Latest / Crime Stories with Nancy Grace / Murder Suspect Hubby Brad Simpson Fights To Suppress Discovery Hearing

Transcript

Murder Suspect Hubby Brad Simpson Fights To Suppress Discovery Hearing · Crime Stories with Nancy Grace

0:00
Speaker 1: Crime Stories with Nancy Grace, a gorgeous young mom. Suzanne
0:10
Speaker 1: Simpson is seen arguing with her husband outside their elite,
0:14
Speaker 1: argy old country club. The neighbor after that here's screams
0:21
Speaker 1: outside is convinced that Suzanne everything suddenly goes quiet. She's
0:26
Speaker 1: never seen again in the Last Days, another development in
0:32
Speaker 1: the search for Suzanne. I'm Nancy Grace. This is Crime Stories.
0:36
Speaker 1: Thank you for being with us. In the last Days.
0:41
Speaker 1: Brad Simpson has filed a motion to quash a hearing
0:46
Speaker 1: It was set for thirty days in connection with wife
0:49
Speaker 1: Suzanne's murder case. Still no body. Brad Simpson, the husband Surprise.
0:58
Speaker 1: The husband Simpson, an almost part ma'am, is believed to
1:03
Speaker 1: have murdered his wife last year. The discovery hearing was
1:07
Speaker 1: originally scheduled in Judge Joel Pettis's four hundred and thirty
1:11
Speaker 1: seventh District Court, but now Brad Simpson wants to quash it.
1:18
Speaker 2: What is quash mean? Basically kick it out of court?
1:23
Speaker 1: Okay, what do we know about Suzanne's disappearance and where
1:27
Speaker 1: is she or her body?
1:29
Speaker 3: They met in college at the University of Texas.
1:32
Speaker 2: Nice guy, charismatic, engaging.
1:35
Speaker 3: You know Suzanne was a little tiny thing, but.
1:39
Speaker 4: For Suzanne, it wasn't perfect time.
1:42
Speaker 3: It's just tragic.
1:43
Speaker 5: Man.
1:43
Speaker 3: I can't even imagine she didn't deserve that at all.
1:46
Speaker 1: If just the thought of Suzanne's body out decomposing in
1:51
Speaker 1: a trash site or a disposal site, it's getting worse.
1:58
Speaker 1: The hand held reciprocating Saul belonging to the husband absolutely
2:03
Speaker 1: has his Anne Simpson's DNA on it. Why why would
2:09
Speaker 1: that be there? Take a listen to what the almost
2:12
Speaker 1: pdchief had to say.
2:13
Speaker 6: So we're holding out hope that maybe, you know, maybe
2:16
Speaker 6: she's trying to be away from the home, to get
2:18
Speaker 6: away from that situation. That's not totally uncommon, but what
2:22
Speaker 6: is uncommon. What is unusual is that this was a
2:25
Speaker 6: woman who worked and was very dependable, and loved her
2:29
Speaker 6: children and was always in contact with her children and
2:32
Speaker 6: her family and her friends. We would love for her
2:34
Speaker 6: to be alive. Obviously, there's nothing concrete that says she's
2:37
Speaker 6: not alive. And again, I owe it to the family,
2:39
Speaker 6: We all owe it to the family to speak of
2:43
Speaker 6: her in a way where other people have been found,
2:45
Speaker 6: like I said, injured and distressed, lost, troubled, hiding away.
2:51
Speaker 2: All of those things are possible now.
2:52
Speaker 1: From our friends at WAI joining me an all star
2:55
Speaker 1: panel to make sense of what we are learning right now.
2:57
Speaker 2: This is not the update I wanted to report to
3:01
Speaker 2: you tonight.
3:02
Speaker 1: For a first out to Zachary Taylor right joining us,
3:06
Speaker 1: a trending digital reporter with my essay, my san Antonio.
3:10
Speaker 2: Zachary, thank you so much for being with us.
3:12
Speaker 1: Explain to me how the husband's reciprocating saw.
3:16
Speaker 2: You know what? Just pause, Zachary. I want to hear
3:20
Speaker 2: everything you've got to say.
3:21
Speaker 1: But for people that don't know what a reciprocating saw is,
3:26
Speaker 1: let me go to doctor Kendall Crown's joining us, the
3:28
Speaker 1: chief medical Examiner in Tarrett County, that's Fort Worth, the
3:32
Speaker 1: Texas Jurisdiction esteemed lecturer at the Burnett School of Medicine TCU,
3:37
Speaker 1: Doctor Kendall Crown, thank you so much for being with us.
3:39
Speaker 1: Before I get into your usual topics, and that is
3:45
Speaker 1: the discovery of bodies. What you can tell from bodies,
3:48
Speaker 1: what you can tell from an autopsy? Could you explain
3:51
Speaker 1: and demonstrate what is a reciprocating saw.
3:55
Speaker 7: Certainly so, reciprocating saws are saws that use a blade.
3:58
Speaker 5: They actually have.
3:59
Speaker 7: My here is a large, fairly large saw. It has
4:04
Speaker 7: a blade that goes backwards in the forwards, which is
4:07
Speaker 7: the reciprocating movement of the saw. And they can be
4:11
Speaker 7: used to cut through metal, wood, bone, tissue, you name it.
4:14
Speaker 7: They use them in the meat cutting industry to cut
4:18
Speaker 7: a part cattle.
4:20
Speaker 1: Hold on, let me see that again. Could you turn
4:22
Speaker 1: that on one more time? Doctor Kimlin. Crown's sure, Jeff
4:30
Speaker 1: Horny is joining me, right, I heard it, Thank you.
4:33
Speaker 1: Jeff Horny is with us right now, joining us from
4:35
Speaker 1: San Antonio, longtime friend of both Suzanne and Brad Simpson,
4:40
Speaker 1: her husband, Jeff Horny.
4:42
Speaker 2: I don't know how you can sit there and look
4:44
Speaker 2: at that saw.
4:46
Speaker 1: It looks like a giant version of the electric knife
4:50
Speaker 1: people use at Thanksgiving and Christmas to cut a turkey
4:53
Speaker 1: or a roast or something.
4:54
Speaker 2: Sure he knew what he was doing. Look at that knowing, Suzanne.
4:58
Speaker 2: It's terrible.
5:01
Speaker 3: And disgusting actually, And.
5:06
Speaker 2: He's a hunter.
5:07
Speaker 3: You know, if you've used one of those saws, you
5:10
Speaker 3: know that it's not real clean. It doesn't just make
5:13
Speaker 3: a beautiful clean cut. And yes, I saw him in
5:17
Speaker 3: the courtroom and he looked like he'd been doing push
5:20
Speaker 3: ups for months. You know, he looks like a thug,
5:23
Speaker 3: is what he looks like, what he's turned out to be.
5:26
Speaker 2: So it's sad man.
