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Peterson gun charge still lingers
January 21, 2010
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Two of Peterson's attorneys — Joel Brodsky and Andrew Abood — argued that Will County Judge Richard Schoenstedt was right to dismiss a felony unlawful use of a weapon charge against Peterson.
Peterson was arrested in May 2008 on a charge of unlawful use of a weapon for owning a Colt AR-15 assault rifle with a barrel shorter than the state-mandated 16 inches.
On Wednesday, Gary Gnidovec, a lawyer with the state's attorney's third district appellate prosecutor's office, made the case that Peterson's attorneys showed no evidence of vindictive prosecution and that that they wanted to get their hands on the state's attorney's internal documents so they could try to find one.
Appellate Judge Daniel L. Schmidt pointed out that allowing defendants access to the state's attorney's files without proof of vindictive prosecution might put a strain on the legal system. He also noted that "very few prosecutors are just wild about any of the people they prosecute."
At the same hearing, Abood and Brodsky tried to appeal Schoenstedt's refusal to grant Peterson immunity from prosecution under a federal law that allows police officers to carry and conceal weapons.
Appellate Judge Vicki Wright questioned whether they should be allowed to appeal that decision since, if the dismissal is reversed, the case will have yet to reach its conclusion.
Schmidt, Wright and Judge Mary K. O'Brien took the matter under advisement and will release their ruling at a later date.
Article:
http://www.suburbanchicagonews.com/...,Peterson-gun-charge-hearing_JO012010.article
January 21, 2010
<snipped>
Two of Peterson's attorneys — Joel Brodsky and Andrew Abood — argued that Will County Judge Richard Schoenstedt was right to dismiss a felony unlawful use of a weapon charge against Peterson.
Peterson was arrested in May 2008 on a charge of unlawful use of a weapon for owning a Colt AR-15 assault rifle with a barrel shorter than the state-mandated 16 inches.
On Wednesday, Gary Gnidovec, a lawyer with the state's attorney's third district appellate prosecutor's office, made the case that Peterson's attorneys showed no evidence of vindictive prosecution and that that they wanted to get their hands on the state's attorney's internal documents so they could try to find one.
Appellate Judge Daniel L. Schmidt pointed out that allowing defendants access to the state's attorney's files without proof of vindictive prosecution might put a strain on the legal system. He also noted that "very few prosecutors are just wild about any of the people they prosecute."
At the same hearing, Abood and Brodsky tried to appeal Schoenstedt's refusal to grant Peterson immunity from prosecution under a federal law that allows police officers to carry and conceal weapons.
Appellate Judge Vicki Wright questioned whether they should be allowed to appeal that decision since, if the dismissal is reversed, the case will have yet to reach its conclusion.
Schmidt, Wright and Judge Mary K. O'Brien took the matter under advisement and will release their ruling at a later date.
Article:
http://www.suburbanchicagonews.com/...,Peterson-gun-charge-hearing_JO012010.article