People v. Peterson

(Modified upon denial of rehearing 1/19/18.) Defendant was convicted, after jury trial, of 1st-degree murder of his 3rd ex-wife, Kathleen Savio. At the time of Kathleen's death, Defendant was married to Stacy Cales, who later went missing. Court's finding that Defendant murdered Stacy at least in part to prevent her from reporting or testifying about Defendant's involvement in death was not against manifest weight of evidence. Thus, no error in admission of Kathleen's and Stacy's hearsay statements at trial pursuant to doctrine of forfeiture by wrongdoing. Defendant failed to show that counsel's decision to call Attorney Harry Smith (Kathleen's divorce attorney) as a trial witness was not within the realm of trial strategy, and thus no ineffective assistance of counsel. Smith's conversation with Stacy was not subject to attorney-client privilege, as Smith had declined to represent Stacy. No per se conflict of interest arose when defense attorney Joel Brodsky entered into media contract. Court did not abuse its discretion in admitting evidence of Defendant's prior bad acts, as witness testified that Defendant offered him $25,000 to have his 3rd wife "taken care of". (KARMEIER, FREEMAN, THOMAS, KILBRIDE, GARMAN, and BURKE, concurring.)