Larry Blum, who investigated Savio's body after it was exhumed in 2007, will testify for the prosecution at the trial about what made him switch the cause of death from an accidental fall to homicidal drowning.
"First, they are not going to be able to say that (the death investigation was botched) because it wasn't," Peterson's attorney, Brodsky said. "By saying that if they had done a better job in the investigation, then they would have been able to prosecute Drew Peterson, that lowers the burden of proof. Where you don't have evidence, you presume innocence."
Savio's body was discovered in her bathtub by neighbors after Drew Peterson arrived at her home one Monday morning to drop their children back off after a weekend in his custody. When Savio did not answer the door, he asked neighbors to check on her. They found her dead in the second floor bathroom and. Peterson then rushed upstairs to take her pulse.
Peterson's legal team told ABC News that there is no forensic evidence tying Peterson to Savio's murder, and that the prosecution should not have pursued the case against Peterson.
"We have always said, and this has never changed: They simply don't have any evidence. They have conjecture, rumor, speculation, hearsay, but they don't have any evidence. Even a predispositioned jury is going to want to hear evidence, and they don't have any," Brodsky said.
Peterson's son, who was with him during the weekend in question, may also be called to testify for his father about his father's whereabouts the weekend of Savio's death.