This is a rush transcript from "On the Record," May 7, 2009. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: This is a "FOX News Alert." It has happened, former police sergeant Drew Peterson in custody, under arrest and indicted for the murder of his third wife, Kathleen Savio. Now, as you know, Peterson is also a suspect in the disappearance of his current wife, his fourth wife, Stacy.
Moments ago, police announced the indictment.
(BEGIN VIDEO CLIP)
CAPT. CARL DOBRICH, ILLINOIS STATE POLICE: Today, Drew Peterson, age 55, of 67 Chase Court in Bolingbrook, Illinois, was arrested by the Illinois State Police on a warrant based on an indictment by a Will County special grand jury for the 2004 murder of his third wife, Kathleen Savio. Drew Peterson was taken into custody without incident by Illinois State Police officers in Bolingbrook at approximately 5:35 PM this evening.
JAMES GLASGOW, WILL COUNTY STATE'S ATTORNEY: The grand jury that was impaneled to meet on Thursdays to investigate the death of Kathleen Savio and the disappearance of Stacy Peterson returned a two-count bill of indictment today charging two counts of first degree murder, one on the theory of intentionally killing, the second on knowingly doing an act to cause great bodily harm. I appeared before Judge Daniel Rosak (ph) this afternoon and requested a bond in the amount of $20 million, which Judge Rosak granted without question.
(END VIDEO CLIP)
VAN SUSTEREN: Joining us by phone with more is Kat Bockli of Myfoxchicago.com. Good evening, Kat. And is there any indication from the police what the evidence is that connected this man to the crime, other than the fact that wife number three was found dead in a bathtub, now determined to be caused by homicide?
KAT BOCKLI, MYFOXCHICAGO.COM (Via telephone): We don't have that exactly yet. We do know that he was taken at about 5:35 right near his home in Bolingbrook, Illinois. He was taken just right -- he came home. Just right after he pulled out of the driveway, they stopped him at Weber and Lilly Cache Roads at a traffic stop and took him to Lockport Detention Center and then transferred him to Joliet Detention Center, which is where he is now.
VAN SUSTEREN: We also saw a picture that it appeared that the police or the sheriff's department was taking evidence or searching the home. Were they -- I know they took the children out, but did they search the home again?
BOCKLI: There actually are still officers searching right now. At a little bit earlier on, we heard there were as many as six there. So we know that there are several people still at the home doing a search.
VAN SUSTEREN: Now, it's sort of curious that they're doing that search. They have conducted other searches, actually quite extensive searches, at the home at a time that was in close proximity to the disappearance of Stacy, his wife number four. Do you know what they're looking for specifically tonight?
BOCKLI: We don't know specifically, but we do know -- we have somewhat of an idea. We had documents dropped off to Foxchicago News with an outline of what they are working on to be able to indict Drew. So we do know that they have a long list of 59 leads of how they were going to arrest him and that Drew's name showed up the most out of that, out of those leads.
VAN SUSTEREN: Well, what was -- I mean, what was the specific evidence? I'm having a hard -- I mean, I -- look, I'm suspicious of Drew Peterson, but what is it that -- what's the real evidence? I mean, what is it that they say link (ph)? It's not just their theories, but what's -- what have they got?
BOCKLI: Well, they do -- I mean, like I said, they're searching the home now. They do -- they're looking and trying to find -- I'm not exactly sure what -- evidence they have, but I do know that now that he's out of the house and that they've taken the children out that they're going to do the rest of the search that they have, and they -- and that's what they're doing now.
VAN SUSTEREN: Kat, thank you.
BOCKLI: You're welcome.
VAN SUSTEREN: Joining us live is Drew Peterson's neighbor, Sharon Bychowski, who we've had on the show a number of times. Nice to see you, Sharon.
SHARON BYCHOWSKI, FRIEND OF STACY PETERSON: Nice to see you, Greta.
VAN SUSTEREN: Sharon, you must have been quite stunned today be it's been rather quiet, but all of a sudden, your neighbor is -- essentially, drives away and then gets stopped by the police and gets hauled off. Surprised you?
BYCHOWSKI: No, not really. We had heard that this may happen today from different sources of the media. And as the day went on, we were starting to wonder if it was going to. And then as he pulled out, we saw quite a lot of activity of cars chasing him, so we knew that this was it.
