« Cold

Ep. 17: Cold Case

2019-03-06

West Valley City police made one final push before declaring the Susan Powell case cold in 2013, interrogating Josh Powell's uncle Maurice Leach in Oregon. Meanwhile, Susan's family fought for change, both in the courts and at the Washington statehouse. Josh's mom, Terri Powell, went to court in Utah to argue for her share of the life insurance money. Twice-convicted sex offender Steve Powell died alone from heart failure.

For the past three years, investigative reporter Dave Cawley has been studying thousands of police documents, journals, videos and diary entries. He has tracked down new sources, followed new leads and traced Josh Powell's trail from West Valley City, Utah, through Idaho, Oregon, Nevada and on to Washington State, where Powell killed himself and his two sons. Cold is the most complete retelling of the Susan Powell story ever. Join Dave Cawley in his search for truth. Share your thoughts: #ColdPodcast #FindSusan Twitter Instagram Facebook

Cold season 2 will be exclusive to Amazon Music, so prepare by downloading the free Amazon Music app and following Cold there. You can also ask Alexa to play the Cold podcast on your Echo device.

This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
This podcast discusses domestic violence, criminal behavior murder and adult themes, while not explicit listener. Discretion is advised Journal of Steve Powell, one thousand two hundred and thirty five, a dot m December, eighth, two thousand and nine fourteen hours. Following the first report of Susan Powell's disappearance, I am feeling sick because it is possible that Susan is dead. Monday morning, Jenny called from Josh's and Susan's house to tell us that the daycare lady had called her when they did not show up with the kids the police, came to their house, and this information made us extremely fearful that they might be inside Dixie, aided from carbon monoxide or dead from some other cause,
It was a relief when the police reported that they were not in the house in their van was not in the garage. However, that a war on slowly with no word and with all just wondering if they were abducted or went on an outing and were killed or trapped in a car accident. The evening I went to the gym and while they are received a call that Josh had shown up with the boys, but not with Susan, when I finally able to speak to him at about eight thirty. He said he saw her early Monday morning at just after midnight. He was late for an outing with the boys in the very conversations I had with him Monday evening between that time and nearly midnight. He said that he had. A generator heater of some kind. So he could go on winter outings. He told Susan who he said was in bed asleep, that they were leaving he says she said whatever
as he thought yesterday was Sunday. Hence he did not call work, and when he realized his error. He was out of cellphone range. It makes sense to me since, when I spoke to him Sunday at midday, he said Susan Boys had gone to a state conference that morning He also mentioned that she was tired and took a nap daddy She was already gone. He told the boy she was just napping, none of it, none of us were able to reach him on a cellphone all day and he attributes that to being in the basque country. Since, one was with him, he says he was using it to look up a number and forgetfulness put it in his pocket and forgot to take it out. So it was with him all day until he showed up we showed up at around six p m worry was so implausible and our conversation with Josh so unconvincing, but I fear the worst I thinks is in his dead Josh when the twenty, our Laguna disposing of her body, far away
two weeks, Josh bought an oxy acetylene welder and a rug doktor carpet, cleaning I have no clue why you might wanna welder. Now. I wonder it was required for the process you don't lighting disintegrating by. Maybe you We did not do anything to her and she will show Belied, maybe is why he's not concerned This is called. Seventeen called case- I'm Dave, Kali right back after this the park network is re, releasing forty five classic episodes from their critically acclaim series Remit. Double lives, tragic death as part of a new limited series, famous fates, famous fates will be
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two days after Josh Powell murdered his sons, Charlie and Britain. His aunt and Uncle Maurice and Patty Leech issued a written statement It said: Josh represented himself with great restraint during the child custody proceedings. It said the murder Suicide was a result of questionable practices from government agencies, religious bias, internet Kangaroo courts and the news me It said all the above had circumvented the Powell families due process rights, and that was a national tragedy. Patty reach was Steve Powell sister. If there's anybody alive, that has knowledge of what happened to Susan POW. Her fan We believe it Stephen PAL and he may perhaps be the vessel any in the investigation, despite the fact he's not talking not with police anyway, while in prison, Steve exchanged. Letters with his niece Nicky
in at the end of July, two thousand twelve Nicky sent him a copy of it. In an article about James HOMES, the awry Colorado Movie Theater Mass shooter. I mentioned a couple: episodes back that West Valley, police, Detective Darrell, Dane had adopted the phoney persona of shame. From the Department of Defense during a meeting with Steve. Around that same time, it turns out Seamus planted a seed after Michael committed suicide. In February of two thousand thirteen Steve became convinced this shadow, we figure Seamus, was responsible for both the Aurora Shooting and Michael suicide. He supposed the army using Seamus, had delivered cyclotron drugs to both homes and Michael
or maybe it was a chemical weapon procured from the army's desert Chemical depot. In of course, Utah Steve also wondered if Seamus had engineer December, two thousand twelve mass shooting at Sandy Hook Elementary School in new town Connecticut. They were all connected in Steve's, mind part of a single sprawling conspiracy, just days before Michael Powell, suicide, Washington State Senator PAM Roach introduced, send a bill. Fifty one sixty two, we do have a judge that did have material from West valid police and chose to ignore that we have a job.