5:28
Speaker 1: We were talking to Jeff Horny, who's been a longtime
5:30
Speaker 1: friend of not only Susanne the missing mom, but the husband.
5:35
Speaker 1: Zacharychell are right, thank you for holding a trending digital
5:38
Speaker 1: reporter with my sa my san Antonio. Zachary again, thank
5:43
Speaker 1: you for being with us. I want to backtrack just
5:45
Speaker 1: a moment. You know, I just heard Jeff Horny state
5:49
Speaker 1: that the husband, who is presumed innocent under the law,
5:54
Speaker 1: these are just allegations right now, Zachary, I don't know
5:59
Speaker 1: how him being a hunter has anything to do with
6:02
Speaker 1: his wife's DNA being on a reciprocating so oh I do.
6:07
Speaker 1: I do know the connection he made. He was making
6:09
Speaker 1: the connection that the saw could be let me just
6:13
Speaker 1: say contaminated or still caked with animal detried us from
6:20
Speaker 1: prior hunting trips. I don't know a nice way to
6:24
Speaker 1: say it. That's why I'm searching for the words. But
6:27
Speaker 1: Zachary Taylor right, tell me how and where this reciprocating
6:31
Speaker 1: saw it was discovered?
6:32
Speaker 4: So the reciprocating saw was discovered in Brett's possession and
6:36
Speaker 4: their believe in their family home, but it was hidden away,
6:40
Speaker 4: which is part of his accusations against him, is that
6:45
Speaker 4: he attempted to conceal it from investigators, and of course
6:48
Speaker 4: the DNA did link back to Susannah.
6:51
Speaker 1: Zachary, you stated that the DNA is found on.
6:56
Speaker 2: Simpson's saw, but where was the saw?
6:59
Speaker 4: The pacificatting saw was found in Brad Simpson's toolbox.
7:03
Speaker 1: You know, Zachary Taylor right joining us from my San Antonio. Zachary,
7:08
Speaker 1: I understand that the husband, Brad Simpson, tried to hide
7:14
Speaker 1: the saw absolutely.
7:16
Speaker 4: So that's part of the accusations made against him, is
7:18
Speaker 4: that he attempted to conceal the saw from investigators initially,
7:22
Speaker 4: and so when they were able to find it and
7:24
Speaker 4: link it back to Suzanne, they charged him with tempering
7:27
Speaker 4: with evidence.
7:28
Speaker 1: Well, if it's right there in his toolbox, I don't
7:30
Speaker 1: understand how he's trying to hide it. I'm certainly not
7:32
Speaker 1: taking his side. But you know, Ben Power is joining me,
7:35
Speaker 1: high profile defense attorney at Legal Powers.
7:40
Speaker 2: Ben, the worst thing.
7:41
Speaker 1: You can do if this ever makes it to a
7:43
Speaker 1: jury is for the prosecutor to state something in opening
7:47
Speaker 1: statements like.
7:48
Speaker 2: Yes, and he tried to hide the saw.
7:50
Speaker 1: And then it comes out that he didn't, because if
7:52
Speaker 1: you're wrong as a prosecutor on one fact, it taints
7:57
Speaker 1: everything else.
7:58
Speaker 2: It takes your good facts.
8:00
Speaker 1: And you stand up in front of a jury and
8:01
Speaker 1: you say he tried to hide the saw, because you
8:05
Speaker 1: know what the hiding part is the big indicator that
8:10
Speaker 1: something the fairius has occurred. Being powers, how do I
8:13
Speaker 1: know she didn't try to use the saw one time
8:15
Speaker 1: and cut her finger on I mean, it could be
8:17
Speaker 1: a million things, but the fact that he then tried
8:20
Speaker 1: to hide it puts it in a whole another light
8:24
Speaker 1: been powers.
8:25
Speaker 5: Yeah, I agree. I think it's important that if you're
8:27
Speaker 5: going to use the accusation that he tried to hide
8:29
Speaker 5: the saw and it turns out his toolbox. Obviously where
8:32
Speaker 5: that toolbox was found, and the key to having it
8:35
Speaker 5: is trying to hide it. But I agree with that.
8:38
Speaker 5: You just said you don't want to lose credibility with
8:40
Speaker 5: jury overstating or trying to extend your proof beyond what
8:46
Speaker 5: your proof actually can show. And so I think the
8:49
Speaker 5: importance for the saw in this context is how it's
8:53
Speaker 5: thread in the larger tapestry of the story, So I
8:55
Speaker 5: wouldn't unnecessarily try to extend it past its value, which
9:00
Speaker 5: is her dnage on the saw. And for the state,
9:04
Speaker 5: that's a good facts and defense. That's certainly a problem
9:06
Speaker 5: we're going to have to address the trial.
9:08
Speaker 1: Let me nail this down, Zachary, tail all right? If
9:12
Speaker 1: the saw with his wife's DNA on it, and you
9:14
Speaker 1: know another thing I got to find out, Zachary, and
9:16
Speaker 1: we may not know it yet.
9:18
Speaker 2: Is it blood? Because just go with me for a moment.
9:22
Speaker 2: Do I believe this is true?
9:23
Speaker 6: No?
9:24
Speaker 1: Could one's or believe it absolutely? What if she was
9:29
Speaker 1: using a saw and she cut herself through it? I
9:32
Speaker 1: believe this luxury real estate mom was out working with
9:35
Speaker 1: a reciprocating saw. No, I don't, okay, but.
9:39
Speaker 2: That is a legitimate argument to be made to a jury.
9:42
Speaker 2: Or Zachary.
9:44
Speaker 1: What if it is bone, Now that's a whole another
9:47
Speaker 1: can of worms. What if it is hair, hair, scalp,
9:53
Speaker 1: It could be a number of things that would clearly
9:56
Speaker 1: tell a jury that the saw was used on her
10:00
Speaker 1: to dismember her. So, hey, I gotta nail down is
10:04
Speaker 1: it true? He tried to hide it. And you know what, Zachary,
10:08
Speaker 1: when you don't know a horse, look at his track record.
10:10
Speaker 1: We already know he asked a friend. As a matter
10:13
Speaker 1: of fact, I believe you told me this. He asked
10:15
Speaker 1: a friend to hide a gun, and the friend hid
10:18
Speaker 1: the gun in a false wall, and the gun was found,
10:22
Speaker 1: and the friend, of course blabbed, he told me to
10:24
Speaker 1: hide it. So we know he has a track record
10:26
Speaker 1: of hiding evidence. Now that's one thing, but that doesn't
10:30
Speaker 1: prove to me he tried to hide this saw. I
10:33
Speaker 1: need to know how did he try to hide the saw?
10:35
Speaker 1: Where are we getting that?
