Tuesday, May 13, 2008

Cheri Webb Auditioning For A New Walking Tall Movie? ~ by Star Girl


Cheri Webb is a Jacksonville mother who is accused of using really poor judgment. She was recently accused of giving her daughter a stick and encouraging her to fight another girl at a bus stop. According to police, more than one person may have broken the law on the occasion in question. Johneishia Ervin, 13, told local T.V. station Channel 4 that she was walking to her bus stop on Thursday morning when another girl attacked her with a stick. According to Johneishia, she was hit several times by the girl with the stick and then Cheri Webb allegedly joined in the attack.


"Her momma grabbed me and put my hands behind my back and started beating me and let her daughter hit me," accused Ervin. A photo of Ms. Ervin shows a scratch on the forehead and possibly some bruising. Johneishia's mother, Felecia Ervin, is upset because, "... they could've beaten her and left her there for death."

Jacksonville Sheriff's Office police report said that Webb's daughter told her mom the evening before the fight that she was going to tangle with Ervin. Apparently, after the fight, Webb took her daughter to school. Later, Cheri Webb was as if nothing had happened. Cheri Webb was subsequently arrested and charged with aggravated battery.

Cheri Webb claims she is innocent. She told police she stepped in to break up the fight after it got out of hand. Webb denied giving her daughter the stick and denied any criminal intent. Webb is presumed innocent until proven otherwise.

Monday, May 12, 2008

Contrasting Sunset Weddings ~ by Jill







A story of two contrasting weddings. One in Crawford, Texas with a beautiful Texas sunset in the background. Another at Rose Medical Center in a sterile hospital setting. Jenna Bush and Henry Hager said "I do" this past weekend and so did Roxanne Velasquez and David Lowery.
Jenna, 26, married Henry Hager, the son of a Virginia Republican. Jenna Bush wore a white silk organza Oscar de la Renta gown. Roxanne Velasquez wore a black and white dress from Target.

Jenna stood with Henry before a beige-colored cross and altar made of Texas limestone with a sunset in the background. Roxanne stood by her man's hospital bed at a time that he is in the sunset of his life. David removed his oxygen mask for the celebratory kiss. Bush family friend Rev. Kirbyjon Caldwell of Houston officiated the vows in front of 200 family members and friends. A last minute minister conducted the Lowery wedding ceremony in front of nurses, orderlies and a handful of friends.

Jenna Welch Bush and Henry Chase Hager have what seems a long bright future. Roxanne Velasquez and David Lowery have only so long as the terminally ill Lowery shall live.
Update 5-13-08: Friday, David Lowery and Roxanne Velasquez said I do in the ICU at Rose Medical Center. At the time, Lowery was near death. Lowery battled rheumatoid arthritis for many years. Recently, his lungs started to fail. Saturday, which should have been his honeymoon, was instead the day Lowery passed with the setting sun. David Lowery, may you R.I.P.

Thursday, May 8, 2008

Stress From Medical Malpractice Case Causes Doctor To Develop Angina; Doctor Face Elevated Stress and Suicide Rates?


A strange reminder awakened interest late Thursday afternoon during this week's jury trial. An 83 year old defendant had severe angina while walking down from the witness stand following his cross examination. This particular defendant was a doctor being tried for medical malpractice. His co-defendant, another doctor, came to his aid and instructed him to take an aspirin. ( A good tip for most experiencing angina. Aspirin is thought to prevent platelets from clumping together and causing heart damage.) Thankfully, the doctor recovered well enough to attend the last day of trial and see his name (and of the co-defendant) cleared by a favorable jury verdict. While this particular physician has a strong will to live: I could not help to be reminded how stressful the medical profession can be for those involved.

A rarely talked-about paradox exists: doctors are trained to save lives; however, that same training can make physicians efficient at ending their own lives. Approximately 300 to 400 U.S. doctors kill themselves each year. That is thought to be a higher suicide rate than the general population (except perhaps for Washington D. C. prostitutes who threaten to publish names of their famous clients.) One hypothesis is that mental illness is magnified in a profession that elevates and glorifies physicians up to hero status. In such a system, admitting psychiatric problems could be tantamount to exposing Superman to kryptonite and thus constitute a career ending flaw. Consequently, the physicians often go untreated for depression or other mental illness.

