Drew Peterson trial.

Daniel Locallo, who has experience in legal malpractice, told the court that the public relations agreement Brodsky signed into with a public relations agency was a conflict of interest. “It’s a complete violation,”  said Locallo, “ The conflict is who does Mr. Brodsky owe his loyalty too?  His pocket book or Mr. Peterson.”

Defense attorney Steve Greenberg then turned his attention to the testimony of Savio’s divorce attorney – asking Locallo, “Do you have an opinion as to whether calling Mr. Harry Smith was a reasonable trial strategy?”

“Yes, it was not a reasonable trial strategy,” Locallo said, “By calling Mr. Smith he allowed the jury to hear that someone was there as to how Savio was killed by Peterson.”

Drew Peterson is expected to talk sometime this afternoon during the sentencing hearing.

A hearing requesting a new trial for Drew Peterson is about to get underway for the second day.  Retired Judge Daniel Locallo, is expected to take the stand and give his professional opinion as to his career experience and how it was a mistake for Joel Brodsky to call Kathy Savio’s divorce attorney Harry Smith to the stand.

Locallo does not have a direct connection to this case.

On Tuesday, defense attorney Steve Greenberg called Joel Brodsky in an effort to paint him as an unethical attorney who did not have his clients best interest at heart.   Ironically, Brodsky’s calling of Harry Smith to the stand during the murder trial never came up during his testimony.

Judge Edward Burmila is expected to go directly into sentencing if he does not approve a request for a new trial.  Kathy Savio’s father, brother and sister are planning on making victim impact statements.

Will County State’s attorney James Glasgow will hold a press conference along with members of Kathleen Savio and Stacy Peterson’s family shorting after court concludes for the day.

In what has to be one of the most awkward moments of this entire Drew Peterson case, defense attorney Steve Greenberg is questioning Joel Brodsky on the stand about a public relations agreement Brodsky signed into with Glen Selig.   Selig of the publicity agency was the public relations agency that assisted Brodsky and Peterson with media interviews.

Brodsky and Greenberg have been feuding throughout the trial, which resulted in Brodsky resigning and a lawsuit against Greenberg.

Greenberg has spent his time questioning Brodsky about money he paid to a public relations agency out of Drew Peterson trust account.   Not a single question regarding Harry Smith.

Brodsky is off the stand.

The hearing will be continued at 10 a.m. Wednesday.

Sentencing expected to follow unless new trial granted.

Peterson defense attorney David Peilet has called a daily courtroom watcher to the stand.

Jennifer Spohn has testified that on the morning of August 29th Spohn overheard a conversation between Joel Brodsky and Steve Greenberg in the hallway. Spohn says they were standing just a few feet away when Greenberg said to Brodsky: “We should not put  Harry Smith on the Stand” she said. Brodsky replied: “Yes we are doing it, we need him. “

Spohn said Greenberg then said, “I filed 74 expletive motions to stop Smith form testifying and and now you are going to undo it all.”

It was Harry Smith’s testimony that sealed the fate for Drew Peterson during the trial.  Jurors had said his testimony about a conversation he had with Stacy Peterson aided their decision. Smith was called to the stand by Joel Brodsky.

Harry Smith was Kathy Savio’s divorce attorney and eventually was contacted by Stacy Peterson.

-WGN Assignment Editor, Kelly Barnicle

Drew Peterson’s hearing for a new trial has resumed at 1:30 Tuesday afternoon.

Kathleen Savio’s family is seated in the courtroom along with Stacy Peterson’s sister Cassandra Cales.

Peterson’s defense team alleges Peterson had ineffective counsel when Joel Brodsky was on the team as therefore should get a new trial.