Renewed Motion for Release of Drew Peterson - June 6, 2011 - Justice Café -

8/6/2019 Renewed Motion for Release of Drew Peterson - June 6, 2011 - Justice Caf - http://petersonstory.wordpress.com

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NO.: &WallcaritoAdattchnitfliEMSW- 5a1L6.anCtS_SQ

IN THEAPPELLATE COURT O F THE STATE OF ILLINOIS

THIRD JUDICIAL DISTRICT

PEOPLE OF TH E STATE OF ILLINOIS,Appeal from the Circuit Court) of the 12 t h Judicial CircuitPlaintiff-Appellant,Will County, Illinoisv.Indictment No. 09 CF 1048D R E W P E TE R S O N , ) Honorable Stephen D. WhiteDefendant-Appellee.Judge PresidingREBBLEnRELEASE t RN O W CO ME S the Defendant D rew Peterson, by all counsel of record, and renewshis request for release from detention:1. This Court has jurisdiction to release the Defendant, de novo, pursuant toS upreme Court R ule 604(a)(3). People it B eaty, 351 111A pp.3d 717 (2004) an dPeople v. W el ls 279111.A pp.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.Howev er, on July 7, 201 0 the S tate filed the instant appeal, which suspendedthe D efendant's statutory right to a speedy trial. (Sup. Crt. R ule 604(a)(3))

3. The Defendant has now been incarcerated in lieu of a $20,000,000.00 bondfor 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 (1 1) m onths, since July 7, 2 010.


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5. O ral 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 theirreasoned decision. However Defendant should not be denied his right to aspeedy 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 ithas had a chance to review the record in this matter.

8. S ee People v . W ells 27911I.A pp.3d 564 , 567 (199 6) ( 'Generally , i t is anticipatedthat defendant's will enjoy complete f reedom during a delay occasioned byinterlocutory appeal.)

9. "Supreme Court Rule 604(a)(3) contemplates the restoration of thatfreedom lost when the prosecution was commenced" W el ls , id . "604(a)(3)favors release. Its paramount aim is to guarantee protection from the powergranted the State under Supreme Court Rule 604(a)(1)." Wells, id. " Adefendant's pretrial imprisonment during the pendency of a State's appeal isthe rare exception to a rule favoring release". W ells, id.

10. T here is nothing to suggest that D rew P eterson would be a danger to anyoneif released. Regardless of whatever the general perception may be, or any gutfeelings regarding his past activities may be, the fact remains that he was aveteran police officer of supervisory rank with 30 years of serv ice.

11. At best there has never been more than a mere finding of probable cause thathe committed any criminal act This is, at this point, a case without anyphysical evidence tying the Defendant to any crime, (if in fact any crime was

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committed - a matter of contention), and without any confession. It isinstead 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 to1976, Drew was based in Washington D.C., and served in the Military Policeunit out of Arlington, VA. Part of his duties was to provide security fordignitaries, including the President of the United States. On occasion, Mr.Peterson provided security for President Gerald Ford. Mr. Peterson wasgranted 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, alllive 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 thereis his son Stephen Peterson, age 30, who lives in Oak Brook, Illinois, with hiswife 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,

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Illinois. His sister Laura, lives in Naperville, Illinois, and his brother, Paul,lives in Montgomery, Illinois, with his wife and four (4) children (theDefendant's nieces and nephews)

17. D rew owns real estate, a single-family residence at 6 P heasant Chase Court,Bolingbrook, Will County, Illinois. The residence is paid for, and is not thesubject of any mortgages, other than a line of credit on which no money isowed. Drew does not own any other real estate. Drew has owned homes inW ill County, Illinois for the past twenty-five (25 ) years.

18. Drew is currently retired, and his only source of income is his pension fromthe Bolingbrook Police Department, which is approximately $6,000.00 permonth. H e has no substantial savings or inv estment accounts.

19. D rew worked in W ill County, Illinois since 1977 as a law enforcement officer.He was hired by the Bolingbrook Police Department in 1977, and became aSergeant in 1997. He was police officer of the year in 1979, and receivednumerous departmental commendations for his work over the years.Further, in the 1980's, for a five (5) year period, M r. P eterson was assigned tothe Metropolitan Area N arcotics Sq uad (MA N S), w here he put his life on theline on a daily basis as an undercover narcotics officer. In 1981 , Mr. P etersonreceived a department commendation for his drug arrests. Also during thisperiod, he worked with the Federal Drug E nforcement Agency on dangerousundercover operations.

20. As shown above, Drew is not a flight risk He was the publicly announcedsubject of an investigation into the death of Kathleen Sav io, the alleged v ictim

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R espectfully subm itted,Drew Peterson, Defe dant

B y : e of His AttorneysAFFIDAVIT

Notary Public

in the above-referenced indictment, for eighteen (18) months. Drew, andmost of the public, knew that the Will County State's Attorney's officeexpected to bring charges. D uring this period, D rew traveled to Los A ngeles,California (approximately 100 miles from Mexico), N ew Y ork, which borderswith Canada, and Florida (from which several Caribbean, and CentralAm erican, non-extradition countries can be reached by boat or plane).

21. Drew is a U.S. Citizen, and is not a citizen of any other country. His U.S.P assport is in the custody of the Illinois State P olice, having been taken whenhe was arrested. He does not want it back until after this case is resolved.

WHEREFORE, for all of the foregoing reasons, Defendant requests that this Courtgrant his for Motion to Release, and for such further and other relief as this Court deemjust.

I, Joel A. Brodsky, certify under penalties of perjury that the stateme nts set forth inthe foregoing Renewed Motion For Release, are true and correct ex ept as to mattertherein stated to be on information and belief and as to such mthe unders edcertifies as aforesaid that he verily believes the same torue.S igned and Sworn to before methis day of June 3, 2011

.AjeA BrodskyPir"OFFICIAL SEAL*Lae P Pawssmetare dans.IMI7/11012[ 5 ]


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Steven A . G reenbergStev en A. G reenberg, Ltd.Attorneys for Defendant-Appellee820W . Jackson, Suite 310Chicago, Illinois 60607(312) 879-9500Joseph R. LopezLisa LopezAttorneys for Defendant-Appellee53 W . Jackson Boulevard, Suite 1122Chicago, Illinois 60603(312) 922-2001

Joel A. BrodskyAttorney for D efendant Appellee8S. M ichigan Avenue, Suite 3200Chicago, Illinois 60603(312) 541-7000R alph MeczykD arryl GoldbergAttorneys for D efendant-Appellee111 W . W ashington Street, Suite 1025Chicago, Illinois 60602(312) 332-2853

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Renewed Motion for Release of Drew Peterson - June 6, 2011 - Justice Café -