New documents raise question: Why weren't charges filed against Josh Powell?

Published: Friday, March 30 2012 9:23 p.m. MDT

"I'm sure they were very, very close," he said. "Why they didn't cross that threshold, we don't know. ... Perhaps they were even at a point they could have charged."

Skordas said he's sure West Valley police and the DA's office wanted a solid case and the lack of a body delayed any charges.

But he doesn't fault the police for taking their time. Skordas said no one could have ever predicted that Powell would have killed himself and his two children the way he did. And as a defense attorney, he believes there is still a good argument that the case was purely circumstantial.

The two search warrants were served on the Puyallup home of Steven Powell and his son, Josh Powell, in August of 2011, and a subsequent search on Sept. 17, 2011.

Steven Powell's defense attorneys say the evidence collected from the Powell house should be thrown out because the search was unconstitutional, calling the effort by police nothing more than a "random fishing expedition style search."

Mike Powell denied those claims Friday, saying the search was done legally.

A hearing on the motion to toss out the evidence is scheduled for April 23. Steven Powell's trial is scheduled to begin May 7.

Powell, 61, has been in jail since September when he was charged with 14 counts of voyeurism and one count of possession of materials of minors engaged in explicit conduct. He is accused of taking pictures of two neighbor girls, then ages 8 and 10, through an open window into their bathroom without their knowledge in 2006 and 2007.

Graves said she believes her father knows what happened to Susan. "Whether he helped to plan it or was just told after the fact I have no idea, but I’m certain he knows now."

Contributing: Emiley Morgan, Ben Wood, Associated Press

E-mail: preavy@desnews.com

Twitter: DNewsCrimeTeam

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