10:37
Speaker 4: So that comes directly from the charges against him. But
10:40
Speaker 4: we don't have the exact details on where police found
10:43
Speaker 4: the saw, other than it being in his toolbox. So
10:46
Speaker 4: your plants are completely accurate. And we also don't know
10:49
Speaker 4: precisely what DNA they found on the saw.
10:58
Speaker 2: Crime stories with Nancy Grace.
11:04
Speaker 1: Brad Simpson moving to quash a hearing set in connection
11:09
Speaker 1: with his wife Suzanne's murder. Judge Padez had initially set
11:14
Speaker 1: a thirty day window for the hearing to occur as
11:19
Speaker 1: evidence from the Texas Rangers is still being collected. I
11:22
Speaker 1: hope that includes her body, but as of yet nobody
11:26
Speaker 1: has been found. Now, as the state's attorneys continue to
11:31
Speaker 1: gather evidence, the Texas Rangers still conducting investigation translation looking
11:37
Speaker 1: for her body. Simpson's lawyer said they had enough evidence
11:42
Speaker 1: to proceed with a motion to quash the indictment. That's right,
11:49
Speaker 1: throw out the indictment. The judge offered Simpson's lawyers a thirty,
11:55
Speaker 1: sixty or ninety day option for the next hearing. Of course,
12:00
Speaker 1: they're sticking with a thirty day window, holding the state's
12:03
Speaker 1: feet to the fire to get the evidence to move forward. Now,
12:06
Speaker 1: if they were smart, I think that file for emotion
12:10
Speaker 1: for speedy trial and make the state go forward without
12:14
Speaker 1: a body. You can't be held indefinitely under the constitution
12:18
Speaker 1: waiting for trial. That's why we have the right to
12:22
Speaker 1: a speedy trial under our constitution. Typically, a speedy trial
12:28
Speaker 1: is within the term or the next two terms of
12:32
Speaker 1: the indictment being handed down. A term in most jurisdictions
12:36
Speaker 1: is about three months. Every three to four months, a
12:40
Speaker 1: new grand jury is impaneled, which would mean a speedy trial.
12:45
Speaker 1: Demand would guarantee a trial within let's say three six
12:52
Speaker 1: nine months ish from the day of the indictment. What
12:58
Speaker 1: is in that discovery? What do we know about Susan's disappearance?
13:03
Speaker 2: Brians Gibbons joining me.
13:06
Speaker 1: Brian is the director of Operations for USPA Nationwide Security,
13:11
Speaker 1: who leads teams of investigators all around the country trying
13:15
Speaker 1: to find missing people. Brian, just go with me for
13:18
Speaker 1: a moment. The saw in the toolbox, that's not damning,
13:24
Speaker 1: that's not incriminating.
13:25
Speaker 2: That means nothing to me.
13:27
Speaker 1: I need to know it kind of what part of DNA,
13:29
Speaker 1: What type of DNA is it?
13:31
Speaker 2: For instance, if it's hair and scalp, it's over for him.
13:34
Speaker 1: If it's just a little blood, well that could have
13:37
Speaker 1: an innocent explanation. Not that I believe it, but it could.
13:41
Speaker 1: So what about this, Brian? If the toolbox itself, we
13:45
Speaker 1: know the saw is in the toolbox, But if the
13:47
Speaker 1: toolbox itself, let's just say, was buried in the backyard, Okay,
13:52
Speaker 1: that indicates nefarious intent. If it was flung in a river,
13:56
Speaker 1: we have to know more facts before we can just
13:58
Speaker 1: blurt out it was hit.
14:00
Speaker 8: Yeah, As Attorney Ben Powers just said, we're looking at
14:03
Speaker 8: a whole tapestry of things laid out in this charging document.
14:06
Speaker 8: So where it was concealed, how it was concealed is
14:10
Speaker 8: certainly going to come out later. But there was a
14:12
Speaker 8: reason that investigators put that in the documents. Okay, we
14:16
Speaker 8: see him concealing the cell phone, we see him concealing
14:19
Speaker 8: the guns. Now we read about him concealing the saw.
14:22
Speaker 8: They're laying out a pattern of behavior from Brad Simpson.
14:26
Speaker 2: Here.
14:26
Speaker 1: You know, Ryan, I gave up cursing, or I said
14:30
Speaker 1: I was giving up cursing when I had the twins.
14:33
Speaker 1: But on this special special occasion, let me just say,
14:36
Speaker 1: they damn well better show me later because Karen Start
14:40
Speaker 1: joining me renounced psychologist, TV radio trauma expert. You can
14:43
Speaker 1: find her at karenstart dot com. Karen, you know I
14:47
Speaker 1: live through the Ja Simpson trial, Mayhey Rottenhill.
14:51
Speaker 9: One little beauty thing, the glove, one little beauty thing,
14:57
Speaker 9: And I guarantee you, Karen Stark, if I could have
14:59
Speaker 9: gotten that courtroom and gone up to Simpson, I would have.
15:02
Speaker 1: Gotten that glove on his hand, no question. But one thing,
15:08
Speaker 1: that one thing tainted the whole case. It messed up
15:13
Speaker 1: the whole case. Like here, if the state says he
15:17
Speaker 1: hit it, and then you can't prove he hit it
15:20
Speaker 1: a technical legal term, they're screwed.
15:22
Speaker 10: You know, I would think, Nancy, that they would not
15:25
Speaker 10: say that he was tampering with the evidence or hiding
15:28
Speaker 10: it unless there was actually a reason.
15:36
Speaker 2: Stop. Brother Kimmel.
15:38
Speaker 1: Crowns is demonstrating what a reciprocating handheld saw is. Does
15:42
Speaker 1: that come with another blade, a detachable blade?
15:45
Speaker 7: Yes, it comes with multiple different blades depending on what
15:48
Speaker 7: you're trying to saw up. It can come with ones
15:50
Speaker 7: that'll work on a metal. It also comes with ones
15:53
Speaker 7: that'll trim trees, things of that nature.
15:56
Speaker 11: So, for those of you just joining US medical examiner,
16:05
Speaker 11: doctor Kendall Crowns is demonstrating a reciprocating saw.
16:08
Speaker 2: Go ahead, Okay, thank you, doctor Crowns.
16:18
Speaker 1: You know, to Zachary Taylor Wright, the big bombshell tonight
16:24
Speaker 1: is that Suzanne's DNA is found on that reciprocating saw.
16:29
Speaker 1: But there is other evidence that's extremely disturbing.
16:33
Speaker 2: The problem with a reciprocating saw is that in the leading.
16:39
Speaker 1: Up to tonight, we were looking for a body because
16:44
Speaker 1: nobody wouldn't you agree, Jeff Horney, There's no way Suzann
16:46
Speaker 1: would have stayed away from her children this long.
16:48
Speaker 4: Yeah, absolutely not, So that.
16:51
Speaker 2: Means we're looking for a body.