Two did order a cycle. Sexual evaluation chose to make decisions without the results of that order. Sb fifty one sixty two was not a very catchy name: supporters called it Charlie in Britain's La Steve Powell, called it the Cox Roach bill. We had a fast track for reunification, DS. Hs though they recommended to the judge. The judge Powell not have the kid. Were nonetheless on a fast track. We inefficacious that's what today's a week for two hours and a visit is shocking. Judy Cox travelled to Libya to speak in support of goodwill, this law, a surviving spouse, is essentially able to achieve custody by murder or, as in this case, causing the disappearance of trawling brains. Mother then refusing to cooperate with. Please put simply the bill was and to prohibit parents suspected of murder from having access to their kids until the murder case was resolved.
It would have cemented in law. In many of the suggestions made by the DS, Hs Review Board after Josh killed, Charlie and Braden death. Jes and others like West Valley, police, Pierce, county, please, Not take it seriously, and so because of that we felt this was a big problem and why it was in our opinion treated lightly, but the boys, would be ok. Writ Bartholomew from the Washington State BAR Association said, the bill was problematic. For example, some investigations will take years Ultimately, a person can be exonerated, or at least the investigation? Doesn't doesn't prove anything. The bill underwent some changes to address those concerns, and on March 12th, two thousand and thirteen, the Washington state Senate voted forty eight to one in favor, sending the bill to the house where it stalled indefinite
Charlie and broadens law never actually became law. That is at least not in Washington first substitute set a bill, one. Seventy three: having received seventy two, yes votes, you are no votes passes. The house will be signed by the speed, and returned to the Senate. For the signature of the president, the following year in two thousand fourteen, the Utah legislature passed a similar the bill has been changed dramatically in order to thread the needle between pretend dean, parental rights and also protecting the rights of children in these very unusual and unique situations and infrequent situations must be one. Seventy three changed you tall law in power
the courts and child welfare workers to keep minor children away from a parent suspected of murder Journal of Steve Powell, five hundred and thirty five, a dot m December, eighth, two thousand and nine teen hours following the first report of Susan Paddles disappearance, Sunday night, it snowed all night, so Josh, headed out after midnight, the camp with the boys. It was snow, like gangbusters by the time he got out away. So, according to his story, he decided was too the return, and so he kept going. Why The whole thing sounds so wrong. Even if it had nothing to do with disposing of Susan's body. Why? anybody do, that Furthermore, why would anybody believed that someone would go out in that? Whether just for now?
Michael and a wino are very supportive of Josh and advised him to tight, This story, as it sounds, weaken unconvincing Josh responded the police may already have tapped his phone, which the same as saying be careful. What you say Michael commented, that He blamed his mother. For this he said she is the reason I will probably never get married So I guess Michael like me, his work to distrust the marriage principle John seems to be a massage nest Josh has suffered through a mutually hateful marriage relationship. Since April two thousand and one Josh's and Susan's mutual disdain was evident from nearly the beginning of their relationship. I am so tired, but can't seem to sleep
I emailed in my request for sick leave. A few minutes ago, West Valley, city police were fast approaching the end of the road in early two thousand thirteen leads in the search for Susan were dwindling, yet pub focus on the case remained high yeah, there's a lot of people in that country in the world at wanted answers, from the media, all the way down to the Cox family, because believe it or not. They didn't know whole lot more than anybody else as Lead detective Ellis Maxwell served as keeper of the case files, he'd, organised reports, warrant, affidavits interview transcripts and everything else from work, in three years over the course investigation, I had managed the digital case file, so it I'd I'd kinda prepared it. As
as we were moving through, so that when we went into a trials all done- and I could just handed over to the attorneys with no chance of a criminal prosecution, West Valley face to question what to do with all those document, I don't think the department just stand back and go now they're gonna have to release some information. There's a lot of a the city had received a large number of requests for copies of case files under Grandma Utah's, open records law decided to sit down and and go in file and reacted in and then I came down to a kid is that all or lead to grammar requests come in and the decision made was made to just make a public release of it with the job of rejecting all those documents. Blacking out sensitive information like medical or financial data names of potential witnesses police operate,
no plans to a lot of time. We say days in a big conference room and there was like eight or ten of us and they weren't just to take those are his lot of attorneys in there and it was basically myself. Maybe a couple of detectives arrest was legal going through and redacting, all that information in two thousand daunting task, to say the least. I mean there's thousands and thousands of documents and reports and yeah before they could give any of those documents out. Police also had to ask a judge to rescind the secrecy. That has surrounded the case since its inception. Joel happened is because the case essentially came to an end like theirs.
