Prosecutors use 'Drew Peterson' hearsay law in Warrenville murder

Three months before she was fatally shot, 17-year-old Sade Glover accused Joshua L. Matthews of punching her in the face.

The teen filed a battery complaint with Warrenville police the next day. Matthews wasn't arrested for another 21/2 months.

Matthews is accused of killing her two weeks later.

A DuPage County judge ruled Thursday that a jury in the upcoming murder trial of Matthews will be allowed to read Glover's written police statement and other evidence from the earlier incident on July 2, 2004.

Prosecutors invoked the so-called Drew Peterson "beyond the grave" hearsay law to convince the judge the evidence is admissible. It is believed to be the first time the law has been used since it went into effect in December.

Matthews, 24, who despite lacking legal experience is acting as his own attorney, fought the move, arguing it runs contrary to the Sixth Amendment, which guarantees a criminal defendant the right to confront his accuser in court.

But in his ruling, Circuit Judge Perry Thompson found prosecutors presented enough proof that Matthews likely killed Glover so that she was unavailable to testify against him in the battery case. The judge said allowing that evidence of motive doesn't prohibit Matthews from getting a fair trial.

Prosecutors Steven Knight and Paul Marchese had to prove their case at this stage with a preponderance of the evidence, a lower burden than a trial's proof of beyond a reasonable doubt.

"He killed her so that she couldn't testify," Knight said. "He can't profit from his own wrongdoing."

The state's new hearsay law allows a judge at a pretrial hearing in a murder case to determine whether so-called hearsay evidence - testimony or documents that quote someone secondhand who is not in court - may be admitted at trial. Prosecutors must prove in the pretrial hearing those statements are reliable and that the defendant's wrongdoing made the witness unavailable to testify.

Matthews is accused of ambushing Glover about 10:30 p.m. Oct. 9, 2004, as she returned home, shooting her at least three times at close range, and then fleeing.

It was the slain teen's mother, Barbara Hudson, who found her only child's body about 2 a.m. when she went outside her Winchester Circle townhouse in Warrenville to look for her.

Matthews was on parole at the time after serving part of a four-year sentence for beating a cabdriver and robbing a woman. His juvenile history includes mob action, theft and marijuana possession.

Police tracked him down that Oct. 12 in Maywood through cellular phone technology.

He confessed to killing the Wheaton Warrenville South graduate in a videotaped statement, part of which was played in court Thursday.

"I wanted to confront her about why she pressed charges against me," an apologetic Matthews said in the police interview.

Authorities never recovered the murder weapon. Judge Thompson told both sides to be prepared to go to trial in late August. Prosecutors are not seeking the death penalty.

Matthews is being held in the jail's disciplinary segregation unit after deputies found sharpened steel shanks, razors and marijuana cigarettes in his possession. He told the judge he had collected the items from other inmates to turn over to deputies.

"It better not happen again," Thompson said.

Will County State's Attorney James Glasgow pushed for the Drew Peterson law as the former Bolingbrook police sergeant was under investigation in the death of his third wife, Kathleen Savio, and disappearance of his fourth wife, Stacy. Peterson is charged with Savio's murder. He's expected to plead not guilty Monday during a Will County court hearing in which his lawyer will ask his client's $20 million bond be slashed.

Peterson has not been charged in Stacy Peterson's disappearance.

The new law is less broad but similar to an earlier failed effort that DuPage State's Attorney Joseph Birkett pushed after 16-year-old Erin Justice was killed in March 2004, less than one month after accusing her stepfather of raping her in Naperville. He now is on Illinois' death row.

Words: Trial could start in late August

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=292428">An explanation of the hearsay law <span class="date">[5/9/09]</span></a></li> <li><a href="http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=51&GA=95&DocTypeId=SB&DocNum=2718&GAID=9&LegID=37188&SpecSess=&Session=">Full text of the law</a></li> </ul> </div> </div> </div>