Neo-Luddite
Member
I am NOT trying to sow the seeds of an ugly thread--just interested about the legallity and procedure of Mr. Peterson's FOID revocation.
http://www.chicagotribune.com/news/local/chi-drew-peterson-both_28feb28,0,3012687.story
State police revoked Drew Peterson's firearm permit Wednesday, just hours after a Will County judge ordered officials to return guns and other items to the former Bolingbrook police sergeant.
State's Atty. James Glasgow sent a written request Tuesday to Larry Trent, state police director, for the revocation of Peterson's Firearm Owner's Identification card, officials said. By Wednesday evening, the state's attorney's office confirmed the card had been revoked.
The move put a damper on an otherwise victorious day for Peterson. For months he sought the return of vehicles, guns and other items seized by investigators probing the Oct. 28 disappearance of his wife, Stacy, and the 2004 homicide of his ex-wife, Kathleen Savio.
"I knew that was coming," Peterson said from New York City, where he was scheduled to appear Thursday on the "Today" show. "Just another pain in the [rear]."
Judge Richard Schoenstedt earlier ordered police and prosecutors to present to Peterson documents, photos, copies of computer hard drives, firearms tests and other evidence generated by investigators by March 12.
Peterson would need to agree that if those items were used at a future trial, he would not deny they were produced from his belongings.
Schoenstedt said he would decide on March 17 whether the two sides have issues to iron out and to admonish Peterson in person as to his responsibility. If both sides are in agreement, the property would be returned by March 28.
State's attorney's office spokesman Charles Pelkie, who called the judge's order reasonable, would not elaborate on reasons used to revoke Peterson's FOID card. He has not been charged with a crime and could have legally bought firearms to replace those held by investigators.
Attorney Joel Brodsky said Peterson poses no danger and he believes police are simply trying to irritate his client.
"I've called the state's attorney, and Drew has specifically said to the state police that if there's ever a warrant out for him, that they should call me and we'll walk in," Brodsky said. "I think it's more vexatious behavior. I don't think it's the state's attorney, but rather the state police, and I think it's a fairly sad commentary that they're trying to avoid compliance with a court order for no valid reason. I mean, if there was a reason to revoke Drew's FOID card, you figure they could have done it a long time ago."
Under the Firearm Owner's Identification Card Act, a card may only be revoked for specific reasons, such as a conviction for a felony or domestic battery within five years, admittance to a mental health facility, providing false information on an application for the card and being subject to an existing order of protection.
A card also may be revoked if the cardholder's mental condition is found to present a clear danger to the person or other people.
Some denials or revocations occur automatically when a person is convicted of a crime or committed to a mental facility, but others can be granted at the request of law enforcement, a family member or doctor, said state police Master Sgt. Luis Gutierrez. Last year, the agency denied or revoked 26 FOID cards.
Meanwhile, while Brodsky and Peterson flew to New York for his third appearance on the NBC show, Brodsky's law partner, Reem Odeh, questioned the way the case was being managed.
"I'm concerned that there's more emphasis and more of an effort to cater to the media frenzy than there is to looking into the issues surrounding the investigations," Odeh said. "It just seems to me that when there's nothing going on with the investigation and things are quiet in the media, it seems like sometimes either Joel or Drew says something to start the media frenzy all over again."
Brodsky has mounted an aggressive campaign for media coverage.
Asked whether she discussed those issues with Brodsky, Odeh said, "Absolutely. I don't think it's appropriate. I think it is in the client's best interest to keep it quiet and focus on the case. But he just says the case is going to make us famous and we're all going to get book deals."
Odeh said she plans to meet with Peterson and tell him that she believes he should behave in a more professional manner, and if that doesn't happen, she will push to have him dropped as a client.
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http://www.chicagotribune.com/news/local/chi-drew-peterson-both_28feb28,0,3012687.story
State police revoked Drew Peterson's firearm permit Wednesday, just hours after a Will County judge ordered officials to return guns and other items to the former Bolingbrook police sergeant.
State's Atty. James Glasgow sent a written request Tuesday to Larry Trent, state police director, for the revocation of Peterson's Firearm Owner's Identification card, officials said. By Wednesday evening, the state's attorney's office confirmed the card had been revoked.
The move put a damper on an otherwise victorious day for Peterson. For months he sought the return of vehicles, guns and other items seized by investigators probing the Oct. 28 disappearance of his wife, Stacy, and the 2004 homicide of his ex-wife, Kathleen Savio.
"I knew that was coming," Peterson said from New York City, where he was scheduled to appear Thursday on the "Today" show. "Just another pain in the [rear]."
Judge Richard Schoenstedt earlier ordered police and prosecutors to present to Peterson documents, photos, copies of computer hard drives, firearms tests and other evidence generated by investigators by March 12.
Peterson would need to agree that if those items were used at a future trial, he would not deny they were produced from his belongings.
Schoenstedt said he would decide on March 17 whether the two sides have issues to iron out and to admonish Peterson in person as to his responsibility. If both sides are in agreement, the property would be returned by March 28.
State's attorney's office spokesman Charles Pelkie, who called the judge's order reasonable, would not elaborate on reasons used to revoke Peterson's FOID card. He has not been charged with a crime and could have legally bought firearms to replace those held by investigators.
Attorney Joel Brodsky said Peterson poses no danger and he believes police are simply trying to irritate his client.
"I've called the state's attorney, and Drew has specifically said to the state police that if there's ever a warrant out for him, that they should call me and we'll walk in," Brodsky said. "I think it's more vexatious behavior. I don't think it's the state's attorney, but rather the state police, and I think it's a fairly sad commentary that they're trying to avoid compliance with a court order for no valid reason. I mean, if there was a reason to revoke Drew's FOID card, you figure they could have done it a long time ago."
Under the Firearm Owner's Identification Card Act, a card may only be revoked for specific reasons, such as a conviction for a felony or domestic battery within five years, admittance to a mental health facility, providing false information on an application for the card and being subject to an existing order of protection.
A card also may be revoked if the cardholder's mental condition is found to present a clear danger to the person or other people.
Some denials or revocations occur automatically when a person is convicted of a crime or committed to a mental facility, but others can be granted at the request of law enforcement, a family member or doctor, said state police Master Sgt. Luis Gutierrez. Last year, the agency denied or revoked 26 FOID cards.
Meanwhile, while Brodsky and Peterson flew to New York for his third appearance on the NBC show, Brodsky's law partner, Reem Odeh, questioned the way the case was being managed.
"I'm concerned that there's more emphasis and more of an effort to cater to the media frenzy than there is to looking into the issues surrounding the investigations," Odeh said. "It just seems to me that when there's nothing going on with the investigation and things are quiet in the media, it seems like sometimes either Joel or Drew says something to start the media frenzy all over again."
Brodsky has mounted an aggressive campaign for media coverage.
Asked whether she discussed those issues with Brodsky, Odeh said, "Absolutely. I don't think it's appropriate. I think it is in the client's best interest to keep it quiet and focus on the case. But he just says the case is going to make us famous and we're all going to get book deals."
Odeh said she plans to meet with Peterson and tell him that she believes he should behave in a more professional manner, and if that doesn't happen, she will push to have him dropped as a client.
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