There's nobody that can be held accountable. This cases never gonna go into the justice system, So now we have reached a point that we can't There's no reason to retain and information and keep a close before taking that step. Lest Valley police wanted to finish one more search this time in Scots Mills, Oregon police say they remain committed to the case and finding closure for Susan's family. We can forget the Cox family. The effect this has had on them detectives had come across. Information about a piece of property Scots meals were Josh's aunt and Uncle Patty and Murray Leech had previously lived. They had rented a house on one hundred, seventy six heavily. What acres in the rural area, northeast of Salem them from it we received is that it was possible that. No because Josh travelled several hundred miles- and
He was to relocate. This body is poor, above all that he could have made it. This area and disposed were buried her body there. The mileage meant Josh could not have made it to Scots Mills in the rental car alone. In order for this theory to work, he'd have needed and assist from. Michael or Steve there's a little bit of time like day, maybe that we can really count for Steve not a whole day, but am twelve hours, six hours, like that kind of fell in line with this whole piece of property issues related to Steve's, family Josh and Susan had also visited the property once together after Susan, disappeared and Josh
moved to Washington. Morrison Patty had invited Josh to come visit again in order to get away from the media, but Josh never took them up on the offer. West Valley police obtained a federal search warrant. They breathed the Marian County Sheriff's office and on May Fourteenth two thousand thirteen arrived in Scots Mills with a team of cadaver dogs doors. Lot of digging and a lot of searching of this ground. The dogs indicated the possible presence of decomposition at one location. Police spent an entire day, their raking. Probing the ground running the dogs over and over it. Ultimately, they didn't find anything, no body, no evidence. Today ways conceded they're coming to the end of their list of wheat, and they even acknowledge the possibility. The Susan pal case could even become a cold cakes. Obviously Susan still missing. So there are pieces that we don't have
formation. We don't have. Police did not publicly reveal at the time that, while those dogs were searching in Scots Mills, a detective and FBI agent were in nearby Silverton grid. Josh his uncle Maurice Leech Marie's had agreed to take a lie: detector test, an FBI, polygraph came down from Portland during the interview police record, say Maurice told the agent he believed Charlie worse still alive Stephen told Maurice the pictures the FBI had showed him following the fire were unrecognisable and possibly staged detective Alva Davis told Maurice. That was not the case. He had personally seen them
bodies over the course of their hours. Long conversation Morris's perspective, changed police record, say he expressed anger at Josh, Michael saying they had lied to him. He wanted to have words with Steve, because David told him the police had made up the stuff about finding pictures of young naked neighbour girls in his house. I have made several attempts to contact Maurice, but he is never responded to my messages. Cops arrived here on Tuesday, they come egg thereafter agar, but ultimately called the search when cadaver dogs didn't turn up. Late We have not rest if we have not had a break. We have been diligent and meticulously investigating this entire case. West Valley police returned home from organ on. May sixteen, two thousand thirteen empty handed. You know this point in a lot of us suggests tyre
Now it's been long investigation and when I say tired, like were not physically tire brewers mentally, like you only. I mean I don't know how many times and individual can come across potential. King Lead and a case and be shut down nope the scene. It needs go, find something else and so I think we all hope, for I was hopeful, but again it the end of the day, this tons of resources and no results. But here we are able to say that she wasn't there detectives were not alone and feeling that sense of exhaustion. Chuck Cox was not ready to stop searching.
He wondered if Susan's body might have ended up much closer to home, Steve Palace home earlier this year of Washington Judge awarded palace victims to young girls. One point: eight million dollars Powell has now claiming he's just recently learned about the damages and is in no position to pay out, but Steve did have assets, including the south he'll house, from which he had once filmed those under age neighbour, girls, the family of the two little girl that Stephen POW was convicted of photographing. Now, oh, not how they were wanted, that property in a court ordered settlement Chuck working with his attorney and a private investigator brought cadaver dogs to the house. They probed the yard on the suspicion, the Josh or Steve might have buried Susan they're, just as with the police and org.
