Gun Charges

[Blue]

joel and abood were on greta talking about dp len and gun charges

http://www.foxnews.com/video2/video08.html?maven_referralObject=2755198&maven_referralPlaylistId=&sRevUrl=http://www.foxnews.com/ontherecord/index.html

[Blue]

THE ASSOCIATED PRESS
Posted Jul 14, 2008 @ 11:34 PM

JOLIET — 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.

Will County Judge Richard Schoenstedt said that 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.

[Blue]

I just heard a couple of RUMORS... the kids are visiting with family away from dp...and dp is in Fla with jb. WTF!!! He could stage his own death  very easily if they are on a yacht as reported. We need some proof though, are these rumors true? dp supposedly hasn't been on-line since yesterday....and bones found today? We need to check this out!
I am torn when I think of the possibility of him never coming back, I hope they find Stacy soon, then his existence won't matter at all to me.

[Blue]

from July 16th

Judge Allows Drew Peterson to Leave Illinois on Vacation While Considering Motion to Dismiss Weapons Charge

Wednesday, July 16, 2008
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.

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.

[Blue]

 FOXNEWS.COM HOME > U.S.
Judge Allows Drew Peterson to Leave Illinois on Vacation While Considering Motion to Dismiss Weapons Charge

Wednesday, July 16, 2008



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.

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.

[northtxmom]

I just heard a couple of RUMORS... the kids are visiting with family away from dp...and dp is in Fla with jb. WTF!!! He could stage his own death  very easily if they are on a yacht as reported. We need some proof though, are these rumors true? dp supposedly hasn't been on-line since yesterday....and bones found today? We need to check this out!
I am torn when I think of the possibility of him never coming back, I hope they find Stacy soon, then his existence won't matter at all to me.

oh wow, i never thought of that, blue!! i heard that rumor too.....i wouldn't put anything past him or jb. i certainly don't trust either one of them!

[shark]

http://www.suburbanchicagonews.com/bolingbrooksun/news/1084947,6_1_NA01_PETERSON_S1.article

The charge stands
Peterson will face weapons case


August 1, 2008Recommend

By STEWART WARREN The Herald News
Drew Peterson's rifle wasn't legal, a judge ruled July 30.

So the unlawful use of a weapon charge filed against him will stand, Will County Judge Richard Schoenstedt said.

This round goes to the state. Chalk up a loss for Peterson.

After the hearing, Joel Brodsky, one of the former Bolingbrook police officer's lawyers, stood outside the courthouse, waiting to speak to the press. As he waited for one reporter to arrive, Brodsky turned away from the cameras and wiped sweat from his face. Despite the ruling, he sounded cheerful. Someone asked him if he won in court.

"The prosecution is continuing, so it's not a total victory," he admitted.


Sight too short?

Peterson, 54, of Bolingbrook was arrested May 21 and charged with the unlawful use of a weapon. He was accused of owning a Colt Sporter Lightweight .223 Remington rifle with an attached EOTech electronic sight. By law, the gun should be 16 inches long, state prosecutors said. Without the electronic sight, the gun was too short.
Police had seized that gun and 10 others from Peterson's home late last year after the mysterious October disappearance of Stacy Peterson, 23, his third wife. The young mother of two hasn't been seen since, and the case has been dubbed a potential homicide.

It's also become a media circus with reporters dogging Peterson's every move.

After Stacy vanished, police reopened the investigation into the 2004 drowning of his third wife, Kathleen Savio. The 40-year-old was found dead in a dry bathtub at her Bolingbrook home during the final phase of her bitter divorce from Peterson. At first, coroner's jury ruled her death accidental. But after her body was exhumed near the end of 2007, the opinion changed. It's now considered a homicide.

That only increased the media frenzy.


Gun case arguments

Earlier this year, Peterson's lawyers asked the judge to return his weapons. But before they could get an answer, the state revoked his firearm owner's identification card - meaning Peterson now can't legally own guns. As a kind of compromise, Schoenstedt later returned most of the weapons to one of Peterson's sons, an Oak Brook police officer.
On July 14, the judge heard arguments in the gun case. Under the Law Enforcement Officers Safety Act of 2004, police officers are allowed to own guns that might be illegal under state statutes, Brodsky argued.

But the state disagreed.

Congress wrote the law to protect armed officers who might be traveling to other states, Will County Assistant State's Attorney John Connor said. It allows them to follow the gun laws of their own state while in other jurisdictions. Some states have laws allowing officers to carry concealed weapons, and others don't, Connor argued, citing an example.

