Judge denies Peterson motion

<span>In a May 3 decision, Circuit Court Judge Richard A. Brown denied a motion by Drew Peterson's defense counsel to bar the use of sound recordings in the murder-for-hire case.</span>

<span>During a motion hearing on April 22, defense attorney Lucas Liefer argued that the jailhouse recordings of conversations - which are at the center of the case - between Peterson and other inmates at Menard Correctional Center contained 3,700 inaudible portions and should be, as a whole, considered untrustworthy and unreliable.</span>

<span>"The Court has reviewed the transcripts of the sound recordings and finds that, as a whole, the recordings to not contain so many inaudible portions that this evidence would be considered untrustworthy and unreliable," Brown wrote in his one-page ruling. "Overall, the recordings convey clear meaning of the conversations recorded."</span>

<span>During the motions hearing, Illinois Assistant Attorney General Bill Elward argued for - and was later given approval by Brown to have - Will County State's Attorney James Glasgow to be used as a witness during the prosecution's opening statements of the trial.</span>

<span>Glasgow prosecuted Peterson's original 2012 murder conviction - which Peterson, 62, is serving a 38-year sentence at Menard for - and is the person Peterson is alleged to have tried to find someone to kill.</span>

<span>Elward stated that Glasgow was needed to provide some background to the jury on Peterson's history, otherwise the statements on the recordings "make no sense."</span>

<span>"The weight of this evidence with the inaudible portions brought to the attention of the jury by defense counsel should be considered by the jury if this evidence is introduced at trial," Brown wrote in the ruling. "The motion to suppress is denied."</span>

<span>In making his ruling, Brown cited People vs. Hunt, a 2009 case in which an informant was used by Chicago police detectives to record conversations with a suspect in a 2002 murder who was being held for questioning at the Cook County Jail.</span>

<span>The informant was also an inmate at the jail on an unrelated charge. A series of appeals on suppression of the recordings and "custodial interrogation" put the matter before the Illinois Supreme Court in 2012.</span>

<span>In its analysis, the court cited the U.S. Supreme Court case People v. Perkins (1988), in which the court explained - in part - that Miranda rights were not meant to protect suspects from boasting about their criminal activities in front of persons whom they believe to be their cellmates.</span>

<span>In a separate matter, Randolph County State's Attorney Jeremy Walker informed the Herald Tribune on Friday that the recent passing of Barb Brown, wife of Judge Brown, would not affect the proceedings of the upcoming trial.</span>

<span>Peterson is due back in Randolph County Court for a case management hearing on Friday at 9 a.m., the final one before jury selection begins on May 20.</span>

<span>Opening statements are scheduled for May 23.</span>

<span>"I've already talked with the judge about it and he plans to be back on Friday for Peterson," Walker said.</span>