Drew Peterson's attorneys launch attack on hearsay law

chicagobreakingnews.com
Drew Peterson's attorneys launch attack on hearsay law
August 10, 2009

Drew Peterson's attorneys filed a motion today challenging the constitutionality of a new state law some call "Drew's law" that allows judges to consider hearsay evidence under certain conditions.

...If prosecutors can prove Kathleen Savio was killed to prevent her from testifying, the law allows a judge to admit Savio's letters and statements to friends and family into evidence.

Peterson's attorneys argue that the law, which took effect in December, violates a defendant's 6th Amendment right to cross-examine witnesses, goes against a state constitutional proscription against retroactively applied laws and "erodes the presumption of innocence" by asking a judge to find that Peterson murdered Savio to silence her before the trial even starts.

"There is a profound unfairness in allowing the state's attorney to draft, and the legislature to enact, a law aimed at obtaining the conviction of a single individual," the motion says, referring to Will County state's attorney Jim Glasgow, who pushed for the law.

..."The new hearsay law ... would allow gossip, innuendo, rumor and back fence scandal to come into court and masquerade as evidence," the motion further states. The motion is posted on the Web site of Peterson's attorneys.

But a spokesman for the state's attorney's office said the law was specifically drafted to meet constitutional muster, and added that similar laws have been enacted in more than a dozen states.

"Mr. Glasgow is eager to argue this motion and he believes thoroughly that he will prevail as to the constitutionality issues," said spokesman Chuck Pelkie.

Peterson attorney Joel Brodsky countered, "It's not that often that a county judge declares a law unconstitutional but I don't think he has a choice. It's an ill-conceived law that's been subject to a lot of legal criticism."

Brodsky said that if Judge Stephen White rules the law unconstitutional, he hopes Peterson could be released on bond. Peterson's attorneys are also asking that the trial be moved outside Will County.

read article here