Chuck hawks did not find anything journal of Steve Powell, six hundred and thirty a dot m December, eighth, two thousand and nine twenty hours following the first report of Susan Powell's disappearance where, if she were alive I would have heard from her this morning. It will begin sinking into her coworkers that she is not coming back will Josh drop the boys off at the day care when it goes to his nine o clock appointment with the police will Josh Be walking free after the nine o clock appointment, or will they lock him up through the night? I tried it good things. Josh said last night. That might suggest that he truly not have a clue where Susan is. Maybe story came out sounding cockeyed because he was so tired, Michael suggested to
lean on me that if he has killed Susan, it was probably not premeditated since the story is so poorly planned. If the worst happened, that is, he killed her did he bury her body? Will it ever be found frequently the police break down perpetrators during into nation, and they end up leading them to wear the body is buried. Although her parents mean nothing to me, I feel deeply for them. Whatever the outcome, I cannot imagine there will be a good outcome. Four days after the end of the search in Scots Mills, Oregon, West Valley, city leaders called a press conference. After three plus long years of the investigation into the despair, it's a Susan pow. We are announced, the end of the active phase of the search for Susan. The case had gone
cold. Today Susan is still missing. We, now, I know where she is or what happened to her. That's it. Day, the city attorney and detective Darrell Dane a k, a Seamus, went to court and asked a judge to lift the secrecy order. I had to sit down myself in my supervisors. We had to sit down with the Cox family and share everything with them. First and Oh, we met with them in and we shared with them everything that we can share with them and I believe we gave their attorney a copy of that release. On a usb drive. Next reporters received their copies of the rejected case file on thirty two gigabyte flash drives tens thousands of pages and, as you go through those who will be easy to Monday morning, quarterback perhaps, but I think
the day, you'll see a police force that was completely dedicated from the beginning, completely professional from the beginning and everything they could do to find Susan and bring her home technically. The power case remained open. There were still loose ends, including the ongoing efforts to crack the encryption on one of Josh's hard drives. Sir. Oh, that version of the case file released to the media was a snapshot in time going forward Ellis continued to care for the case file. From that point, I ended up. Live in the major crimes unit, and went to managing do sex for compliance programme, and then I developed a college internship programme and I ran both of those and took care. The pall, Kazan everyone's loud handles other investigative cases as it came along, but yeah. I did that from thirteen
up until December fifteen. Tired. I had my twenty years in done without out public release of the adapted case file was a huge win for Susan's family. They seized on the documents Within days they began handing out flyers along eighty four from Pendleton Organ too mountain outta. This search for missing Utah mom Susan Powell has led shocks to a small tree. Mountain florists she's first time in Utah in more than six months, his hope of finding her was renewed West Valley, police disclosed all their investigation, materials, hoping we get some more kept from new tips and we did as a result of the castle coverage of that, but the rejected case file didn't paint the whole
it important details about Josh, Michael's relationship and movements in the days after Susan's disappearance were not included with society. It had come down and put out these flyers and get some Action to the people who live along the corridor. The public learned of Michael dumping, his board tourists, but not the fine detail of his apparent later paranoia we're over it not having been destroyed. People seized on, reports of Josh having had an affair not realising those tips had been discredited. The rejected case file held many rabbit holes announcing an average person could sit down This is really rap their mind around it. Because there's is there's way too much information way too many details or is hundred different.
Actions at this case could have gone journal of Steve Powell. Eight a m December eight teeth, nine twenty two hours following the first report of Susan pals disappearance, I am so tired but unable to sleep. I've been lying you're thinking about my grandsons Charlie in Britain. Could I do something like this to their mother. Last night, Josh went to the recycler to find a stout piece of cardboard to cover the broken window he said there was a picture of a woman on the carton as it likes the living room or Braden laid down on it and said mommy. That was painful to hear. I told Michael and that, no matter what Susan's problems were, she did not deserve the death penalty, Neither one has any sympathy for her.
