West Suburban Bureau

BOLINGBROOK, Ill. (CBS) ― Attorneys for former Bolingbrook police officer Drew Peterson hope an old photo of him on the job will help clear him of felony charges accusing him of illegally owning an assault rifle.

When Peterson's wife, Stacy Peterson, vanished last October, Illinois State Police focused their investigation on Drew Peterson and seized many of his possessions as evidence, including his firearms. One of those guns was an AR-15 assault rifle.

Most of Drew Peterson's possessions have since been returned to him, but not the guns. His Illinois Firearm Owner's Identification card has since been stripped, so most of his guns have been turned over to his son. But not the AR-15.

Instead, earlier this month, seven months after Stacy Peterson went missing and Drew Peterson's guns were seized, Will County prosecutors charged him with unlawful use of a weapon for owning the AR-15.

Bond for Peterson was set at $75,000, and he was required to pay 10 percent to be freed from custody, the complaint said.

A criminal complaint by the Will County State's Attorney's office said Peterson possessed a rifle with a barrel less than 16 inches in length. These guns are not permitted under state law, the complaint said.

"It was an illegal weapon; he could not possess that weapon in the state it was in," Will County State's Attorney spokesman Charles Pelkie said earlier this month.

But Peterson's attorney, Joel Brodsky, has said that Peterson was exempt from that law because he was still a police officer when the gun was seized and police officers are exempt from the length provision of the law.

"This was Drew's registered duty weapon as a SWAT team member and the last time when it was in his possession was when he was still on the Bolingbrook Police Department," Brodsky said. "Therefore under the Illinois law he can have a non-conforming weapon with a short barrel."

On Wednesday, Peterson supplied photos to prove he used the gun while on duty as a police officer.

One photo shows Peterson carrying the weapon on duty in 2000 while he was assigned to offer police protection to actor John Travolta when Travolta was in town for a book signing tour promoting the film "Battlefield Earth."

Brodsky said the photo proves that Peterson did, in fact, use the assault weapon while on duty.

"This photo should convince the state police that they've made a mistake with these charges," Brodsky said in a written statement. "If not, we might need to subpoena Mr. Travolta when this case goes to court."

Another photo shows Peterson posing with other police officers on Bolingbrook's SWAT team. In the photo, he is holding the AR-15 while standing next to Bolingbrook's police chief. He claims that proves the police chief knew he had the weapon for use on the job.

Brodsky said the gun charge is nothing more than an attempt to rattle his client.

If convicted of unlawful use of a weapon, Peterson faces up to five years in prison. Peterson's next court date is scheduled for May 30.

Stacy Peterson has not been seen since Oct. 28, 2007. Illinois State Police said several months ago they suspect she is dead and have called Drew Peterson a suspect in her disappearance.

But Peterson has long contended his wife left him for another man. His attorney has said perhaps Stacy Peterson just did not want to be tied down to an older man and four children anymore.

Peterson's third wife, Kathleen Savio, was found dead in a dry bathtub four years ago, in what was initially ruled to be an accidental drowning. But Savio's body was exhumed in November of last year and her death was ruled a homicide.

Drew Peterson has not been charged with any crime in either case.

By CBS 2 Web Producer Todd Feurer.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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