JOLIET, Ill. (CBS) – Will Drew Peterson testify on his own behalf? Not if his defense attorney has any say.

Of course, Joel Brodsky says, the decision is up to Peterson.

“It’s always his choice,” the attorney told CBS 2’s Mike Parker Monday.

The long-delayed murder trial of the former Bolingbrook police sergeant begins in Will County Tuesday morning.

At 9 a.m., attorneys, jurors and Peterson will enter the county courtroom.

Peterson –- as he appeared during jury selection — will be clean-shaven and wearing a suit and won’t be in shackles. He’ll look nothing at all as he did after his arrest three years ago.

To be decided: Did peterson kill his third wife, Kathleen Savio, in her bathtub?

The case against him will not touch on the still-unsolved disappearance of his fourth wife, Stacy. He is not charged in that case.

But Stacy’s sister believes the Savio case verdict will give her family justice.

“Hopefully, after this trial, they’ll put him away and throw away the key,” Cassandra Cales said.

But Brodsky says not so fast. Asked if there’s a fatal flaw in the prosecution’s case, Brodsky replied: “If not having any evidence is a fatal flaw, I suppose that’s it.”

The defense attorney said it’s up to Peterson whether he’ll take the stand. Brodsky says he would tell him not to testify – a standard strategy for defense teams.

Prosecutors say Peterson killed Savio in 2004 because he was worried that she would clean him out financially, in their pending divorce.

They also believe he killed Stacy Peterson because she knew about Savio’s murder.