Former Illinois police officer Drew Peterson's sister-in-law says Stacy Peterson warned two days before she disappeared that if anything happened to her, Drew Peterson was involved.
Cassandra Cales testified Thursday at a pretrial hearing to determine what hearsay evidence can be admitted at Drew Peterson's upcoming trial on charges of murdering his third wife, Kathleen Savio. Stacy Peterson is his fourth wife, who disappeared in October 2007.
Cales, Stacy Peterson's younger sister, says the whispered conversation took place in the Petersons' bathroom two nights before her sister disappeared. Drew Peterson is the only suspect in her disappearance but has not been charged.
The former Bolingbrook police sergeant has pleaded not guilty to charges of killing Savio in 2004.
Showing posts with label Drew Peterson. Show all posts
Showing posts with label Drew Peterson. Show all posts
Thursday, January 28, 2010
Tuesday, January 19, 2010
Former Officer Drew Peterson Had Previous Threatened to Kill Wife
Former police officer Drew Peterson threw his wife to the floor one night, grabbed her throat and told her he "could kill her there and then," a one-time co-worker of the wife testified Tuesday at a hearing to determine what evidence can be admitted in Peterson's murder trial.
Kathleen Savio, Drew Peterson's third wife, who mysteriously drowned in a bathtub six years ago, essentially is testifying from the grave during the hearing. Witnesses are expected to tell a judge how Savio discussed and wrote about her fears that Peterson, a former Bolingbrook police sergeant, would kill her.
The hearing, projected to last three weeks, is expected to provide the first detailed look at evidence prosecutors contend ties Peterson to Savio's 2004 death. It stems from a state law that allows a judge to admit hearsay evidence in first-degree murder cases if prosecutors can prove a defendant killed a witness to prevent him or her from testifying.
Issam Karam, who said he worked with Savio at Parkway Imaging in Romeoville in late 2003, testified that Savio told him she had come home one night looking forward to a bath and glass of wine when Peterson threw her to the floor. Savio said the incident occurred after she had changed the locks to the home.
Karam said Peterson grabbed Savio's throat and had a knife. Savio showed him a bruise on her arm, Karam said.
"(Peterson) said nothing that she could do would make her safe," Karam said. "She could not run or hide. He could kill her there and then."
Another witness, Savio's boss, testified that a number of times a Bolingbrook squad car was parked in front of her Romeoville business while Savio was inside. Lisa Mordente said that on one occasion, Savio was returning from lunch and approached another vehicle parked outside and spoke to a man inside.
"She was very shaken up when she came back in, her hand was shaking, she had tears, she was a mess," Mordente said.
Mordente also testified that Savio told her it was Peterson outside and they were fighting over money.
Mordente's testimony highlighted what is sure to be a key part of the trial - the fact that Peterson was a police officer. His attorneys have raised questions about why witnesses didn't notify police if they believed Savio feared Peterson.
Mordente said she didn't call police when she learned Savio died "because it wouldn't have helped."
"Kathleen had stated on several occasions she had called police," Mordente said.
During the hearing, prosecutors will present to Will County Judge Stephen White about 60 witnesses to testify about 15 hearsay statements. White will then decide if the jury can hear any or all of those statements when Peterson stands trial. Peterson has pleaded not guilty to murdering Savio, whose body was found in a dry tub. A trial date hasn't been set.
The Illinois Legislature passed the hearsay law after authorities named Peterson a suspect in the 2007 disappearance of his fourth wife, Stacy, then exhumed the body of Savio and reopened the investigation into her death.
While neither side has talked much about the evidence in the case, from the day Peterson was arrested, Will County State's Attorney James Glasgow has made it clear that allowing Savio to tell jurors why Peterson wanted her dead is crucial to his case.
"In essence, what you're basically allowing the victim of a violent crime to do is testify from the grave," Glasgow, who pushed for passage of the bill, told reporters in May shortly after Peterson was arrested.
The list of witnesses remains under seal, but Savio's niece, Melissa Doman, said her mother, Anna Doman, is among those who have been called to testify.
"It would be about things my Aunt Kitty (Savio) told my mom about how she was afraid for her life, she said she was afraid of Drew," Melissa Doman said, adding that she has not been called to testify.
Also expected to testify are other members of Savio's family, including her sister, Susan Savio. It was Susan Savio who told a coroner's jury shortly after her sister's death that Kathleen Savio had told family members that, "if she would die, it may look like an accident, but it wasn't."
The death initially was ruled an accidental drowning - until Stacy Peterson's disappearance led officials to exhume Savio's body, conduct another autopsy and conclude Savio was the victim of a homicide. Drew Peterson has not been charged in Stacy Peterson's disappearance.
