“Emergency Motion” court date tomorrow for Drew Peterson

We noticed a couple of new events for the Drew Peterson murder case and a hearing scheduled for tomorrow, May 25, at 4pm.

EVENTS
05/23/2012 Emergency Notice
05/23/2012 Impounded Document- Motion to Limit Electronic Communication to…

Since that’s all we’ve got from the Will County Circuit Court site, we could only speculate at this point about what the motion entails. It’s impounded which means that the motion isn’t available for public inspection, but we’ll try to find out what it’s about and will update as we learn.

UPDATE NOON CST: Since the motion is impounded we won’t be able to report more about it unless someone else leaks it. We’ll let you know if that happens. It’s likely that there won’t be an actual court appearance by Peterson tomorrow.

UPDATE 6:15 CST: Well, what do you know, information about the impounded motion was leaked after all, along with some tidbits about the defense (which would indicate to me that the source was a member of the defense team). Guess we’re free to write about it now.

The motion to “limit electronic communication” was filed under seal Wednesday. Sources told the Chicago Tribune that the state’s attorneys office was worried that too many conversations about the case were being handled via email and after standard work hours.

UPDATE 5/25/12: After a heated hearing, during which the State complained that the defense was emailing the judge directly in an attempt to make arguments outside of court, Judge Burmila agreed to limit e-mail communications between all parties to business hours. (See ABC video above)

Feel free to discuss the case in the comments thread. We’ll probably see Drew back in court on June 6th.

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Drew Peterson trial set to begin July 23rd

Proceedings got off to a late start this morning in Joliet, with Drew Peterson displaying a change in demeanor from his last court appearance. As pre-trial motions were argued, Peterson sat calmly and refrained from openly joking with the court or reporters.

Before the noon break, Judge Edward Burmila decided that the State would not be allowed to suggest that a witness is more credible based on their profession. In other words, although Pastor Neil Schori will be allowed to testify as to what missing fourth wife Stacy Peterson told him, and he can be identified as a pastor, the State can’t ask the jury to weigh his testimony more strongly simply because of his role as clergy.

The prosecution also argued that defense request to bar mention of Stacy’s disappearance from trial is “premature”.

During the lunch break, attorney Joel Brodsky phoned In Session and told Vinnie Politan that Judge Burmila has set the trial date with jury selection beginning July 23rd and opening arguments starting July 31. He also stated that he does not expect Peterson to take the stand. He also laid out how the defense team is splitting up responsibilities for the trial:

Darryl Goldberg and Ralph E. Meczyk: Forensics
Joel Brodsky: Opening statements and witnesses questioned during pre-trial hearing (Andrew Abood questioned most of them originally but he has since left the team)
Joe Lopez: Law enforcement witnesses and closing statement
Steve Greenberg: Legal objections and motions

This afternoon the judge ruled that the prosecution will not be allowed to mention that Stacy Peterson is dead, is presumed dead or was killed by Drew Peterson. However, prosecutors may ask a witness a question in such a way that it could come out that Stacy Peterson is missing. For instance, Neil Schori might be asked why he didn’t talk to police immediately after Stacy told him that Drew had killed Kathleen, and he might reply that he was motivated to say something after Stacy suddenly disappeared.

Joe Hosey tweeted that it looked as if Harry Smith’s conversations with Stacy Peterson would be barred from evidence, and that the judge was as yet undecided about his conversations with Kathleen Savio.

Looks like the defense filed a few more motions today and another hearing is set for June 6th.

Please check out the comments thread for updates.

