The Hearsay Law

Discussion in 'Kathleen Savio' started by closeobserver, May 30, 2008.

  1. closeobserver

    closeobserver New Member

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    The Hearsay bill has now passed both the Senate and House. All that is needed is a signature from the Gov to become law, which should be a slam dunk.

    I have been thinking for a long time that charges would come shortly after this becomes law. I got my fingers and toes crossed.

    http://www.ilga.gov/legislation/bil...9&GA=95&DocTypeID=SB&LegID=37188&SessionID=51

    Unanamous in both house and senate!!

    This law will mean that testimony from the Pastor is admissable. Also anybody that Stacy or Kathy told of death threats may also be admissable. This really helps the prosecution BIG TIME!!
     
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  3. concernedperson

    concernedperson Former Member

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    I think this is great news too. The victims have a right to have their words told even though they aren't around any longer to say it themselves. Too many times the perps get away with crimes because some things have been inadmissible.
     
  4. DeltaDawn

    DeltaDawn Inactive

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    This is perfect..so many people have testimony before the GJ about the relationship and Stacy's voicing her "facts" to them and being afraid for her life.

    Also this points to help from the pastor, anyone who spoke to her about their relationship...plus the big smoking gun..did they retrieve her journal..that would have clearly had incriminating evidence against Drew?
     
  5. Taximom

    Taximom Former Member

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    :woohoo:
     
  6. Littledeer

    Littledeer Former Member

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    :woohoo:

    I am so happy to hear this! In essence, Stacy and other victims can finally be heard!!!!!!

    Even though the saying "actions speaks louder than words" is a well known quote, what someone speaks can be all they have. And the actions afterwards ,are from someone else who has taken their life away.

    I keep a diary and to me, every word I write is the truth from ME in MY OWN WORDS. How can that not be considered heresay after I am no longer around to speak??


     
  7. Leila

    Leila New Member

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    Great news! :woohoo:I wonder how DP and JB reacted to this news? :)
     
  8. mysteriew

    mysteriew A diamond in process

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    :clap: :clap::clap:
    JAB must be hating this! Remember after the pastor came forward, JAB denied what he said, then more or less said that whatever the pastor said was hearsay, not evidence. LOL, now it is evidence.

    I wonder if this passed faster than LE thought it would? Remember we heard that LE was expecting an arrest in July or Aug.? I was wondering why since that didn't comply with the ending of any GJ term. They may have been counting on this.

    The pastor and others come in on Stacy. Any writings come in.
    Kathleen's letters and writings come in. Any one she talked to about the marriage and divorce come in. Hooray!
     
  9. 6angels

    6angels New Member

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    :woohoo: Wooo freaking hoooo :woohoo:
    :woohoo: this is wonderful! :woohoo:
     
  10. philamena

    philamena Former Member

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    pleaseeeeeeee let this be the one thing that will allow DP's arrest.
     
  11. thesleuther

    thesleuther New Member

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    This is amazing news. I'm wondering if it is retroactive and can include cases which were active before the law was enacted.

    Also, it looks like the prosecution will have to show that the witness is no longer available to testify - no small burden here - and wonder what the burden of proof will be. Needless to say, it would be very helpful if her body had been found. We don't know the evidence available, but I wouldn't be surprised if the prosecution waits until Stacy has been gone a full year before filing. That way, it would show that if she left by her own choice, she has missed her children's birthdays, Christmas, Easter, summer vacation, etc. - unlikely for a loving mom.

    All in all, great news. JMO
     
  12. DeltaDawn

    DeltaDawn Inactive

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    When you think about how many people were aware of the poor relationship between Stacy and Drew it boggles the mind. We've heard aunts and uncles in different states who visited say she confided in them, her father, her sister, Pam B, Sharon, the pastor..and I am sure many people we aren't aware of but may have spoken at the GJ. Could all those people be making up the same story, be repeating the same issues..no way..unless they had and seen things themselves.

    Also we have Tom M and his events the night of, Cassandra and her events the night of..the list just is mind boggling now that hearsay can be allowed.
     
  13. Elphaba

    Elphaba Defying Gravity...