Other possible witnesses who could be asked to testify about the stormy relationship between Drew Peterson and Savio are his former colleagues. Eighteen times in two years, police were called to the couple's Bolingbrook home to respond to reports of trouble between the two, with Savio telling officers that her husband had beaten her and threatened to kill her. Peterson was never charged. Savio was charged with domestic battery and later was acquitted.
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There also are court documents that prosecutors are expected to present into evidence, including a 2002 order of protection in which Savio alleges that Peterson knocked her down, ripped off her necklace and left marks on her body.
"He wants me dead, and if he has to, he will burn the house down just to shut me up," she wrote.
Among the more intriguing possible witnesses are members of the clergy at a Bolingbrook church attended by Stacy Peterson. In the days after her disappearance, there were media reports that she had told a clergyman a couple months earlier that Drew Peterson had confessed to her that he killed Savio and made it look like an accident.
Peterson's attorneys have made it clear that they will attack the credibility of at least some of the witnesses.
"All it is, is rumor, innuendo and gossip," defense attorney Joel Brodsky said after a recent hearing concerning information contained in the 15 statements. "People had ulterior motives for saying what they said or are out-and-out unreliable people."
The defense is not expected to call any witnesses of its own during the hearing.
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Kathleen Savio, Drew Peterson's third wife, who mysteriously drowned in a bathtub six years ago, essentially is testifying from the grave during the hearing. Witnesses are expected to tell a judge how Savio discussed and wrote about her fears that Peterson, a former Bolingbrook police sergeant, would kill her.
The hearing, projected to last three weeks, is expected to provide the first detailed look at evidence prosecutors contend ties Peterson to Savio's 2004 death. It stems from a state law that allows a judge to admit hearsay evidence in first-degree murder cases if prosecutors can prove a defendant killed a witness to prevent him or her from testifying.
Issam Karam, who said he worked with Savio at Parkway Imaging in Romeoville in late 2003, testified that Savio told him she had come home one night looking forward to a bath and glass of wine when Peterson threw her to the floor. Savio said the incident occurred after she had changed the locks to the home.
Karam said Peterson grabbed Savio's throat and had a knife. Savio showed him a bruise on her arm, Karam said.
"(Peterson) said nothing that she could do would make her safe," Karam said. "She could not run or hide. He could kill her there and then."
Another witness, Savio's boss, testified that a number of times a Bolingbrook squad car was parked in front of her Romeoville business while Savio was inside. Lisa Mordente said that on one occasion, Savio was returning from lunch and approached another vehicle parked outside and spoke to a man inside.
"She was very shaken up when she came back in, her hand was shaking, she had tears, she was a mess," Mordente said.
Mordente also testified that Savio told her it was Peterson outside and they were fighting over money.
Mordente's testimony highlighted what is sure to be a key part of the trial - the fact that Peterson was a police officer. His attorneys have raised questions about why witnesses didn't notify police if they believed Savio feared Peterson.
Mordente said she didn't call police when she learned Savio died "because it wouldn't have helped."
"Kathleen had stated on several occasions she had called police," Mordente said.
During the hearing, prosecutors will present to Will County Judge Stephen White about 60 witnesses to testify about 15 hearsay statements. White will then decide if the jury can hear any or all of those statements when Peterson stands trial. Peterson has pleaded not guilty to murdering Savio, whose body was found in a dry tub. A trial date hasn't been set.
The Illinois Legislature passed the hearsay law after authorities named Peterson a suspect in the 2007 disappearance of his fourth wife, Stacy, then exhumed the body of Savio and reopened the investigation into her death.
While neither side has talked much about the evidence in the case, from the day Peterson was arrested, Will County State's Attorney James Glasgow has made it clear that allowing Savio to tell jurors why Peterson wanted her dead is crucial to his case.
"In essence, what you're basically allowing the victim of a violent crime to do is testify from the grave," Glasgow, who pushed for passage of the bill, told reporters in May shortly after Peterson was arrested.
The list of witnesses remains under seal, but Savio's niece, Melissa Doman, said her mother, Anna Doman, is among those who have been called to testify.
"It would be about things my Aunt Kitty (Savio) told my mom about how she was afraid for her life, she said she was afraid of Drew," Melissa Doman said, adding that she has not been called to testify.
Also expected to testify are other members of Savio's family, including her sister, Susan Savio. It was Susan Savio who told a coroner's jury shortly after her sister's death that Kathleen Savio had told family members that, "if she would die, it may look like an accident, but it wasn't."