Billina is aware- and I think Michael too, that I was in love with Susan yet need There seems to be sensitive to any feelings I may have in the matter of her possible demise. They are so anxious to show solidarity with Josh is also troubling and need to be of the same attitude for the sake of the boys as well as Josh who, after all, I the way his mother and her family treated him, while growing up is no excuse for anything he may have done in this matter, but I am not the court or a jury. Father, Steve Powell pleaded his sentence on the voyage resume charges and left prison on March, twenty third, two thousand fourteen and I knew it was common and it was gonna, be today in and and
it had to come, and so I am not particularly pleased about it, but it had to Camp Jennifer groups had no intention of reconciling with her father, who was then a registered, so of Indoor. How will be on probation for thirty months required to wear a gps locator and attend a sex offender treatment programme? The corrections facility says he plans to live into coma. That plan soon fell apart in July, the Washington Court of Appeals reinstated the child pornography count. The Judge Ronald Coal, pepper, had tossed out at the beginning of Steve's, two thousand twelve trial Steve appealed to the Washington State Supreme Court, but the high court declined to take the case. So on October, twenty seventh, two thousand fourteen Pierce County prosecutors obtained, new arrest warrant for Steve Powell, Steve and his soul, surviving Son John
were at the time living together at a halfway house into Comas hilltop area, Pierce, county sheriffs, detective sergeant, Gary Sanders went and knocked on the or he was surprised you try, shut the door on but or shut the door. South John opened the door I says. You're not here seem. Like all know, you guys know the warrant size put em anchors again and take him back to jail, will mark Gary slapped a pair of pink handcuffs on Steve's wrists likes you times of used teeth, handcuffs. You use those s. Said certain detective from must allocate Steve's prison letters had revealed. He believed police couldn't arrest him again on the child pornography charge, he figured that would amount to double jeopardy. That's nice exactly how double jeopardy works. Steve's second trial did go any better for him, then the first on July, fifteenth, two thousand fifteen,
a jury found him guilty. The judge sentenced him too five additional years in prison in August, two thousand fifteen Steve appealed that conviction. Washington's court of appeals heard arguments then rejected the appeal. Stephen two thousand seventeen asked the Washington Supreme Court to review his case again. The court Blind Steve was stuck about him, Before Michael jumped from the parking garage in Minneapolis, Chuck Coxe had gone to court in Utah and asked to be named conservator of his daughters estate,
Susan in the eyes of the law was still alive and would be until five years after the date of her disappearance. Chucks move put him in a position to exercise authority over Josh and Susan's trust and, by extension, her share of the life insurance money. After Michael suicide Chuck amended the trust making himself soul trusty. He throws out Josh's mom Teresa and sister Alina Steve had voluntarily surrendered any claim to the money that might see, noble, gesture, but remember Steve his voyeurism victims restitution. It was in his best interest to be penniless. A year later, in May of two thousand fourteen, the federal court into Common decided the Inter pleader lawsuit over the life insurance money. It split the proceeds.
Like this two and a half million dollars to Susan's estate. Three, borders of a million dollars to Michael's estate about one to one thousand dollars to Alina and sixteen thousand dollars to John Attorney in Bremen are considered it a victory for the Cox family and we want the insurance battle, but hang on a second that October Josh's mom Terry sued truck in her complaint. She said: chucks change to the tree, had been illegal. She wanted an injunction to keep him from spending any of the money Harry argued. She was entitled to half of the proceeds through the trust and amount totalling one point: one million dollars Terry and Chuck ended up settling out of court in two thousand fifteen terms of the arrangement were not disclosed when Michael killed herself at that case over her right. Where died.
