JOLIET, Ill. (CBS) — Drew Peterson’s lawyers tried to make a case today for a new trial. The judge will rule on that motion at 1 p.m. Thursday and if he denies it, the case enters the sentencing phase reports WBBM’s Mike Krauser from the Will County courthouse.

Peterson’s lawyers argued the hearsay testimony from Stacy Peterson’s pastor Neil Schori and Kathleen Savio’s divorce lawyer Harry Smith never should have seen the light of day.

Smith testified that Stacy Peterson told Smith that Drew killed Kathleen. Peterson lawyer Steve Greenberg blamed former lawyer Joel Brodsky for what he called the rogue decision to call Smith, an awful decision he said that ruined the case.

“Anyone who was at the trial knows that it was the worst piece of evidence that came in,” said Greenberg.

Brodsky was angry he wasn’t asked about it when he testified and outside court produced emails showing the lawyers were in agreement about calling Smith.

“Here are emails from him from the day and the two days before Harry Smith is called in which he doesn’t make any objection and in fact says ‘Ok’,” said Brodsky.

Joe Lopez said in one email that it was the break they needed. The prosecutor at the time called Smith’s testimony a “Gift from God.”