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Federal judge overturns Massachusetts city law regulating drones

Posted by on Sep 23, 2017 in Elder Care | Comments Off on Federal judge overturns Massachusetts city law regulating drones


In the first federal court ruling (PDF) concerning attempts by city and state jurisdictions to regulate the use of drones, a judge denied a requirement by a city near Boston regarding local registration and significant bans on where and how low they can fly.

Fortune and Ars Technica have reports.

Law giving the Federal Aviation Administration responsibility for regulating the use of drones, while allowing some non-federal say over their use, preempts the city of Newton from requiring registration beyond the agency’s own such requirement; from banning flights below 400 feet; and from requiring an owners’ permission before flying over public or private property. Newton’s requirement that drones can’t fly below 400 feet clashes with FAA rules which say drones must be operated below an altitude of 400 feet from the ground or a structure.

“Newton’s choice to restrict any drone use below this altitude thus works to eliminate any drone use in the confines of the city, absent prior permission,” U.S. District Judge William G. Young wrote. “This thwarts not only the FAA’s objectives, but also those of Congress for the FAA to integrate drones into the national airspace.

“Although Congress and the FAA may have contemplated co-regulation of drones to a certain extent, this hardly permits an interpretation that essentially constitutes a wholesale ban in Newton.”

The suit was brought in January by Michael Singer, a physician, inventor and FAA-certified drone pilot. While Singer represented himself, the judge wrote in a footnote that he “gratefully acknowledges the helpful amicus curiae filed by the Consumer Technology Association and the Association for Unmanned Vehicle Systems International.”

The FAA Modernization and Reform Act of 2012 tasked the agency to “develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.”

While Judge Young threw out four aspects of the city’s statute under preemption by the FAA, he noted the remainder of the ordinance stands and that “… nothing prevents Newton from re-drafting the ordinance to avoid conflict of preemption.” Parts of the ordinance that remain a concern are privacy, noise and safety, Ars Technica reports.

Other cities have tried to restrict how and where drones might be used, including West Hollywood, California, after a drone cut power lines and caused 700 residents to lose power for three hours, Ars Technica reported in 2016.

Forbes contributor John Goglia, an aviation safety consultant and former member of the National Transportation Safety Board, reports that other municipalities have been watching this case for help in determining how they might proceed with statutes concerning drones. In the piece for the magazine, Goglia states that he served as an expert for Singer in this case.

At least seven states – Arizona, Delaware, Maryland, Michigan, Oregon, Rhode Island and Virginia – prohibit municipalities from regulating drones, Ars Technica reports citing Amanda Essex, a transportation policy specialist at the Denver-based National Conference of State Legislatures.

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Department of Ed revokes ‘Dear Colleague’ guidelines for campus sex assault investigations

Posted by on Sep 23, 2017 in Elder Care | Comments Off on Department of Ed revokes ‘Dear Colleague’ guidelines for campus sex assault investigations

Education Law


Education Secretary Betsy DeVos/U.S. Department of Education.

Corrected: The U.S. Department of Education on Friday announced that it will engage in rulemaking regarding schools’ Title IX responsibilities involving campus sexual misconduct complaints, and in a question-and-answer document said that there’s no longer a requirement that institutions use a preponderance of evidence standard when determining whether an assault took place.

Now, schools can use a clear and convincing evidence standard when making determinations, the Los Angeles Times reports. The document (PDF) also notes that the previous standard of a 60-day time frame for sexual assault investigations has been rescinded. “There is no fixed time frame under which a school must complete a Title IX investigation.”

Additionally, the accused will have greater access to evidence, Politico reports, and accusers’ identities must be revealed before questioning.

Those in favor of the change maintain that the 2011 “Dear Colleague” guidance from the department’s Office for Civil Rights deprived the accused of due process. The department document issued Friday states that while schools “must take steps to understand what occurred and respond appropriately,” they need to do that in “a manner that respects the legal rights of students and faculty, including those court precedents interpreting the concept of free speech.”

“This interim guidance will help schools as they work to combat sexual misconduct and will treat all students fairly. Schools must continue to confront these horrific crimes and behaviors head-on. There will be no more sweeping them under the rug. But the process also must be fair and impartial,” said U.S. Department of Education Secretary Betsy DeVos, the Detroit Free Press reports.