What happens when depression becomes too much? Unlike the normal population, doctors have access to prescription drugs. They also know the correct dosage to stop pulmonary and cardiological function. The American Medical Association labeled physician suicide as "an endemic catastrophe." The American Foundation for Suicide Prevention has initiated an educational program to help troubled doctors. Unfortunately the AMA does not officially publish suicide statistics. However, men in the U.S. are thought to be four times more likely to commit suicide then women. It is estimated that 23 per 100,000 men will commit suicide. However, when it comes to physicians, male and female suicide rates appear to be equal.



Is there a solution to stress reduction for physicians? From a legal perch trying to peer into the tight nit medical profession, one suggestion would be to avoid medical malpractice trials. Of course, if that happened, some lawyers would need to look for another job.

Wednesday, May 7, 2008

Scrutinizing The Microscopic View of Drew Peterson. Update Time Line & Gun Arrest Update 7-16-09 Update 11-4-2011: Detention


Drew Peterson lives under a microscope, perhaps unlike any one else. Whenever Peterson opens his mouth, it hits the media. Now, the former Bolingbrook police sergeant who is a suspect in the disappearance of his wife makes the news for a traffic stop. Peterson was apparently stopped in Naperville, Illinois for speeding early Saturday morning. Drew was apparently on the way to meet a young woman (she apparently works at a tanning salon and may have needed a ride.) Peterson apparently was stopped at 2:30 a.m. on his way to help the 22-year-old damsel in distress according to the Sun-Times. Peterson did not get a ticket. He did; however, get a warning.

While Peterson remains a suspected in the October 2007 disappearance of his wife, Stacy, he has not been officially charged. Why? Perhaps one reason is that the prosecution's case may rest in large part on the testimony of Tom Morphy, Peterson's step brother. Apparently, Illinois State Police hypothesize that Tom Morphey may have helped Peterson load a blue barrel into a vehicle on October 28th. (This is believed to be a day after Stacy is last seen. The very next day, apparently Thomas Morphy overdoses on three anti-depressants and alcohol. The drugs are believed to be Zoloft and Xanax. (Others, in the comments, speculate it is because Stacy Peterson is not dead. They opine that she may be in protective custody or well hidden away from Drew. Again, this is pure speculation and assumes she is a key witness in Kathleen Savio's death.)
As the story goes, Tom Morphy is taken by paramedics to Edwards Hospital. Rumors continue to fly as to whether or not Tom Morphy is a credible witness for the prosecution. Joel Brodsky, in an exclusive interview with Legal Pub, apparently denies that a blue barrel was ever in Peterson's possession. Apparently, there are no receipts documenting the acquisition of the "blue barrel." Joel Brodsky goes on to add that "Morphy" may have a drug problem and may be in rehab. Attorney Brodsky has supplied some photos to Legal Pub which could be Tom Morphy. One of the photos is displayed above. (There does not appear to be anything particularly unusual about the photo in and of itself.)

