The judge in the scolded prosecutors but then went along with their request to stop after-hours emailing by defense attorneys.
Judge Edward Burmila convened an after-hours emergency hearing Friday to resolve the after-hours email issue, and he spent much of it taking prosecutors to task for having "exposed the court to suspicion" by filing a "hyperbolic" motion.
Prosecutors filed the motion under seal Wednesday, but Burmila said it had been released to the public and gives the impression that "the court and the defense are participating in some sort of unethical communication," and this is putting prosecutors at a disadvantage.
Burmila has allowed both sides to present motions to each other via email in an effort to expedite the 3-year-old murder case.
Peterson, 58, has been on charges he murdered his third wife, Kathleen Savio.
Peterson, a former Bolingbrook cop, is also the sole suspect in the state police investigation of the . Stacy Peterson remains missing and no one has been charged with harming her.
Burmila said he was not going to put limits on attorney emailing — but he was willing to prohibit it completely.
"I don't see how I can do the Solomon routine and cut the baby in half," he said. "Either we have electronic communications or we don't have them at all."
The Judge then offered to let prosecutors and Joel Brodsky — the only one of Peterson's five defense attorneys to attend the hearing late on the Friday before Memorial Day — to hash out a compromise.
Will County State's Attorney James Glasgow stood up and volunteered that he is 61 years old and said that "these emails (from the defense) come flying in 10 o'clock, 11 o'clock at night."
"I didn't envision beyond work hours we'd be doing that," Glasgow said.
He and Brodsky then agreed to only send email between 8:30 a.m. and 5 p.m. on weekdays, at least until the case's next scheduled hearing on June 6. Brodsky did say that if he was up late at night crafting an email he would hold off until the morning before sending it.