STATE OF ILLINOIS UNDER SEAL

) SS.
COUNTY OF WILL

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

WILL COUNTY, ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS, )

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Plaintiff-Appellant, ) -- c
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) The Honorableffo L-4 D rri

DREW PETERSON, ) Stephen D. WIr1I6i2 in) %,...,
Defendant-Appellee. ) Judge Presiding:: CD
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NOTICE OF FILING

To: See Attached Service List

PLEASE TAKE NOTICE that on July 7, 2010, I caused to be filed, in the office of the Will
County Circuit Clerk, the attached NOTICE OF APPEAL and CERTIFICATE OF IMPAIRMENT,
copies of which are attached hereto.

JAMES W. GLASGOW
Will County State's Atto

12 North Chicag Street

c,../hiliet, Illinois 6i 32
(815) 727-8453
 PROOF OF SERVICE

The undersigned, being first duly sworn upon oath, states that copies of this notice and
NOTICE OF APPEAL and CERTIFICATE OF IMPAIRMENT were served upon the party(ies)
identified below on July 7, 2010, by depositing said copies in the United States mail at 121 North
Chicago Street, Joliet, Illinois, in an envelope ng sufficient postage.

Joel Brodsky
8 South Michigan Avenue
Suite 3200
Chicago, Illinois 60603

Joseph Lopez
53 W. Jackson
Suite 1122
Chicago, IL 60604-3701

Ralph Meczyk
111 W. Washington St.
Suite 1025
Chicago, IL 60602-2745

Steven Greenberg
820 West Jackson Blvd.
Suite 310
Chicago, IL 60607-3062

SUBSCRIBED AND SWORN to before me this

July 7, 2010
2 Lejd . ,44141,-,t2
66
NOTARY PUBLIC

OFF ICIAL SEAL

CHERI L JOHNSON
NOTARY PUBUC -STATE OF ILUNCIIS
MY COAMIRRION DPIREStlan
STATE OF ILLINOIS )
) SS.
COUNTY OF WILL )

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

WILL COUNTY, ILLINOIS Ce.1:e)
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PEOPLE OF THE STATE OF ILLINOIS, ) i
Plaintiff-Appellant, --:.--, ......,
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) The Honorablitr., ---; iv

DREW PETERSON, ) Stephen D. White •cz>
Defendant-Appellee. ) Judge Presiding.

NOTICE OF APPEAL

An appeal is taken from the judgment order described below:

1. Court to which appeal is taken Illinois Appellate Court, Third District

2. Name of appellant and address to which notices shall be sent:

Name: James W. Glasgow, Will County State's Attorney

Address- 121 N. Chicago Street
Joliet, Illinois 60432

3. Name and address of appellant's attorney of appeal:

Name: Terry Mertel, Deputy Director, State's Attorney's Appellate Prosecutor

Address: 628 Columbus St., Suite 300
Ottawa, Illinois 61350

4. Date ofJudgment or Order: May 18, 2010 (denial of a motion to reconsider July 6, 2010).

5 Nature of Order appealed from:

the May 18, 2010 (denial of a motion to reconsider July 6 2010), ruling
suppressed as evidence certain hearsay statements offered under the common
law rule of forfeiture by wrongdoing.

S W. GL GOW
1-4111 County Slate's Attorney
121 N. Chicago St.
Joliet, Illinois 60432
STATE OF ILLINOIS )
) SS.
COUNTY OF WILL )
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICJAI CIRCUIT

WILL COUNTY, ILLINOIS 7C Lt: ts t i
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PEOPLE OF THE STATE OF ILLINOIS, ) C:a 7 2 N.)
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Plaintiff, )
) No. 09 CF 1048
VS.
)

The Honorable
DREW PETERSON, Stephen D. White
Defendant. ) Judge Presiding.

CERTIFICATE OF SUBSTANTIAL IMPAIRMENT TO PROCEED TO TRIAL

The People of the State of Illinois, by James Glasgow, State's Attorney of Will County,

Illinois, certify that, based upon the Court's ruling of May 18, 2010 (denial of a motion to reconsider

July 6,2010), suppressing as evidence certain hearsay statements offered under the common law rule

of forfeiture by wrongdoing, the People are unable to proceed to trial in this matter. See People v.

Young, 82 I11.2d 234, 247 (1980); Supreme Court Rule 604(a)(1). In support thereof, the People

state the following:

1. Defendant is charged with two counts of first degree murder.

2. On May 18, 2010, this Court entered an order allowing the admission of certain hearsay

statements under 725 ILCS 5/115-10.6, but refusing the admission of certain other hearsay

statements under the statute, and declining to rule on the admission of all offered hearsay statements

under the common law rule of forfeiture by wrongdoing, and on July 6, 2010, this Court denied a

motion to reconsider its ruling.

3. The suppression order substantially impairs the state's ability to proceed with this case.

1
 WHEREFORE, the People of the State of Illinois certify that they are unable to proceed to

trial in this matter and submit that this prosecution must be held in abeyance pending the disposition

of this appeal.

JAMES W. GLASGOW
State's Attorney
Will County, Illinois

STATE OF ILLINOIS )
) SS
COUNTY OF WILL )
AFFIDAVIT

Under penalties as provided by law pursuant to section 1-109 of the Code of Civil Procedure
(735 ILCS 5/1-109), I certify that the above statements are4e e to the best of my knowledge and
belief.