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View Full Version : Joel Brodsky Is Demanding Drew Peterson's Release From Jail!


Leila
07-07-2010, 04:18 PM
Joel Brodsky is reportedly on his way to Joliet to demand Drew Peterson's release from jail. He's basing his demand for Peterson's release on Rule 315(a) of state rules.

3) Release of Defendant Pending Appeal. A defendant shall not be held in jail or to bail during the pendency of an appeal by the State, or of a petition or appeal by the State under Rule 315(a), unless there are compelling reasons for his continued detention or being held to bail.

http://www.state.il.us/court/supremecourt/rules/Amend/2005/MRAmend020105.htm

mitzi
07-07-2010, 06:32 PM
Joel Brodsky is reportedly on his way to Joliet to demand Drew Peterson's release from jail. He's basing his demand for Peterson's release on Rule 315(a) of state rules.

3) Release of Defendant Pending Appeal. A defendant shall not be held in jail or to bail during the pendency of an appeal by the State, or of a petition or appeal by the State under Rule 315(a), unless there are compelling reasons for his continued detention or being held to bail.

http://www.state.il.us/court/supremecourt/rules/Amend/2005/MRAmend020105.htm

GAWD, let's hope Judge White doesn't let DP out. Hard to believe that a Judge would let an accused murderer with a $20 million dollar bond back out on the streets.

If he gets out, it would be so cool if they slapped him with a charge in Stacy's death and put him back in the pokey! :crazy:

TallCoolOne
07-07-2010, 07:44 PM
I wish those two would just crawl back into the hole they crept out of.........

mysteriew
07-07-2010, 08:13 PM
That's just Joey grandstanding. With the trial getting ready to begin, he wants to make sure the media is taking note of his "effort."

DeepThinker
07-07-2010, 08:29 PM
So, wouldn't murdering your wife (is it #3 or #2?) be considered compelling reason to keep him? I mean, he does have a $20 million bond...so I think they probably consider him a flight risk :doh:

Leila
07-07-2010, 09:53 PM
There's supposed to be a hearing tomorrow to decide if DP is released or will remain in jail. One of the talking heads on television said that if the defendant remains in jail, the appeals process is speedy, if the defendant is released, the appellate court might take it's time.

http://www.kwqc.com/global/story.asp?s=12770479

LadyL
07-07-2010, 10:02 PM
isn't the compelling reason that he's a suspected murderer?

it doesn't even make any kind of sense to me that the lawyer is attempting this

courts should be a little more willing to slap these lawyers with charges for bringing frivilous motions etc. I'm so over all the crap - I can't imagine being a victim's family & having to deal with the rollercoaster ride the defense lawyers send them on

Cubby
07-07-2010, 11:15 PM
Considering Drew's not been incarcerated as long as others sitting in jail. Jerry Hobbs, 5 years, trial isn't set to start until October - and IL.... I'm sure there are countless others, Brodsky can demand all he wants, but fat chance he'll get heard.

And by all means, Drew would be considered a flight risk.

JMO

Leila
07-08-2010, 02:51 AM
I certainly hope that DP isn't released. Besides being a flight risk, I'm concerned about the witnesses in this case. If released, DP could intimidate witnesses.

Coldpizza
07-08-2010, 06:37 AM
I doubt he will be let out. Brodsky would have come up with something along time ago, especially when DP was cut off from the media.

But it did make me wonder what has happened to DP's house. Is it being rented? Is it empty? On the market? Sold? Anyone know?

Coldpizza
07-08-2010, 06:44 AM
Will prosecutor's bid to delay trial set Drew free?

July 8, 2010
BY JOE HOSEY Herald-News

snipped

Brodsky said he came to this conclusion after having his "crack legal team working on it" and that "the consensus is yes, [Peterson should be freed] immediately, without bond."

But one member of the legal team, Joseph "The Shark" Lopez, wasn't so sure. "I've been doing some research on it. It's not so clear-cut," Lopez said. "It's an uphill battle. We expect the state to come out blazing to keep him in."

http://www.suntimes.com/news/peterson/2477044,CST-NWS-drew08.article

21merc7
07-08-2010, 06:48 AM
I certainly hope that DP isn't released. Besides being a flight risk, I'm concerned about the witnesses in this case. If released, DP could intimidate witnesses.

