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Joel Brodsky: Motion to Strike Unauthorized Post Trial Motion

Joel Brodsky: Motion to Strike Unauthorized Post Trial Motion

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Published by Justice Café
Joe Brodsky's motion responding to the motion filed for a new trial for Drew Peterson based on ineffective assitance by attorney Joel Brodsky
Joe Brodsky's motion responding to the motion filed for a new trial for Drew Peterson based on ineffective assitance by attorney Joel Brodsky

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Categories:Types, Research, Law
Published by: Justice Café on Oct 11, 2012
Copyright:Attribution Non-commercial

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07/10/2013

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IN
THE
CIRCUIT
COURT
OF
THE
TWELFTH
JUDICIAL
CIRCUIT
WILL
COUNTY,
ILLINOIS
I
People
Of
the
State
Of
Illinois
)I
Petitioner
)I
vs.
)
No.
09
CF
1048
(Custody)
I
Drew
Peterson
)I
Respondent
)I
'
NOTICE
OFMOTION
To:
James
Glasgow
John
Connor
Will
County
StatesAttorney
121
N.
Chicago
St
Joliet
lL
60432
jglasgow@wiIlcountyiIIinois.com
jconnor@willcountyillinois.com
On
October
12,
2012,
2009
at
9:30
a.m.
or
as
soon
thereafter
as
counsel
may
be
heard,
I
shall
appear
before
the
Honorable
Edward
Burmila,
or
any
judge
sitting
in
his
stead,
in
Courtroom
403
ofthe
Will
County
Courthouse,14
W.
Jefferson
St.,
Joliet,
Illinois,
and
present
the
attached
motion.
Joel
A.
Brodsky
.
Attorney
for
Drew
Peterson
_
8
S.
MichiganAve.
~
Suite
3200
Chicago
Illinois
60603
(312)
541-7000
PROOF
OF
SERVICE
BY
E-MAIL
l,
JoelA.
Brodsky,the
attorney,
certify
that
on
October
10,
2012,
served
this
notice
by
e-
mailing
acopy
to
each
person
to
whom
t
is
directed
at
the
addresses
indlcat
above
from
8
S.
Michigan
Ave.,
Chicago,
lL.
before
5:00
p.m..
JJ
 
IN
THE
CIRCUIT
COURT
OF
THE
TWELFTH
JUDICIAL CIRCUIT
WILL
COUNTY,
ILLINOIS
-
I
People
Of
The
State
Of
Illinois
)I
Plaintiff
)I
vs.
)
No.
09
CF
1048
I
Drew
Peterson
)
.
I
Defendant
)I
MOTION
TO
STRIKE
UNAUTHORIZED
POST-TRIAL
MOTION
FILED
BY ATTORNEYS
JOHN
PAUL
CARROLL
AND
MICHELLE
GONZALEZ,
TO
HOLD JOHN
PAUL
CARROLL
AND
MICHELLE
GONZALEZ
IN
DIRECT
CRIMINAL
CONTEMPT
OF
COURTAND
TO
APPOINT
A
SPECIAL
PROSECUTOR
Now
comes
the
Defendant
Drew
Peterson,
by
and
through
his
attorney,
Joel
A.
Brodsky-
and
moves
this
Court
to
enter
an
order
striking
the
Post-Trial
Motion
filed
on
behalf
of
the
Defendant
Drew
Peterson
by
attorney
John
Paul
Carroll
and
Michelle
Gonzalez,
to
hold
John
Paul
I
Carroll
and
Michelle
Gonzalez
in
direct
criminal
contempt
of
court,
and
to
appoint
a
special
prosecutorto
investigate
leaks
of
impounded
documents.
In
support
of
this
motion
the
Defendant
states:
1.
On
October
9,
2012,
the
Defendant’s
Attorney
Joel
A.
Brodsky
was
advised
that
attorneys
John
Paul
Carroll
and
Michelle
Gonzalez
has
iled
a
post-trial
motion
in
the
above
ntitled
caseon
behalf
of
the
Defendant
Drew
Peterson.
2.
That
prior
to
this
date,
the
Defendant’s
attorneyJoel
Brodsky
had
been
advised
by
the
Defendant
that
the
Defendant
had met
ith
John
Paul
Carroll
and
his
associate
Michelle
Gonzalez
to
discuss
issuesregarding
his
pension
onlyand
hat
John
Paul
Carroll
and
Michelle
Gonzalezhadnot
been
hiredor
authorized
to
appear
or
represent
him
in
this
case.
3.
That
on
several
occasions
between
September
30,
2012
and
October
9,
2012,
in
three
 
(3)
face
to
face
meetings,
and
at
least
eight
(8)
telephone
conversations,
Defendanthas
informed
JoelA.
Brodsky
that
hehas
never
hired
Attorney
John
Paul
Carroll
or
Michelle
Gonzalez
to
represent
him
in
the
case
of
People
.
Drew
Peterson,
O9
CF
1048,
and
Attorney
John
Paul
Carroll
and
Michelle
Gonzalez have
never
been
authorized
byDefendant
Drew
Peterson
to
appearforhim
or
file
any
motion
orpleading
on
his
behalf
in
this
case.
4.
That
based
on
the
information
from
the
Defendant
Drew
Peterson,the
motion
filed
by
John
Paul
Carroll
and
Michelle
Gonzalez
n
this
case
s
totallyand
completely
unauthorized,
and
is,
and
should
be
held
to
be,
null
and
void.
5.
That
to
the
knowledge
of
Defendant
and
his
attorneyJoel
Brodsky
this
Court
has
not
A
granted
the
Attorney
John
Paul
Carroll
or
Attorney
Michelle
Gonzalez
leave
to
appear
for
the
Defendant.
An
attorney
who
has
not
been
granted
leave
to
appear
cannot,
and
should
not,
file
any
motions
in
a
case.
6.
The
aforesaid
wrongful
and
illegal
actionsof
Attorney
John
Paul
Carroll
and
Attorney
Michelle
Gonzalez
are
criminally
contemptuous
of
the
majesty
and
authority
of
this
Court
in
that
theyattempt
o
prejudice
the
appeal
rights
Defendant
who
has
been
convicted
of
1s'
degree
murder
in
a
jury
trial
before
this
Court,
attempt
to
wrongfully
deprive the
Defendant
of
his
G"`
Amendment
right
to
counsel
of
his
choice
for
post-trial
motions
before
this
Court,
and
wrongfully
endangerthework
done
in
a
five
(5)
week
jury
trial
held
before
this
Court
without
cause
or
authority.
These
actions
were
done
by
filings
with
theClerk
of
the
Court
and
thereby
constitute
direct
criminal
contempt
of
the
authority
and
majesty
of
this
Court.
7.
That
even
though
he
is
counsel
of
record,
Joel
Brodskyhas
not
been
served
with
a
copy
of
the
motion
filed
by
John
Paul
Carroll.
Having
only
seen
the
allegations
on
the
version
of
the
motionposted
by
the
Chicago
Tribune,
Defendant
and
is
attorney
Joel
A.
Brodsky
tatethat
the
unauthorized
motion
filed
by
John
Paul
Carroll
is
based
ntirely
on
allegations
that
are
-2-

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