The other photo is less clear and is not published at this time. It looks to be a man similar in appearance to Morphy with what appears to be a pipe. There is no way to tell what is in the pipe. The authenticity and dates of the photos are not verified by Legal Pub. The photos in and of themselves appear to offer little evidential value without corroborating testimony. Nevertheless, if in fact Morphy is to be the star witness of the prosecution, it may be understandable why they have yet to file formal charges against Peterson.
Update 5-13-08: Is it possible that Stacy Peterson is in protective custody as some posters have suggested? Will she be a surprise witness in a trial involving the murder of Kathleen Savio whose death has been ruled a homicide?
Comment 168 has a Drew Peterson Timeline!
Update 5-20-08: Is grand jury testimony nearing its end? Some expect a decision soon. Others say, no body no indictment as to Stacy. See comments 200-230.
Update 5-21-08: Peterson is arrested for having an illegal weapon. The barrel was too short. D.P. claims is was a gun he owned when he was a police officer. His son posts $7,500 and Peterson is bonded out of jail.
Update 5-22-08: Joel Brodsky shared his press release concerning the gun charge. "The allegation is that Drew Peterson had in his possession an AR-15 assault rifle that had too short of a barrel. According to Illinois law, the barrel of a rifle may not be shorter than 16 inches. State police say this particular weapon had a barrel that was 3/8 of an inch too short. This weapon in question was used by Drew while he was a Bolingbrook, Ill. police officer. Under Illinois state law, police officers are exempt from barrel length requirements for duty weapons. And this particular gun was registered as one of Drew's SWAT duty weapons.
Authorities seized the weapon in question while Drew was a sergeant and a member of the SWAT team in the Bolingbrook Police Dept. He did not resign until after the weapons were seized by authorities. This is nothing more than an attempt by state police to avoid returning guns to Drew that had been seized as evidence."
Update 3-6-09: Drew Peterson best be careful. Christina Raines is his 24-year-old " fiance." She reportedly has moved back in with Peterson. Previously, Christina Raines told CBS’ “The Early Show” that her engagement to the 55-year-old former Bolingbrook police sergeant had been a publicity stunt. But now that they are back together, she has retracted her statement and said that she was engaged to Peterson. But what assurance does Peterson or his attorney, Joel Brodsky have that Raines is not working with the authorities as an informant?
It makes sense that this could at least be a possibility. Afterall, what beautiful 24 year old lady is going to agree to be Peterson's 6th fiancee? No offense to Drew as he has not been convicted of any crime at this point, but he is 55 and has been married four times. That alone would put most women on guard. Perhaps love is the sole motivation for Christina Raines. But if you were a suspect under police scrutiny, wouldn't you at least consider some other possibilities?
Update 4-24-09: Attorneys for the family of Kathleen Savio have filed a wrongful-death lawsuit Tuesday against Drew Peterson. A grand jury has been investigating the death of Peterson's third wife, Kathleen Savio, and the disappearance of his fourth wife, Stacy Peterson, since November 2007. Savio's family apparently grew impatient and filed the civil case despite the fact that Peterson has not been charged in either case. For some, this may be seen as an example of greed and interference with our criminal court system of justice. For others, it may be seen as a quest to take control or to gain notoriety. Peterson's kids were on the Today Show. And guess what, they apparently do not approve of the civil suit!
Update 5-7-09: Drew Peterson a suspect in the 2007 disappearance of his fourth wife, was charged Thursday with murdering his third wife. Kathleen Savio , died in 2004. Originally her death was ruled an accident. His second wife, Stacy Peterson, has subsequently vanished. According to Will County State's Attorney James Glasgow , Peterson, 55, was charged with two counts of first-degree murder in the death of Kathleen Savio. The gauntlet has been thrown down!
Update 5-22-09: A preliminary autopsy was unable to identity whether the partial skeletal remains found on the bank of the Des Plaines River, less than 30 miles from the homes of two missing Illinois women, was in fact the body of a woman. Will County Coroner Patrick O'Neil will undoubtedly have to await DNA testing results before the remains will be identified. In the interim, forensic examination was inconclusive as to identity, race or sex. The remains consisted of a rib cage, spinal column and partial left and right femur. Shreds of blue jeans and a small amount of money were also found. DNA results should be available within 15 days. Illinois State Police Sgt. Tom Burek indicated that Michelle Williams previously discovered a blue barrel in Channahon, Illinois, along the river. Conflicting reports have surfaced as to whether the barrel matches the description of the "blue barrel" Tom Morphy claims he helped moved. Peterson is not alone in the hot spot: Peterson pleads not guilty ; Woman evicting husband also disappeared.

