Prosecutors dawdled too long before appealing a ruling on hearsay evidence, Drew Peterson's lawyers are claiming in a motion to be filed on Wednesday in appellate court.
"It's pretty much black and white," defense attorney Joel Brodsky said of prosecutors supposedly blowing a 30-day deadline to appeal the hearsay decision.
Peterson, the accused wife-killer and disgraced former cop, faces murder charges in connection with the death of his third wife, Kathleen Savio. He is also suspected of slaying his fourth wife, Stacy Peterson.
Earlier this year, Judge Stephen White ruled that Peterson probably killed both women, clearing the way for a substantial amount of hearsay evidence to be allowed at trial. But a recent Illinois Supreme Court decision prompted State's Attorney James Glasgow to ask White to reconsider his ruling and allow all of the hearsay evidence.
White refused and Glasgow appealed the hearsay ruling, but Peterson's lawyers claim the state's attorney blew a 30-day deadline to do so.
Brodsky said late Tuesday that his motion was "in the hands of Federal Express" and would reach the appellate court in Ottawa by this morning.
Glasgow's spokesman Charles B. Pelkie maintained that the appeal would stand.
"We believe it's a timely appeal," Pelkie said. "We believe the defense is wrong in this case. We're going to deal with this on the appellate level. We look forward to it."
Brodsky accused Glasgow of filing his appeal for no other reason than to get Judge White off the case. White is due to retire in October.
"He wanted to get rid of Judge White because Judge White was being fair and even-handed," Brodsky said. "I don't believe Glasgow wants a fair and even-handed judge. He wants a judge who will get Drew Peterson."