Gun charges dropped against Drew Peterson
A judge dismissed felony gun charges against Drew Peterson on Thursday after Will County prosecutors refused to hand over internal documents leading to their decision to arrest the former Bolingbrook police sergeant.
In a tense hearing, Judge Richard Schoenstedt ruled Thursday that prosecutors must comply with his order to give defense attorneys the documents. He did not say what they contained.
Schoenstedt told prosecutors if they did not hand over the documents, he would have to drop the charges.
Will County Assistant State's Attorney John Connor refused to do so, saying such a move would open a "flood gate" for future cases.
Peterson's attorney, Joel Brodsky, said he was pleased with the judge's decision.
Prosecutors can appeal to the state appellate court, but if they lose they cannot refile charges against Peterson, Brodsky said.
The felony gun charges stemmed from an investigation into the disappearance of Peterson's wife, Stacy. He was charged with allegedly owning an assault rifle with a barrel shorter than allowed by state law.
The gun was one of several weapons seized by state police investigators during a search of Peterson's Bolingbrook home after Stacy Peterson vanished on Oct. 28, 2007. Peterson, 54, has not been charged in the case, and has repeatedly said he thinks his wife ran off with another man.
A legal battle over the weapons ensued, with Brodsky trying to convince the judge to order authorities to give them back to his client, just as he'd successfully won a court order forcing them to return Peterson's vehicles, computers and other belongings.
But in the midst of that battle, the Will County State's Attorney's office charged Peterson with unlawful use of a weapon, contending that the assault rifle was illegal under Illinois law because the barrel was too short.
Since the charges were announced, Brodsky has contended that Peterson did not break the law because the weapons that peace officers peace officers use as part of their duties are exempt from the length provision of the law.
Peterson used the weapon as part of his duties on the Bolingbrook Police Department's SWAT unit, Brodsky said.
Brodsky has also accused prosecutors of "vindictive prosecution," saying that gun charges were filed to punish Peterson because he prevailed in winning court orders that prosecutors had fought, including one that forced authorities to turn weapons over to Peterson's adult son.
Will County prosecutors have disputed Brodsky's contention, arguing that by possessing the gun Peterson did, in fact, break the law.
Authorities are also investigating the death of Peterson's third wife, Kathleen Savio, whose body was found in an empty bathtub in her house in 2004. After Stacy Peterson disappeared, investigators reopened the investigation of Savio's death and following the exhumation of her body and an autopsy, her death was reclassified as a homicide. Peterson has not been named a suspect in her death.