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Renewed Motion for Release of Drew Peterson - June 6, 2011 - Justice Café - http://petersonstory.wordpress.com/

Renewed Motion for Release of Drew Peterson - June 6, 2011 - Justice Café - http://petersonstory.wordpress.com/

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Published by Justice Café
Peterson's lawyers appeal once more for him to be released from jail while awaiting trial for the murder of Kathleen Savio.
Peterson's lawyers appeal once more for him to be released from jail while awaiting trial for the murder of Kathleen Savio.

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Categories:Types, Research, Law
Published by: Justice Café on Jun 06, 2011
Copyright:Attribution Non-commercial

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01/23/2012

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NO.: &Wall
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IN THE
APPELLATE COURT OF THE STATE OF ILLINOIS
THIRD
JUDICIAL DISTRICTPEOPLE OF THE STATE OF ILLINOIS,
 
Appeal from the Circuit Court
) of
the
12
th
Judicial CircuitPlaintiff-Appellant,
Will County, Illinois
v.
Indictment No. 09 CF 1048
DREW PETERSON,
) Honorable Stephen
D.
WhiteDefendant-Appellee.
Judge Presiding
REBBLEni RELEASE
t R
NOW COMES the Defendant Drew Peterson, by all counsel of record, and renews
his request for release from detention:
1.
This Court has jurisdiction to release the Defendant, de novo, pursuant to
Supreme Court Rule 604(a)(3).
People
it
Beaty, 351 111App.3d 717 (2004)
and
People v. Wells 279111.App.3d 564, 654 N.E. 2d 660 (1996)
2.
The Defendant's trial in the underlying case was set to begin on July 8, 2010.However, on July 7, 2010 the State filed the instant appeal, which suspendedthe Defendant's statutory right to a speedy trial. (Sup. Crt. Rule 604(a)(3))
3.The Defendant has now been incarcerated in lieu of a $20,000,000.00 bond
for more than two (2) years, since May of 2009.
4.
The Defendant has now been denied his constitutional and statutory rights toa speedy trial for eleven (11) months, since July 7, 2010.
 
5.
Oral arguments were heard in this appeal on February 15, 2011.
6.The Defendant does not wish to hurry this court in making its decision, and
wants the Justices to take all the time necessary for them to make their
reasoned decision. However Defendant should not be denied his right to a
speedy trial and incarcerated at the same time while this appeal is pending.
7.
This court is in a better position to order the Defendants release now that it
has had a chance to review the record in this matter.
8.
See
People v. Wells 27911I.App.3d 564, 567 (1996) ('Generally, it is anticipated
that defendant's will enjoy complete freedom during a delay occasioned by
interlocutory appeal.)
9.
"Supreme Court Rule 604(a)(3) contemplates the restoration of that
freedom lost when the prosecution was commenced"
Wells, id.
"604(a)(3)
favors release. Its paramount aim is to guarantee protection from the power
granted the State under Supreme Court Rule 604(a)(1)."
Wells, id.
"A
defendant's pretrial imprisonment during the pendency of a State's appeal is
the rare exception to a rule favoring release".
Wells, id.
10.
There is nothing to suggest that Drew Peterson would be a danger to anyone
if released. Regardless of whatever the general perception may be, or any gut
feelings regarding his past activities may be, the fact remains that he was a
veteran police officer of supervisory rank with 30 years of service.
11.
At best there has never been more than a mere finding of probable cause that
he committed any criminal act This is, at this point, a case without any
physical evidence tying the Defendant to any crime, (if in fact any crime was
[2]
 
committed - a matter of contention), and without any confession. It is
instead premised solely upon hearsay statements, not initially recounteduntil years after Ms. Savio-Peterson's death, and exhumation autopsies,
which reached different conclusions than the original.
12.
Defendant Drew Peterson is 56 years old and is a life long resident of Illinois.
He has no history of any criminal convictions. He has lived in Bolingbrook,
Will County, Illinois since 1977, and before that lived in Lombard, Illinois.
13.
A military veteran, having served in the United States Army from 1974 to
1976, Drew was based in Washington D.C., and served in the Military Police
unit out of Arlington, VA. Part of his duties was to provide security for
dignitaries, including the President of the United States. On occasion, Mr.
Peterson provided security for President Gerald Ford. Mr. Peterson was
granted an Honorable Discharge from the U.S. Army in 1976.
14.
Since 1977, Drew has lived in Bolingbrook, Will County, Illinois. His currentresidence is 6 Pheasant Chase Circle, Bolingbrook, Illinois.
15.
Drew has extensive family contacts in the Will County, and Northern, Illinoisarea, and has no family outside of Northern, Illinois.
16.
Drew's six (6) children, (1) grandchild, and four (4) nieces and nephews, all
live in Northern, Illinois. There are Lacy, age 5, Anthony, age 6, Kristopher,age 16, and Thomas, age 18 who live at his Bolingbrook address. Then there
is his son Stephen Peterson, age 30, who lives in Oak Brook, Illinois, with his
wife and child (who is Defendant Peterson's grandchild). Drew's oldest son,
Eric, is 31. Drew's mother, Betty, is 86 years old and lives in Westmont,
[3]

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