During this week's hearing, Schoenstedt said the 2004 act did apply to Peterson when the gun was seized. At that time, he still was working as a Bolingbrook police officer.

"The final issue is, again, whether Mr. Peterson may be charged with possessing an illegal firearm regardless of the protection (the 2004 act) provides him. This issue was certainly the primary focus of the arguments presented by the attorneys," Schoenstedt said. "For the defense to be successful at this stage, this court would be required to make certain assumptions on behalf of the defense, and against the state ... this court declines to do so."

Peterson now will return to court at 9:30 a.m. Aug. 28 for a pretrial hearing in the case.

[Blue]

http://www.chicagotribune.com/news/local/chi-drew-peterson-webaug29,0,7433493.story?track=rss

Drew Peterson's trial date set on felony gun charges over modified assault rifle

By Erika Slife | Chicago Tribune reporter
    12:05 PM CDT, August 28, 2008

A Will County judge set a Dec. 8 trial date for former Bolingbrook Police Sgt. Drew Peterson, who faces felony gun charges stemming from the investigation of his wife's disappearance.

The trial could take up to two weeks, Judge Richard Schoenstedt said Thursday.

Peterson, who appeared in court sporting a full beard, is accused of owning a modified assault rifle with a barrel nearly 5 inches shorter than allowed by state law. His attorneys argue Peterson used the gun as a duty weapon.

The rifle was seized last fall after search warrants were executed as part of the investigation into the disappearance of Peterson's fourth wife, Stacy. The Bolingbrook mother, who was 23 at the time, vanished Oct. 28, and police named Drew Peterson, 54, a suspect in the case. He was arrested in May on possessing the weapon.

Peterson is next scheduled to appear in court on Sept. 18 for a pretrial hearing.

[Blue]

Drew Peterson's attorneys want his felony gun trial out of Will County
http://www.chicagotribune.com/news/local/chi-peterson_29aug29,0,4640506.story

Suspect in wife's disappearance files request for change of venue among several pretrial motions

By Erika Slife | Chicago Tribune reporter
    August 29, 2008

Drew Peterson's attorneys Thursday requested a change of venue in the felony gun case against the former Bolingbrook police sergeant, arguing he may not get a fair trial in Will County.

"Really, a task for everybody, including the judge and the state's attorney, is making sure Drew gets a fair trial, and that's picking jurors that really know nothing about the case," said attorney Andrew Abood. "And given the amount of media attention associated with this case, it's going to be very difficult to find jurors that really don't know anything about Drew Peterson or haven't formed an opinion."

Peterson, 54, has been named the suspect in the Oct. 28 disappearance of his fourth wife, Stacy, who was 23 when she vanished.

In May, Peterson was arrested for possessing a modified assault rifle with a barrel of less than 16 inches in violation of state law, officials said. Authorities seized the rifle after search warrants were executed as part of the investigation into Stacy's disappearance.

In preparation for the case, set to begin Dec. 8, Peterson's lawyers filed a series of motions, including safeguards for selecting an impartial jury if Judge Richard Schoenstedt denies the request for change of venue.

Their requests include pretrial jury questionnaires and taking potential jurors into chambers during interviews so their responses will not influence the jury pool.

"One thing I want to make clear is that this is not a situation that this office has created," said Charles Pelkie, spokesman for the state's attorney's office. "They have a greater ability to limit their client's access to the media, or their own access to the media, than we have."

eslife@tribune.com

[shark]

 shark said...
BREAKING NEWS!!!

November 12, 2008 at 5:25 PM | Comments (0)
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.

--Erika Slife, Chicago Breaking News Center

[Blue]

Gun charges dropped against Drew Peterson
http://www.dailyherald.com/story/?id=252236&src=2


A judge dismissed felony gun charges against Drew Peterson on Thursday after Will County prosecutors refused to hand over internal documents leading to their decision to arrest the former Bolingbrook police sergeant.

In a tense hearing, Judge Richard Schoenstedt ruled Thursday that prosecutors must comply with his order to give defense attorneys the documents. He did not say what they contained.

Schoenstedt told prosecutors if they did not hand over the documents, he would have to drop the charges.

Will County Assistant State's Attorney John Connor refused to do so, saying such a move would open a "flood gate" for future cases.

Peterson's attorney, Joel Brodsky, said he was pleased with the judge's decision.