VAN SUSTEREN: All right, you live directly next door. So tell me what's going on at his home behind you? They're still searching it? The police are still there?
BYCHOWSKI: Yes, they are. We see a lot of the Illinois State Police here, and yes, they are still in his home at this time.
VAN SUSTEREN: Where are the children? He's got -- and first, how many children does he have?
BYCHOWSKI: He has four underage children that were taken very tactfully by the Illinois police to the Bolingbrook village, and they were to be picked up by Stephen (ph) Peterson, from what understand from sources at the village, so that they would be safe.
VAN SUSTEREN: Who's Stephen?
BYCHOWSKI: Stephen is Drew's older son, who's also the police officer of Oak Brook (ph).
VAN SUSTEREN: What's Drew been doing? He hasn't had a job since he retired from the sheriff's department, right? He's been without work?
BYCHOWSKI: Well, you know, he plays his Daddy/Mom and -- to each of the kids. But actually, the children have been left in the street by theirself all the time, so we've been watching that. We don't know what he does all day, but he at night has been having a good time partying. But I think tonight, Greta, his party is over.
VAN SUSTEREN: I think that's probably true. Now, the other disappearance, your friend, Stacy, his wife number four -- where is that half brother or stepbrother who we heard helped carry something out of the house the day Stacy disappeared? Where is he in this?
BYCHOWSKI: Actually, he was with me all day today. And he actually stayed with me so I wasn't in my home alone because we had heard this was going to come down. And he's going on to be testifying for -- that blue barrel. So he is right there with the rest of us.
VAN SUSTEREN: What did he tell you about the blue barrel that day? What time did he take it out of the house, and what'd he tell you about the barrel?
BYCHOWSKI: He just told us that he didn't know at first it was Stacy, and the rest he's really going to leave up to testimony. And you know, he just -- he really feels bad that there was nothing else he could have done. But he's going to leave his testimony up to the trial itself.
VAN SUSTEREN: Did he tell you where he thought the barrel ended up?
BYCHOWSKI: You know, Drew drove away that night and left him behind. So no, he really doesn't know.
VAN SUSTEREN: What makes him now think that Stacy was in that barrel?
BYCHOWSKI: You know, he feels that it was heavy enough, about 150 pounds, and so that he was confident, as they loaded it, it was -- it was Stacy.
VAN SUSTEREN: And so he -- and he has no clue where Drew Peterson took that barrel.
BYCHOWSKI: No. He dropped him off, and he went on with the barrel in the back of the Denali.
VAN SUSTEREN: Has he had any sort of friendship or relationship at all with Drew Peterson since he began cooperating with the police, which was some time after Stacy disappeared?
BYCHOWSKI: No, he doesn't talk to Drew at all. As a matter of fact, Drew has done many, many things to try to discredit him and his testimony. But it's not going to work because everybody's very clear on how they feel about this, including all the witnesses, and we're determined to bring Stacy home. You know, today was a victory because the Savio family will start to have the justice they deserve. But it's not a victory for Stacy because we don't have her home yet. And until then, it's a hollow victory.
VAN SUSTEREN: Sharon, thank you. Good evening.
And forensic pathologist Dr. Michael Baden performed the autopsy on the exhumed body of Kathleen Savio that turned this investigation upside- down. Dr. Baden joins us live. Dr. Baden...
DR. MICHAEL BADEN, FORENSIC PATHOLOGIST: Hi, Greta.
VAN SUSTEREN: ... I have -- good evening. I have said, and correct me if I'm wrong, but that first autopsy report that was conducted, when I looked at it and read it before you did your autopsy and the body was exhumed -- that it was laughable. Is that overstating it?
BADEN: Well, I think it's overstating it. I think the first autopsy that was done in March of 2004 identified a number of bruises, a number of injuries, and drowning in the tub. It was the coroner's jury that determined it was an accident and not a homicide. But the first autopsy did identify injuries, which we then...
VAN SUSTEREN: But let me ask you this. Was it then laughable that the conclusion that was reached by the coroner's jury? Because when I booked at first autopsy report...
BADEN: Yes, I remember that.
VAN SUSTEREN: ... and saw the -- saw the injuries, I thought, What's with this?
VAN SUSTEREN: And I'm not a doctor.
BADEN: You -- when you first spoke to me about it, you were very concerned that something went wrong. And I agree with you that the conclusion was wrong and -- the conclusion that it was an accident was wrong, but the autopsy itself was pretty good.