Completely agree. Have you ever heard of a murder case where the defendant was not in jail? Heck no, they would run as fast and far as they could. And, yes, Drew has already bothered enough people to "coax" them to his side. There are plenty of reasons he needs to be just where he is.

Paintr
07-08-2010, 08:10 AM
I wonder if the state will have to drop the charges against Drew. I seriously hope not. If the bulk of their evidence is this allowed/not allowed hearsay then any conviction will be appealed immediately. Will the state go to the expense of a trial if the verdict is not going to stick?:banghead::banghead:

crocus
07-08-2010, 11:42 AM
Judge: Peterson must stay in jail during appeal (http://www.chicagobreakingnews.com/2010/07/judge-hears-arguments-on-whether-to-keep-peterson-in-jail.html)

July 8, 2010 10:33 AM | No Comments (http://www.chicagobreakingnews.com/2010/07/judge-hears-arguments-on-whether-to-keep-peterson-in-jail.html#comments)

Drew Peterson will remain in jail while prosecutors appeal a ruling on hearsay evidence, a judge has ruled.

Peterson showed no reaction as Will County Judge Steven White announced his ruling. He looked down and wrote in a yellow legal pad, then looked at his attorneys and tapped his fingers against the table.

Peterson had arrived at court this morning carrying a suit bag.
snipped..............

http://www.chicagobreakingnews.com/blog/

LaLaw2000
07-08-2010, 11:44 AM
Thank God Drew Peterson will have to remain in jail! I was really worried about him being released. I think he just knew he would be getting out.

mitzi
07-08-2010, 05:01 PM
Judge: Peterson must stay in jail during appeal (http://www.chicagobreakingnews.com/2010/07/judge-hears-arguments-on-whether-to-keep-peterson-in-jail.html)

July 8, 2010 10:33 AM | No Comments (http://www.chicagobreakingnews.com/2010/07/judge-hears-arguments-on-whether-to-keep-peterson-in-jail.html#comments)

Drew Peterson will remain in jail while prosecutors appeal a ruling on hearsay evidence, a judge has ruled.

Peterson showed no reaction as Will County Judge Steven White announced his ruling. He looked down and wrote in a yellow legal pad, then looked at his attorneys and tapped his fingers against the table.

Peterson had arrived at court this morning carrying a suit bag.
snipped..............

http://www.chicagobreakingnews.com/blog/

Bold mine.

Drew probably thought he would head right to New York and make his "comeback appearance" on the Today Show. Gah! :furious:

Too bad, so sad.....NOT!

mysteriew
07-08-2010, 07:10 PM
So sorry DrewP, but it sounds like no one is listening to you, or your attorney anymore. Kinda like no one listened to Kathleen or her family and attorneys in the past few years. Of course it would help if your primary case attorney actually presented viable case law. In this case it sounds like the even the secondary defense attorney wasn't seeing the case law quite as clear cut as Joey appeared to.

Kinda sucks when you get older, get caught at too many things and your 'influence' wanes doesn't it?

Leila
07-08-2010, 10:41 PM
This is an excellent article on today's court hearing and some of the hearsay evidence that Judge White excluded, which led to the prosecution appealing Judge White's decision to the appellate court, who will now decide what hearsay evidence will be included in the trial.

From the article on the subject of Judge White's decision to keep Drew Peterson in jail pending the decision of the appellate court............

"White didn't give a detailed explanation for keeping Peterson locked up, only saying his reasons would be clear to the appellate court judges when they reviewed his findings."

I think this is an important clue in regards to what the appellate court will be receiving. I suspect that among the transcripts of the pre-trial hearing (January) when witnesses gave testimony about the hearsay evidence, there will also be some sealed files.

A couple of weeks ago Joel Brodsky demanded to know why LE was searching a site in Peoria. Judge White ordered that the Illinois State Police hand over to him their reports on the search of the site in Peoria. He said he would read them and decided what the defense could have. It was later reported that the defense received a "heavily redacted" report. I hope there was nothing in what they received that was useful to them.

