I agree with those that are commenting on this absolutely sad, tragic, foolish
and needlessly bad situation those kids suffered violently and painfully at the
hands of a person whom they confusedly trusted. Something like many of us are
trusting our justice system in doing the right thing to protect us,, our
families friends, etc Come On people we have to be and do better than this! His
behavior screams If I can't get my own way if I can't have what I want
then no one can have My kids HER parents aren't going to enjoy my
If they were acquitted I don't see how that is 'put in jeopardy of
life or limb.'
To Hoopty6 | 2:07 p.m. April 3, 2012You said: If the person is
guilty they are guilty. It shouldn't matter if they were previously tried
and not convicted. I know I have blamed people for things and later found out
what really happened. It changes things.Who do we talk to or what do
we do to get this legal loophole (problem) fixed so this doesn't keep
happening? Let's take a stand.What do you have to do to get
this "loophole" fixed? Amend the 5th amendment to the US Constitution,
which provides ". . . nor shall any person be subject for the same offense
to be twice put in jeopardy of life or limb . . ." That's not going to
"There comes a point where you have to say, 'We have the evidence that
we have and we have to go forward and take a shot.' The downside, if you
get an acquittal you can't bring the case back and try it again if you find
a body."What is with this??? That's the root of the
problem. If we try and find him guilty he can appeal and appeal wasting tax
dollars for the next 50 years, but if we try and don't convict, we can
never try him again if/when more evidence (and a body in this case) are found?!?
That makes no sense at all. How many times has this happened and then after the
fact something is found that was not known before that changes things? If the
person is guilty they are guilty. It shouldn't matter if they were
previously tried and not convicted. I know I have blamed people for things and
later found out what really happened. It changes things. Who do we
talk to or what do we do to get this legal loophole (problem) fixed so this
doesn't keep happening? Let's take a stand.
Well, they have plenty of bodies now...Many, many, MANY people have
been convicted of murder without bodies.He had her cellphone in his
car, without the sim card. Her purse was in his possession. There was blood on
the floor with fans blowing to dry it. He had tools to dig with in the car. He
didn't show up for work. His boy said, "We went camping and mommy
didn't come back." She left a note saying, "If I die, Josh did
it."He lied to investigators. "I didn't have my
charger with me," when the officer could see the cellphone charging in his
car.WVC had his computer for 2 years and needed a warrant to get
around the password? There are 1,000 people in this valley that could've
gotten around the password in 60 minutes or less.The LEAST they
could've done is arrest him for obstruction of an investigation. Give
child services something to go on so they could remove those boys from his
custody to protect them.What there IS no evidence of is competence
in the WVC police department and the AG's office.
They can only try a defendant once. They have to get it right the first time,
if they charge; have a trial; he is found innocent; he can never be charged
again.any evidence after that; including a body; would not matter.
So... are you telling people "IF you can dispose of the body well enough...
you can get away with it"?That's a TERRIBLE message.
Telling people that it doesn't matter how much evidence is left... if you
can find a way to prevent the body from being found, just focus on that... as
long as they don't find it... you will get away with it!It's a MYTH that the body must be found first. When there's plenty
of other evidence you don't need the body. Especially when there's
evidence that the body has been disposed of in a way that it's never going
to be discovered no matter how hard you look. There are ways to dispose of a
body and insure it can never be found (don't want to go into them here).But defending the handling of this case by saying they couldn't do
anything without the body... is ludicrous! Cases are solved all the time
without a body!They had enough evidence to charge him. They for
SURE had enough evidence to keep him from having custody of the kids.
josh knew what he did. his sons saw and knew what he did to their mother. yes no
body no proof exactly what happened to her but i am siding with 'josh
killed her and dumped her body'. he should of been held accountable. josh
was unstable. sad that domestic violence is on the rise. oj simpson got away
with murdering or being part of the murder of his ex wife and her friend. life
seems to be not worth much to some. i know the boys are with their mother, josh
well he will suffer for what he did but our Heavenly Father makes the final
decision. i am sure josh will be with those whom have acted with horrible acts
of violence. innocent lives lost. his father also knows what happened and he is
a loopy character. will the truth ever be told ? most likely not. hopefully the
father will never be out of prison. let him stay there and remember over and
over how he could of saved his daughter in law and his grandchildren from
RE: Mugabe. Simpson was overwhelmingly guilty. The evidence was there. If
you take the DNA evidence alone and not consider any of the other evidence, it
is overpowering proof of Simpson's guilt. But in addition, you have the
matching bloody footprints of O.J., drops of Simpson's blood were found at
the crime scene, Simpson's hair and fibers from his cap were found on
Goldman's body, the bloody glove found at Simpson's house HAD shrunk
from moisture AND had his genetic factors on it, bloody socks belonging to O.J.
and had blood matching Nicole's were found in his home, blood from Nicole
and Goldman were found on Simpson's Bronco, plus police records show that
he was prone to rages where he would violently assault Nicole. And there is
still much more. Face the reality. O.J. was an abuser and a murderer. The
police, the prosecution and the judge bungled it and that opened the door for
the jury to blow it too.
Always remember interneters that hind sight is 20-20
I, like most on this comment board, am not a police officer nor an attorney.