The death initially was ruled an accidental drowning - until Stacy Peterson's disappearance led officials to exhume Savio's body, conduct another autopsy and conclude Savio was the victim of a homicide. Drew Peterson has not been charged in Stacy Peterson's disappearance.
Other possible witnesses who could be asked to testify about the stormy relationship between Drew Peterson and Savio are his former colleagues. Eighteen times in two years, police were called to the couple's Bolingbrook home to respond to reports of trouble between the two, with Savio telling officers that her husband had beaten her and threatened to kill her. Peterson was never charged. Savio was charged with domestic battery and later was acquitted.
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There also are court documents that prosecutors are expected to present into evidence, including a 2002 order of protection in which Savio alleges that Peterson knocked her down, ripped off her necklace and left marks on her body.
"He wants me dead, and if he has to, he will burn the house down just to shut me up," she wrote.
Among the more intriguing possible witnesses are members of the clergy at a Bolingbrook church attended by Stacy Peterson. In the days after her disappearance, there were media reports that she had told a clergyman a couple months earlier that Drew Peterson had confessed to her that he killed Savio and made it look like an accident.
Peterson's attorneys have made it clear that they will attack the credibility of at least some of the witnesses.
"All it is, is rumor, innuendo and gossip," defense attorney Joel Brodsky said after a recent hearing concerning information contained in the 15 statements. "People had ulterior motives for saying what they said or are out-and-out unreliable people."
The defense is not expected to call any witnesses of its own during the hearing.
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Sunday, October 04, 2009
Drew Peterson's Trial Will Not be Moved
A judge on Friday refused to move Drew Peterson's murder trial and said a law that prosecutors want to use to allow his ex-wife he's accused of killing to "testify from the grave" is constitutional.
Will County Judge Stephen White's rulings were setbacks for Peterson, a former Bolingbrook police officer who garnered national attention after the October 2007 disappearance of his fourth wife, Stacy Peterson. White also will decide which statements prosecutors can use at Peterson's trial.
Peterson, 55, has pleaded innocent to first-degree murder in the 2004 death of his third wife, Kathleen Savio. He also is a suspect in Stacy Peterson's disappearance. He has denied wrongdoing.
Peterson's attorneys had asked to move the trial, saying the often extensive and often inflammatory publicity surrounding Peterson made it impossible to receive a fair trial in Will County. They also said that that during Peterson's three decades as a police officer he might have arrested or ticketed potential jurors and their family members.
Prosecutors argued that Peterson and his attorneys have themselves to blame for much of the publicity, pointing to the numerous interviews they have given on local and national media.
Will County State's Attorney James Glasgow also has said that his office would agree to a change of venue if it became clear during jury selection that a fair trial was impossible.
Peterson's attorney, Joel Brodsky, said the ruling on the change of venue was not a surprise. He said there still is a chance the judge could agree to moving the trial out of the county if it becomes clear during jury selection that prospective jurors are so biased against Peterson that he could not receive a fair trial.
White ruled that the state's so-called "hearsay" law is constitutional. Peterson's attorneys argued that it denies suspects' right to confront their accusers. But prosecutors said the Illinois law is in line with well-established federal law and, in fact, several other states have similar laws that have survived more than two dozen legal challenges.
Glasgow would not discuss which statements he intends to try to admit as evidence at the trial, but it is clear his office wants to let Savio herself tell jurors why Peterson wanted her dead.
"In essence, what you're basically allowing the victim of a violent crime to do is testify from the grave," he said shortly after Peterson was arrested in May.
Possible evidence in the case might include letters written by Savio, who was seeking orders of protection, in which she said Peterson would kill her to shut her up and her sister's testimony at a coroner's jury that Savio told her family it would be no accident if she died.
Brodsky said he has not decided whether to appeal the judge's decision on the hearsay law to the Illinois Supreme Court.
Will County Judge Stephen White's rulings were setbacks for Peterson, a former Bolingbrook police officer who garnered national attention after the October 2007 disappearance of his fourth wife, Stacy Peterson. White also will decide which statements prosecutors can use at Peterson's trial.
Peterson, 55, has pleaded innocent to first-degree murder in the 2004 death of his third wife, Kathleen Savio. He also is a suspect in Stacy Peterson's disappearance. He has denied wrongdoing.
Peterson's attorneys had asked to move the trial, saying the often extensive and often inflammatory publicity surrounding Peterson made it impossible to receive a fair trial in Will County. They also said that that during Peterson's three decades as a police officer he might have arrested or ticketed potential jurors and their family members.
Prosecutors argued that Peterson and his attorneys have themselves to blame for much of the publicity, pointing to the numerous interviews they have given on local and national media.