I think the ISP report (complete version), which is sealed, will go to the appellate court too. I'm very hopeful that when the appellate court goes through the pre-trial testimony transcripts, and any other material sent to them, they will allow the hearsay testimony that will hopefully result in a conviction.


http://www.ajc.com/news/nation-world/hearsay-ruling-in-peterson-566656.html

And here's another excellent article:

http://www.suburbanchicagonews.com/foxvalleysun/news/2479632,Peterson-stays-in-jail_JO070810.article

crocus
07-09-2010, 01:51 AM
I am very interested in what is going on with that Peoria search.................

It went from bombshell to nothing in seconds flat.

Hmmmmm...........

Paintr
07-09-2010, 08:21 AM
During the June 18th pre trial hearing, the defense requested a ban on Stacy's name during Peterson's trial. Does anyone know if this was granted?

Leila
07-09-2010, 01:37 PM
During the June 18th pre trial hearing, the defense requested a ban on Stacy's name during Peterson's trial. Does anyone know if this was granted?

I'm not sure about the ban on Stacy's name being mentioned, but the Judge was going to allow some portions of Pastor Neil Schori's testimony in regards to what Stacy told him, so Pastor Schori would have to mention Stacy's name in order to repeat what she said.

What the prosecution is concerned about is that important pieces of direct hearsay evidence is not being allowed, and that's what the prosecution is taking before the appellate court. The prosecution is hoping the appellate court will look at all the testimony given at the January pre-trial hearing and rule that significant portions of the hearsay evidence can come into the trial.

closeobserver
07-09-2010, 04:00 PM
The good news is that there must be "compelling" reasons in order to keep Drew locked up under the law. There is a lot of evidence under seal that we don't know about and I have to believe that it has something to do with a case against the murder of Stacey. I base that all on the Peoria activity.

JMO

Leila
07-09-2010, 07:07 PM
The good news is that there must be "compelling" reasons in order to keep Drew locked up under the law. There is a lot of evidence under seal that we don't know about and I have to believe that it has something to do with a case against the murder of Stacey. I base that all on the Peoria activity.

JMO

Closeobserver.....................I agree. I think it's likely that a lot of the sealed material is in regards to the search for Stacy and the facts surrounding her disappearance. I'm hoping that the appellate court will have the whole package to look at and will deem the bulk of the hearsay testimony be allowed in the trial.

One of the things that Judge White denied is under the "prior bad acts" category, and that's the testimony of Eric Peterson, Drew's oldest son. Eric testified at the pre-trial hearing that he and his brother, Steven, then young teenagers, were at the house the day Drew dragged Kathleen into the house by her hair and beat her up over a period of hours. While they didn't witness the fight as they had been ordered to their room, they heard Kathleen's screams and the sound of things being knocked over. The next morning Kathleen was gone.......probably to a family member's house.

Since Kathleen was eventually murdered, I think Eric's testimony is important as it shows that Drew was physically abusive toward Kathleen.

Paintr
08-31-2010, 10:15 AM
http://cbs2chicago.com/local/drew.peterson.appeal.2.1888113.html

An Illinois appeals court has turned down a bid to let Drew Peterson out of jail while appeals in the murder case against him are sorted out.

The 3rd District Appellate Court gave no explanation in turning down Peterson's request. Defense attorneys were notified of the decision Monday.

http://abclocal.go.com/wls/story?section=news/local&id=7641482

August 31, 2010 (WLS) -- Accused southwest suburban killer and retired Bolingbrook police sergeant Drew Peterson is staying in a Joliet jail while appeals in his murder case are sorted out.



The state's 3rd District Appellate Court on Monday shot down Peterson's effort to be released.

Peterson has been in jail since May 2009 when bond was set at $20 million after he was arrested for murder in the 2004 death of his third wife, Kathleen Savio. He's pleaded not guilty.

Paintr
08-31-2010, 10:17 AM
http://www.wlsam.com/Article.asp?id=1936575&spid=

Justice isn't cheap.

Or it doesn't seem to be for Will County State's Attorney Jim Glasgow.

Perhaps that's because his office has been handling some unusual cases lately: the prosecution of Drew Peterson, the former Bolingbrook police sergeant charged with the death of his third wife while also suspected in the disappearance of his fourth wife; the investigation of the 2008 murders in Tinley Park of five women inside a Lane Bryant clothing store; and the death penalty prosecution of Christopher Vaughn, an Oswego man charged with killing his wife and three children in 2007, among others.