Earlier this month, DeVos indicated that the department’s 2011 guidance would be nixed.

“Washington has burdened schools with increasingly elaborate and confusing guidelines that even lawyers find difficult to understand and navigate. Schools have been compelled by Washington to enforce ambiguous and incredibly broad definitions of assault and harassment,” she said in a speech at George Mason University.

In June, the ABA’s Criminal Justice Section’s Task Force on College Due Process Rights and Victim Protection issued a report (PDF) advocating that both parties in campus sexual assault investigations should receive written notice before the investigation begins, and they should both be allowed to review the school’s evidence, respond to the final report, and have the right to appeal.

Wendy Murphy, a Massachusetts lawyer who represents women who claim to have been sexually assaulted on campus, objects to the task force recommendation, and in 2016 started a petition on the Parents United Against Sexual Harassment website, urging the ABA to rescind its position.

Some of the positions have been changed since then, according to Murphy, but she still objects to the report. She plans to file a lawsuit against DeVos’ reported policy change, either in state or federal court.

“I’m not opposed to due process. I’m opposed to people talking about due process as if it only applies when a man beats the hell out of or rapes a woman,” she told the ABA Journal. “You can’t treat gender differently than race or national origin. [DeVos] has declared today that schools have permission to devalue the weight of an entire class of people.”

The task force recommendation findings were unanimous, and not designed to benefit one side over the other, Andrew S. Boutros, a Seyfarth Shaw partner who chairs the group, told the ABA Journal. He adds that individuals involved in the process included judges, prosecutors, and victims’ rights advocates.

“Everyone is incredibly proud of their work. It’s a give-and-take process, that requires people to be flexible and compromise,” he said. The report, he adds, is “intended to be fair and balanced to both parties, and find a middle ground that can … provide fundamental due process rights—which are the hallmark and touchstones of the rule of law—for the victim and the accused.”

Corrected at 9:43 p.m. to remove mistaken reference to evidence standard in criminal cases.

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Hate crime victims can use new free web application to get help

Posted by on Sep 23, 2017 in Elder Care | Comments Off on Hate crime victims can use new free web application to get help

Legal Technology

A screenshot of hatecrimehelp.com from CuroLegal.

CuroLegal has launched a free web application that helps victims and witnesses of hate crimes find help.

Hatecrimehelp.com, was built in collaboration with Cisco Systems and the American Bar Association’s Center for Innovation, according to a press release.

Someone who believes they are the victim of a hate crime answers several questions, including the type of incident experienced and the location, even if it happens online. Based on the answers, the app generates information on how to contact local law enforcement and other government resources and nonprofits that may offer help. The app also offers comparisons between state and federal hate crime laws.

“In light of the increased reports of hate crimes in this country in recent months, our goal is to provide clarity on the law and available resources, and to appropriately set expectations for what help is available from those resources,” Nicole Bradick, CuroLegal’s chief strategy officer, said in a press release.

The application was inspired at a March design event at Suffolk University Law School, where the theme was responding to hate crimes through technology.

“At that event, we were able to do some rapid discovery and learning from all of the players that were assembled, and sketched out the critical path for the application,” Bradick said in an email. “The actual site design and development came from our team after the event.”

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Attorneys general in 37 states urge insurance industry to do more to curb opioid epidemic

Posted by on Sep 23, 2017 in Elder Care | Comments Off on Attorneys general in 37 states urge insurance industry to do more to curb opioid epidemic



Attorneys general for 37 states recently sent a letter to the health insurance industry’s main trade group, urging its members to reconsider coverage policies that may be fueling the opioid crisis.

The Sept. 18 letter is part of an ongoing investigation by the state officials into the causes of the opioid epidemic and the parties that are most responsible. The group is also focusing on the marketing and sales practices of drug makers and the role of drug distributors.

On Sept. 17, ProPublica and The New York Times reported that many insurance companies limit access to pain medications that carry a lower risk of addiction or dependence, even as they provide comparatively easy access to generic opioid medications. The safer drugs are more expensive.
In their letter to America’s Health Insurance Plans, the trade group based in Washington, D.C., the attorneys general urged insurers to revise their rules “to encourage healthcare providers to prioritize non-opioid pain management options over opioid prescriptions for the treatment of chronic, non-cancer pain.”

