MOSCOW, Idaho — An Idaho judge has ordered two Moscow men to stand trial in the death of the estranged wife of one of the suspects even though her body has not been found.
On Thursday, 2nd District Magistrate John C. Judge made his ruling after determining during a preliminary hearing that there was probable cause to try Charles A. Capone, 52, and David C. Stone, 49.
The men are charged with first-degree murder and conspiracy to commit first-degree murder in the death of Capone’s estranged wife, Rachael Anderson. They are also charged with failure to notify a coroner or police about a death.
Anderson, a mother of four, was last seen three years ago and her body has not been found. She is presumed dead.
Judge acknowledged the case against both men is complex but evidence presented during the hearing was significant enough to take the case to a jury.
Judge cited testimony alleging the crime occurred in Capone’s auto mechanic shop, where Anderson was last seen. Evidence also showed her blood was found on documents inside the vehicle she was driving along with a glove tip with DNA from Capone and Anderson.
A cadaver dog also detected decomposing human flesh inside Anderson’s vehicle.
Latah County Prosecutor William Thompson Jr. said the case is based on circumstantial evidence and it’s complicated because the body is not available.
“Typically we know the cause of death,” Thompson Jr. told the magistrate during his closing statement. “We are dealing with a different type of case than this court has ever seen.”
Capone is alleged to have formed a pact with Stone, in which both men conspired to kill their wives and cover up the crimes, starting with Anderson.
Defense attorney Mark Monson, who represents Capone, argued there was no evidence of her death in Latah County or the state of Idaho.
“At the end of the day, we’re left with speculation and conjecture,” Monson said.
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