Will County State's Attorney James Glasgow also has said that his office would agree to a change of venue if it became clear during jury selection that a fair trial was impossible.
Peterson's attorney, Joel Brodsky, said the ruling on the change of venue was not a surprise. He said there still is a chance the judge could agree to moving the trial out of the county if it becomes clear during jury selection that prospective jurors are so biased against Peterson that he could not receive a fair trial.
White ruled that the state's so-called "hearsay" law is constitutional. Peterson's attorneys argued that it denies suspects' right to confront their accusers. But prosecutors said the Illinois law is in line with well-established federal law and, in fact, several other states have similar laws that have survived more than two dozen legal challenges.
Glasgow would not discuss which statements he intends to try to admit as evidence at the trial, but it is clear his office wants to let Savio herself tell jurors why Peterson wanted her dead.
"In essence, what you're basically allowing the victim of a violent crime to do is testify from the grave," he said shortly after Peterson was arrested in May.
Possible evidence in the case might include letters written by Savio, who was seeking orders of protection, in which she said Peterson would kill her to shut her up and her sister's testimony at a coroner's jury that Savio told her family it would be no accident if she died.
Brodsky said he has not decided whether to appeal the judge's decision on the hearsay law to the Illinois Supreme Court.
Saturday, August 15, 2009
Judge Will Decide if Drew Peterson's Murder Trial Should be Moved
A Will County judge says he'll decide Oct. 2 if Drew Peterson's murder trial should be moved because of pretrial publicity.
Judge Stephen White listened Friday to arguments from both sides. Peterson has pleaded not guilty to first-degree murder in the death of his third wife, Kathleen Savio.
Peterson's attorneys say much of the intense publicity surrounding the case has been negative and inflammatory and would prevent Peterson from getting to get a fair trial in Will County.
They also say Peterson may have arrested or ticketed potential jurors or their family members during his three decades as a police officer.
State's Attorney James Glasgow says a fair trial is possible, but if it became clear during jury questioning that it wasn't, he'd agree to a move.
Judge Stephen White listened Friday to arguments from both sides. Peterson has pleaded not guilty to first-degree murder in the death of his third wife, Kathleen Savio.
Peterson's attorneys say much of the intense publicity surrounding the case has been negative and inflammatory and would prevent Peterson from getting to get a fair trial in Will County.
They also say Peterson may have arrested or ticketed potential jurors or their family members during his three decades as a police officer.
State's Attorney James Glasgow says a fair trial is possible, but if it became clear during jury questioning that it wasn't, he'd agree to a move.
Saturday, May 23, 2009
Time Line in Case Against Ex-Cop Drew Peterson
Prosecutors claimed Friday that Drew Peterson tried to hire someone in 2003 to kill his third wife, Kathleen Savio, for $25,000. Authorities say he is also a suspect in the disappearance of his fourth wife, Stacy Peterson. A brief synopsis of what has happened in the case:
2004
--March 1, 2004: Kathleen Savio found dead in a bathtub. Her death is originally ruled an accidental drowning.
2007
--Oct. 29, 2007: Stacy Peterson reported missing, a day after she fails to show up at a relative's home.
--Nov. 9, 2007: Illinois State Police declare Drew Peterson a suspect in his wife's disappearance; they also say they've formally launched an investigation into the 2004 drowning death of Kathleen Savio, saying it does not appear to be an accident as originally determined.
--Nov. 9, 2007: Judge signs an order to exhume Savio's body.
--Nov. 12, 2007: Drew Peterson resigns from the Bolingbrook Police Department, where he's been an officer for 29 years.
--Nov. 13, 2007: Savio's body is exhumed and an autopsy is conducted.
--Nov. 16, 2007: Forensic pathologist Dr. Michael Baden conducts autopsy on Savio's remains at the request of her family; says it looks like she was murdered.
2008
--Jan. 24, 2008: Will County state's attorney's office acknowledges publicly for the first time that a grand jury has been convened to investigate Stacy Peterson's disappearance and Savio's death.
--Feb. 21, 2008: Will County state's attorney announces that Savio's death officially declared a homicide.
--May 21, 2008: Peterson turns himself in to police on a weapons charge unrelated to the disappearance of his wife. He was released from custody after an adult son posts a 10 percent bond.
--November 2008: Peterson meets with divorce attorney.
--November 20, 2008: Gun charges dropped against Peterson after Will County prosecutors refuse to hand over internal documents leading to their decision to arrest him.
--May 7, 2009: Murder indictment issued for Peterson; Peterson arrested during traffic stop.
