Peterson Lawyer on Wiretap Allegations

This is a rush transcript from "America's Election HQ," July 23, 2008. This copy may not be in its final form and may be updated.

E.D. HILL, HOST : Well, with reaction to the wiretap allegations is Drew Peterson's lawyer, Joel Brodsky.

Thanks for being back with us again.


Video: Watch E.D. Hill's interview with Joel Brodsky

HILL: Again, I want to say I haven't heard this tape. As Mary Frances said, no one has, except the couple that made the tapes and the investigators they gave it to. But it is out there, that on there, he says that he's going to be acquitted before his fourth wife Stacy's remains are found. And up until now, I thought he publicly claimed she's not dead but she ran off with another man. So, isn't this kind of statement incriminating?

BRODSKY: Well, no. We really doubt that there any tapes exist. These people were supposedly working for the Illinois — at least they said they were working for the Illinois State Police and as uncover informants and wearing a wire for the police. If that's the case, there is no way that a tape exists. There is no way the Illinois State Police would have allowed them to talk to the media and talk to the newspapers about the contents of an undercover investigation. In fact, to do so is a felony under Illinois law.

HILL: Yes. But that leaks all the time, you know that.

BRODSKY: No, it really doesn't. I can't remember over 25 years of practicing law, of one time an undercover tape has ever — an informants on an undercover tape have ever talked to the media before a trial or a charge is brought, not once. So, it doesn't happen all the time. There's very strict rules on how uncover and tapes going. Just using your common sense, an informant who's got incriminating information is not going to be allowed by the police to talk to the media about what they found.

HILL: All right. Well, my common sense tells me if these two people are going out there on the record, saying they made the tapes and saying what is on those tapes, that they've handed them to investigators, either those tapes exist or they're going to be called liars by everybody who ever sees them.

So, let's talk about something else allegedly on there. Can you explain what he meant about the statement regarding his third wife who was found dead, it was initially declared an accidental drowning and he allegedly says, quote, "She was in a dry bathtub, what a bunch of blanking idiots"?

BRODSKY: I asked Drew about that. He denies he was making that statement, but what I have heard, and him and I have discussed this, was there was some media personalities, the tabloid media, television shows, where they constantly he refer to, you know, Kathleen's death as dry bathtub drowning and he's referred to them as idiots because she didn't drown in a dry bathtub. She drowned in a bathtub with water in it where the water subsequently drained out.

As to he was calling anybody an idiot, it surely wasn't the investigators. It was certain people who simply can't understand that she drowned in a bathtub full of water and that the water subsequently drained out.

HILL: Now, one of the statements on the tape, allegedly — allegedly.

BRODSKY: Allegedly.

HILL: Yes, allegedly, would certainly be a crime to some degree. One of the so-called friends says that Drew Peterson asked him to torch one of the search boats the police were using to look for Stacy. What did he say about that?

BRODSKY: Well, I asked Drew specifically and he flatly denies that. I mean, as far as he's concerned, these people can, you know, take their boats and go, you know, tooling around every weekend if they want. It's of no concern to him. He really doesn't give it much of a thought. So, that he would even care about these boats is beyond belief because I know, I've talked to him about it and he really could care less about these boats.

HILL: So, if you end up hearing these tapes, if these tapes are released and you hear him say these things, will you be shocked?

BRODSKY: Well, yes, of course, but I really highly doubt, you know, that there are tapes. I think that these people who are in dire financial situation right now, they're being evicted from their home, really try to sensationalize this to try to capitalize this, to have a story to market as opposed to anything realistic here. And I think what you're going to see over the next couple of days is that this is going to be shown to be pretty much of a hoax.

HILL: All right. Joel Brodsky, Drew Peterson's lawyer, thanks for being with us.

BRODSKY: My pleasure.

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