16:52
Speaker 1: But now that the reciprocating saw has entered the scene
16:55
Speaker 1: with her DNA on it, that means he has very
16:57
Speaker 1: likely been dismembered. Is going to make the discovery of
17:01
Speaker 1: her remains much more difficult.
17:04
Speaker 2: What does that mean to a prosecutor?
17:06
Speaker 1: That means this may very well be a no body case,
17:10
Speaker 1: as in, there will never be a body discovered. But
17:14
Speaker 1: what else do we know? Zachary Taylor right.
17:16
Speaker 2: Joining us from my San Antonio.
17:19
Speaker 1: We were just describing Brad Simpson going out for a
17:25
Speaker 1: what a Burger? He certainly did not lose his appetite
17:28
Speaker 1: in light of his wife missing. Now I know I'm
17:32
Speaker 1: projecting Zachary Taylor right.
17:35
Speaker 2: But when I learned my fiance.
17:37
Speaker 1: Had been murdered, I lost down to eighty nine pounds.
17:42
Speaker 1: The thought of food literally made me sick, nauseous, and
17:46
Speaker 1: I went so long. I remember the first thing I ingested,
17:50
Speaker 1: and it was orange juice and something my mom had
17:53
Speaker 1: in the fridge.
17:55
Speaker 2: So I know that's just my experience.
17:59
Speaker 1: But when I hear about Brad Simpson in the middle
18:01
Speaker 1: of his wife missing, pigging out at what a Burger,
18:06
Speaker 1: I'm not a shrink.
18:07
Speaker 2: Or a dietitian, but that just doesn't sit right with me.
18:10
Speaker 4: I mean, we don't know exactly what he purchased at
18:12
Speaker 4: Waburger so far, but we do know that he did,
18:15
Speaker 4: in fact stop at Waterburger with some we'll say, suspicious
18:19
Speaker 4: items in his trunk that he later unloaded after making
18:23
Speaker 4: two separate stops. And we also know, according to the
18:27
Speaker 4: restaurant off A David, he's accused of burning the couple
18:30
Speaker 4: of electronics as well out of Benderah home.
18:33
Speaker 1: First of all, he puts his phone in quote lockdown mode,
18:38
Speaker 1: Ryan Gibbons joining us USPA Nationwide Security. I don't know
18:44
Speaker 1: what lockdown mode means. I guess that means like airplane mode.
18:49
Speaker 8: Right, this is going to go, This is going to
18:51
Speaker 8: go one step beyond that, Nancy. So once that phone
18:55
Speaker 8: enters lockdown mode, you have no data being transmitted from
18:59
Speaker 8: that phone to the cloud, to any towers. So tracking
19:04
Speaker 8: Brad Simpson's movements with the phone would become nearly impossible
19:08
Speaker 8: at that point.
19:09
Speaker 1: Ben Power is joining me, high profile lawyer with legal powers.
19:13
Speaker 1: Ben kind of reminds me of Brian Coberger. Just so happens,
19:19
Speaker 1: he turns his phone off exactly the time the four
19:25
Speaker 1: University Idahos students are murdered in their beds.
19:28
Speaker 2: What a coink you think, Ben?
19:30
Speaker 5: I do agree that turing off his phone is certainly
19:33
Speaker 5: not a practice of the defense.
19:36
Speaker 1: You know.
19:36
Speaker 5: It definitely is consistent with trying to have his activities
19:40
Speaker 5: where he's going, what he's doing. There are other layers
19:44
Speaker 5: of allegations in the war and against him the show.
19:48
Speaker 5: He's pretty active after the altercation that he had of
19:52
Speaker 5: Suzanne and the activity involved on the home depot to
19:55
Speaker 5: get different items like trash bags, tarts, concrete buckets, things
19:59
Speaker 5: like that.
20:00
Speaker 1: There is a discovery we talk about lockdown, Ben Powers,
20:03
Speaker 1: Ben Powers, the phone being put in lockdown mode? Is
20:07
Speaker 1: that the same thing as airplane mode? Or is it
20:10
Speaker 1: something more?
20:12
Speaker 2: What is it?
20:13
Speaker 5: It's something more. It's something that's intended to avoid hitting
20:15
Speaker 5: those things on the towers so that he could conceal
20:18
Speaker 5: his movements. Okay, the thing I guess he wasn't baking
20:22
Speaker 5: on his car head GPS line as well. So kind
20:25
Speaker 5: of idiot defeated the purpose of what he hoped to achieve.
20:28
Speaker 1: You know, Ben Powers, would you agree that at this
20:33
Speaker 1: juncture in our technological world, A jury is going to
20:39
Speaker 1: view putting your phone in airplane mode or lockdown as
20:43
Speaker 1: being as bad as placing.
20:44
Speaker 2: You at the scene.
20:46
Speaker 1: I mean, if he had at any sense at all,
20:48
Speaker 1: he would have left his phone on at his home,
20:52
Speaker 1: but instead he put it in lockdown. So I think
20:56
Speaker 1: it has a very nefarious or sinister connotation to juries
21:00
Speaker 1: because jury's didn't just fall off the turnip truck, Ben Powers,
21:04
Speaker 1: they don't have their phone in lockdown.
21:06
Speaker 2: They may not even know how.
21:07
Speaker 1: To find lockdown on their phone, so that is going
21:11
Speaker 1: to signal to them that something sinister was happening.
21:15
Speaker 5: And I agree that the problem the state still has
21:17
Speaker 5: got to have is that's all peers that would come
21:21
Speaker 5: in after the fact, after the allegation that he killed Suzanne.
21:27
Speaker 5: They don't have anything before. They don't have any premeditations,
21:30
Speaker 5: any planning before. This is all posts and so they're
21:33
Speaker 5: still going to have a problem with establishing, you know,
21:36
Speaker 5: with this avoluntary manslaughter.
21:37
Speaker 1: Ben Powers, You're right, they've got a problem.
21:45
Speaker 2: Crime stories with Nancy Grace.
21:51
Speaker 1: Apparently, evidence from the Texas Rangers is taking longer than
21:54
Speaker 1: anyone expected to be received by the state. The prosecution
21:59
Speaker 1: stillating on forensic testing to be completed.
22:02
Speaker 2: Prosecutors say they expect.
22:04
Speaker 1: To have five to six terabytes of evidence originating from
22:08
Speaker 1: Texas Rangers, and let me tell you something, those rangers
22:11
Speaker 1: don't play. Meanwhile, the defense says it's got about one
22:15
Speaker 1: terabyte of discovery it still needs to go through before
22:18
Speaker 1: moving forward with their motion to quash the indictment. Okay,
22:24
Speaker 1: that's a lot of legal mumbo jumbo about when we're
22:26
Speaker 1: going to have a hearing and.
22:27
Speaker 2: Will the indictment be quashed.