“The status quo, in which there may be financial incentives to prescribe opioids for pain which they are ill-suited to treat, is unacceptable,” the letter said. “We ask that you quickly initiate additional efforts so that you can play an important role in stopping further deaths.”

The signatories include the attorneys general of California, Florida, New York, Pennsylvania and Michigan.

While opioids, such as hydrocodone and morphine, are often prescribed to relieve pain, they also have been linked to abuse and dependence. Drug overdoses are now the leading cause of death among Americans under 50, and more than 2 million Americans are estimated to misuse opioids. While the crisis has placed the practices of drug makers, pharmaceutical distributors, pharmacies and doctors under scrutiny, the role of insurers in enabling access to cheap, addictive opioids has received less attention.

The Department of Health and Human Services is now studying whether insurance companies make opioids more accessible than other pain treatments. An early analysis suggests that insurers are placing fewer restrictions on opioids than on less addictive, non-opioid medications and non-drug treatments like physical therapy, said Christopher M. Jones, a senior policy official at the department.

Last week, the New York state attorney general’s office sent letters to the three largest pharmacy benefit managers — CVS Caremark, Express Scripts and OptumRx — asking how they were addressing the crisis.

In a written statement to ProPublica, Cathryn Donaldson, a spokeswoman for America’s Health Insurance Plans, said that, “We share the state attorneys general’s commitment to eradicating the opioid epidemic in America.”

“Health plans cover comprehensive, effective approaches to pain management that include evidence-based treatments, more cautious opioid prescribing, and careful patient monitoring,” Donaldson wrote. “Recent research shows that non-opioid medications, even over-the-counter medication like ibuprofen, can provide just as much relief as opioids.”

Insurers say they have been addressing the issue on many fronts, including monitoring patients’ opioid prescriptions, as well as doctors’ prescribing patterns. A number of companies say they have seen marked declines in monthly opioid prescriptions in the past year or so. Moreover, at least two large pharmacy benefit managers, which run insurers’ drug plans, announced this year that they would limit coverage of new prescriptions for pain pills to a seven- or 10-day supply.

“Patients and their care providers should talk openly and honestly about pain and how to manage it — from lifestyle changes and exercise to over-the-counter options and clearly understanding the dangers of opioids,” Donaldson said.

Nonetheless, ProPublica and The New York Times found that companies are sometimes refusing to cover less risky drugs prescribed by doctors while putting no such restrictions on opioids.

We analyzed Medicare prescription drug plans covering 35.7 million people in the second quarter of this year. Only one-third of the people covered, for example, had any access to Butrans, a painkilling skin patch that contains a less-risky opioid, buprenorphine. And every drug plan that covered lidocaine patches, which are not addictive but cost more than other generic pain drugs, required that patients get prior approval from the insurer for them.

Moreover, we found that many plans make it easier to get opioids than medications to treat addiction, such as Suboxone. Drug plans covering 33.6 million people include Suboxone, but two-thirds require prior authorization. And even if they do approve coverage, some insurance companies have set a high out-of-pocket cost for Suboxone, rendering it unaffordable for many addicts, a number of pharmacists and doctors said.

“Everyone — including and especially insurance companies — have an obligation to address the opioid epidemic,” New York Attorney General Eric T. Schneiderman said in a press release today. “Insurers must take a hard look at the systemic problems in our healthcare system that result in the over-prescription of opioids and fuel the cycle of addiction.”

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for their newsletter.

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Hurricane Maria shuts down federal courthouses; Sotomayor can’t reach some family members

Posted by on Sep 23, 2017 in Elder Care | Comments Off on Hurricane Maria shuts down federal courthouses; Sotomayor can’t reach some family members


Sonia Sotomayor

U.S. Supreme Court Justice Sonia Sotomayor. Photo by Gage Skidmore, via Wikimedia Commons.

Justice Sonia Sotomayor said on Thursday that she has not heard from half her family in Puerto Rico since Hurricane Maria struck the island.

Speaking at the Newseum, Sotomayor said Puerto Rico “is suffering a great tragedy right now” and she and her family are very concerned, CNN reports. “We ask for your prayers,” Sotomayor said. The Daily Mail also had coverage.