But we weren't here came the rest of the house. That's an understandable perspective, given what I have just described. But let's talk about Terry for a minute. You haven't really heard Terry pals voice in this pod. Cast aside from that first night on one call. She made the day of Susan's disappearance, there's a reason for that. Terry has shunned. The media she's repeatedly expressed a desire to have no contact when I have reached out to her, but Terry did speak with police during the investigation and what she said can provide some insight on her mindset. I slept so much without. I can't even remember fact. I'm surprised I can even talk about, usually I'm just going back to February two thousand and ten Jennifer suggest. Confronted Josh, while wearing a wire Steve, was formulating his
about Susan running off to Brazil and Terry sat down to speak with Alice Maxwell. I citizen I wanted now we were. I don't know what we're going to have to go through from here to their family. Will Terry shared many of the troubling events from her divorce? She described how Steve had manipulated the
exposing them to pornography and turning them against her. She said she had felt concern at one point that Steve had inappropriate interest in the children, though she never saw him act on it. Terry didn't seem to remember Josh, having threatened her with a knife when he was a teenager acclaim documented in her divorce records seen every com. I can imagine the significant something you should hear Alice observed. There were similarities between how Steve Untreated Terry and how Josh retreated Susan, Terry, couldn't see it ass. He does I do see him as things down, and he also happen
Uncertainty disregard for a train on the other As is usual, Terry would give her son the benefit of the doubt that he has. They want there. But I didn't get any sense when I've been around them and they're willing to do that, they're willing to help him, which I'm glad for because I felt like you needed help. As he could tried to warn Terry that the person responsible for Susan's disappearance would be held accountable, so, is the
But as we now know, no one ever has. Journal of Steve Powell, eight hundred and forty five, a dot m December eighth, two thousand and nine twenty three hours following the first report of Susan Powell, disappearance and went into arenas room a few minutes ago to find out. If she has heard anything. I was crying. Lee dimension. She has mixed feelings about being perfectly straightforward, if called on, to testify about their relationship. She did not think Susan was quite the Josh made out to be an thinks. Josh may have helped Turner into a bit. I can
disagree with that and I am with lean on. However, I said we should support him in any way we can partly for the sake of the boys. I doubt Susan is alive and I doubt John His hands are clean if he murdered her. I wish he had not but she did treat him in a normal schizophrenia way in person can only take so much Chuck and Judy Coxe had first filed their wrongful death lawsuit against Washington State in the peers county superior court, held their wrongful death, lawsuit against Washington State in the peers county superior court late November, two thousand fourteen it jumped to the U S District court in Tacoma this accused Washington's Department of Social and health services. Ds Hs, as well as the social workers who had
and old Charley. In Britain's case of failing to protect the boys, ignoring the thread Josh presented, we wine, they dare say chess to switch gear- is which is its the best interests of the child. That's what they should be, looking not re inefficacious, any costs, but turning an bremmer and the rest of the team took that argument to the judge. What we were saying is based on the fact that I think everybody knows as if there were red flags about Josh, the biggest one being the disappearance of his wife and his involvement on October, seventh, two thousand fifteen, the federal district court ruled against the Cox's in his decision Judge Ronald Waitin Road, the court could not exercise the luxury of hindsight in judging the social workers for failing to prevent the murder. Layton, said federal law provided the social workers.
The state court of the goings on, so it also could not be blamed according to the order. Pierce candy superior court Judge Catherine Nelson's decision to allow visitation Josh Palace House was the closest thing to a cause for the murder. In a footnote. Judge Layton also mentioned the failed effort to pass Charlie and Braden LAW in Washington. He called it bad public policy in general, even though he conceded it would have benefited everyone. In the power case on this, the judge and an Brenner disagreed that should be lying ever say: nations pay, simple, pray, simple right. Two months later, the Cox has appealed the ruling to the ninth. U S Circuit court of appeals. It took
Peeled the ruling to the ninety: U S certain court of appeals. It took two years before the appeals court heard oral arguments on the case. The cps workers failed even review the divorce file. Had they re viewed it is there something they would have found there that you think would have changed. This outcome Yes, your honor, I believe that they would have. They would have found that he had threatened EL. As mother with a knife when I was younger than he had killed animals before classic signs of people who can now people who can do very violent things. Attorney TED Buck argued the case on behalf of the Cox's in Seattle on December. Fourth, two thousand seventeen, almost eight years to the day after Susan's disappearance, the court assumed without evidence record, the judge Nelson had as much information as the law, horsemen officers will warning the social work that they had concerns about the safety. The boys that judge and have as much information as the Cox's who
known Josh PAL four years as his own sister, who obviously had known him for many many years. The court assumed that the judge, no, HU. The visitations were regularly occurring at the powerhouse, when the record does not support that persistent Washington attorney General Peter Hamburger argued the hunches and beliefs of Susan, friends and family members were not grounds for concern over and above what the family court already knew, he noted, Charlie and Britain had not been afraid of their father. In fact, they dashed to him at every visit there wasn't conserve based on him, the environment towards us. Children unsupervised had to be a finding, and there was the boxes check that the children were at risk of danger, and that's. That was the though, that the justification for requiring supervises attention with the natural father right. But it wasn't, it wasn't, based on any reports. Relocations of of abuse, of fiscal of use, directed towards managed towards children check left the court room that day feeling confident to me