22:29
Speaker 1: I can tell you right now that indictment is not
22:31
Speaker 1: going to be quashed, okay, just because there's not a body.
22:35
Speaker 1: From what we know, circumstantial evidence indicates that Brad Simpson
22:40
Speaker 1: was arguing with his wife and grabbing her or pulling
22:44
Speaker 1: her by her arm outside their home. After the argument
22:47
Speaker 1: outside the country club, a scream occurred from Susanne and
22:51
Speaker 1: then everything went quiet. Now she's missing. I guess a
22:55
Speaker 1: jury can add two plus two to get four. That
22:58
Speaker 1: indictment is not going to be just because there is
23:01
Speaker 1: only circumstantial evidence. But actually we don't know what all
23:05
Speaker 1: the evidence is yet because all the discovery has not
23:08
Speaker 1: been assimilated by Texas Rangers and handed over to prosecutors.
23:13
Speaker 1: So we don't know what there is. There could be
23:15
Speaker 1: a lot more, but what do we know. You know, Jeff,
23:18
Speaker 1: how exactly do you know them? Who did you know first?
23:22
Speaker 3: I knew Suzanne first and then I met I met
23:25
Speaker 3: Brad after that, before they even know each other.
23:28
Speaker 2: So how would you describe him?
23:30
Speaker 3: You know, he was a different dude. He was a
23:35
Speaker 3: little weird, a little different, but you know he was
23:39
Speaker 3: he was always uh, you know, smiling and and I'll
23:45
Speaker 3: be honest with you that being a year younger than me,
23:49
Speaker 3: I didn't see him a lot. The only time I
23:51
Speaker 3: saw him was back at the frat house and everybody
23:54
Speaker 3: was drinking beer and and you know, doing doing what
23:58
Speaker 3: we do there. So you know, I've spent a summer
24:05
Speaker 3: with Brad before his freshman year, you know, rushing our
24:15
Speaker 3: fraternity and getting to know him and trying to get him.
24:19
Speaker 2: To Okay, Well, I don't need to hear about rush season.
24:22
Speaker 1: What I want to hear about, Jeff Horny is when
24:24
Speaker 1: you said he was odd. That's what I want to
24:27
Speaker 1: hear about. You know the old quote everyone is odd.
24:33
Speaker 2: But me and the and I think the a bit
24:35
Speaker 2: queer at times.
24:36
Speaker 1: What that means h and everyday parlance is everybody thinks
24:41
Speaker 1: everybody else is weird but themselves. Okay, So when you
24:44
Speaker 1: say he was odd, you just can't put that out
24:46
Speaker 1: there and leave it hanging.
24:47
Speaker 2: What did he do that was odd?
24:48
Speaker 3: Well, he never went anywhere with Suzanne. She was always
24:52
Speaker 3: by herself, football games, by yourself, to watch her daughter's
24:57
Speaker 3: chair parties herself. Never Brad was was was very rarely there.
25:04
Speaker 3: Uh So that was that was that was odd to me.
25:08
Speaker 3: You know, I don't know what else you want me
25:12
Speaker 3: to say.
25:13
Speaker 2: I I I was around.
25:15
Speaker 3: I was around them because I Suzanne was a friend
25:18
Speaker 3: of mine. You know, she's the one that would call
25:21
Speaker 3: me and invite me to their parties. I wasn't you know,
25:26
Speaker 3: Brad would not call me and invite me. Uh he
25:30
Speaker 3: he is a you know again, the the the community
25:37
Speaker 3: is is a uh a party driven community.
25:44
Speaker 2: You know.
25:45
Speaker 3: There was a lot of partying and alcohol. And there's
25:49
Speaker 3: this group of mainly Alamo Heights men that raised money
25:54
Speaker 3: for underprivileged folks and they they the cavaliers is what
26:02
Speaker 3: they're called. And he was a cavalier. So you know,
26:06
Speaker 3: he had some good qualities. I think, you know, I
26:12
Speaker 3: think he might have been an okay father and took
26:16
Speaker 3: his kids hunting and fishing. I just know he was
26:19
Speaker 3: not a very good husbook.
26:20
Speaker 1: I don't know that allegedly murdering the mother of your
26:24
Speaker 1: children qualifies as being a good father.
26:28
Speaker 2: Hey, Zachary Taylor, right, got a question for you.
26:31
Speaker 1: I'm trying to go along with the police and these
26:34
Speaker 1: recent court filings as to everything that they have uncovered
26:37
Speaker 1: with his phone in lockdown mode, police had to go
26:40
Speaker 1: to extreme methods, gathering surveillance video from all over homes, businesses,
26:45
Speaker 1: red lights, you name it. Let me talk to you
26:48
Speaker 1: about that, because what they have put together without the
26:52
Speaker 1: use of his phone is survellance video showing his truck
26:55
Speaker 1: at a grocery store at twelve thirty three a. M uhh,
27:00
Speaker 1: he must have had a snack attack. Twelve thirty three am,
27:03
Speaker 1: he said, the grocery store. Nothing in the bed of
27:06
Speaker 1: his truck but an ice chest. Then when he takes
27:09
Speaker 1: his daughter to school the next morning, where was Suzanne
27:11
Speaker 1: she normally takes him to school. There are two full
27:15
Speaker 1: white trash bags added in the truck bed.
27:19
Speaker 2: Okay. Then when he spotted at that Bernie what burger
27:23
Speaker 2: an hour later, now he's.
27:25
Speaker 1: Got a heavy duty trash can with a firewood rat
27:29
Speaker 1: weighing down an object now covered with the blue tarp.
27:34
Speaker 2: Wow, a lot happened after he dropped his daughter off. Huh.
27:36
Speaker 4: Absolutely. He also made a stop at a home depot
27:39
Speaker 4: where he bought concrete, a large bucket, and some I
27:44
Speaker 4: believe cleaning spray with bleach before he asked for directions
27:49
Speaker 4: to the nearest dump site.
27:50
Speaker 12: Simpson then stops at the Bernie home depot. Simpson buys
27:53
Speaker 12: concrete mix, a bucket, trash bags, and chlorox spray. On
27:57
Speaker 12: his way out, Simpson asks for directions to the new dump.
28:00
Speaker 12: Surveillance footage captures Simpson leaving the dump, then stopping for gas.
28:05
Speaker 12: The two white trash bags are no longer in the bed.
28:08
Speaker 12: Simpson then drives to Medina, just west of the family
28:12
Speaker 12: home in Bandera. When Simpson is spotted again back in Bernie,
28:16
Speaker 12: the tarp and whatever was underneath it are gone.
28:19
Speaker 13: Simpson is on his way back from Bernie when he
28:21
Speaker 13: receives the call, but Suzanne isn't there for their daughter.