Hurricane Maria has closed the federal courthouse in San Juan and one federal courthouse in the Virgin Islands—in St. Croix—that had opened after Hurricane Irma, the National Law Journal (sub. req.) reports. Also closed are courthouses in St. Thomas and Key West, according to a U.S. courts update posted Thursday.

A Supreme Court spokeswoman told CNN that Sotomayor has been able to connect with family members in the San Juan area, but not with relatives in the area of Mayaguez on the west coast of Puerto Rico.

Hat tip to How Appealing.

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Justice Department reportedly asks Skadden for information about Manafort-related work

Posted by on Sep 22, 2017 in Elder Care | Comments Off on Justice Department reportedly asks Skadden for information about Manafort-related work

Law Firms


The U.S. Justice Department has reportedly asked Skadden, Arps, Slate, Meagher & Flom for information about its work on behalf of the former government of Ukraine, which was led by a client of President Donald Trump’s ex-campaign chairman.

Paul Manafort had arranged for Skadden to draft a report that some had cited to justify the jailing of a political rival to the former Ukrainian president, Viktor Yanukovych, who was Manafort’s client, the New York Times reports. The newspaper’s information about the Justice Department request comes from two anonymous sources.

Yanukovych’s government was aligned with Russia, where he fled after his ouster from government.

Ukraine’s prosecutor general, Yuriy Lutsenko, told the Times he is working with the DOJ to investigate payments from the Ukrainian Justice Ministry to Skadden.

Skadden’s lead lawyer on its Ukranian work was Greg Craig, former White House counsel in the Obama administration. The Skadden report said the political rival, former Prime Minister Yulia Tymoshenko, was denied counsel at critical stages of her trial but her conviction was supported by evidence, the Times reported in December 2012.

Manafort has reportedly been wiretapped, first as a result of an FBI investigation into consulting firms’ work for Yanukovych’s party, according to a recent report by CNN. That alleged surveillance was discontinued for a lack of evidence. A second alleged wiretap was part of an FBI investigation into associates of the Trump campaign and suspected Russian operatives, CNN’s anonymous sources said.

It’s unclear whether the Justice Department request to Skadden is related to special counsel Robert Mueller’s investigation into Russian influence in the election, according to the Times. “But the interest from prosecutors in what Skadden did for the Ukrainian government is one indication of the wide-ranging nature of the inquiries related to Mr. Manafort,” the Times says. “It also highlights the risks associated with advising authoritarian governments overseas, a lucrative sideline among Washington lawyers, lobbyists and public relations consultants.”

In June, Skadden refunded $567,000 to the Ukrainian government, about half of what it was reportedly paid. Skadden said in a statement given to the Times that it returned the money because it had been placed in escrow for legal work that wasn’t done.

Skadden also said its work did not require its lawyers to register as a lobbyist or public relations provider for a foreign government.

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SEC discloses hackers accessed EDGAR system and may have traded on the information

Posted by on Sep 22, 2017 in Elder Care | Comments Off on SEC discloses hackers accessed EDGAR system and may have traded on the information

Securities Law

U.S. Securities and Exchange Commission

U.S. Securities and Exchange Commission office in Washington, D.C. Photo by Don Ramey Logan, via Wikimedia Commons

The Securities and Exchange Commission disclosed on Wednesday evening that its EDGAR corporate filing system was hacked in 2016.

The hack of nonpublic information “may have provided the basis for illicit gain through trading,” the SEC said in a statement. The intrusion was detected in 2016 and the software vulnerability was patched promptly, the statement said. The New York Times, Bloomberg News, the Wall Street Journal (sub. req.) and the Washington Post have stories.

The SEC discovered the possibility of illegal trades based on the information in August.

“If the data stolen from the SEC’s EDGAR system was used by hackers to trade in stocks and reap profits,” the New York Times reports, “it would represent the latest in a new area of concern for regulators in the United States—an area in which the underbelly of the internet is joining forces with the darker corners of Wall Street.”

In January, federal prosecutors charged three Chinese citizens with insider trading for allegedly making $4 million by trading on hacked information from two prominent law firms.

The SEC said it doesn’t believe the EDGAR hackers obtained personally identifying information, and it doesn’t believe the intrusion jeopardized SEC operations or created a systemic risk. The system that was hacked allowed companies to test the accuracy of data transmitted in new forms, according to the Wall Street Journal story.