--May 22, 2009: Judge refuses to reduce Peterson's $20 million bail after prosecutors claim Peterson tried to pay somebody $25,000 in 2003 to kill Savio.
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Other Information: http://www.suntimes.com/news/peterson/1587229,drew-peterson-savio-murder-offer-money-052209.article
2004
--March 1, 2004: Kathleen Savio found dead in a bathtub. Her death is originally ruled an accidental drowning.
2007
--Oct. 29, 2007: Stacy Peterson reported missing, a day after she fails to show up at a relative's home.
--Nov. 9, 2007: Illinois State Police declare Drew Peterson a suspect in his wife's disappearance; they also say they've formally launched an investigation into the 2004 drowning death of Kathleen Savio, saying it does not appear to be an accident as originally determined.
--Nov. 9, 2007: Judge signs an order to exhume Savio's body.
--Nov. 12, 2007: Drew Peterson resigns from the Bolingbrook Police Department, where he's been an officer for 29 years.
--Nov. 13, 2007: Savio's body is exhumed and an autopsy is conducted.
--Nov. 16, 2007: Forensic pathologist Dr. Michael Baden conducts autopsy on Savio's remains at the request of her family; says it looks like she was murdered.
2008
--Jan. 24, 2008: Will County state's attorney's office acknowledges publicly for the first time that a grand jury has been convened to investigate Stacy Peterson's disappearance and Savio's death.
--Feb. 21, 2008: Will County state's attorney announces that Savio's death officially declared a homicide.
--May 21, 2008: Peterson turns himself in to police on a weapons charge unrelated to the disappearance of his wife. He was released from custody after an adult son posts a 10 percent bond.
--November 2008: Peterson meets with divorce attorney.
--November 20, 2008: Gun charges dropped against Peterson after Will County prosecutors refuse to hand over internal documents leading to their decision to arrest him.
--May 7, 2009: Murder indictment issued for Peterson; Peterson arrested during traffic stop.
--May 22, 2009: Judge refuses to reduce Peterson's $20 million bail after prosecutors claim Peterson tried to pay somebody $25,000 in 2003 to kill Savio.
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Other Information: http://www.suntimes.com/news/peterson/1587229,drew-peterson-savio-murder-offer-money-052209.article
Thursday, May 07, 2009
Former Officer Drew Peterson Charged with Murdering his Third Wife
Former police sergeant Drew Peterson, long suspected in the 2007 disappearance of his fourth wife, was charged Thursday with murdering his third wife, whose 2004 death had been deemed accidental before authorities revisited it once Stacy Peterson vanished. Will County prosecutors and Illinois State Police planned an evening news conference to discuss a murder indictment issued against the former Bolingbrook police officer in the death of Kathleen Savio.
Peterson was arrested Thursday evening during a traffic stop in Bolingbrook, said Chuck Pelkie, spokesman for Will County state's attorney.
Authorities declined to immediately release further details.
Savio's body was found in an empty bathtub. Her death was originally ruled an accidental drowning but authorities later said it was a homicide staged to look like an accident.
Savio's family has long voiced suspicions about the circumstances surrounding her death, especially after the October 2007 disappearance of Stacy Peterson, then 23.
Peterson, 55, is a suspect in the disappearance but has not been charged in that case. He has repeatedly said he thinks Stacy Peterson ran off with another man.
Peterson's attorney, Joel Brodsky, said in an e-mail Thursday he was on his way to New York and referred messages to Peterson's publicist, Glenn Selig. Selig said only that he could not confirm Peterson's arrest.
Savio's 73-year-old father, Henry, said Thursday that an arrest should have been made long ago.
"I always wondered" about her death, he said. "I was never pleased with the (coroner's finding of suicide) from the beginning."
In more than a year and a half since Stacy Peterson's disappearance, Drew Peterson has been under a media microscope, and at times he has seemed to relish the attention.
This week Selig said Peterson was interested in a job offer from a Nevada brothel that is the setting for the HBO reality show "Cathouse." An HBO spokeswoman said the network would sooner cancel the show than allow Peterson to appear on it.
Peterson was arrested Thursday evening during a traffic stop in Bolingbrook, said Chuck Pelkie, spokesman for Will County state's attorney.
Authorities declined to immediately release further details.
Savio's body was found in an empty bathtub. Her death was originally ruled an accidental drowning but authorities later said it was a homicide staged to look like an accident.
Savio's family has long voiced suspicions about the circumstances surrounding her death, especially after the October 2007 disappearance of Stacy Peterson, then 23.
Peterson, 55, is a suspect in the disappearance but has not been charged in that case. He has repeatedly said he thinks Stacy Peterson ran off with another man.