VAN SUSTEREN: Dr. Baden, it's going to have to be proven at trial. The prosecution has two challenges. One is to prove beyond a reasonable doubt that this was a crime, that this was a homicide.
VAN SUSTEREN: And the other is to prove beyond a reasonable doubt that a particular person committed it. All right, now...
VAN SUSTEREN: ... in doing your second autopsy, I assume in your business, sometimes there's -- you sort of wonder whether something might be a homicide, might not be a homicide. What is your level of certainty of your conclusion that this was a homicide?
BADEN: As certain I am of any other homicide, that she was found dead in a bathtub, evidence of drowning, evidence of being beaten up, multiple bruises on the body, most of which were found at the first autopsy, we found addition (ph), three-and-a-half years later, when we did the exhumation. And I think there's certainty as much as in any case, 99.9 percent, that this is a homicide. Whodunnit, that's not our job. The medical examiner determines what happened. In this case, time of death may be important also. But it's up to the prosecutor to determine whodunnit.
VAN SUSTEREN: Dr. Baden, thank you, sir.
BADEN: Thank you.
VAN SUSTEREN: Joining us by phone is one of Drew Peterson's lawyers, Andrew Abood. Andrew, you just heard the conversation I had with Dr. Baden. I realize that -- I mean, a really key issue in this case is whether, indeed, this was an accident or an homicide. Have you had an independent medical examiner examine the remains of Kathleen Savio?
ANDREW ABOOD, ATTORNEY FOR DREW PETERSON (Via telephone): No, we haven't been able to examine the remains. That's not something that we've been privy to at this point. But we have had independent medical qualified forensic pathologists reviewed the original coroner's report and believe that their determination was substantiated (INAUDIBLE) evidence and the conclusions as set forth in the report.
VAN SUSTEREN: All right, Andrew, who is your independent medical examiner or pathologist who made -- who reached this conclusion?
ABOOD: Well, at this point, it would be premature to disclose who our experts are, but we've consulted with a number of them.
VAN SUSTEREN: Why would it be premature?
ABOOD: Why would it be premature? Because we -- we are consulting with...
VAN SUSTEREN: Well, let me ask you this. Is it -- is it Cyril Wecht? Is it Dr. Wecht?
ABOOD: We've discussed the case with Cyril Wecht. I know that he has a copy of the autopsy, and I think that his conclusion was that the original autopsy was accurate.
VAN SUSTEREN: All right, now, we have heard -- and I don't think if this is true -- that there's some kind of a hearing tomorrow. There's some confusion. Do you know of any hearing tomorrow in this case?
ABOOD: Not that I'm aware of. Not that I'm aware of. But I assume that they're going to schedule an arraignment in short order. It could be as early as tomorrow. We're trying to potentially put that off until Monday. I don't know if you're aware that Joel was on a plane flying to New York and...
VAN SUSTEREN: Joel Brodsky was on -- Joel Brodsky being his long-time lawyer, who was on an unrelated matter going off to New York, and it happened, apparently, while he was on a plane. And your client has a constitutional right to his lawyer.
Now, $20 million bond is a really high bond for a retired police officer or someone from the sheriff's department. I take it that you're going to make some effort to reduce the $20 million, even though the underlying charge is murder.
ABOOD: Well, we've anticipated that this charge would be coming. As you know, there have been numerous times since November of 2007 that charges would be coming down. And we've researched the types of bonds that have been issued out of this court. We believe that the records and the facts do not substantiate a bond of this magnitude, and we'll be moving to reduce the bond.
VAN SUSTEREN: Since your client was arrested tonight, have you -- I won't ask you the substance of it because of attorney/client privilege...
ABOOD: No, I haven't...
VAN SUSTEREN: ... but have you spoken to him? Has he gotten a call?
ABOOD: I haven't had a chance to try and talk to him. I was notified by the media that he was arrested, and when I tried to call, I got the answering machine, voice-mail.
VAN SUSTEREN: Andrew, thank you.
ABOOD: No, thank you, Greta.
VAN SUSTEREN: Up next, the alleged murder victim is Kathleen Savio. In moments, you will hear from her sister and the lawyer for Savio's estate, John Q. Kelly.
Plus, Dick Morris, Alexis Glick and Steve Moore go "On the Record" about the results of the bank stress tests and more. We're back in two.
