People v. Peterson

On May 22, 2008, the State filed a complaint against defendant Drew Peterson for unlawful use of a weapon (UUW) (720 ILCS 5/24— 1(a)(7)(ii) (West 2006)), followed by a subsequent two-count indictment, filed on July 11, 2008, charging defendant with two alternate counts of the same weapons charge. Claiming vindictive and selective prosecution to be an affirmative defense, defendant filed a motion to compel discovery requesting all documentation reviewed by the State when deciding to file the UUW charge.

The circuit court granted defendant’s motion for additional discovery over the State’s…