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The legal education model is out of touch, writes new ABA commission member

Posted by on Sep 22, 2017 in Elder Care | Comments Off on The legal education model is out of touch, writes new ABA commission member

Legal Education

Gillian Hadfield.

Legal education is too complex, expensive and disconnected, and the American Bar Association has an “effective monopoly” on law school accreditation, according to Gillian Hadfield, a member of the organization’s Commission on the Future of Legal Education.

Hadfield, a professor of law and economics at the University of Southern California, shared her opinion on Wednesday in a piece she wrote for Quartz. According to her, legal education does not equip graduates to respond to or create new solutions for serious legal and regulatory needs for citizens and businesses.

Instead, for nearly 150 years, conventional law schools prepare graduates to “think like a lawyer” and spot potential legal issues with practical training left to employers.

“During the heyday of the industrial nation-state economy, this worked pretty well,” Hadfield wrote. “… What we need now is greater diversity, new methods, and better engagement with the real world. To get the broad and deep innovation in law that we need, we have to fix legal education.”

Hadfield told the ABA Journal on Thursday that she’s not speaking for the Commission on the Future of Legal Education, and she does not know if it would recommend her suggestions in the Quartz piece, which has generated some responses since it was published.

“For the most part, a lot of people know there are really serious problems (in legal education) that we need to be thinking about,” she says. “I do think there’s a disbelief that we could really do anything different, and that’s part of why I want to put this case out there, graphically.”

She thinks that while the ABA was right to raise quality standards for law schools during the beginning of the 20th century, some accreditation standards today put a “stranglehold” on law schools to adopt to a changing legal market.

She suggests three steps toward change. The first is to shift from the “top-down” approach the ABA takes for admissions, teaching and testing, to letting educators find a way to produce legal services providers who are “useful, competent and honest.”

“By reducing the influence of the ABA in determining what a ‘law school’ is and how to qualify a legal professional, access to legal education would become more democratic. This in turn would attract a cohort diverse enough to come up with the new ideas we need in law,” she writes.

The second step advocates for a shift in license requirements to focus on “practical wisdom” over book knowledge.

“Law would do well to follow the model in medicine: test law students early in their educational careers to make sure they have acquired basic legal knowledge. Then focus ultimate qualification on candidates’ ability to actually listen to solve real legal problems encountered by real clients,” Hadfield writes.

The third step advises moving away from one-size-fits-all legal education and recognize that the Harvard Law School model may not provide the best training for all legal services providers.

Hadfield mentions the United Kingdom, where people who want legal careers have nine different training paths–including for jobs that don’t require law degrees.

“Today’s law schools are increasingly chasing their own tails, with the holy grail still being a coveted job in a big law firm that serves large corporations,” she wrote, noting that prospects for those jobs are shrinking, and recent law school graduates have an average of $140,000 in school debt.

“Meanwhile, roughly 90% of Americans dealing with legal matters do so without legal help. And as I have found in my research, even big businesses are unhappy with what is available to them. In a 2011 survey, 70% of global executives reported that law and regulation were the greatest causes of complexity in their businesses,” Hadfield wrote.

The ABA Commission on the Future of Legal Education was created by new ABA President Hilarie Bass, who has said that redesigning legal education is one of her key priorities.

“The ABA is a unique position to work with the various stakeholders, such as bar examiners, legal academics and bar leaders, interested in training future lawyers” Bass said in an Aug. 16 press release announcing the commission’s creation. “Through the Commission on the Future of Legal Education, we will enhance our leadership role in anticipating, articulating and influencing dramatic changes in the legal profession and their effect on legal education.”

The release included comments from Maureen O’Rourke, who chairs the council of the ABA’s Section of Legal Education and Admissions to the Bar. They “look forward to working together to ensure that legal education in this country provides the best possible preparation for the nation’s future lawyers,” O’Rourke, the dean of Boston University School of Law, said.

Barry Currier, the the ABA’s managing director of accreditation and legal education could not immediately be reached for comment.

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Is Posner’s ‘baffling’ book an ethics breach? Chief judge objects to release of internal memos

Posted by on Sep 22, 2017 in Elder Care | Comments Off on Is Posner’s ‘baffling’ book an ethics breach? Chief judge objects to release of internal memos


Retired 7th U.S. Circuit Court of Appeals Judge Richard Posner.

