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Mar 17, 2008 6:02 pm US/Central
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Peterson Can Get Seized Cars Back Tuesday
Judge Holds Off On Ruling What To Do With Former Cop's Guns
JOLIET, Ill. (CBS) ―
A milestone of sorts was reached Monday in the case of Stacy Peterson, whose husband, Drew Peterson, is considered a suspect in her disappearance.
CBS 2 West Suburban Bureau Chief Mike Puccinelli reports Drew Peterson wasn't talking on his way into the court house Monday as he prepared to appear before a judge for the first time since Stacy Peterson disappeared more than four months ago.
The former Bolingbrook police sergeant and his attorneys were allowed to make their way into the courthouse through the back. Petersen's attorney says the decision was made for good reason.
"Drew has received a number of death threats and obviously this was a particular date and time where it was public knowledge of where he was going to be," said defense attorney Joel Brodsky.
Brodsky and Peterson were in court to try and get property back that was seized by police months ago. They were in part successful.
"Drew will be receiving his cars back tomorrow, is computers back in about two weeks," Brodsky said.
Under Will County Judge Richard Schoenstedt's order, the Peterson can pick up his GMC Yukon Denali and Pontiac Grand Prix on Tuesday, and he can get his computers along with copies of the hard drives within 15 days.
But 11 guns that were seized will not be returned to Peterson because he's been stripped of his Firearm Owners identification (FOID) card. So Brodsky asked if they could be returned to Peterson's adult son.
But Judge Schoenstedt balked at the proposal, saying he does not have jurisdiction over Peterson's son and wants to ensure any order he issues can be enforced. Brodsky said Peterson's son would be willing to appear in court and agree to abide by the judge's order.
Schoenstedt set a March 25 hearing date on the matter.
And Brodsky dismissed reports that Peterson has another gun stashed away that police never found.
"Drew is very pleased that he's getting his property back," Brodsky said after the hearing. "The judge has reviewed secret testimony of the state, he looked at the affidavits, and still found there was no compelling reason for the state to retain the property any longer."
Dressed in a dark suit, Peterson said little in court, answering "yes your honor" to a number of judge's questions.
During the brief hearing, Peterson also agreed not to challenge the validity of more than 200 digital photographs of his cars and other property.
Schoenstedt said last month that would be a condition of returning the items.
After the fifteen minute hearing Peterson was escorted from the courthouse. He said he had no comment on the day's proceedings.
Stacy Peterson vanished in October, and authorities have reopened the investigation into the 2004 death of Kathleen Savio, who was another one of Drew Peterson's wives.
Peterson -- who, until Monday, had not set foot in a courtroom in either case -- has denied involvement in his wife's disappearance or in Savio's death and has not been charged in either case.
After the hearing, Peterson drove to probate court where his lawyer filed a 47-page objection to a petition by Savio's family members to reopen her estate and have its current executor dumped.
In the filing the Savios argue that James Carroll, Drew Peterson's uncle, should be removed as executor of the estate. They cite his conflict of interest. They believe that's why he let all of the marital possessions pass to Drew Peterson instead of to the children, as Kathleen Savio intended.
While Peterson is fighting to get his guns back and to keep Savio's will and estate intact, friends and family of Stacy Peterson are fighting to find a young mother who disappeared without a trace.
Brodsky said that Savio's relatives should not be allowed to have the estate reopened to sue for wrongful death at some point.
He noted that the statute of limitations ran out years ago. The court takes up the matter again next week.
CBS 2 West Suburban Bureau Chief Mike Puccinelli and the Associated Press contributed to this report.
(CBS 2, the Naperville Sun and the Aurora Beacon-News are news partners covering stories in the western suburbs. Send story tips to tips@cbs2chicago.com. (© MMVII, CBS Broadcasting, Inc. All Rights Reserved.)
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