VAN SUSTEREN: Continuing with our breaking news coverage, Drew Peterson in jail and under arrest for the murder of his third wife, Kathleen Savio. Joining us live is John Q. Kelly, one of the lawyers for the estate of Kathleen Savio. John Q. Kelly, stunning developments, but I guess in some ways expected because the grand jury was about to expire.
JOHN Q. KELLY, ATTORNEY FOR SAVIO FAMILY: Yes. We weren't that surprised. It was anticipated, was expected. But you know, nonetheless, the family's very grateful for the work been done by the state's attorney's office, and we're glad and more than happy to take a back seat with our civil case to the criminal prosecution.
VAN SUSTEREN: And I guess I should explain that this civil prosecution -- I mean, the civil case is like the O.J. Simpson case that you were involved in. They had the murder case in '94, and then you, on behalf of the estate of Nicole Brown Simpson, sued O.J. Simpson. That's a civil aspect with a lower standard of proof, right?
KELLY: Correct. And I mean, it's almost identical here. Once again, you have the ex-husband accused of murdering the ex-wife and leaving two minor children in the -- you know, in the area when it occurred.
VAN SUSTEREN: Do you have any evidence tying Drew Peterson to the home of Kathleen Savio the night she died or the weekend that she died?
KELLY: We have statements from Stacy indicating that Drew was not in the home that night, the night of, you know, Kathleen's death, where we've put the time and date of death. And Stacy indicated that she couldn't find him then, tried to locate him, and he showed up early the next morning.
VAN SUSTEREN: And by Stacy, you mean wife number four is at home. She's looking for her husband. She can't find him. And your theory, I guess, is that he went over and killed wife number three, who lived about three blocks away.
KELLY: Well, it's not just our theory, it's what, you know, Stacy told her pastor and what, by her own account, she observed and was told and saw Drew come home himself with a bag of ladies' clothing and put them in the washer early that morning.
VAN SUSTEREN: What -- what has -- have you spoken to your clients today, the relatives of Kathleen Savio?
KELLY: I have. I talked to Anna within minutes of his arrest. She was ecstatic. You know, it's sort of a difficult feeling for her. You know, it's -- she's grateful that he's in jail, but the reason he's there is because she lost her sister and best friend. So it's tough for her. She's very concerned about the children still, and you know, as I said, it's gratefulness tempered by a lot of tragedy.
VAN SUSTEREN: Well, she'll be joining us in a moment. But let me ask you about Stacy. I understand you represent the civil case having to do with the estate of Kathleen Savio. But do you have any information that they are going full speed ahead -- you don't need a body, but are they going full speed ahead in a murder investigation of Stacy?
KELLY: I feel comfortable saying that I know it's still front and center, and there's an ongoing investigation.
VAN SUSTEREN: Is there a grand jury impaneled that's actually hearing that?
KELLY: There's a special grand jury that that's one of the functions, and that's been one of the things they've been looking at. And you know, Greta, I just want to say, I've dealt with a lot of prosecutors around the country, and the Will County state's attorney's office has been extremely professional. They've been really patient and really thorough in the way they've handled this -- you know, John Connor (ph), Mr. Glasgow and the others there. And you know, they're moving very methodically. They did on the Savio matter, and they are on the Peterson matter, too.
VAN SUSTEREN: John, thank you.
KELLY: Sure, Greta.
VAN SUSTEREN: Up next, more of our breaking news coverage on the arrest of Drew Peterson for the murder of wife number three, Kathleen Savio. Savio's sister and nephew go "On the Record" about this breaking news.
Then, we have those results, the bank stress tests. Alexis Glick, Steve Moore and Dick Morris go "On the Record" about the president's budget, and much more.
VAN SUSTEREN: There's breaking news out of Chicago, Drew Peterson under arrest in the murder of his third wife, Kathleen Savio. Joining us live are Anna and Charlie Doman, Kathleen Savio's sister and nephew. Anna, how do you feel tonight?
ANNA DOMAN, KATHLEEN SAVIO'S SISTER: I didn't believe it. I started hearing things. I didn't believe it until my brother, Henry (ph), called me. And he said, Anna, please call me. They're arresting him right now. And I didn't believe it. And the first thought that came to my mind was, Oh, I got to call Kitty (ph) and let her know! And I'm, like, Wait a minute. Wait a minute! You know, my brain kind of -- oh, because I would -- any time there was something in the family, I would call her or he (ph) would call Susie (ph), just kind of a -- it's bittersweet, Greta.