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Drew Peterson hearsay appeal oral arguments: Full video

Here are some references that you might find useful upon viewing:

Hearsay statute known as “Drew’s Law” 725 ILCS 5/115-10.6
Common Law Doctrine hearsay exceptions (go to 804 (b) Hearsay exceptions.)
Defendant’s motion to declare 725 ILCS 5/115-10.6 unconstituional
Attorney General’s Filing of Objections to Defendant’s motion to Declare the “Hearsay law” Unconstitutional
Defendant’s Reply to States Attorneys Response
Supreme court opinion in Giles v. California
Supreme court opinion THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ERIC HANSON
MOTION TO DISMISS THE STATE’S APPEAL OF THE TRIAL COURT’S MAY 18, 2010 ORDER ADMITTING HEARSAY STATEMENTS BECAUSE THE APPEAL WAS FILED 49 DAYS AFTER THE ORDER AND IS JURISDICTIONALLY DEFECTIVE
Notice of Interlocutory Appeal 1
Notice of Interlocutory Appeal 2
Notice of Interlocutory Appeal 3

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Drew Peterson Hearsay arguments to be broadcast live today

You can watch the proceedings live today as oral arguments are presented to the Third District Appellate Court in the matter of hearsay evidence that may or may not be admitted in Drew Peterson’s trial for the murder of third wife, Kathleen Savio.

Drew Peterson will not be at the hearing, while the head of his defense team, Joel Brodsky, will be seated in the gallery. Assistant State’s attorney Colleen Griffin will be presenting for the State, with a rebuttal by State’s Attorney, James Glasgow. Steven Greenberg will be presenting the arguments for the defense, supported by newcomer, Lisa Lopez.

The hearing is scheduled to start at 1:15 p.m. CLTV and TruTV will carry live video of the proceedings on TV starting around 1 p.m. You can also watch live online via WGN or Chicago Tribune websites. Proceedings should take about an hour.

Legal pundits have warned that the arguments may not be as interesting as the eventual trial, but this is a historic hearing and there is a lot at stake as the bulk of the State’s evidence is circumstantial. The admission of some of these statements would allow Kathleen Savio to in essence ‘speak from the grave’.

View this document on Scribd

Please join us in live-blogging the event in the comments thread if you are so inclined.

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Tom Peterson still named in wrongful death suit

Thomas Peterson

After a short appearance in court today, Martin Glink, the attorney representing the Savio family in a wrongful death suit against Drew Peterson, seems confident that the case will go forward.

Glink also told reporters that Thomas Peterson, son of Drew Peterson, is still named in the case, despite a letter that was sent to the Sun-Times stating that he was going to remove himself from the civil suit because he believed “1000%” that his father did not kill Kathleen Savio. He also filed a document to be released from the case.

Glink says that it will take more than a release to remove Thomas Peterson’s name from the civil suit, since the youth may have been influenced by others and pressured into filing the document.

Joel Brodsky did not show up in court today. Peterson was represented by Edmund Peter Boland of Carey Filter White & Boland.

The next status hearing date is scheduled for May 19.

Read more at Shorewood Patch
Letter written by Tom Peterson about his intent to remove his name from the suit
Wrongful Death Suit

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Hearsay appeal arguments to be heard February 16

Drew Peterson

The Beacon News is reporting that oral arguments will be heard relating to the appeal of excluded hearsay evidence  by Judge White in the Drew Peterson trial for the murder of Kathleen Savio. The oral arguments are scheduled to begin at 1:15 p.m. on February 16, 2011. This hearing is being held before the Illinois Appellate Court in Ottowa.

These proceedings will be open to the public, although Judge White’s rulings, and all subsequent filings, are currently under seal.

One of the local tv stations has requested that it be allowed to televise the proceedings.

The Will County State’s Attorney’s Office had filed an appeal after Judge White, who has since retired, excluded some of the hearsay evidence they presented at a pretrial hearsay hearing early last year.

UPDATE 1/25/11: Joel Brodsky has announced that Steve Greenberg will be arguing for the defense, assisted by Lisa M. Lopez (wife and law partner of Joe Lopez).

Read the story at Beacon News

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Hearing delayed for Drew Peterson’s cop son

Stephen Peterson

Oak Brook fire and police commissioners have decided to postpone the final hearing of Stephen Peterson, son of accused murder Drew Peterson, until next month. The public hearing, now continued until February 2, will decide whether or not Peterson will be allowed to keep his position as a police officer for the village, after charges that he accepted a large sum of money and hid guns for his father and in doing so obstructed the investigation into the disappearance of his father’s wife, Stacy Peterson.