28:25
Speaker 13: Simpson picks her up around three point thirty, then heads
28:27
Speaker 13: to his usual car wash with her. Video shows Simpson,
28:31
Speaker 13: washing the interior around the driver's seat and rear left
28:34
Speaker 13: passenger seat, cleaning up what he claims were concrete stains
28:38
Speaker 13: in his car, Cleaning up.
28:40
Speaker 1: The vehicle at the car wash. You know, straight out
28:44
Speaker 1: of the playbook A Photus Dulos. You know, Dulos charged
28:50
Speaker 1: in the murder of his wife, a Connecticut mother of five,
28:55
Speaker 1: and police in Connecticut did an incredible job of piecing
29:00
Speaker 1: togather video from all sorts of origins.
29:04
Speaker 13: You know what, listen, investigators believe photos. Dulos parks his
29:07
Speaker 13: employees Red Tacoma a few blocks from Jennifer Dulo's home,
29:11
Speaker 13: then rides a bike the rest of the way, lying
29:14
Speaker 13: in wait for her to return. After attacking her in
29:17
Speaker 13: the garage, cops believe Dulo's loads Jennifer dead or unconscious
29:21
Speaker 13: in the back of her own suv, then transfers her
29:24
Speaker 13: body into the Tacoma. Less than a week later, without
29:28
Speaker 13: his employee's knowledge, Dulos takes the truck again. Dulos is
29:31
Speaker 13: caught on video paying for a car wash in cash.
29:35
Speaker 13: His girlfriend, Michelle Treconis, later tells authorities he was trying
29:38
Speaker 13: to clean a coffee spill. Despite Dulo's efforts, investigators still
29:44
Speaker 13: managed to recover Jennifer Dulos's DNA from the passenger seat.
29:47
Speaker 1: To be in Power's high profile defense attorney. Why is
29:50
Speaker 1: it when there is a murder or somebody goes missing,
29:54
Speaker 1: suddenly husbands and or suspects turn into Nate Nix. Jody
30:02
Speaker 1: Arias did all the laundry after she murdered Travis Alexander. Whoopsie,
30:07
Speaker 1: she left her digital camera in the laundry, and you
30:10
Speaker 1: see her foot by the dead body in the digicam.
30:14
Speaker 2: Helps that hurt. Then Scott Peterson.
30:17
Speaker 1: Went on a laundry jag, Clinton doing all the laundry
30:21
Speaker 1: in the home and cleaning up.
30:22
Speaker 2: It goes on and on and on.
30:25
Speaker 5: Ben Powers, I thank it's for the obvious reason that
30:27
Speaker 5: they are very active and very busy and whatever it is.
30:31
Speaker 1: Powers, weren't you the veteran defense attorney? Because I'm hearing
30:35
Speaker 1: an echo. You're just saying what I just said. What's
30:37
Speaker 1: your defense In this case of Simpson cleaning out his
30:42
Speaker 1: vehicle around the time his wife goes missing.
30:46
Speaker 5: I think most you can just say it's odd because
30:48
Speaker 5: they still don't.
30:49
Speaker 4: Have a body.
30:50
Speaker 5: They don't have anything to say how he took her
30:53
Speaker 5: life when he took her life, where he took her life,
30:55
Speaker 5: where he just remembered her, where she is if he
30:58
Speaker 5: did dismember her. At the moment, all they have is
31:02
Speaker 5: DNA on the boatsault that no one can really explain.
31:05
Speaker 5: There's a lot of speculation that can go.
31:07
Speaker 1: Okay, okay, point will taken, Ben Powers, point will taken.
31:11
Speaker 1: Zachary tail are right? Tell me about his movements that day.
31:14
Speaker 1: I want to talk about the tarp, the bleach that
31:18
Speaker 1: stops at the grocery at twelve thirty in the morning,
31:20
Speaker 1: then going to a dump site, then driving all around
31:25
Speaker 1: the area making stops, and all those big bags of
31:28
Speaker 1: trast then disappear every time he makes a stop, and
31:31
Speaker 1: a surveillance video something's been moved out of the bed
31:34
Speaker 1: of his trunk. So why is it that day suddenly
31:37
Speaker 1: it's in and out, in and out with the truck
31:39
Speaker 1: bed just tons of trash bags a tart for Pete's sake,
31:43
Speaker 1: I can.
31:43
Speaker 4: Tell you why he did it. All I can do
31:45
Speaker 4: is tell you what he's accused of doing, and that is,
31:49
Speaker 4: like you mentioned, starting the morning with some suspicious activity,
31:54
Speaker 4: including driving out to Bernie after dropping off his daughter
31:58
Speaker 4: with only a nice Chester his trunk and the art
32:01
Speaker 4: started in the bed of his truck before he's then
32:04
Speaker 4: seen in Bernie with large trash fins and then stops
32:10
Speaker 4: at the depot where he's then seen that water burger
32:13
Speaker 4: with the large object covered by a tart, and then
32:18
Speaker 4: he asks for directions to the nearest dump there and Bernie,
32:22
Speaker 4: and he's shortly seen on surveillance camera footage after visiting
32:25
Speaker 4: the deck with the two trash bags gone, but he
32:28
Speaker 4: still has the large item covered with the tar. He
32:32
Speaker 4: then proceeds to drive to Bandera, which officers reportedly know
32:36
Speaker 4: from license plate readers and other surveillance footage that they
32:40
Speaker 4: see of his truck driving out there. He then stops
32:43
Speaker 4: in Bandera for only less than fifteen minutes before he's
32:47
Speaker 4: then seen driving back towards Bernie with the tart and
32:51
Speaker 4: the large item under the tar being gone.
32:54
Speaker 1: Even those whose Antips's body has never been found to date.
32:58
Speaker 1: A Bear Canny grand jury indicted Brad Simpson on charges
33:02
Speaker 1: of murder, of tampering with evidence with the intent to
33:06
Speaker 1: impair a human corpse, tampering and or fabricating physical evidence
33:12
Speaker 1: with the intent to impair, and possessing prohibited weapons. Susanne,
33:20
Speaker 1: a mother of four, last seen at a party at the.
33:25
Speaker 2: Ritzy Argyle Club.
33:28
Speaker 1: Now, let's see that was on October six, but it
33:31
Speaker 1: wasn't around ten pm October seven that husband Brad Simpson
33:37
Speaker 1: reported her missing. We know they were involved in a
33:42
Speaker 1: dispute the night she disappeared, not only at the country club,
33:45
Speaker 1: but outside her home according to a neighbor. We also
33:48
Speaker 1: have Brad Simpson's business partner, James Cotter. He's been charged
33:52
Speaker 1: in connection with the case for hiding a gun. He's
33:55
Speaker 1: accused of helping Simpson hide in AK forty seven that
33:59
Speaker 1: was illegally modified. The firearm was modified into a machine
34:07
Speaker 1: gun and was not correctly registered.
34:10
Speaker 2: Whoopsie.
