Attorneys contend a former Bolingbrook police sergeant’s mental state seems to have deteriorated further since last year as they deal with his bid to vacate his murder conviction.
Attorneys with the Will County Public Defender’s Office have renewed their request for a neuropsychologist to evaluate the mental fitness of Drew Peterson, 71.
Peterson was convicted of the 2004 murder of his third wife, 40-year-old Kathleen Savio.
Peterson’s attorneys want an evaluation because of their concerns regarding his ability to pursue a post-conviction petition that asks a judge to vacate his murder conviction.
In the petition, Peterson alleged he received ineffective legal representation and he believed prosecutorial misconduct occurred in his case.
Will County Judge Jessica Colón-Sayre will consider the defense request for a neuropsychologist at a May 27 court hearing.
Jason Strzelecki, one of Peterson’s attorneys, filed a motion on April 3 that detailed the legal issues with his client’s mental fitness.
Strzelecki contends Peterson is “incapable of relaying his allegations of constitutional deprivations” to his attorneys in a manner which would allow them to “adequately and ethically submit claims” to a judge in the “context of post-conviction proceedings.”
Strzelecki said that even “setting aside the fact that [Peterson’s] mental state seems to have continued to deteriorate since [April 2024],” he believed retired Will County Judge Dave Carlson’s finding of no bona fide doubt as to Peterson’s fitness was “clearly in error.”
Strzelecki said a psychologist who evaluated Peterson indicated she could not form an opinion on Peterson’s fitness.
Strzelecki said that was because a “more specialized form of evaluation” conducted by a more “specialized professional” was needed to “adequately ascertain [Peterson’s] status.”
“A post-conviction defendant has a right to be fit to participate in post-conviction proceedings,” Strzelecki’s motion said.