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    I'm with sleuther on this: I ponder if it is retroactive. If it isn't, then DP just slipped through a hole on this aspect.
     
  14. closeobserver

    closeobserver New Member

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    There have been no charges yet so retroactivity is not a factor. The only possible hang nail is that there is a California case, tried with a similar statute being reviewed by the U.S. Supreme Court. That ruling could affect several states with similar laws.

    The other thing, which won't be a problem, is that this doesn't become law until the governor signs it. If he doesn't, which is doubtful, it would easily be over-ridden since it passed uncontested in both the house and senate. I don't know what the time frame is for the bill to get to the gov's desk, or how long he has to sign it or take action. My memory on the Illinois constitution is fuzzy after all these years.
     
  15. DeltaDawn

    DeltaDawn Inactive

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    Right Drew hasn't been charged with anything to do with Kathleen's murder or Stacy's. So this is just in time for them.

    Secondly, although this can go to the supreme court for appeal..the people will still be in jail during the appeals process. The case of Julie Jensen comes to mind because her husband is now in jail due to hearsay evidence. What she told neighbors and friends and letters in her own handwriting is what put him there. His lawyers say they will appeal and appeal..great..because at some point the money fountain does run dry..the same will be true of Drew. And Tom Morphey's side of the family wouldn't help Drew out with a penny right now..of that I am quite sure. I understand that Mr Morphey is now on the side of Tom in this case. That must make for tense conversations at home between he and Drew's mom.
     
  16. i.b.nora

    i.b.nora I am polka dot

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    36
    Proposed law targeting Drew Peterson may get another chance
    Measure would allow judge to consider hearsay testimony if a witness' disappearance
    is caused by illegal means


    "Legislation that could affect a possible prosecution of former Bolingbrook Police Sgt. Drew Peterson stalled in the Illinois Senate when lawmakers ran out of time before adjournment over the weekend.

    "We have hit a snag," said the bill's chief sponsor, state Sen. A.J. Wilhelmi (D- Joliet)."


    "The measure, backed by the Will County state's attorney's office, would allow a judge to decide whether hearsay testimony could be admitted into court if it is proved that the defendant contributed to the disappearance of a witness by illegal means. The bill was amended to apply only to first-degree murder cases."

    "Wilhelmi said he is confident that the bill—which initially passed the Senate 56-0 and cleared the House, with amendments, 110-1—could easily pass out of the Senate again later this month.

    Gov. Rod Blagojevich is expected to call lawmakers back to Springfield to deal with lingering issues over the state's budget, and Wilhelmi said he will lobby to get the measure, which is now back in the Senate Rules Committee, before the Senate for a full vote.

    The Senate must agree to the amended version the House voted on.

    "I'm going to push very hard to have the motion to concur come out of Rules and go to [the Judiciary Criminal Law] committee and then go to the floor of the Senate and get that done," he said. "So by the end of June, we should be done."


    more...
     
  17. philamena

    philamena Former Member

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    First degree as in premeditated?
    I have a feeling DP planned Stacey's demise. I don't think he killed her in a fit of anger. Surely that would qualify as premeditated.
     
  18. cheko1

    cheko1 New Member

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    :woohoo:

    This is just the best news I've heard all day!!!!!!
    Hopefully we'll be seeing an arrest as soon as the Bill is signed!!!!
    Turn out the lights DP the party is over for you!!!!
     
  19. Leila

    Leila New Member

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    That is great news!:woohoo:

    It's fascinating watching this all unfold!
     
  20. Class-z

    Class-z Do Something, Lead, follow or get out of the way.

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    Unfortunately, usually laws are not retroactive, so it would mean anything from that point on. Did they say it would apply to the pastor or anything for this case?
     
  21. mysteriew

    mysteriew A diamond in process

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    ClassZ no one is saying anything specific to this case. But the Will County attorney is the one pushing this bill.

    No it probably won't be retroactive. But as long as it passes before DrewP is charged the law should apply.

    The law passed the House and the Senate, but one side amended the law and now the other side needs to vote on it again. Hopefully they will do that soon.
     

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