34:11
Speaker 1: Some of the evidence we do know about is surveillance
34:15
Speaker 1: footage showing Brad Simpson driving with three large trash bags,
34:20
Speaker 1: photos dulos all over again, a heavy TV trash can,
34:24
Speaker 1: and a quote large bulky item wrapped in a blue
34:28
Speaker 1: tarp the day after she disappears. Now we learn that
34:31
Speaker 1: from an arrest warrant AFFI David Susanne Simpson's remains I
34:37
Speaker 1: believe in the Bandera area, but they have never been found. Surprise, surprise, again. Husband,
34:43
Speaker 1: Brad Simpson has shown very little emotion about his wife's disappearance,
34:47
Speaker 1: and he is not cooperating with investigators.
34:50
Speaker 2: It's like the same old playbook.
34:53
Speaker 1: Come on, this is the same exact thing Fotus Dulos did.
34:57
Speaker 2: Okay, there's a copious amount.
34:59
Speaker 1: Of blood found in the garage outside of Jennifer's car
35:02
Speaker 1: after she came back from drop off that morning at school.
35:05
Speaker 1: She's never been found, but he Traconas and his girlfriend,
35:10
Speaker 1: that's certainly.
35:11
Speaker 2: One way to put it.
35:12
Speaker 1: Michelle Traconas are caught on video driving all around town
35:17
Speaker 1: going to I believe it was five different trash receptacles
35:21
Speaker 1: caught on video throwing away sponges, rags, towels, all soaked
35:26
Speaker 1: in blood, the wife, Jennifer Dulos shirt and Bras soaked
35:33
Speaker 1: in blood. So how smart is Simpson because he's just
35:38
Speaker 1: doing the same old playbook for Pete's sake.
35:40
Speaker 4: I don't think he's very smart.
35:43
Speaker 3: I'm you know, after I heard that they found the
35:50
Speaker 3: found her DNA on the reciprocating saws. He's crazy. I mean,
35:55
Speaker 3: I don't know what he could have to get all
35:58
Speaker 3: that done in the few hours that he got done.
36:00
Speaker 3: I'd like to know what he was on to do that, you.
36:03
Speaker 1: Know, Uh, yeah, has Brian Fitzgibbons, Brian, do you ever
36:13
Speaker 1: wish that suspect, of course he's presumed innocent, would do
36:17
Speaker 1: something different? I mean, don't you know that if the
36:22
Speaker 1: authorities have already gotten him on video at the water
36:24
Speaker 1: burger and the grocery store and the here and the there,
36:28
Speaker 1: they're going to have video of him disposing of stuff,
36:31
Speaker 1: although he may have disposed of it in a remote
36:34
Speaker 1: area where we're never going to find it.
36:36
Speaker 8: Yeah, Nancy, at this point that I certainly wish all
36:41
Speaker 8: the time that you know, a defendant would come forward
36:43
Speaker 8: with the truth, right, But at this point we're probably
36:46
Speaker 8: dealing with multiple disposal sites, potentially bodies of water, potentially
36:52
Speaker 8: different dump sites, and uh, you know this this is
36:55
Speaker 8: going to be very complicated. But so far as a wish,
36:58
Speaker 8: of course, I feel that all the time I wish
37:00
Speaker 8: you'd come forward and give us the truth.
37:03
Speaker 1: A major update in the search for Suzanne Simpson, the
37:06
Speaker 1: missing Texas mom luxury realtor.
37:09
Speaker 6: Listens Park Police Department, along with the Texas Rangers, have
37:14
Speaker 6: charged Brad Chandler Simpson with murder in the death of
37:17
Speaker 6: his wife, Suzanne Clark Simpson.
37:19
Speaker 14: The rangers have not stopped investigating this case as it
37:22
Speaker 14: has been turned over to the District Attorney's department. The
37:24
Speaker 14: District Attorney starts their process in the prosecution phase, even
37:28
Speaker 14: though we are not stopping our search for Suzanne Clark Simpsons.
37:31
Speaker 2: That from our friends at k e NS five.
37:34
Speaker 1: And you were hearing the almost part Chief of Police
37:37
Speaker 1: Feddale valet House and Sergeant Dion Cockrell from the Texas
37:40
Speaker 1: Department of Public Safety. So now there is a formal
37:45
Speaker 1: charge the District attorney now starting the prosecution phase, will
37:50
Speaker 1: more be made clear?
37:52
Speaker 2: Maybe not.
37:53
Speaker 1: We don't have a right to know all of the
37:56
Speaker 1: details surrounding this case. Straight out to doctor Kendall Crown,
38:00
Speaker 1: chief medical Examiner in Terran County. That's Fort Worth, Texas,
38:04
Speaker 1: doctor Kumba crowns. I'm thinking back on Photosdulos and how
38:09
Speaker 1: he and his lover Michelle Chaconis were hiding Jennifer, the
38:14
Speaker 1: mother of his five children. I mean hiding throwing away
38:18
Speaker 1: into dumpsters, into trash receptacles all over town. What man
38:23
Speaker 1: throws the same bag of trash in five different trash cans?
38:27
Speaker 2: Okay, food for thought.
38:29
Speaker 1: But if we find, if we discover that Susanne has
38:35
Speaker 1: been dismembered, that could.
38:38
Speaker 2: Mean anything from a leg to a digit.
38:42
Speaker 1: So how do you go about if any part of
38:46
Speaker 1: her is found connecting that back to Susanne Sipson?
38:51
Speaker 7: So well, what you would have to do is whatever
38:54
Speaker 7: you receive, you would get tissue, bone, marrow, whatever you
38:58
Speaker 7: can pull off of it, and then submit that for DNA.
39:00
Speaker 7: If it would happened to be a finger, you could
39:03
Speaker 7: actually get fingerprints from it if it's still intact enough,
39:06
Speaker 7: and you could do it that way. But in this
39:09
Speaker 7: type of case, with the parts being found over time,
39:12
Speaker 7: that each part that is found is going to have
39:15
Speaker 7: to have DNA testing done on it to make sure
39:17
Speaker 7: it's from her. But once you do find a part,
39:20
Speaker 7: especially if it's like a large portion, like a thigh
39:23
Speaker 7: or something like that, you know she's been murdered. You
39:26
Speaker 7: know she's been cut up.
39:27
Speaker 1: Joining me is renowned psychologist Karen Start joining us from Manhattan. Karen,
39:33
Speaker 1: the loss of your mother is overwhelming, I've been told,
39:40
Speaker 1: But then the additional shock that she's been murdered, then
39:46
Speaker 1: the additional shock that she has been dismembered. Now, if
39:51
Speaker 1: the children don't accept that. They are left with the
39:55
Speaker 1: specter of my mom's not dead, she just abandoned me.
40:01
Speaker 2: So what are your thoughts?
