Dec 4, 2007 10:51 pm US/Central
New Search Warrant Issued In Peterson Case
BOLINGBROOK, Ill. (CBS) ―
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Former police Sgt. Drew Peterson stands in front of the garage of his home in Bolingbrook, Ill. (File)
Scott Olson/Getty Images
State police Tuesday night served a new search warrant to former Bolingbrook police sergeant Drew Peterson whose wife, 23-year-old Stacy Peterson, has been missing for more than a month. Drew Peterson is considered a suspect in the case.
CBS 2's Mai Martinez spoke with Drew Peterson, who said state police had just given him some follow-up legal paperwork. But CBS 2 cameras were outside the Peterson home when state police arrived, and a spokesperson for Will County's state's attorney said the new warrant expands the scope of the original search warrant regarding items in Drew Peterson's vehicle. Two vehicles were earlier seized as part of the investigation.
State police have in the past said that Stacy Peterson's disappearance could possibly be a homicide, so if she is in fact dead they would be looking for her body. But could prosecutors move forward with a murder case against someone if her body is not recovered?
CBS 2 legal analyst Irv Miller says it would be difficult to prove a murder took place without a body, but it could be done.
"Illinois law is very clear," Miller said. "You don't need a body in this state to be convicted of murder."
But Miller adds that without a body, prosecutors have to prove a death or homicide occurred, and that's not easy.
"It's called circumstantial evidence, which means you're not going to have a crystal clear case, you're going to have going around the edges of the case in order to prove it, and it's a really difficult way to do a murder case," Miller said.
In the case of Stacy Peterson, state police have only said it is possibly a homicide. And while Drew Peterson has been named a suspect, he has not been charged with any crime.
Drew Petereson says he's always concerned he could be charged in the case, Miller does not think that will happen anytime soon.
"As of yet, he hasn't said anything that frankly has been incriminating," Miller said. "He may get the award for being the jerk of the year, but I don't think there is enough evidence to charge him with murder at this time."
Miller adds that even though a body is not necessary for a murder case, it's unlikely investigators will stop up looking for one. But in the case of Stacy Peterson, if she is dead, they may be running out of time.
"Winter is approaching, and that's going to make it really difficult to try to find a body," Miller said.
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