Stacy Peterson disappeared in October 2007 and Peterson claims that he is totally innocent. Drew Peterson has also plead not guilty in the death of his third wife, Kathleen Savio. Channahon (where the remains were found) is 15 miles from Plainfield, Illinois, where Lisa Stebic was last seen in April 2007. On the day she went missing, she petitioned to have her husband, Craig, evicted from their home. Craig Stebic is a suspect in his wife's disappearance. Keep in mind all suspects are to be considered innocent unless otherwise proven in court!
Update 5-29-09: The remains found last week near a blue barrel are not those of Stacy Peterson or Lisa Stebic. Testing done on the remains showed they belonged to a male.
Update 7-16-09: A comment of this date addresses the waiver of a "speedy jury trial" by both sides and the defendant and his attorney's relationship with author Derek Armstrong.
Update 9-9-09: Peterson remains in jail with an astronomical bail. State's Attorney James Glasgow apparently said during the May bail reduction hearing that Peterson tried to solicit a hit man for $25,000 to kill Kathleen Savio. 12th Circuit Judge Carla J. Alessio-Policandriotes denied Peterson's request to reduce his $20 million dollar bail. Joel Brodsky dismissed the prosecutor's allegation saying it was one of many claims to come out of the hearing that he would disprove.
Update January 19, 2010: Is Kathleen Savio finally getting her day in court? Due to a change in the law, the judge in essence will allow Savio to testify from the grave through witnesses who will be allowed to give hearsay testimony. A witness will apparently be allowed to testify how Savio discussed and wrote about her fears that her ex-husband, Sgt. Drew Peterson, would kill her. The judge can admit such hearsay evidence in a first-degree murder cases if prosecutors can prove a defendant killed a witness to prevent her from testifying. The Illinois Legislature passed the law after Peterson was named a suspect in the 2007 disappearance of his fourth wife, Stacy. Subsequently, Savio was exhumed and an investigation into her death reopened. The new law has been referred to as "Drew's Law."
The hearing is expected to last three weeks with Will County Judge Stephen White presiding. 60 witnesses may testify as to 15 alleged hearsay statements. Judge White will then decide if the jury will hear any or all of those statements when Peterson stands trial for murder. Peterson has pleaded not guilty to murdering Savio and must be presumed innocent of all charges. A trial date has yet to be set.

Update 1-20-10: Was the relationship between Drew Peterson and Savio violent?According to the A.P. Eighteen times in two years, police were called to the couple's Bolingbrook home. Savio allegedly told officers that her husband had beaten her and threatened to kill her; however, Peterson was never charged. However, Savio was charged with domestic battery. (She was acquitted.) There was a 2002 order of protection in which Savio alleges that Peterson knocked her down, ripped off her necklace and left marks on her body."He wants me dead, and if he has to, he will burn the house down just to shut me up," she apparently wrote. Can a member of the clergy at a Bolingbrook church attended by Stacy Peterson testify? In the days after her disappearance, some members of the media allged that a clergyman allegedly said that Drew Peterson had confessed to her that he killed Savio. Peterson's attorneys will attack the credibility of some if not all of the witnesses offered by the prosecution. "All it is, is rumor, innuendo and gossip," says defense attorney Joel Brodsky.
Do witnesses have an ulterior motive for their testimony? Are they unreliable people as the defense suggests? Stay tuned for the results of the hearing and the eventual trial. Again, keep in mind, Peterson is innocent until proven otherwise.
Update 2-26-10: Steve Maniaci, the boyfriend, and sisters of Savio all testified at the pretrial hearing how she feared for her life and predicted Peterson would kill her. The testimony was mostly cumulative of the 42 witnesses, saying Kathleen Savio, correctly guessed she would die under suspicious circumstances.
A pathologist called by Peterson's attorneys testified Wednesday that in his opinion evidence surrounding Savio's death points to an accident
. Drew Peterson Case. State police originally thought her death was an accident. They apparently changed their minds three and a half years later when Peterson's next wife, Stacy Peterson vanished. (Peterson faces no criminal charges in connection with Stacy's disappearance.) Maniaci told of battery and how Peterson allegedly cut his way through a garage wall into Savio's living room, disabled a deadbolt and broke into her house to pin her to the floor.
Maniaci said he originally told all of this to state police during his interviews with their investigators. But state police investigators didn't include any of it in their reports on Savio's death.

