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anCtS_SQ IN THE APPELLATE COURT OF THE STATE OF ILLINOIS THIRD JUDICIAL DISTRICT
PEOPLE OF THE STATE OF ILLINOIS,
) Appeal from the Circuit Court ) of the 12th Judicial Circuit
Plaintiff-Appellant, v. DREW PETERSON, Defendant-Appellee.
) Will County, Illinois ) Indictment No. 09 CF 1048 ) Honorable Stephen D. White ) Judge Presiding
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 suspended the 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 to a speedy trial for eleven (11) months, since July 7, 2010.
Oral arguments were heard in this appeal on February 15, 2011. 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.
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.
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.)
"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.
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.
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
committed - a matter of contention), and without any confession. It is instead premised solely upon hearsay statements, not initially recounted until 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 current residence is 6 Pheasant Chase Circle, Bolingbrook, Illinois. 15. Drew has extensive family contacts in the Will County, and Northern, Illinois area, 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,
Illinois. His sister Laura, lives in Naperville, Illinois, and his brother, Paul, lives in Montgomery, Illinois, with his wife and four (4) children (the Defendant's nieces and nephews) 17. Drew owns real estate, a single-family residence at 6 Pheasant Chase Court, Bolingbrook, Will County, Illinois. The residence is paid for, and is not the subject of any mortgages, other than a line of credit on which no money is owed. Drew does not own any other real estate. Drew has owned homes in Will County, Illinois for the past twenty-five (25) years. 18. Drew is currently retired, and his only source of income is his pension from the Bolingbrook Police Department, which is approximately $6,000.00 per month. He has no substantial savings or investment accounts. 19. Drew worked in Will County, Illinois since 1977 as a law enforcement officer. He was hired by the Bolingbrook Police Department in 1977, and became a Sergeant in 1997. He was police officer of the year in 1979, and received numerous departmental commendations for his work over the years. Further, in the 1980's, for a five (5) year period, Mr. Peterson was assigned to the Metropolitan Area Narcotics Squad (MANS), where he put his life on the line on a daily basis as an undercover narcotics officer. In 1981, Mr. Peterson received a department commendation for his drug arrests. Also during this period, he worked with the Federal Drug Enforcement Agency on dangerous undercover operations. 20. As shown above, Drew is not a flight risk He was the publicly announced subject of an investigation into the death of Kathleen Savio, the alleged victim
in the above-referenced indictment, for eighteen (18) months. Drew, and most of the public, knew that the Will County State's Attorney's office expected to bring charges. During this period, Drew traveled to Los Angeles, California (approximately 100 miles from Mexico), New York, which borders with Canada, and Florida (from which several Caribbean, and Central American, 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. Passport is in the custody of the Illinois State Police, having been taken when he 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 Court grant his for Motion to Release, and for such further and other relief as this Court deem just. Respectfully submitted, Drew Peterson, Defe dant By: e of His Attorneys
I, Joel A. Brodsky, certify under penalties of perjury that the statements set forth in the foregoing Renewed Motion For Release, are true and correct ex ept as to matter s the unders ed therein stated to be on information and belief and as to such m certifies as aforesaid that he verily believes the same to true.
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eA. Brodsky Plir
Signed and Sworn to before me this day of June 3, 2011 Notary Public
"OFFICIAL SEAL* Lae P Paws smetare dans.
Steven A. Greenberg Steven A. Greenberg, Ltd. Attorneys for Defendant-Appellee 820W. Jackson, Suite 310 Chicago, Illinois 60607 (312) 879-9500 Joseph R. Lopez Lisa Lopez Attorneys for Defendant-Appellee 53 W. Jackson Boulevard, Suite 1122 Chicago, Illinois 60603 (312) 922-2001
Joel A. Brodsky Attorney for Defendant Appellee 8S. Michigan Avenue, Suite 3200 Chicago, Illinois 60603 (312) 541-7000 Ralph Meczyk Darryl Goldberg Attorneys for Defendant-Appellee 111 W. Washington Street, Suite 1025 Chicago, Illinois 60602 (312) 332-2853