Prosecutors can appeal to the state appellate court, but if they lose they cannot refile charges against Peterson, Brodsky said.

The felony gun charges stemmed from an investigation into the disappearance of Peterson's wife, Stacy. He was charged with allegedly owning an assault rifle with a barrel shorter than allowed by state law.

The gun was one of several weapons seized by state police investigators during a search of Peterson's Bolingbrook home after Stacy Peterson vanished on Oct. 28, 2007. Peterson, 54, has not been charged in the case, and has repeatedly said he thinks his wife ran off with another man.

A legal battle over the weapons ensued, with Brodsky trying to convince the judge to order authorities to give them back to his client, just as he'd successfully won a court order forcing them to return Peterson's vehicles, computers and other belongings.

But in the midst of that battle, the Will County State's Attorney's office charged Peterson with unlawful use of a weapon, contending that the assault rifle was illegal under Illinois law because the barrel was too short.

Since the charges were announced, Brodsky has contended that Peterson did not break the law because the weapons that peace officers peace officers use as part of their duties are exempt from the length provision of the law.

Peterson used the weapon as part of his duties on the Bolingbrook Police Department's SWAT unit, Brodsky said.

Brodsky has also accused prosecutors of "vindictive prosecution," saying that gun charges were filed to punish Peterson because he prevailed in winning court orders that prosecutors had fought, including one that forced authorities to turn weapons over to Peterson's adult son.

Will County prosecutors have disputed Brodsky's contention, arguing that by possessing the gun Peterson did, in fact, break the law.

Authorities are also investigating the death of Peterson's third wife, Kathleen Savio, whose body was found in an empty bathtub in her house in 2004. After Stacy Peterson disappeared, investigators reopened the investigation of Savio's death and following the exhumation of her body and an autopsy, her death was reclassified as a homicide. Peterson has not been named a suspect in her death.

[Blue]

http://www.prnewschannel.com/absolutenm/templates/?a=1059&z=4

State's Attorney Takes Another Shot at Gun Charges Against Drew Peterson
Still fresh from a courtroom victory, Drew Peterson's attorney says the State's Attorney has appealed the dismissal of gun charges.

(PRNewsChannel) / Chicago, Ill. / Drew Peterson, the former law enforcement officer accused in the disappearance of his fourth wife Stacy and implicated in the death of his third wife, may once again face gun charges that, if convicted, could land him in jail.

The Will County State's Attorney Office appealed the dismissal of gun charges against Peterson, according to court records.

"We are confident that the dismissal will be upheld and the appeal dismissed, but should prosecutors win their appeal, we're equally confident that prosecutors will lose the case at trial," says Joel Brodsky, Peterson's lead criminal defense attorney. "No police officer has even been charged with such a crime.  This is a vindictive, selective prosecution."

Brodsky claims that under the Law Enforcement Officer Safety Act (LEOSA), Peterson should not be facing this or any other gun charges.

The Law Enforcement Officers Safety Act is a United States federal law enacted in 2004 that allows two classes of persons, the "qualified law enforcement officer" and the "qualified retired law enforcement officer," to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions.

Last month, a Will County judge dismissed all felony gun charges against former Bolingbrook Police Sgt. Drew Peterson after the prosecution refused to comply with the judge's order to give the defense internal documents leading up to the charges against Peterson.

Peterson was arrested in May for allegedly possessing a modified assault rifle with a barrel of less than 16 inches. Authorities had seized the rifle while investigating disappearance of Peterson's fourth wife, Stacy, who vanished Oct. 28, 2007.

But Brodsky had questioned the timeline of how the gun case unfolded and demanded the prosecution hand over records.  When they refused, Judge Richard Schoenstedt said he had no choice but to dismiss the case.

Peterson has not been charged with any crime relating to the disappearance of his wife Stacy or the death of his ex-wife Kathleen Savio whose death has been reclassified as a homicide.

For the latest on the Drew Peterson case, please visit http://www.thepublicityagency.com/drew_peterson.htm.

Editor's note:  Joel Brodsky is available for interviews.

Media Contact:
Glenn Selig
The Publicity Agency - www.thepublicityagency.com
Phone: (813) 300-5454 or (813) 948-7767
Email: glenn@thepublicityagency.com (BlackBerry)

This press release was issued by PRNewsChannel.  For more information on press release distribution, please visit http://www.prnewschannel.com.

Source Web Site: thepublicityagency.com

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