Savio's sisters, Susan and Anna Doman, told how Savio expected Peterson to kill her and disguise her death as an accident. One of Peterson's lawyers, George Lenard, revealed that Susan Doman had signed a contract for a book and movie project with media consultant Larry Garrison and writer Stephanie Good. Lenard said the contract called for Susan Doman, Garrison and Good to split the profits equally, and for Susan Doman to be paid at least $30,000 if the book was made into a movie.
Assistant State's Attorney John Connor pointed out that Susan Doman gave similar statements during a May 2004 coroner's inquest before any book deals.
Update 4-30-10: Lawyering up. Drew Peterson has added Chicago defense attorneys Steven Greenberg, Ralph Meczyk and Darryl Goldberg to his defense team. The three join Joel Brodsky, his partner Reem Odeh and attorney Joseph Lopez. Peterson will be tried in June for the alleged murder of his third wife Kathleen Savio in 2004.
Update 9-30-10: Reem Odeh, one of eight lawyers on the Peterson defense team, filed a motion to withdraw her appearance citing "irreconcilable differences with defense counsel Joel Brodsky." Brodsky told the media: "I guess it's a case of, 'You're fired,' 'No, I quit.' " This is not all that unexpected when you realize that Odeh and Brodsky were law partners for years but ended their partnership in May. Peterson has been in jail since May 2009 while he awaits trial on murder charges concerning his third wife, Kathleen Savio.
Update 2-18-11:
Attorneys argued the controversial hearsay law that may allow Peterson's deceased wives to testify from their grave. The Illinois appellate court allowed the oral arguments to be broadcast live for the first time in state history. The Third District Appellate Court allowed WGN-TV to film the arguments of counsel.
Update 11-4-11: The court's most recent rulings should trouble any citizen who believes that our system of justice presumes innocence. Recently the Illinois Supreme Court denied Peterson's request to be released from jail
while prosecutors appeal a critical evidential ruling.
No one can deny that the proprietorial appeals have delayed Peterson's trial for more than a year while he sits in jail subject to 20 million dollar bond.

The trial was suppose to start 14 months ago but Will County State's Attorney James Glasgow decided to appeal a judge's ruling barring several hearsay statements allegedly made by Peterson's third wife, Kathleen Savio. Peterson is charged with killing Savio, who was found dead in a dry bathtub in 2004. The death was initially ruled an accidental drowning, but authorities reopened the case after Peterson's fourth wife, Stacy, disappeared in October 2007. Drew Peterson has not been charged in Stacy's disappearance and he denies wrongdoing in both cases.

"A defendant shall not be held in jail or to bail during the pendency of an appeal by the state ... unless there are compelling reasons for his continued detention or being held to bail." Despite this law, Peterson is held in Jail all this time because he is allegedly a "threat to society." The Supreme court has yet to rule on the hearsay statements; however, an appellate court ruled that Glasgow missed the 30-day appeal deadline to try to overturn a trial court's decision barring 8 of 14 hearsay statements. In the mean time, Peterson has been in jail since his May 2009 arrest. Does there still exist a presumption of innocence until proven guilty in Illinois? I submit even those most staunch in their beliefs that Peterson should be held accountable recognize the need for a presumption of innocence. Keep in mind, another convicted man was recently freed on DNA testing. Michael Morton; Raymond Towler ; James Bain

Mistakes need to be made in favor of liberty and not detention.


Tuesday, May 6, 2008

When is an Animal Unreasonably Dangerous? Sometimes It is More Clear...


A Legal Pub reader Nikki B. reports that her two dogs have been unjustly accused of being dangerous and having attacked a person. The reader claims her dogs did not attack anyone and have been taken into custody without due process. According to Nikki, Fred Forbes, the Interim Division Chief in Jacksonville, Florida will make the final judgement regarding "Ginger and Nyla." Legal Pub responded to Nikki B. that she consult a lawyer in her local community (Jacksonville) as Legal Pub can not represent her in Florida. Perhaps a follow up story can be written after Nikki gets competent legal representation for her dogs in her local jurisdiction. In the interim, Nikki's problem reminds readers that some times animals are dangerous. For example, in Racine, Wisconsin, a dog was believed to be playing with a toy gun. But the toy turned out to be a loaded semiautomatic handgun!

Police speculate that the gun may have been tossed there by 22 year old Sergio M. Pegues who was fleeing police on Thursday night. Sergio was apparently wanted on a felony probation hold. An individual took the gun from the the dog. While the man was entering the house, he apparently dropped the gun and it discharged when it hit the floor. Police were called to the house and they took custody of the gun. There were no injuries. Pegues was later arrested and charged with possession of marijuana, disorderly conduct and obstructing an officer. Charges carry a maximum penalty of 4 1/2 years in prison and a $21,000 fine. Sergio, like all suspects, including Nikki B's two dogs, are innocent until proven guilty. See The Journal Times, http://www.journaltimes.com/ for more information.