was like why she really now ninety circuit were very impressive in their ability to get past the bull and down to the truth, so Chuck waited for good news. None came time went by and he was reduced to waiting for any news. On January tenth, two thousand nineteen right in the middle of this podcast, the appeals court released its decision. The opinion from the appeals court upheld the immunity for the social workers, meaning they could not be sued as individuals, but appeals court reversed the district court decision regarding DS, Hs, sending the Cox families negligence claim against the state of Washington back down for trial. A jury needs to be able to determine whether in the face of all of those risks, the state was deliberately Indifferent, can not moving visitation back to a secure facility
you're, not assuring that you had a supervisor there who could intervene. These are jury issues, as I record this. That trial is still to come in Bremen or said she still hopes. A jury will find in their favour. Forcing a change and priorities and place the safety of children above the parental rights of suspected murderers, and is going to mean a lot to me and to the Caucasus. If we get that it only in Africa, of course, one could also argue Washington might not have needed to protect Charlie and Braden from Josh if police in Mute had arrested him in the first place in the years since the murder suicide, many people have accused the West Valley City Police Department of Boxing the case, so I asked Alice
swell point blank if he agreed now. Absolutely I would invite the case. This comes from ignorance, my opinion, but I respect it, I understand where they come up with that. Not knowing everything that I know you know and the rest of the investigative team. It's easy for people to Monday morning quarterback the case supervisors Oh, I don't get offended when I hear it and I think is unwise cause I understand where they're coming from. But why didn't? I was just a rest: Josh Organ there, but Josh bidders to the punch. Unfortunately Ellis told me: he had hoped to screen the case against Josh for formal charges, body or no body in the spring of two thousand twelve, which raises
In interesting point, the case had never been screened, and the tragedy is that we were moving force that process now. We ve all got to control human Behavior SALT Lake County District Attorney Sin Gill came into office in two thousand eleven midway through the power Bessie. He learned that while members of his staff had worked with police on search warrants and subpoenas detectives and prosecutor had not met to review the evidence in a holistic way. I wanted to make sure that everybody who was part of the investigation got to give their input, as well as a collaborative collective of legal minds who said. Ok, what is the flexibility of the? range of our options that we have Deputy De Blake. Now camera told me, prosecutors were willing to go forward with no body case, but it depended on police chasing down every possible way the unique challenge in those kinds of cases is. It creates
majority for all these alternative explanations that are contrary to what the allegation of a homicide would be. They want they met somebody else they had dad, and so they are trying to leave the dad remember we have to be one person saying I have some reasonable doubt. As we have seen the Powell family worked hard to create those alternative explanations. Susan ran off to Brazil with Stephen Poacher Susan was sexually motivated. Susan was Recital Susan had abused her boys and when you're, how to defeat by circumstantial evidence, that the personnel we has gone, like no contact with family, no activity in financial records that tends to create a common
picture. But when you deal with reasonable doubt, sometimes that's not gonna. It might seem likely to the majority of people that George Powell killed his wife, but prosecutors needed evidence to prove that it's not just the court of public opinion that gives you a successful prosecution is the evidence, that's necessary under our rule of law, with the burden of proof that we have when you don't have that physical body when that forensic pieces missing? There is a whole host of logical possibilities and if I have more than one logical possibility in any realistic sense, I have reasonable doubt not arresting Josh at the outset had been a tactical decision even now seem does not second guess it. This not television, this isn't csi. This is
cut a ways where you browbeat somebody, and they confess this is real life and, of course, there would have been no point in arresting Josh from the beginning. If prosecutors were not at that point, prepared dared to file charges when decisions are made to file or not far. Those are not light decisions there or not. Why decisions, because it is a city wasting where we file and were not successful in that we can't go back and said jeez. Can you give us a shot if they had charged Josh with murder, jury, acquitted him. It wouldn't have mattered. If someone later discovered, Susan's body, double jeopardy would have prohibited them from charging him again in the wake of the power case, Sim instituted changes
in the district attorney's office. They mandated in person screenings of homicide cases before a team of prosecutors, ensuring a diversity of viewpoints and rigorous debate over the strength of the evidence. It's tough to say if that process could have changed. The outcome in the power case were it in place from the beginning, but seem like Ellis does not believe police botched the investigation, absolutely not absolutely not. If anything, what I want to communicate from what we learned and what we observed, and while we and our active with that commitment to finding the fruit, they never wavered from that on June. Sixth, two thousand seventeen, I mailed a letter to Steve Powell in it. I describe.