Peterson's attorney, Joel Brodsky, said in an e-mail Thursday he was on his way to New York and referred messages to Peterson's publicist, Glenn Selig. Selig said only that he could not confirm Peterson's arrest.
Savio's 73-year-old father, Henry, said Thursday that an arrest should have been made long ago.
"I always wondered" about her death, he said. "I was never pleased with the (coroner's finding of suicide) from the beginning."
In more than a year and a half since Stacy Peterson's disappearance, Drew Peterson has been under a media microscope, and at times he has seemed to relish the attention.
This week Selig said Peterson was interested in a job offer from a Nevada brothel that is the setting for the HBO reality show "Cathouse." An HBO spokeswoman said the network would sooner cancel the show than allow Peterson to appear on it.
Sunday, November 16, 2008
Timeline Questioned in Drew Peterson Case
Authorities used "vindictive and selective" prosecution in their gun case against former Bolingbrook Police Sgt. Drew Peterson, his legal team argued in Will County Court today.
Peterson, 54, faces felony gun charges for allegedly possessing a modified assault rifle with a barrel of less than 16 inches in violation of state law. Authorities seized the rifle, along with other weapons, after search warrants were executed last November as part of the investigation into the Oct. 28, 2007 disappearance of Peterson's fourth wife, Stacy.
But Peterson's attorney, Joel Brodsky, questioned the timeline of how the gun case unfolded. In February, police revoked Peterson's firearm owner identification card after a judge ruled that his firearms should be returned to Peterson granted that he had a valid FOID card.
And then in May, authorities arrested Peterson for owning the rifle on the eve of learning from the judge whether the guns could be turned over to his son, Stephen, an Oak Brook police officer.
Brodsky is requesting that prosecutors turn over documents leading up to the charges against his client.
"This timeline proves with more than sufficient evidence that the reason to do this is to punish Mr. Drew Peterson for exercising his Constitutional rights," Brodsky said.
Peterson, who maintains his wife ran off, has said that he used the rifle as a SWAT team member for the Bolingbrook police department.
Will County Assistant State's Atty. Dede Osterberger argued against giving the defense "privileged information."
"We strongly argue against this case, judge, because we think that the defense is engaging in a fishing expedition," she said.
Judge Richard Schoenstedt, who was battling a cold and losing his voice, said he would defer his ruling until the next scheduled hearing on Nov. 20.
Thursday, July 17, 2008
Judge Modifies Drew Peterson Bond
JOLIET, Ill.
A Will County judge modified Drew Peterson's bond Monday, allowing him to leave Illinois on vacation with his children while the judge mulls a defense motion to dismiss felony weapons charges.
A grand jury indicted the former Bolingbrook police sergeant Thursday on two felonies related to a semiautomatic rifle seized by authorities investigating the disappearance of his wife, Stacy. The new charges, filed Friday, supersede a single felony weapons charge filed May 21, alleging Peterson possessed an assault rifle with a barrel shorter than allowed by law.
The new indictment alleges Peterson possessed a modified assault rifle and that he unlawfully transferred the rifle to his son, Stephen. Police seized the rifle and 10 other guns during a Nov. 1 search at Peterson's house for clues after Stacy Peterson disappeared.
Peterson has been named a suspect in his wife's disappearance but hasn't been charged. Investigators have also exhumed the body of Peterson's third wife Kathleen. Her death was ruled a homicide.
During the two-hour hearing Monday, Peterson's lawyer, Joel Brodsky, argued his client was immune from prosecution for the gun charges because he was still a police officer when authorities seized the weapon.
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Search Continues for Missing Chicago Mom Drew Peterson Brodsky repeatedly referred to the Law Enforcement Officers Safety Act, legislation passed by Congress in 2004, that Brodsky said entitled Peterson to possess a rifle not allowed for private citizens.
The law allows police officers to carry and conceal weapons as long as they have been transported through interstate commerce. It prohibits three categories of weapons that police may not carry, including machine guns, weapons equipped with silencers and explosives.
Brodsky did not contest that the barrel on Peterson's rifle was too short under state law. Instead, he argued Peterson cannot be charged because federal law supersedes state law.
"The state can't void the cloak of immunity by charging (Peterson with) possessing but not illegal carrying," Brodsky said. "They are manipulating the charges. Clearly, you can not conceal carry without possessing."
The federal law shields officers from prosecution by allowing them to carry weapons that some states may deem illegal, Brodsky said.
Assistant State's Attorney John Connor said the immunity does not extend to a police officer who knowingly carries or keeps a weapon that is illegal in his home state.
The legislation was meant to protect police officers who cross state lines from being prosecuted if they have handguns that are legal in their home state but banned in another jurisdiction, he said.
