NE-Jillian Dee Cutshall, Missing since 1987, Nebraska

[anthrobones]

http://www.doenetwork.us/cases/126dfne.html



Jillian Dee Cutshall
Missing since August 13, 1987 from Norfolk, Madison County, Nebraska.
Classification: Non-Family Abduction



Vital Statistics Date Of Birth: February 19, 1978
Age at Time of Disappearance: 9 years old
Height and Weight at Time of Disappearance: 4'6; 65 pounds
Distinguishing Characteristics: White female. Blonde straight hair; blue eyes.
Marks, Scars: A two inch vertical scar on the crown of her head and a horizontal scar on her right top lip. She has pierced ears.
<LI>Clothing: A purple shirt, blue jeans and white Nike Tennis shoes.

Circumstances of Disappearance
Cutshall was last seen at 6:30 a.m. walking to her babysitter's house which was four blocks from her home on August 13, 1987.
Her clothes turned up in a wooded area 10 miles away near Stanton three months later.
David Phelps was charged and convicted of Jill's abduction. He is doing life in state prison.

[bykerladi]

Why wasn't Phelps charged with murder?

[meggilyweggily]

Lack of evidence, probably. Murder without a body trials are relatively common today but were almost unheard of in the 1980s. Besides, he's doing life as it is. I'm not sure a murder conviction would lengthen his sentence any.

[bykerladi]

I'm surprised he hasn't "bragged" to any fellow inmates. He can't be tried for her murder now, I don't think, so he should just confess...

[meggilyweggily]

I don't see why they couldn't charge him with murder if they wanted to. Kidnapping is an entirely different offense, so double jeopardy wouldn't apply. It's just a matter of (A) having enough evidence to prove murder and (B) Is it worth it to prosecute. Many people would say it would be a waste of taxpayer money to prosecute a man for murder when he's serving a life sentence anyway.

[bykerladi]

I think, and I may be wrong, that double jeopardy isn't about the charge, its about the underlying actions. So, in this instance, he kidnapped and killed her, and both actions are interrelated. He was already charged with kidnapping and tried, so any actions related to that kidnapping can't be brought later - that's why criminals are charged with multiple counts.

[meggilyweggily]

Well, Lindsay Bruce was convicted of kidnapping Emily Rimel and now that they've found her body he's been charged with murder, if I recall correctly. I don't see how this couldn't work for Jill too -- assuming they ever find her remains, which is unlikely.

[bykerladi]

Well, I say give it a shot, worst case scenario the defense throws it out...