Lawyers: Peterson felony charge 'unfair'
Attorneys want internal documents released
The cops are picking on Drew Peterson, his lawyers say, and are so intent on meting out punishment that they unfairly pinned a felony on him.
Peterson's attorneys argued on Wednesday that the state should fork over internal documents outlining how they decided to bring a felony gun charge against Peterson in May.
(AP File)
To prove the vindictive and selective prosecution of Peterson, one of his two defense lawyers, Joel Brodsky, laid out a timeline of events beginning with the state police seizing firearms from Peterson's house four days after his young wife, Stacy, vanished and culminating with Peterson's May arrest.
Brodsky's timeline showed that at one point during the ongoing court battle Peterson waged to reclaim his guns, Judge Richard Schoenstedt ordered they be returned. But the very next day, the state police revoked Peterson's firearm owner's identification card, effectively blocking the judge's order.
The gun charge stems from Peterson possessing an assault rifle with a barrel allegedly shorter than the state-mandated 16 inches. Peterson maintains he carried the weapon as part of his duties with the Bolingbrook Police Department's SWAT team and with the knowledge and permission of his superiors.
Peterson's other attorney, Andrew Abood, claimed a statement made by the spokesman for the state's attorney's office showed the vindictive nature of the case.
Following Peterson's arrest -- which occurred the day before Schoenstedt allowed Peterson's son, Stephen Peterson, to take possession of eight of his father's confiscated firearms -- Pelkie said, "An illegal weapon might be put back on the street and we can't let that happen."
"Because Mr. Peterson asserted his constitutional right, we decided to charge (the gun case)," Abood said in his interpretation of Pelkie's statement.
Brodsky and Abood also said the case was selective because the indictment against Peterson accuses his son Stephen of possessing the assault rifle but does not charge him with anything.
If Peterson's defense team succeeds in convincing Schoenstedt to order the release of the documents, a jury would have to acquit Peterson if they decide the prosecution was vindictive or selective.
Besides the gun charge they brought against Peterson, state police have named him a suspect in the October disappearance of fourth wife Stacy Peterson. The state police also are investigating the March 2004 homicide of Peterson's third wife, Kathleen Savio. At the time of her death, the state police found no indication of foul play but got another crack at it after Stacy disappeared.
Assistant State's Attorney Dede Osterberger called Brodsky and Abood's case a "fishing expedition."