GUILTY MO - Jacque Rawson Waller, 39, Jackson, 31 May 2011

Sadly I don't believe he will unless there is some huge incentive for him to do so.

:(

MOO

I agree; and my worry is that they may not have enough to charge him yet. With charges pending, they may be able to talk him into a plea bargain.

I respect his father for turning him in. I hope that either his father or others will be able to talk him into "doing the right thing". I think often of Mark Hacking's family. They were very brave, strong, and adament that Mark needed to tell LE everything. I wish more families could be that strong.
 
I agree; and my worry is that they may not have enough to charge him yet. With charges pending, they may be able to talk him into a plea bargain.

I respect his father for turning him in. I hope that either his father or others will be able to talk him into "doing the right thing". I think often of Mark Hacking's family. They were very brave, strong, and adament that Mark needed to tell LE everything. I wish more families could be that strong.

I agree, especially citing Hacking's family as an example. In this case, thankfully there is no statute of limitations on murder, so they can build their case for a successful prosecution, and LE has other charges to hold CW on in the meantime. It always disturbs and saddens me, however, when the victim's family can't give their loved one a proper burial.

:(

MOO
 
State anticipates murder charge against Clay Waller

Friday, September 30, 2011
By Patrick T. Sullivan ~ Southeast Missourian

Clay Waller, center, is escorted to a police vehicle after a court hearing at the Cape Girardeau County Courthouse in Jackson on Tuesday, Aug. 23, 2011, where he appeared on charges of stealing and harassment.
(Kristin Eberts)
http://www.semissourian.com/story/1768623/photo/1550824.html
Cape Girardeau County's prosecuting attorney hopes to depose Clay Waller's ailing father in anticipation of filing murder charges in connection with Jacque Waller's disappearance. Prosecuting Attorney Morley Swingle submitted an application Sept. 22 to preserve testimony from James Clay Waller Sr. that alleges Clay Waller confessed to breaking Jacque Waller's neck during a fight and burying her body.

An Oct. 14 hearing before Cape Girardeau County Circuit Judge Benjamin Lewis will decide whether the testimony will be admissible in court.
Swingle anticipates a murder charge but acknowledges Clay Waller is still part of a federal investigation and that Jacque Waller's body has not been found, according to the application.

Swingle submitted the application to ensure James Waller's testimony could be used even if he dies before a trial could start. The elder Waller is bedridden and in poor health, according to the application. If the application is accepted, the state would like James Waller to be deposed at his nursing home with Clay Waller and federal marshals present. Federal marshals have indicated they would make Clay Waller available for the deposition, according to the application. He is in the marshals' custody in Pemiscot County.

"His testimony establishes an element of the felony of murder, specifically that James Clay Waller, II, is the person who killed Jacque Sue Waller, which element cannot be proven in any other manner at this time," Swingle said in the application.

http://www.semissourian.com/story/1768623.html?response=no
 
Thankfully there is finally some good news! And hopefully the Judge will rule the testimony admissable. Knowing that the father is in poor health, I was concerned about his testimony of CW's admission of killing Jacque.

:prayer:

MOO
 
Waller's federal public defender Scott Tilsen decline to comment about the case, but did indicate he was not happy about his client remaining in solitary confinement in Pemiscot County.

Tilsen said, "It's starting to wear on him."

Waller will now be held in federal custody until his sentencing.
http://www.kfvs12.com/story/15603661/court-hearing-for-clay-waller-monday
Boo-hoo for Clay. The trips lives are forever changed, they will never ever see their Mommy again!!!

I'm surprised he plead guilty. Is he hoping he can prolong serving time in a State Prison? There has to be something in this for him.

How will this Federal sentence impact the State filing a murder charge?
 
Boo-hoo for Clay. The trips lives are forever changed, they will never ever see their Mommy again!!!

I'm surprised he plead guilty. Is he hoping he can prolong serving time in a State Prison? There has to be something in this for him.

How will this Federal sentence impact the State filing a murder charge?

I hope it continues to wear on him so that he will finally say where Jacque is.