Friday, May 2, 2008

Susan Mandel, Allergic Mom, Grabs Attention of the New York Law Journal ~ by Ms. Calabaza Editor update 6-26-08

While the Chief editor of Legal Pub is out being a real lawyer (trying a jury trial), Ms. Calabaza once again steps up to the plate and knocks one out of the park with a great story idea from the New York Law Journal.

Susan Mandel, Allergic Mom, Grabs Attention of New York Law Journal `by Ms. Calabaza

Domestic disputes can take many forms. Susan Mandel has claimed that she is allergic to her ex-husband's cat and as a result the couples two children should not visit their father's home. A Long Island, N.Y., judge (Acting Supreme Court Justice Hope S. Zimmerman ) has denied her request. Justice Zimmerman stated in Mandel v. Mandel, 203448/06, that there was no "legal or factual basis to exclude the children" from their father's apartment. The cat is an 18-month-old orange and white male tabby named Indie. The couple is in the process of divorcing.

In the summer of 2007, Ms. Mandel testified that she was hospitalized with a "severe attack brought on by exposure to the cat through the children." Since then, the children have not visited their father at his apartment. Mr. Mandel testified that his ex wife did not object to the children visiting him at the home until he stopped paying the mortgage on the marital residence.

Justice Zimmerman instructed that Ms. Mandel should "make a change of clothes available in the garage for the children." In turn, the children will take "the reasonable precaution" of changing their clothes before re-entering their home after visits with their father.

Jeffrey S. Schecter represented Mr. Mandel.
Mark O. Wasserman represented Ms. Mandel.

Ms. Mandel apparently had no further comment. Perhaps the cat has her tongue?

Update 6-26-08: Susan Mandel has apparently stopped by and given us an exclusive insight into her side of the story. Readers are encouraged to read comment number 9!

Thursday, May 1, 2008

Legal Pub Exclusive Interview With Attorney Joel A. Brodsky, Drew Peterson's Lawyer With 5-3-08 Follow Up ~ by Legal Pub



Legal Pub is a firm believer in our Constitution and our system of justice's fundamental principle that all suspects are innocent until proven guilty. Legal Pub has been granted an exclusive interview with Attorney, Joel A. Brodsky, a creative criminal defense attorney. Joel is a partner with Brodsky & Odeh located at 8 S. Michigan Ave., Ste. 3200 in Chicago, Illinois. Joel's recent publicity has come as being the lead defense attorney for Drew Peterson. Joel has, in our observation, been treated unfairly by the Nancy Grace Show by interrupting him without allowing him to fully answer questions. Joel took the time on 4-30-08 to answer the following exclusive Legal Pub Questions:
Legal Pub: Joel, we welcome your contribution to a balanced presentation of the facts. I think this forum provides an opportunity for the balance our system of justice contemplates. How about answering a few questions for our readers. First, How is Drew holding up under all the intense scrutiny?
Joel: It’s getting better over time. Initially the stress caused him to loose 30 pounds. Now that he knows that his children are safe and secure and are doing well, and the media trucks are no longer in front of his house from 4am to 10pm, he is pretty much back to a tolerable state of mind. Of course he is still concerned about possible charges and the threat of a civil suit adds to that stress, but the knowledge that he didn’t do anything wrong is comforting.

Legal Pub: Does the prosecution have any record that Drew ever purchased one or more containers?

Joel: No. The whole blue barrel / blue container is a fiction. It never existed.

Legal Pub: Has their been any communication from Stacy, telephone calls, post cards etc? Joel: None.

Legal Pub: Have their been any claimed sightings of Stacy?
Joel: Many. I am attaching the Thailand sighting which has pictures. Your readers can make up their own mind on that sighting. (Editor's notes photos are above.)