Connor noted Peterson had the rifle modified, resulting in the shorter barrel. As a police officer Peterson should have known the modification made the weapon illegal, he said.
"Our officers are expected to know the law under which they operate," Connor said.
Will County Judge Richard Schoenstedt scheduled a hearing for July 30, when he said he would likely give his decision.
Schoenstedt said if Peterson leaves the state, he has to file a travel itinerary in advance with the county probation department. Peterson waived his extradition rights and agreed to be tried in absentia should he miss any legal proceedings to win the judge's approval to travel to Florida to vacation with his children.
A Will County judge modified Drew Peterson's bond Monday, allowing him to leave Illinois on vacation with his children while the judge mulls a defense motion to dismiss felony weapons charges.
A grand jury indicted the former Bolingbrook police sergeant Thursday on two felonies related to a semiautomatic rifle seized by authorities investigating the disappearance of his wife, Stacy. The new charges, filed Friday, supersede a single felony weapons charge filed May 21, alleging Peterson possessed an assault rifle with a barrel shorter than allowed by law.
The new indictment alleges Peterson possessed a modified assault rifle and that he unlawfully transferred the rifle to his son, Stephen. Police seized the rifle and 10 other guns during a Nov. 1 search at Peterson's house for clues after Stacy Peterson disappeared.
Peterson has been named a suspect in his wife's disappearance but hasn't been charged. Investigators have also exhumed the body of Peterson's third wife Kathleen. Her death was ruled a homicide.
During the two-hour hearing Monday, Peterson's lawyer, Joel Brodsky, argued his client was immune from prosecution for the gun charges because he was still a police officer when authorities seized the weapon.
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Search Continues for Missing Chicago Mom Drew Peterson Brodsky repeatedly referred to the Law Enforcement Officers Safety Act, legislation passed by Congress in 2004, that Brodsky said entitled Peterson to possess a rifle not allowed for private citizens.
The law allows police officers to carry and conceal weapons as long as they have been transported through interstate commerce. It prohibits three categories of weapons that police may not carry, including machine guns, weapons equipped with silencers and explosives.
Brodsky did not contest that the barrel on Peterson's rifle was too short under state law. Instead, he argued Peterson cannot be charged because federal law supersedes state law.
"The state can't void the cloak of immunity by charging (Peterson with) possessing but not illegal carrying," Brodsky said. "They are manipulating the charges. Clearly, you can not conceal carry without possessing."
The federal law shields officers from prosecution by allowing them to carry weapons that some states may deem illegal, Brodsky said.
Assistant State's Attorney John Connor said the immunity does not extend to a police officer who knowingly carries or keeps a weapon that is illegal in his home state.
The legislation was meant to protect police officers who cross state lines from being prosecuted if they have handguns that are legal in their home state but banned in another jurisdiction, he said.
Connor noted Peterson had the rifle modified, resulting in the shorter barrel. As a police officer Peterson should have known the modification made the weapon illegal, he said.
"Our officers are expected to know the law under which they operate," Connor said.
Will County Judge Richard Schoenstedt scheduled a hearing for July 30, when he said he would likely give his decision.
Schoenstedt said if Peterson leaves the state, he has to file a travel itinerary in advance with the county probation department. Peterson waived his extradition rights and agreed to be tried in absentia should he miss any legal proceedings to win the judge's approval to travel to Florida to vacation with his children.
Tuesday, July 15, 2008
Drew Peterson Lawyers Seek to Dismiss Gun Charges
A Will County judge heard arguments Monday on whether to dismiss all felony gun charges against former Bolingbrook Police Sgt. Drew Peterson, who is suspected in the Oct. 28 disappearance of his wife, Stacy.
A grand jury last week indicted Peterson on two counts of unlawful use of a weapon for allegedly owning an assault rifle that was nearly 5 inches shorter than allowed by state law. The rifle was seized by authorities last fall as search warrants were executed in the Stacy Peterson case.
Drew Peterson's attorneys, Joel Brodsky and Andrew Abood, argued that under the federal Law Enforcement Officers Safety Act of 2004, Peterson was authorized to carry and possess the weapon despite a state law that says an assault rifle must be 16 inches long. The federal law permits law-enforcement officers and retired law-enforcement officers in good standing to carry a concealed firearm in any jurisdiction in the U.S., regardless of most state or local laws.
His attorneys said Peterson used the semiautomatic assault rifle while he was a police officer, which makes him an exception under state and federal laws.
Drew Peterson news "Mr. Peterson was qualified to use this gun by his own [department]," Abood said. "This is a very unique area of the law."
