Judge suppresses statements in missing mom case

MOSCOW, Idaho — A northern Idaho judge has ruled that potentially incriminating statements made to police by a man charged with killing his estranged wife can’t be used at trial.

Second District Judge Michael J. Griffin on Wednesday granted the defense motion made by attorneys for 52-year-old Charles A. Capone.

Rachael Anderson, a 40-year-old mother of four from Clarkston, Wash., was in the process of getting a divorce when she disappeared on April 16, 2010.

Authorities say she was lured to a Moscow, Idaho, auto repair shop owned by Capone, where she was drugged and killed. Her body hasn’t been found.

About three weeks after Anderson’s disappearance, Capone was arrested on a firearms offense and taken to the Moscow Police Department.

Capone’s attorney, Mark Monson, said that after being read his Miranda rights, Capone invoked his right to an attorney. Monson said testimony given by three different law enforcement officers during the preliminary hearing shows that a law enforcement official from Washington state continued questioning Capone.

According to testimony, Asotin County Sheriff’s Capt. Dan Hally asked Capone if he wanted to talk about Anderson, and Capone said he did. Hally then directed Capone to tell him he killed Anderson and say where her body was located.

Hally testified that Capone responded: “You got one of those correct.”

Also Wednesday, Griffin denied a defense motion to have the first-degree murder trial moved out of Latah County. On a third motion, he said he would rule at a later date whether to allow at trial statements made by Capone’s estranged wife about her fears that Capone was stalking her.

The case appeared to languish for some three years until May 2013, when Capone and David C. Stone were charged with first-degree murder, failure to notify a coroner or law enforcement officer about a death, and conspiracy to commit both of those crimes.

Capone has pleaded not guilty. Monson has argued there’s no evidence of Anderson’s death in Idaho, leaving authorities with speculation and conjecture.

In December, Stone pleaded guilty to failure to notify law enforcement about a death.

The plea on the lesser charge is part of a deal that calls for him to testify at Capone’s trial. If a judge accepts the deal, Stone will be sentenced to seven years in jail, and the murder charge against him will be dropped.

Latah County Prosecutor William Thompson Jr. has said detectives interviewed Stone and believe he is not responsible for Anderson’s death but helped cover it up.

Thompson said a search late last year of the Snake River west of Clarkston was related, in part, to what Stone told investigators.

Capone is being held in the Latah County Jail with a trial scheduled to start June 23.

Talk to us

More in Local News

An example of the Malicious Women Co. products (left) vs. the Malicious Mermaid's products (right). (U.S. District Court in Florida)
Judge: Cheeky candle copycat must pay Snohomish company over $800K

The owner of the Malicious Women Co. doesn’t expect to receive any money from the Malicious Mermaid, a Florida-based copycat.

A grave marker for Blaze the horse. (Photo provided)
After Darrington woman’s horse died, she didn’t know what to do

Sidney Montooth boarded her horse Blaze. When he died, she was “a wreck” — and at a loss as to what to do with his remains.

A fatal accident the afternoon of Dec. 18 near Clinton ended with one of the cars involved bursting into flames. The driver of the fully engulfed car was outside of the vehicle by the time first responders arrived at the scene. (Whidbey News-Times/Submitted photo)
Driver sentenced in 2021 crash that killed Everett couple

Danielle Cruz, formerly of Lynnwood, gets 17½ years in prison. She was impaired by drugs when she caused the crash that killed Sharon Gamble and Kenneth Weikle.

A person walks out of the Everett Clinic on Thursday, Sept. 7, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
The Everett Clinic changing name to parent company Optum in 2024

The parent company says the name change will not affect quality of care for patients in Snohomish County.

Tirhas Tesfatsion (GoFundMe) 20210727
Lynnwood settles for $1.7 million after 2021 suicide at city jail

Jail staff reportedly committed 16 safety check violations before they found Tirhas Tesfatsion, 47, unresponsive in her cell.

Clinton man, 61, dies in motorcycle crash Friday

Washington State Patrol lists speed as the cause. No other people or vehicles were involved.

Logo for news use featuring the municipality of Lake Stevens in Snohomish County, Washington. 220118
Separate road rage incident ends with fatal shooting in Lake Stevens

A man, 41, died at the scene in the 15300 block of 84th Street NE. No arrests have been made.

The Drug Enforcement Administration and law enforcement partners advise the public of of colorful fentanyl.  (Photo provided by the Drug Enforcement Administration)
After rainbow fentanyl pills found in Tulalip, police sound alarms

Investigators are concerned the pastel-colored pills may end up in the hands of children.

Nursing Administration Supervisor Susan Williams points at a list of current COVID patients at Providence Regional Medical Center on Friday, Sept. 22, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Dozens of Providence patients in medical limbo for months, even years

About 100 people are stuck in Everett hospital beds without an urgent medical reason. New laws aim for a solution.

Most Read