Retired Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals apparently ruffled colleagues’ feathers and raised ethics questions when he released internal materials in a new book on the treatment of pro se litigators.

Posner wrote in the preface that his conflict with 7th Circuit judges is over and “let there be no hard feelings,” Law360 (sub. req.) reports. But hard feelings apparently remain; Posner tells Law360 he was disinvited to a 7th Circuit dinner to follow a meeting next Tuesday on the staff attorney program.

The staff attorneys evaluate appeals by pro se litigants and make recommendations in their cases. Posner has said he wanted to give pro se litigants a better shake by reviewing the staff attorney memos before they were circulated to judges. He resigned after being rebuffed.

Posner included bench memoranda, draft opinions and internal emails in the book, called Reforming the Federal Judiciary: My Former Court Needs to Overhaul Its Staff Attorney Program and Begin Televising Its Oral Arguments.

Chief Judge Diane Wood received an advance copy of the book and contacted a Judicial Conference’s conduct committee about the ethics of the releasing internal communications, according to the Law360 report. The committee believed release of confidential internal materials would be an ethics violation, Wood told judges in an email that Posner also published.

A review of the book by the CA3blog says Posner is “on to something big” in his focus on pro se treatment, but the book is “batshit crazy” for its “baffling, disjointed blow-by-blow” of Posner’s battles with Wood, who becomes “the quite-unintentional hero of the tale.”

Posner “has self-published everything—memos and drafts by staff counsel peppered with his acid edits, emails between the judges, the whole trainwreck,” the blog says. He also revealed the initial panel vote in an undecided appeal that he identifies by name.

Posner told Law360 he included emails written by Wood because they couldn’t be separated from his ideas on how to improve the staff attorney program. He said he didn’t think he committed an ethics violation, and he was told by the judge overseeing the Judicial Conference committee that its opinions were advisory rather than mandatory.

Wood didn’t comment when Law360 asked her about the number of internal materials in the book, but emphasized that Posner had released his own selections. She defended the staff attorney program and also said the 7th Circuit is planning to begin televising some of its oral arguments.

Wood and Posner didn’t immediately respond to the ABA Journal’s requests for comment.

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Top Illinois court affirms ex-police sergeant Drew Peterson’s murder conviction in hearsay challenge

Posted by on Sep 22, 2017 in Elder Care | Comments Off on Top Illinois court affirms ex-police sergeant Drew Peterson’s murder conviction in hearsay challenge


Drew Peterson/giphy.com.

The Illinois Supreme Court has upheld use of hearsay–including statements by a missing fourth wife–that helped convict former Chicago-area police sergeant Drew Peterson for the murder of his third wife.

The decision upheld Peterson’s 2012 murder conviction in the 2004 death of third wife Kathleen Savio, who was found dead in a dry bathtub. Police reopened the case after Peterson’s fourth wife, Stacy Peterson, went missing in 2007. The Chicago Tribune and the Chicago Sun-Times covered the decision (PDF).

Peterson asserted that the ban on hearsay should have prevented admission of Savio’s statements to police about an incident where he pinned her to the stairs for three hours and threatened her with a knife, as well as her statements to family members that Peterson had threatened to kill her and make it look like an accident. He also challenged Stacy Peterson’s statements about his suspicious conduct on the night of Savio’s death.

The court said the hearsay statements were allowed under the common law doctrine of forfeiture by wrongdoing, which allows introduction of an absent witness’s statements when the defendant’s conduct prevented the witness from testifying. The doctrine was incorporated in Illinois evidence rules.

Peterson also contended his lawyer provided ineffective assistance by calling divorce lawyer Harry Smith as a witness, and Smith’s testimony should have been barred by attorney-client privilege.

Smith testified that, before her disappearance, Stacy Peterson asked whether she could get more money out of her husband in a divorce if she threatened to say he had killed his third wife.

Peterson’s statements were made to Smith after he said he could not represent her and were not protected by attorney-client privilege, the court said. The court also found that the defense decision to call Smith to testify was not outside the realm of trial strategy.

Drew Peterson was sentenced to 38 years after being convicted in 2012. He was tried, convicted and sentenced to an additional 40 years in 2016 for soliciting the murder of the prosecutor in the case.

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