Savio ruling could allow family to sue Drew
MISSING WIFE | Estate move clears way for wrongful-death case
Clearing the way for a possible wrongful-death lawsuit against Drew Peterson, a Will County judge Thursday reopened the estate of Peterson's deceased third wife, Kathleen Savio -- a legal move sought by her relatives.
"From our point of view, it's very positive,'' said Lawrence Varsek, one of the attorneys representing Savio's relatives.
(Sun-Times files)
But Varsek said the relatives are still exploring their options and won't move immediately to file a civil suit seeking to tie Peterson to his former wife's 2004 bathtub drowning.
Judge Carmen Goodman in his ruling also removed Drew Peterson's uncle James Carroll as executor of Savio's estate, which included a $1 million life insurance policy for her two sons with Peterson. The judge replaced Carroll with Savio's sister and father -- then also appointed a legal guardian to represent the interests of Savio's children, who are now 13 and 15.
Kathleen Savio, 40, was found drowned in a bathtub in her Bolingbrook home on March 1, 2004, shortly after divorcing Peterson -- though the financial settlement of their assets was still pending.
Her death originally was ruled an accident. After Peterson's fourth wife, Stacy, vanished last October, authorities reopened their probe of Savio's death and concluded it was a homicide. Peterson hasn't been charged criminally in either case, though authorities have labeled him a suspect in Stacy Peterson's disappearance.
Drew Peterson likely will appeal the ruling issued Thursday, said attorney Joel Brodsky, who contended that Savio's relatives want her estate reopened "because they have ulterior financial motives."
And the 54-year-old former Bolingbrook police sergeant isn't concerned about a wrongful-death suit being filed, Brodsky said.
"There's no evidence that Drew had any involvement in Kathleen's death,'' Brodsky said.
In a separate ruling, another Will County judge refused to order authorities to turn over 11 of Drew Peterson's guns to his son. The weapons were taken by police during a search of Peterson's house last fall.
Judge Richard Schoenstedt originally agreed to allow Peterson to reclaim the weapons, but authorities quickly blocked that move by revoking Peterson's firearm owner's identification card. Peterson then sought to have the guns returned to his adult son Stephen, an Oak Brook police officer.
Schoenstedt declined to do that Thursday, noting State Police took the weapons as part of an investigation that is still under way.
"The state is still investigating possible criminal conduct," Schoenstedt said.
Contributing: Joe Hosey