The Hearsay Law

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Keeping my fingers crossed, 2 more days!!!
DP seeking a divorce from SP...........hope hearsay bill gets DP
arrested for KS murder atleast!!! and SP........the preacher and Sharon hearsay????
IMO
 
closeobserver said:
It passed unanimously today and should be effective immediately. I don't think it requires another governor signature since it is based on his ammendatory veto.
Click to expand...

I hope this is immediate!!! How long will it take to get people arrested now???
 
http://www.suntimes.com/news/peterson/1288608,will-county-drew-peterson-hearsay-111908.article

House votes to allow hearsay in Peterson case

November 20, 2008

By DAVE MCKINNEY, DAN ROZEK AND JOE HOSEY Staff Reporters
Will County prosecutors on Wednesday received a new legal weapon they can use to investigate the murder of one of Drew Peterson’s wives and the disappearance of another.

But it’s not clear if the measure overwhelmingly approved by the Illinois House will lead to criminal charges against the former Bolingbrook police sergeant — or if the law will pass constitutional muster.

<<<<<<<<<more at link>>>>>>>>>
 
Well now, it would appear that Drew isn't going to be the only husband of a missing or murdered woman who should be sweating it in Illinois. ;)

There'll probably be a response from Brodsky by tomorrow! :mad:

JMHO
fran
 
Although the new hearsay law has already been used in other cases, but allegedly the law was proposed and written with this case in mind. So there is a lot of discussion about the uses of the hearsay law and it's ability to stand up to legal challenges. And it is going to come up a lot in this case and possibly have a major effect on the case.

So what is being said about the law, will it hold up to the legal challenges?

From the public:

The Sun asked readers of our Potluck blog what they thought of the law and its relation to the Peterson case. Here are some of their comments:

http://www.suburbanchicagonews.com/napervillesun/news/potluck/1581947,6_5_NA20_POTLUCKCOL_S1.article

So what is the general opinion, and more important what is the opinion of the legal experts?
 
mysteriew said:
Although the new hearsay law has already been used in other cases, but allegedly the law was proposed and written with this case in mind. So there is a lot of discussion about the uses of the hearsay law and it's ability to stand up to legal challenges. And it is going to come up a lot in this case and possibly have a major effect on the case.

So what is being said about the law, will it hold up to the legal challenges?

From the public:

The Sun asked readers of our Potluck blog what they thought of the law and its relation to the Peterson case. Here are some of their comments:

http://www.suburbanchicagonews.com/napervillesun/news/potluck/1581947,6_5_NA20_POTLUCKCOL_S1.article

So what is the general opinion, and more important what is the opinion of the legal experts?
Click to expand...

More of a generalist here. I'm afraid the law won't stand up. But, weren't there letters from KS?
 
Peculiar Petunia said:
More of a generalist here. I'm afraid the law won't stand up. But, weren't there letters from KS?
Click to expand...

Yes there were letters from Kathleen. That is why the hearsay law was enacted. The defendant is entitled to challenge any testimony in his trial. But Kathleen is unavailable to be challenged about her testimony, so it is hearsay. The law was allegedly especially written in order to allow those letters to be read to the jury at the trial.

The same issue is the challenge on what the pastor says that Stacey told him about the night that Kathleen died.
 
The statements of Savio and Stacy Peterson may be critical -- though some legal experts question the constitutionality of the new law -- because authorities apparently have little physical or forensic evidence tying Peterson to his third wife's death.

snip.... The law faces serious constitutional questions, some legal experts said. A similar federal law was struck down last year. The state law could face the same fate because it appears to unfairly limit a defendant's right to cross-examine an accuser, DePaul University law Professor Leonard Cavise said.

http://www.suntimes.com/news/peterson/1566234,CST-NWS-drew10.article
 
Peculiar Petunia said:
More of a generalist here. I'm afraid the law won't stand up. But, weren't there letters from KS?
Click to expand...
California had a similar law overturned by the US Supreme Court. However, Illinois lawmakers were careful to adapt recommendations made by the US Supreme Court to the state of California, in order that Illinois' hearsay law is likely to be held up by the US Supreme Court in the event of a challenge.
 
closeobserver said:
California had a similar law overturned by the US Supreme Court. However, Illinois lawmakers were careful to adapt recommendations made by the US Supreme Court to the state of California, in order that Illinois' hearsay law is likely to be held up by the US Supreme Court in the event of a challenge.
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That is good to know Closeobserver. I was wondering why they would go to all the work of creating a law which would give great hope to assist Justice being done if they thought there would be any liklihood it would be shot down! xox
 
To me, this type of hearsay law is only fair. I mean it is only fair and just that if someone is killed because they have been telling of the wrongs committed by someone else, that their words should be listened to.

Esp. in the case of Kathleen. She begged for help. She put it in writing. She sent it to officials. No one listened to her then, and she was killed just like she said she would be. To not allow her letters to be admitted into court to me is just unfair. She did all she could to notify proper authorities and no one listened. Even after it was too late, no one listened. Now that it is too late for Stacey, it is time that someone finally listens.
 
I think there's a difference, too, between the writings of someone in fear for her life (KS) prior to the event vs. SP telling someone that DP confessed to her (SP) that he killed KS--after the event. If KS had called the police and been taped saying the same thing as in her letters, would it then be admissable?
 
http://www.wbbm780.com/Drew-Peterson-is-back-in-court-SEE-MOTION/4973607

Drew Peterson's lawyers go back to court in Will County this morning for a status hearing on the murder charge against him in the death of his third wife, Kathleen Savio.

SEE THE MOTION

Meanwhile, WBBM's Regine Schlesinger reports they're trying to strike down the Illinois law that goes to the heart of the prosecution's case. For their case against Peterson, prosecutors are relying heavily on so-called testimony from beyond the grave.
 
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