To my work on this podcast and expressed my interest in speaking with him in particular, I hoped Stephen, I could disk his planned autobiography, which he had outlined and given the tentative title somewhere on the moon, Steve didn't respond to my letter. A few weeks later, Steve left prison again after serving just a fraction of his five year sentence. He had received time off for good behavior. I actually said doubt his address during a visit to Tacoma that October, but I never saw him less fire. My dad's been pretty close mouthed about everything in relation to this case, and I dont think. However, change that- maybe I don't know I mean miracles happen, but I dont see it happening at this point. I do believe that he knows about staff that Josh, probably told him stuff
maybe he wasn't privy to it as as he was planning or or execute. His plan, but I think that in at the end, he was told, I think he knows. Will he ever tell. I doubt it piercing. Sheriff Detective sergeant Gary Sanders kept Tabs on Steve after he left prison. At that point, Gary was running the counties, sex offender monitoring programme and they had notified us that he was up and King County, which fed up through us off because of health issues. Steve's health had taken I was dive in the summer of two thousand eighteen, Gary learned Steve had been admitted to Saint Joseph Medical Center into Coma. Gary called the hospital in the hopes. Steve might make a dying declaration, but the hospital told
Steve was getting better. They mention that he was on progression of getting towards outpatient, released and stuff side cannon, thou still monetarism, but I was not is concerned for the nice declaration, then just before five a m on July. Twenty second, two thousand eighteen Steve Powell died at the hospital from severe cardio. My apathy, heartfelt no one bothered to inform Gary called down there and see how is doing work as he has done. The hospital Initially one tell me a thing does because rules and staff- and then I explain because of the monitoring and the main informed me that he had passed away word of Steve Paulos death started to spread. I learned of an early the morning of July twenty. Fourth, I immediately sent a text message to Alice Manner,
what I learned of from you from Steve's passing, I fired off attacks to a couple of other guy, In row, close with the where a great asset to investigation- and here we have Chuckles in was in a lot of love. Sir, so I mean we still talk about Steve Chantrey in his music and workshops. We laugh about it. That's how you get through things. Chuck Cox react differently to Steve's death, lsd past. I got thinking what a waste of life it he's a ruinous, Eliza, his children, his family. He took my daughter and their grandchildren tore part his own family and now he's gone swell. Ass, Steve's death certificate showed he was cremated on August sixth of two thousand
team. It listed his youngest daughter Alina as his next of kin. Many news stories at the time suggested Stephen died, knowing important information about the whereabouts of Susan's body, but Gary like Alice, wasn't so sure. Did you or much hope that myself one chance in your mind, I think slim chance in Hell. I don't think he would have told us- and I am to be honest. I don't know if he did know Journal of Steve Powell, one thousand and thirty p dot m December, eighth, two thousand and nine thirty six hours, Following the first report of Susan pals disappearance, I feel like Josh, a truly stupid thing and probably disposed of body in a very grotesque way. I think you We went to some former industrial land just west,
less valley, city and cremated her. I don't see how he could live with an image like that in his mind, I want Josh to be with his boys, but I am also angry with him. For murdering such a beautiful woman, and he could do such a thing once suggested. He could do it again. If things go too badly, he could murdered the boys and hang him off to avoid going to prison and leaving them with the Mormon families. That would no doubt take custody of them. Josh his wife would Susan was utterly miserable, as was hers with him why she stayed with him. I do not know. Evidently this Our is my answer for wide Josh hung on. He wanted to do at his way and avoid a messy and costly divorce. I have news, for this will be
very costly process and he may lose anyway, why someone who's otherwise so smart would do. Something so utterly stupid is beyond me. Years ago I made up my mind that Josh was of my kids capable of doing such a thing, but our conversations of late suggested that I have nothing to worry about, although I thought about it with concern at times he seemed resolved, that doing something so callous would be most disruptive to his in his chair, his now. I wish I had talk more about the likelihood that involved in such a crime would be caught. If I had only know if I can only turned back time
on the conclusion of coal sometimes it is impossible, times. The right decision is to get out If you haven't already, please subscribed to cold toss. The rating or a review, you can find cold on Facebook, Instagram and twitter at the cold podcast for video clips pictures from the case and more hit up the cold podcast dot com. Also, if Susan story.
Sounds familiar in your own life. In other words, if you or someone you know is experiencing domestic abuse in any form, please get immediate help in the: U Dot S support as a phone call away at the national domestic violence hotline at one, eight hundred, seven hundred and ninety nine seven thousand two hundred and thirty three or online at WWW Bahat line Org a quick thank you to the team, Kristen Sorensen Eric Openshaw can fall, Daniel Prager Cure Pheromones, Becky, Bruce Josh, Tilton, Adam Mason, Gillian Friedmann and especially Cheryl hoarsely, the music for cold was composed by Michael Bond Miller, except for the guitar stuff. That was me. Cold is a k, a cell podcast. Thank you for listening.
Transcript generated on 2019-12-30.