Chicago Tribune's Eric Zorn wrote a column about Drew Peterson and the new Illinois Hearsay Law.
While I have great respect for Zorn, I disagree on why Peterson may not be charged under the new law. There is another way to bring Peterson to court and make the charges stick. When Kathleen Savio filed for the order of protection she placed her hand on a bible in a courtroom when granted the temporary order of protection. She also stated in this document that "if she died, it would be no accident". Add in the fact that Harry Smith Kathleen's divorce attorney was told of the abuse. And Stacy Peterson also sought advice from the same lawyer. The Crawford vs Washington Statue says the accused has the right to face his or her accuser, but there are exceptions to that law they could be applied in this case, if and when, the Will County State's Attorney is able to charge Peterson.
Another Option is The Will County State's Attorney's Office do not have a body, a confession or a witness in the potential homicide of Stacy Peterson. And no one in the State of Illinois since 1850, has ever been convicted of murder without a body.
There is a similar case on which I base my remarks, Thomas York a Chicago Police Officer, knew enough that investigators and the State's Attorney's Office would not be able to charge him with the murder of his wife or his business partner in April of 1981.Why? As an officer he was trained not to leave evidence. As all good seasoned police are, trained not to leave a clue.To sustain the charge of mail fraud, the government must prove the following propositions:
First, that the defendant knowingly participated in the scheme to defraud as described in the indictment.
Second, that for the purpose of carrying out the scheme or attempting to do so, the defendant caused the United States Mails to be used in the manner charged in the particular count; and
Third, that the defendant did so knowingly and with the intent to defraud.Here is the link to the case in which Thomas York received 40 years for mail fraud:http://bulk.resource.org/courts.gov/c/F2/933/933.F2d.1343.89-3013.htmlThis in my opinion, based on research, Federal Prosecutors can charge Mr. Peterson with mail and insurance fraud.
Kathleen Savio died a few weeks before she was to receive her settlement. Court documents and other related information not provided to the public regarding their divorce and the fact that Drew Peterson was already married and living a few houses away at the time, had motive.
Add in the fact, Drew Peterson was a trained police officer, and a trained locksmith.
Documents pertaining to insurance, correspondence and pleadings regarding the "accidental death " of Kathleen Savio were also sent by United States mail. And that is where the feds come into this case. State's Attorney Glascow must now look beyond a murder charge in this case. The statue for mail fraud and insurance is 5 years which comes due in February of 2009.
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