40:03
Speaker 10: Well, no matter which way this turns out, Nancy's children
40:07
Speaker 10: don't have a mother anymore. So there is so much
40:10
Speaker 10: they've been exposed to. They're going to need a tremendous
40:13
Speaker 10: amount of help.
40:14
Speaker 1: In my hand, the newly released charging documents straight out
40:18
Speaker 1: to my saint Antonio Zachary tail all right, Zachary, tell
40:21
Speaker 1: me in a nutshell about these allegations, and they are
40:25
Speaker 1: only that allegations.
40:27
Speaker 2: He has not been proven guilty. What do you know?
40:29
Speaker 4: So I know he's been charged with the murder of
40:31
Speaker 4: Suzanne Simpson, and I also know he's been charged with
40:34
Speaker 4: two bounts of tempering with evidence. One is linked to
40:38
Speaker 4: the gun that he had his friend had and the
40:40
Speaker 4: reciprocating saw that they alleged that he attempted to conceal
40:44
Speaker 4: from investigators. Then he was also charged with tempering with
40:48
Speaker 4: evidence with the intent to conceal his wife's body, although
40:54
Speaker 4: very little information has been presented on that charge. And
40:59
Speaker 4: then those are the charges he's facing, but they're all
41:03
Speaker 4: being questioned by his defense attorney.
41:05
Speaker 1: In the last hours Brad Simpson in court before Judge
41:09
Speaker 1: Joel Petz with the.
41:10
Speaker 4: Attorneyship be identified in films. He's a stand appreciation. See
41:13
Speaker 4: you can gie more from mister Simpsons.
41:15
Speaker 2: Okay, and Sarah you Brad the challenger of Simpson.
41:18
Speaker 1: That from our friends A KA, B B Zachary Taylor,
41:21
Speaker 1: what happened in court.
41:22
Speaker 4: There is quite a bit that's set to happen in
41:25
Speaker 4: the coming months. He Brad Simpson is said to be
41:28
Speaker 4: before the judge again on December nineteenth. Now that's a
41:32
Speaker 4: motion to amend conditions, but very little has been filed
41:36
Speaker 4: with the court to tell us or offer any kind
41:39
Speaker 4: of insight into what his defense attorney might be looking
41:42
Speaker 4: to do, although in the past he has sought to
41:45
Speaker 4: reduce the bond amount and change the bond conditions to
41:48
Speaker 4: allow him to see his children. And then he'll be
41:51
Speaker 4: back before the judge on February twelve.
41:54
Speaker 1: Well, you're right again. When you don't know a horse,
41:56
Speaker 1: look at his track record. Now, Brad Simpson is that
42:00
Speaker 1: the charges be thrown out.
42:02
Speaker 11: Listen, there's emotion to watch the inditement, which I think
42:07
Speaker 11: will give it a leader date.
42:08
Speaker 1: That's for our friends at kabb to Ben Powers in
42:12
Speaker 1: a nutshell, Ben a nutshell. The state doesn't give a
42:17
Speaker 1: killer a gold star or an A plus plus because
42:21
Speaker 1: they get rid of the body that's not happening. The
42:24
Speaker 1: state doesn't have to lay out in the indictment how
42:28
Speaker 1: the victim was killed.
42:29
Speaker 2: If they can prove it.
42:30
Speaker 1: Sure put it in there, for instance, by manual strangulation,
42:33
Speaker 1: by shooting with the weapon, by stabbing, But it doesn't matter.
42:37
Speaker 2: The state doesn't have to prove how she was killed.
42:39
Speaker 2: They just have to.
42:40
Speaker 1: Convince a jury that she has been killed and that
42:43
Speaker 1: he did it in this jurisdiction.
42:45
Speaker 5: Well, I disagree with that. They have to lay out
42:48
Speaker 5: what their theory of the killing is. You know, there's
42:50
Speaker 5: a big difference between a voluntary manslaughter, which is accidental killing,
42:54
Speaker 5: and a first degree murder, which is premeditated killing. It
42:58
Speaker 5: sounds like his defense attorneys are saying, you're saying he
43:01
Speaker 5: killed her, but you're not telling us how when where
43:04
Speaker 5: any of the important details that go to your theory
43:06
Speaker 5: of premeditation. And so that's what they're attacking with their
43:09
Speaker 5: most recent pilence is the lack of proof that goes
43:12
Speaker 5: towards premeditation, like the state is trying to make it
43:15
Speaker 5: out to be.
43:15
Speaker 1: So, Ben Powers, let me understand in your mind, the
43:19
Speaker 1: state has to lay out the exact.
43:21
Speaker 2: Mode of murder. So you've never encountered a case where.
43:27
Speaker 1: There was no body to be found and the mode
43:30
Speaker 1: of murder was unknown. Are you telling me you've never
43:34
Speaker 1: seen a no body case indictment.
43:37
Speaker 5: What I'm saying is this most recent motion sounds like
43:40
Speaker 5: what I would call a deal in particulars. It's basically
43:43
Speaker 5: the defense throw down the gauntlet and saying, okay, state,
43:46
Speaker 5: you say my client premeditated killed this person.
43:48
Speaker 1: I know what they filed, Ben, I know what the
43:51
Speaker 1: defense filed. We just had reporters say that. But then
43:54
Speaker 1: you said the indictment must show mode of murder.
43:58
Speaker 5: When I say mode, I mean in this case, they're
44:00
Speaker 5: saying it's premeditated, and then must include a factual allegation
44:06
Speaker 5: that supports premeditation being charged.
44:08
Speaker 2: For all of you.
44:09
Speaker 1: Would be wife killers out there, an indictment does not
44:13
Speaker 1: have to show how you killed your partner. Okay, you
44:18
Speaker 1: getting rid of the body is not going to help you.
44:22
Speaker 1: And in Diamond only has to allege that you committed
44:24
Speaker 1: premeditated murder. The jurisdiction and the name of the victim.
44:30
Speaker 2: That's it.
44:32
Speaker 1: The rest can be proven at trial. The state is
44:35
Speaker 1: still building its case. If you know or think you
44:39
Speaker 1: know anything about the disappearance of Texas's mom, Suzanne Simpson
44:45
Speaker 1: or the movements of her husband, Brad Simpson, who is
44:49
Speaker 1: presumed innocent, please dial two one zero two zero nine
44:55
Speaker 1: two seven zero one two one zero two zero nine two.
45:00
Speaker 2: Seven zero one.
45:01
Speaker 1: Let's remember now an American hero David Ennsbrenner, Aitchison, p D. Kansas,
45:08
Speaker 1: shot and killed in the line of duty. Served twenty
45:12
Speaker 1: four years in law enforcement. Survived by wife now widow, Carrie,
45:17
Speaker 1: and children without a father, Avery, Abby and Celia. American
45:22
Speaker 1: hero Sergeant David Endsbrenner. Nancy Gray signing off goodbye friend.