The Village of Oak Brook announced on Friday that the commissioners are “not yet in a position to render a decision in this matter” adding that more time was needed to review the 30-page briefings from each side of the case. The commission will meet on Monday in a closed session to discuss the matter as was previously announced.

Meanwhile, Peterson remains on paid leave.

Read more at WLS 890AM
Document: Charges against Stephen Peterson
Document: Union attorney responds to charges

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Oak Brook police chief: If it was a toaster—he should have known better

The Chief of Police of the Village of Oak Brook took the stand last night to testify in the second day of hearings to remove Stephen Peterson, son of Drew Peterson, from the force.

Peterson has been disciplined numerous times during his career at Oak Brook, but the charges that he accepted a large sum of money and hid guns for his father during the early days of Stacy Peterson‘s disappearance are grounds for termination according to Police Chief Thomas Sheahan.

Sheahan testified that by hiding those guns the younger Peterson obstructed the investigation into Stacy Peterson’s disappearance. “If it was a toaster—he should have known better and he should have cooperated with the State Police. The evidence could have helped solve the case or exonerate someone.“

Officer Peterson maintains that his decisions and actions were those of a dutiful son, trying to help out his father and that the money and weapons had no evidentiary value.

Chief Sheahan doesn’t it see it that way, “He’s a police office. He knows what evidence is.“

Oak Brook Fire and Police Board will meet again on January 10 for a closed session to come to a decision about how they will proceed. Meanwhile, Stephen Peterson remains on paid leave from the force.

Gossip
As is typical, when there is news about Stephen, Drew’s people manage to get items planted in the gossip columns to try to deflect from it. Today’s nonsense is downright bizarre. The upshot is that due to Drew becoming out of shape and developing high blood pressure while being detained, he has been inspired to draw up yet another will in which he states that upon his death he would like his remains to be cremated and then pressed into diamonds to be given to his family.

Sure beats being dumped in a landfill, or the Cal Sag Channel…

Bolingbrook Patch
Chicago Tribune
Hinsdale Patch
Sun Times
We’re following Sabrina Wu and Joe Hosey on Twitter
Document: Charges against Stephen Peterson

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Stephen Peterson testifies in hearing to keep his job at Oak Brook police force

UPDATE DEC. 9: Stephen Peterson’s hearing will continue tonight.

Stephen Peterson, son of Drew Peterson, took the stand last night to defend his decision to accept and hide firearms for his father in the days following the disappearance of Stacy Peterson. Police Chief, Thomas Sheahan, is seeking to terminate Peterson’s employment as a police officer of the Village of Oak Brook, Illinois.

The younger Officer Peterson claimed that by agreeing to accept the guns he was merely helping out his father who was upset, and protecting his father’s favorite guns from any damage they might incur if confiscated by a search warrant.

Stephen Peterson accepted not only firearms but checks for almost a quarter of a million dollars from Drew Peterson in late October 2007. Peterson is charged on three counts:

1. Obstruction of and Failure to Disclose Facts to Law Enforcement Officials
2. Possession of Unlawful Weapon
3. Failure to Keep Internal Investigation Confidential

The full charges brought against him and background (including prior disciplinary actions) can be read here.

View this document on Scribd

Read more at:
Hinsdale Patch.com 1
Hinsdale patch.com 2
Chicago Tribune
Daily Herald

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Weapons charges against Drew Peterson dismissed

Today Judge Richard Schoenstedt agreed with Drew Peterson‘s defense that the Law Enforcement Officers Safety Act cleared the way for him to possess a semiautomatic rifle with a shortened barrel.  It is unknown at this point whether or not the State will appeal the decision.

Peterson was originally charged with possession of an illegally altered weapon in May of 2008. The case was dismissed once already but that decision was reversed and remanded by an appellate court in July of this year.

Also today, attorney Reem Odeh officially submitted her request to withdraw as counsel for Drew Peterson citing irreconcilable differences with co-counsel, Joel Brodsky. Brodsky challenged her withdrawal, wishing to have Peterson terminate her.

View this document on Scribd

Read more at ABC 7
We’re following Joe Hosey on Twitter

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