West Suburban Bureau

JOLIET, Ill. (CBS) ― Drew Peterson was in court Monday, asking a judge to throw out a weapons charge against him.

In May, Peterson, whose fourth wife Stacy disappeared Oct. 28, was charged with unlawful use of a weapon for possessing a short-barreled assault rifle. Subsequently, a grand jury indicted him.

Peterson's attorney, Joel Brodsky, has asked the court to dismiss the charges because, as a former police officer, Peterson is exempt from such restrictions.

The Will County State's Attorney's Office said federal law does not supercede the state's ban on such weapons.

"I can't believe it," Peterson said of his potential five-year sentence if he is found guilty. "It's hard to believe."

Peterson spoke briefly with reporters while being escorted by his attorneys from the court building.

Peterson's attorneys say that although their client owned the weapon, he used it as part of his SWAT duties, and cited a Bolingbrook police memo as proof.

"Clearly, when the chief of the Bolingbrook police said that they had no idea about Drew's AR-15, he was not being… he was being disingenuous," attorney Joel Brodsky said.

Judge Richard Schoenstedt said he would announce his ruling at the end of the month.

Prosecutors would not comment on court proceedings Monday, and said they would weigh in when the judge makes a decision.

The judge did agree to modify Peterson's bond so he can travel out of state with his children on vacation.

State police are investigating the mysterious March 2004 bathtub drowning of Peterson's third wife, Kathleen Savio.

The drowning was first ruled an accident but in the wake of Stacy's disappearance was determined to be a homicide.
 
Meanwhile, on the governor's desk is a piece of legislation that could aid any prosecution of Peterson.

Now anything Savio told others about fearing for her life may end up being admissible in court, if a bill sponsored by Joliet Sen. A.J. Wilhelmi is signed into law.

"If she were to have made statements prior to her death that said to a third person she feels she's going to get murdered, and those statements pass the reliability threshold, those statements will come into court," Wilhelmi said.

It's called hearsay testimony and it's important because statements that Savio and Stacy Peterson allegedly made to family members, friends, clergy members and others about Drew Peterson and his alleged threats currently aren't admissible in court.

But if the law passes, what Stacy Peterson told her pastor about her husband's whereabouts the day before Savio was found dead could possibly be used against him.

Will County State's Attorney James Glasgow helped craft the legislation and said it might be the difference between 60 years in prison and getting away with murder. He wouldn't say anything about the Savio or Peterson investigations but said he hopes this law will lead to cold case breakthroughs.

"We urge all our local police departments to go through their cases and see if there might be one that's been sitting on the shelf that might be reinitiated based on this additional evidence that might be brought into court," Glasgow said.

The law was passed by the general assembly almost unanimously. If signed by Gov. Rod Blagojevich, it will go into effect immediately.

Glasgow said if that happens, it would amount to one of the most momentous changes to the law he has seen in his decades-long law enforcement career.

CBS 2 West Suburban Bureau Chief Mike Puccinelli and the STNG Wire 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. (© MMIX, CBS Broadcasting, Inc. All Rights Reserved.)

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