I am also surprised he plead guilty. Do you think he plead so that he doesn't have additional questions thrown at him regarding Jacque?

Come on Clay - fess up!! It is time to bring Jacque home. Where is she ??
 
Murder convictions still possible in cases where no body has been found

Although Jacque has not been found dead or alive, history and experts say a murder conviction without her body is possible.

Missouri has had four bodiless murder trials, and all resulted in convictions. The first occurred in 1858, when George H. Lamb was convicted of drowning his wife in St. Louis.

http://www.semissourian.com/story/1769883.html
 
I hope it continues to wear on him so that he will finally say where Jacque is.

I am also surprised he plead guilty. Do you think he plead so that he doesn't have additional questions thrown at him regarding Jacque?

Come on Clay - fess up!! It is time to bring Jacque home. Where is she ??

While the state has evidence DiBiase considers to be crucial in convicting Clay Waller, he said trying Waller four months after his wife's disappearance may be a bit premature.

"Four months is rather aggressive," he said.

Despite a looming murder charge against Clay Waller without a body, the search still continues.

http://www.semissourian.com/story/1769883.html
Read the rest of the story at the link cocomod, looks like MO has had luck with prosecuting "no body" cases.
May take some time though, so having him locked up in Fed Prison buys the State Attorney time.

Still doesn't answer our question of why he plead guilty though. Wonder if his attorney advised him to do so?
 
Still doesn't answer our question of why he plead guilty though. Wonder if his attorney advised him to do so?

He probably feels safer in prison! JMHO
...and obviously he couldn't stay out of trouble outside...
 
He probably feels safer in prison! JMHO
...and obviously he couldn't stay out of trouble outside...

BBM

Did I not read somewhere on one of the JRW threads here that CW is a former LE officer? If so, I cannot fathom that a former LE officer would feel "safer in prison!" Never having been in prison, I have no firsthand experience, but from everything I've ever heard or seen, I wouldn't imagine any prison would be "safer" than outside the walls for a former LE officer.....
 
Yes KW, he was a former LEO.

True, but a stay in a Federal Prison is preferable to one in State Prison. MOO~
 
BBM

Did I not read somewhere on one of the JRW threads here that CW is a former LE officer? If so, I cannot fathom that a former LE officer would feel "safer in prison!" Never having been in prison, I have no firsthand experience, but from everything I've ever heard or seen, I wouldn't imagine any prison would be "safer" than outside the walls for a former LE officer.....

My comment was based on the local sentiment toward CW...he's not very well liked based on internet postings.
 
It's a happy occasion, but a sad day too.
The Trips turned 6 today, their first birthday without their Mommy.
icon9.gif


https://www.facebook.com/pages/Find-Jacque-S-Waller/204911672886209

God bless Jacque's family as they find their way thru this tragedy.

Attorney asks judge to deny deposition of Clay Waller's father
Wednesday, October 12, 2011

Clay Waller's attorney is challenging the state's application to preserve the testimony of Waller's father that his son admitted to murdering his estranged wife. Scott Reynolds, who is representing Clay Waller in his state theft and harassment case, wrote in the motion that he technically does not represent Waller in the investigation and he has yet to discuss the state's application with Waller, who is in federal custody at the Pemiscot County Jail.

"Counsel is not legally nor ethically capable of entering an appearance to argue the merits of the application herein without first discussing the matter with Mr. Waller," Reynolds wrote.

Cape Girardeau County Prosecuting Attorney Morley Swingle submitted an application Sept. 22 to preserve testimony from James Clay Waller Sr. that alleges Clay Waller confessed to breaking Jacque Waller's neck during a fight and burying her body in an undisclosed location. In the application, Swingle wrote that the state anticipates filing a murder charge against Waller.
http://www.semissourian.com/story/1772639.html?response=no
Well of course Reynolds is asking for a denial of the depo.

Can't imagine the Judge denying the State's request, so to me Reynolds is just going through the motions and hoping to postpone, postpone, postpone. Dragging this out increases the odds the elder Waller who is in ill health will pass away.

Wonder what would happen in that event? Could the State still use his statement?
 

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