http://www.suntimes.com/news/metro/1081664,boling30.article
Former cop, a suspect in wife Stacy
Peterson's diseappearance, couldn't get felony weapons charge dismissed
July 30, 2008
By DANIEL ROZEK Staff Reporter
A Will County judge refused today to throw out a felony weapons charge that was filed in May against former Bolingbrook police officer Drew Peterson.
Judge Richard Schoenstedt rejected an argument by Peterson’s attorneys that federal law allows the retired cop to own the assault rifle that prompted his arrest.
The ruling means Will County prosecutors can proceed with their criminal case against Peterson, who faces a maximum five-year prison sentence if he’s convicted of possessing an AR-15 rifle with an illegally short barrel.
After Peterson’s arrest, Will County prosecutors filed a second weapons charge against him, alleging he illegally transferred the assault rifle to his adult son, Steve. Schoenstedt’s ruling means that charge also will proceed against Peterson.
Those are the only charges that have been filed against the 54-year-old Peterson, but authorities have called him a suspect in the October 2007 disappearance of his fourth wife, Stacy.
Authorities also have reopened their investigation into the 2004 drowning death of Peterson’s third wife, Kathleen Savio. Her death, which initially was ruled an accident, was reclassified a murder following Stacy Peterson’s disappearance.
As a result of those investigations, the Illinois State Police seized the assault rifle last November during a search of Peterson’s Bolingbrook home. But it wasn’t until May that prosecutors filed the felony weapons charge against Peterson, contending the barrel of the AR-15 is shorter than the 16-inch limit set by law.
Peterson attorneys Joel Brodsky and Andrew Abood, argued earlier that a federal law allows police officers across the nation to own and carry such weapons, if state laws don’t. Prosecutors disputed that, arguing that the federal law only allows police officers to carry concealed handguns.