Being a citizen, I have just enough knowledge to be able to follow cases like
this one and to voice a strong opinion. My frustration is more with the
DA's office than with the police. After high-profile cases have failed in
the past, I understand why they are cautious. Could filing charges earlier have
prevented the death of the boys? I don't know, but in my heart I scream
"Yes it would have!" However, even though there is a lot of compelling
evidence that points to Powell's guilt,I have never tried a case so I
don't know if they really had enough to win without a body. I am sure that
members of the DA's office probably have nagging doubts as well even though
logic says they made the right call. Also, I have got to believe that there were
some within the police department who were screaming for charges to be filed
against him. To me, logic dictates this. But again, I am not in law enforcement
or an attorney. I'm just sad the boys died.
Re: I M LDS 2"The problem is not that WVCPD failed to arrest Josh
Powell when they should have"And when a prosecutor decided there
wasn't enough evidence to try him and a judge ordered his release from jail
then what?Armchair generals have all the answers but frequently
don't understand the questions.
Officials in Washington should offer Steven Powell a deal. They should offer a
reduced sentence for information leading to the body of Susan Powell. If he
knows, he might help out the family for a lesser sentence. It might work.
Riverton Cougar - "The problem is that the court system tends to favor the
defendant..." That is the intent of the system the founders wanted. They did
not want a tyrannical government abusing its power. It is always better to let
one person go free than to send an innocent man to jail. As much as everyone
wants assume the husband did it, there was not enough evidence to guarantee a
conviction. The only other person who knows what happened, who is still alive,
is presumably Scott's Dad.
It is not the primary responsibility of law enforcement to protect citizens from
crime. It is their responsibility to enforce the laws, which can only be done
once the laws have been violated. Then they have the onerous duty to work in the
face of the presumption of innocence to try and establish guilt beyond a
reasonable doubt.The "problem" with this case is not that
law enforcement was incompetent, nor that our justice system is broken. The
problem is not that WVCPD failed to arrest Josh Powell when they should have.
The problem is the criminal who places his own desires, frustrations, and anger
above the rights to life, liberty and property of another human being. The
problem has always been Josh Powell himself. Blaming WVCPD for the horrible
outcomes precipitating from Josh Powell's criminal behavior is misguided
There may not have been enough evidence yet to try Josh in court but there was
plenty of evidence as to why he should not have been with the children,
particularly in his home. What evidence WVC had such as Susan's statement
about fear for her own life, should have been presented strongly to child
protective services and judges involved in the custody/visitation dispute to
keep them safe. Yes, the police did play a role in the
children's deaths because it is their job to protect the innocent public
and there was clearly enough evidence at their disposal to present a strong case
against the visitation and placement with Josh from early on. It is an excuse
to say that they were acting responsibly in pursuing the best case against Josh
for prosecution for murder. That much truth is mixed with lies that there was
nothing they could have done to protect the children.I am a huge
advocate for fathers having complete and unlimited access to their children but
when this kind of insanity occurs, whether it is mother, father or others,
restrictions must be in place against the serious risk of harm.
To Sarah Nichole:The Jury on the O.J. Simpson case found him
"Not Guilty." The case is over, and you should not make a judgment on a
person in which you have no evidence to support your claim. As a matter of
face, a book is being published, naming the person responsible for
Nichole's murder. In this People's Constitutional
Republic, a person is innocent until proven guilty, no matter what our personal
opinions may be. We should give all Men/Women the same benefit of the doubt
that we would want for ourselves in a situation like this. There are plenty
innocent Men/Women in prison who are innocent. Much love to you.
Honestly, as sad as this entire case has been, I don't blame the police for
their hesitation. They wanted to avoid another O.J. Simpson/Casey Anthony case,
where the defendant was obviously guilty but they were unable to prove it in
court. Since they didn't have a body, they had to ensure that every other
aspect of the case was nailed down tight, and it wasn't yet. They only had
the one chance to convict him, and if they didn't think the evidence was
strong enough, that's their call. They'd know better than the rest of
us what will hold up in court and what won't.
The problem is that the court system tends to favor the defendant, and the
prosecutor will need really good evidence to persuade the judge. If the WVCPD
didn't have strong enough evidence, then filing charges could have done
more harm than good because a good attorney could weasel Powell out of it, and
then Powell would get custody and the WVCPD would have to find completely new
evidence for a completely new charge.In this case, Double Jeopardy
is like the WVCPD having a gun with only one bullet; they didn't feel that
they had a good enough view to get a good shot at the target (too risky,
can't afford to miss).
WVCPD=damage control! The evidence is definately there. What is the sad thing
about this is that the WVCPD could have saved two innocent children by itleast
presenting this evidence in order to get the children out of Powell's
custody. When a husban leaves his wife 9 days after she dissappeared and shows
no interest in finding her....then it's obviously apparent he is a risk to
his children and society. I don't have to hear prior DA's comment on
this to realize after reading and analyzing all this evidence that he is guilty
beyond a reasonable doubt and it could have easily been proven in court with
even very incompetent prosecuting attorneys.
Another case not mentioned in the article was that of Ann Marie Fahey. Ann
Marie's body was never found, but the police stitched together clues and
eventually a brother of the murderer revealed he had helped dispose of a body.
The only potential witnesses, the boys, suffered the same fate as
their mother. Very sad.
I read an article in another online source, and it stated that he had insured
Susan more one and one-half million dollars. Was that published in error?