I'm glad we're finally moving -- we're moving on, but I'm so concerned about the boys. I mean, I know they don't understand why we didn't come around much, but it's tough to face the man that you know in your heart killed your sister and their mother. I could not look at the man. I mean, it just -- I couldn't. I couldn't even stand to look at him. It was horrible.
And I hope someday they understand, and I hope someday -- I would love to see the boys. I love them. I love them very much. I mean, they're family. They're my sister's kids, and I know she'd want me to -- you know, to talk to them and try to console them. There is no consoling in their case. I mean, they lost their mother they loved, and now to find out this horrible fact that it was their father -- now they're losing the father, and you know, I just want them to know that they have family that loves them. We're here.
VAN SUSTEREN: All right, and I should probably...
VAN SUSTEREN: And I should probably fill in the blanks. When you say, Kitty, that is -- I should probably fill in the blank. When you say Kitty, that is the family's nickname for Kathleen. No, I understand. The viewers may not know that.
Charlie, your thoughts tonight.
CHARLIE DOMAN, KATHLEEN SAVIO'S NEPHEW: At first, it was like a little unreal because, I mean, we've heard a couple times before that he was arrested. But then after Uncle Henry called the house and Mama said, yes, it's true, it's happening, I just switched on the TV and...
ANNA DOMAN: I started screaming.
CHARLIE DOMAN: Yes, it...
ANNA DOMAN: I'm, like, Oh, my God!
CHARLIE DOMAN: Wow. I was running through the house...
ANNA DOMAN: Unbelievable.
CHARLIE DOMAN: ... trying to...
ANNA DOMAN: Unbelievable.
CHARLIE DOMAN: ... catch it on the channels and -- yes, I'm happy. I'm happy. I think the state police are -- or not the state police, but the state's attorney's office are doing really, really well.
VAN SUSTEREN: Charlie, the...
ANNA DOMAN: I love Glasgow. He's my idol.
VAN SUSTEREN: I was just going to ask you...
ANNA DOMAN: He is!
VAN SUSTEREN: The state's attorney that's on the case right now, that's not the same state's attorney as when our sister died, right, Anna? It was a different state's attorney?
ANNA DOMAN: No, it was a different guy.
CHARLIE DOMAN: Yes, it was a different one.
ANNA DOMAN: And Glasgow had his work cut out for him. He had to go in and -- it's much harder to fix a screwed-up case than it is to go in fresh and prosecute and investigate. He had a tough job. And him and John Connor and all the state police, they did such a great job. Unbelievable. I mean, I didn't think this day would ever be here.
VAN SUSTEREN: Since the day Stacy disappeared, have either one of you had a chance to confront or talk to Drew Peterson? And if so, what'd he say?
ANNA DOMAN: No, I haven't.
CHARLIE DOMAN: No. Not at all.
ANNA DOMAN: Not at all. I can't stand to look at the man. Every time I see him on TV, I shut it off. I can't stand...
VAN SUSTEREN: Charlie, did he ever...
ANNA DOMAN: ... it. It makes me crazy.
VAN SUSTEREN: Charlie, did he ever say anything to you about Kitty -- that's how you know here -- Kitty's death?
CHARLIE DOMAN: About her death? No.
ANNA DOMAN: No.
CHARLIE DOMAN: I seen him one time after -- oh, after the funeral, me and my sister ran into him at Ace Hardware and it was nothing much, you know, Hi, how're you doing, bye, OK, see you later.
VAN SUSTEREN: Anna, did he show up at the funeral? Was he there?
ANNA DOMAN: Was Drew at the funeral? Oh, yes, he was there. He was cool and calm. Not a tear was shed. Not a tear was shed. He was socializing and...
CHARLIE DOMAN: He hung out in the back of the funeral home.
ANNA DOMAN: Hung out in the back of the funeral home and was, like, working the room. But no tears, no nothing. He was not -- he wasn't even sweating. Nothing. Nothing at all. No emotion.
VAN SUSTEREN: Anna, Charlie, thank you both. Thank you both.
CHARLIE DOMAN: Thanks, Greta.
ANNA DOMAN: Thanks, Greta. You're great. Thank you.
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