Peterson Challenges New Hearsay Law

The attorneys for Drew Peterson have filed a motion to begin the process of challenging the state's new hearsay law enacted last year. On November 22, 2008 we published a blog discussing how the Illinois Legislature passed the legislation that some are calling "Drews law" that gives judges the ok to allow hearsay evidence at a murder trial if prosecutors can prove, in a pretrial hearing, that the defendant killed the victim to prevent them from testifying. In the case of Drew Peterson, that evidence is expected to be the victim's letters and statements to friends and family. The challenge by Peterson is not unexpected and the arguments being made by his attorneys are also the correct and proper arguments that should be made. The argument is that this law violates the defendant's 6th Amendment right to confront their witnesses, retroactively applies to Peterson and erodes a defendant's presumption of innocence by asking a judge to determine before trial if the defendant murdered the victim in order to silence them. In addition, the law was written and passed with the assistance of the Will County State's Attorney James Glascow, who is prosecuting Peterson in Will County.

Glascow's office has stated that he believes that the constitutionality of the law will be upheld and that he will prevail in the matter.

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