Legal Pub: How are the children doing?
Joel: Great. The high school freshman is 1st in his class of 2000, he is in senior level band and also is involved in sport. His 8th grader brother is also #1 in his class. They are bright and well adjusted. The younger kids, 2 and 4, and very happy and well adjusted. Drew is a great dad. Nobody can legitimately say he is not.

Legal Pub: What was the basis for the judge not returning Drew's guns?
Joel: The judge did order the guns returned to Drew, but the State Police then revoked his Illinois gun permit, so the return was put on hold.

Legal Pub: John Darwin was missing for several years and presumed dead. He turned up alive having assumed another identity. Is Drew still confident that she ran off with another man?Joel: Yes he is. That’s what Stacy told him.

Legal Pub: Did Drew know the man whom she thinks Stacy ran off with?
Joel: He doesn’t know who she ran off with, so he doesn’t know if he ever met the person or not.

Legal Pub: What made Drew suspect that Stacy was seeing someone else?
Joel: After she ran off we discovered racy (very sexual) text messages on Stacy’s old cell phone. Also, the State Police also disclosed that they discovered a sexual e-mail on another cell phone which Stacy had from yet another man. However, prior to Stacy leaving Drew did not suspect that there was another man. The text messages discovered after she left came as a shock to him.



Legal Pub: Is there any background of Stacy having a head injury, amnesia or stroke? Anything like that run in the family.

Joel: No. But Stacy’s mother also ran off and disappeared while Stacy was a child. She has never been found.

Legal Pub: While many of us assume that Kathy S. died accidentally as the original coroner concluded, what physical evidence does the prosecution think is contrary to the opinion of an accidental death.

Joel: We know of no new or additional physical evidence. We believe the coroner changes his finding based on the same evidence that earlier warranted an accidental finding because of politics. The coroner is an elected county position and there is an election coming up in a few months.

Legal Pub: Has Drew received death threats? How many?

Joel: Yes. Dozens.

Legal Pub: Did the grand jury finally reach a conclusion as to whether to indict? If not, when might they make a final decision?

Joel: The grand jury lasts 18 months and then a new one can be convened for another 18 months. The investigation can go on for years. So far there has not been a vote by the grand jury either way.

Legal Pub: Has Drew received unfair publicity?

Joel: Yes. Just watch Nancy Grace as an example.

Legal Pub: Thanks for your time.

Joel: Thanks again for a balanced coverage.

5-3-08 In response to readers questioning Joel Brodsky's handling of the case, Joel provides an exclusive Legal Pub Update.

Joel: I wish to address the person who says my peers are questioning my handling of the case. So far, in court, I have been successful, getting my client the property taken by the state back (police had to resort to illegally revoking the gun permit to keep Drew from getting the guns). The only criticism I get, and the criminal defense bar is split on this issue, is that I let my client give a total of four (4) controlled interviews, and make a number of sound bite comments on certain issues. The “rule book” in criminal cases is for the client to say nothing. This is what I call the “standard model”. I have given this a great deal of thought, and talked to many other lawyers about this, (including my excellent co-counsel, Andrew Abood of the Abood Law Firm of East Lansing Michigan, and my partner the very sharp Reem Odeh). My conclusion is (and its my decision), that the standard model does not apply in extremely high profile cases in the post O.J. world. The O.J. Simpson trial changed everything. It made and broke big time media careers, and consequentially made the media, and by extension public perception, an additional party in extreme high profile cases. Now, in these rare cases, the media and its influence is in the courtroom and jury room. Therefore, the media must be addressed and engaged in these extreme cases. Examples: (1) Scott Peterson did 3 short tv appearances (I wouldn’t call them interviews) before he was named a suspect and then he remained totally silent. He was convicted. (2) Robert Blake and Michael Jackson both did media interviews. Michael Jackson even produced a TV special on his case to counter some bad publicity, and Blake did an interview from his jail cell without his lawyer present as well as other interviews. Both these men were acquitted. I could go on for a long time on this issue, as well as spell out the problems that my clients media appearances before I came into the case created, and how our media strategy addressed these issues, (one for example which I call the white noise effect), but suffice it to say nothing we do is hap hazzard, or done for publicity or to satisfy some psychological need of my client. A good lawyer thinks like a chess player, looking 5 to 10 moves into the future for each move he does now. I am a good lawyer.