But Assistant State's Atty. John Connor countered that Peterson was not charged with carrying a concealed weapon, but with possession of an illegal weapon, which he argued was not protected by the federal act. He pointed to literature from the National Rifle Association as an example of responsible gun owners knowing the difference between "carrying" and "possessing" weapons, and chastised that police officers, of all people, should know the difference.
"The people's position is this: The weapon as currently confiscated is illegal," Connor said.
Judge Richard Schoenstedt said he expected to make his ruling July 30.
After the court hearing, Brodsky produced documents for reporters that he said came from the Bolingbrook Police Department proving that it knew Peterson had the gun.
A Bolingbrook police spokesman, Lt. Ken Teppel, acknowledged there was a department document saying Peterson had a personal assault rifle as a secondary weapon. While Peterson had qualified to shoot the gun in 2005 or 2006 at a training session, he had never received permission from the police chief to carry it on duty, Teppel said. He also questioned whether the weapon had been modified at the time of the training.
At the news conference, Brodsky said the length of the barrel at the training session was irrelevant.
Peterson, 54, was arrested in April shortly before he was to regain possession of his weapons from state police, who had seized them as part of their investigation into his missing wife, Stacy, who was 23 when she disappeared. A week after Peterson's arrest, Schoenstedt ordered state police to return eight of Peterson's weapons to his son Stephen, an Oak Brook police officer. Peterson's firearm owner's identification card has been revoked.
The gun at the center of Peterson's felony case has remained in police custody.
Authorities also are conducting a murder investigation into the 2004 drowning of Peterson's previous wife, Kathleen Savio. Peterson has not been charged in either case involving his spouses and maintains he has done nothing wrong.
After the court hearing, Peterson said he was feeling "comfortable with everything that took place today."
When asked if he feels as though he's a target of state police, Peterson told reporters, "You think? Oh, yeah."
A grand jury last week indicted Peterson on two counts of unlawful use of a weapon for allegedly owning an assault rifle that was nearly 5 inches shorter than allowed by state law. The rifle was seized by authorities last fall as search warrants were executed in the Stacy Peterson case.
Drew Peterson's attorneys, Joel Brodsky and Andrew Abood, argued that under the federal Law Enforcement Officers Safety Act of 2004, Peterson was authorized to carry and possess the weapon despite a state law that says an assault rifle must be 16 inches long. The federal law permits law-enforcement officers and retired law-enforcement officers in good standing to carry a concealed firearm in any jurisdiction in the U.S., regardless of most state or local laws.
His attorneys said Peterson used the semiautomatic assault rifle while he was a police officer, which makes him an exception under state and federal laws.
Drew Peterson news "Mr. Peterson was qualified to use this gun by his own [department]," Abood said. "This is a very unique area of the law."
But Assistant State's Atty. John Connor countered that Peterson was not charged with carrying a concealed weapon, but with possession of an illegal weapon, which he argued was not protected by the federal act. He pointed to literature from the National Rifle Association as an example of responsible gun owners knowing the difference between "carrying" and "possessing" weapons, and chastised that police officers, of all people, should know the difference.
"The people's position is this: The weapon as currently confiscated is illegal," Connor said.
Judge Richard Schoenstedt said he expected to make his ruling July 30.
After the court hearing, Brodsky produced documents for reporters that he said came from the Bolingbrook Police Department proving that it knew Peterson had the gun.
A Bolingbrook police spokesman, Lt. Ken Teppel, acknowledged there was a department document saying Peterson had a personal assault rifle as a secondary weapon. While Peterson had qualified to shoot the gun in 2005 or 2006 at a training session, he had never received permission from the police chief to carry it on duty, Teppel said. He also questioned whether the weapon had been modified at the time of the training.
At the news conference, Brodsky said the length of the barrel at the training session was irrelevant.
Peterson, 54, was arrested in April shortly before he was to regain possession of his weapons from state police, who had seized them as part of their investigation into his missing wife, Stacy, who was 23 when she disappeared. A week after Peterson's arrest, Schoenstedt ordered state police to return eight of Peterson's weapons to his son Stephen, an Oak Brook police officer. Peterson's firearm owner's identification card has been revoked.
The gun at the center of Peterson's felony case has remained in police custody.
Authorities also are conducting a murder investigation into the 2004 drowning of Peterson's previous wife, Kathleen Savio. Peterson has not been charged in either case involving his spouses and maintains he has done nothing wrong.
After the court hearing, Peterson said he was feeling "comfortable with everything that took place today."
When asked if he feels as though he's a target of state police, Peterson told reporters, "You think? Oh, yeah."
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