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Posted: 10/20/2004 7:42:51 PM EDT
Heard this on the radio on the way home from work tonight. There was a guy in my county (mostly rural) who was arrested a year or so ago for the murder of his wife. They said it was going to trial this week. In the report they said, "There is no murder weapon, no physical evidence, and no body."

It made me real curious as to what info a DA might have that would cause them to go ahead and charge, and then attempt to prosecute someone for murder when there is a lack of physical evidence and NO BODY. I realize the radio station wouldn't have all the information that the DA does. But it just sounded strange.

So, for this non LEO person, would someone explain how that works?
Link Posted: 10/20/2004 7:45:38 PM EDT
[#1]

Quoted:
Heard this on the radio on the way home from work tonight. There was a guy in my county (mostly rural) who was arrested a year or so ago for the murder of his wife. They said it was going to trial this week. In the report they said, "There is no murder weapon, no physical evidence, and no body."

It made me real curious as to what info a DA might have that would cause them to go ahead and charge, and then attempt to prosecute someone for murder when there is a lack of physical evidence and NO BODY. I realize the radio station wouldn't have all the information that the DA does. But it just sounded strange.

So, for this non LEO person, would someone explain how that works?



Witnesses...

A confession...

And similar...
Link Posted: 10/20/2004 8:14:53 PM EDT
[#2]

Quoted:

Quoted:
Heard this on the radio on the way home from work tonight. There was a guy in my county (mostly rural) who was arrested a year or so ago for the murder of his wife. They said it was going to trial this week. In the report they said, "There is no murder weapon, no physical evidence, and no body."

It made me real curious as to what info a DA might have that would cause them to go ahead and charge, and then attempt to prosecute someone for murder when there is a lack of physical evidence and NO BODY. I realize the radio station wouldn't have all the information that the DA does. But it just sounded strange.

So, for this non LEO person, would someone explain how that works?



Witnesses...

A confession...

And similar...



Ok, but this guy pled not quilty. And I read an article tonight at home that says the DA has no eye witness to the alleged murder. So then what?
Link Posted: 10/20/2004 9:13:56 PM EDT
[#3]
Wouldn't believe everything heard on radio or seen on TV.  Sounds like the DA is doing a good job of preventing any leaks about the case.....and the not guilty plea doesn't mean much either.  There had to be a probable cause determination from a judge prior to making an arrest.....so they definitely got something but just not telling.  
Link Posted: 10/21/2004 6:57:14 AM EDT
[#4]
Many people have gone to trial based soley on circumstantial evidence. Perhaps he made a confession to Police or made incriminating non custodial statements.  Perhaps he made threats to kill her, made statements to friends and aquaintences, tried to hire a killer, took out a large insurance policy. Maybe they were headed for a nasty divorce. Maybe she was screwing around. There could be a long history of domestic violence. A combination of any of these and more along with a weak alibi could make a Prosecutor confident enough to go to trial.
Link Posted: 10/21/2004 5:47:11 PM EDT
[#5]

Quoted:
Many people have gone to trial based soley on circumstantial evidence. Perhaps he made a confession to Police or made incriminating non custodial statements.  Perhaps he made threats to kill her, made statements to friends and aquaintences, tried to hire a killer, took out a large insurance policy. Maybe they were headed for a nasty divorce. Maybe she was screwing around. There could be a long history of domestic violence. A combination of any of these and more along with a weak alibi could make a Prosecutor confident enough to go to trial.



I posted slightly incorrectly. It was going to jury deliberation. The trial lasted slightly over a week. Most of the things you stated came out at the trial. Jury came back today - guilty of 1st degree murder. She went missing over a year ago. They arrested him about a year after that. Still no body or murder weapon. They did find some of her jewelry at HIS girl friends home. Kind of interesting. I'll have to read the court reports.
Link Posted: 10/21/2004 11:49:01 PM EDT
[#6]
Although rare, cases have been tried and won on circumstantial evidence.  There are many kinds of evidence including but not limited to physical, testimonial, and circumstantial.

When you lack the PHYSICAL evidence of a murder, such as a body, you can attempt to infer the same thing with CIRCUMSTANTIAL evidence, such as establishing the fact that a person has not been seen or heard from in a specific period of time.
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