Re: Susan Powell missing since 2/6/09. Husband,Josh Powell, sets home on fire killing himself & their 2 sons. Much More on this thread..

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[raine1953]

Those photos make me so sad. That poor woman and her sons. What an awesome family and extended family she has including Josh's sister who stands up for Susan and against her own bio family. May Josh and his Dad Steve rot in hell.

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She is so beautiful and always looks happy and positive in her pictures. Too bad she couldn't break away from those perverts and run for her life with her precious sons. I honestly think that was her plan and her husband and possibly her FIL nipped that in the bud. FIL obsessed w/her..husband a control freak. They make me sick!

[Wrapitup]

BY NATE CARLISLE
The Salt Lake Tribune

First published Dec 03 2011 06:49AM
Updated 1 hour ago

West Valley City police this year conducted public searches for any sign of the body of Susan Cox Powell, using cadaver dogs to search the vast desert around Topaz Mountain and rappelling into scores of mine shafts near Ely, Nev.

They also executed a search warrant on the Puyallup, Wash., home of the father of Josh Powell, the missing woman’s husband and the only person police have identified as a person of interest in the disappearance.

Finding any remains would end the nearly two-year mystery of Powell’s disappearance, giving her family answers and providing something else: evidence. But in the absence of discovering a body, putting together a criminal case in connection with Powell’s disappearance is a lot tougher.

Police have said little about what evidence exists in the case, but University of Utah law professor Daniel Medwed said the lack of a body would make it difficult, but not impossible, to file a murder charge.

“You basically need to have a mountain of circumstantial evidence,” Medwed said.

That circumstantial evidence would have to show the person is dead, was murdered and who did it. But a murder case with no body creates an obvious counterargument for the defendant.

“I could envision a defense attorney here saying: ‘Well ... we don’t have a body. We don’t even know that she’s dead,’ ” Medwed said.

West Valley City police Chief Buzz Nielsen said last week police are still waiting for laboratory testing of ashes discovered by cadaver dogs during the Topaz Mountain search that may contain human remains, and they are continuing to sort through a trailer full of evidence taken from the Puyallup home.

No other searches are planned, but Nielsen remains confident the case will be solved.

“We’re going to get there,” he said.

Utah police and prosecutors have filed murder charges without a body before. The last was that of victim Joyce Yost and defendant Douglas Lovell. In 1985, Lovell was charged with raping Yost, but she disappeared 10 days before she was to testify at trial.

Prosecutors didn’t charge Lovell with Yost’s murder until 1992. Lovell’s wife testified that he hated Yost for accusing him of rape and broke into Yost’s South Ogden home, murdered her and buried her near Snowbasin resort. After pleading guilty to murder, Lovell took police to where he said he buried Yost, but her body has never been found. A judge sentenced Lovell to death, but in 2010, the Utah Supreme Court said Lovell should have been better informed of his rights and allowed Lovell to withdraw his guilty plea. A new trial date has not been scheduled.

Prosecutors in Denver last year charged a man with murdering a business partner even though they didn’t have the victim’s body. Police found a crime scene in which they found evidence of a murder.

A year after the charges were filed, a person walking a dog found the victim’s body along Interstate 70 near Cisco, Utah. A trial is scheduled for February.

There’s no indication West Valley City police have a witness like in the Yost murder or have found a crime scene like that in the Denver case.

Josh Powell, who has not responded to media interview requests since his father was arrested in Washington on unrelated voyeurism charges in September, has previously said he had nothing to do with his wife’s disappearance and that she ran away.

Medwed commended West Valley City police and Salt Lake County prosecutors for taking their time with the Powell investigation.

“Even if the public might be anxious for some developments, I think it’s always good for the investigation to proceed as thoroughly and careful as possible,” Medwed said. AGREE

Nielsen declined to say what information sent his officers to the desert locations this summer, but detectives continue to investigation tips and leads.

“Every one of those searches, there was a reason we went out there,” Nielsen said.

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BY NATE CARLISLE
The Salt Lake Tribune

First published 4 hours ago
Updated 14 minutes ago

West Valley City police on Tuesday said a laboratory has finished examining suspicious charred wood found during a desert search for Susan Cox Powell, but the department would not say whether the wood bears a connection to the missing woman.

"Those results have come back," said Sgt. Mike Powell, who is no relation to Susan Powell. "However, we are not able to discuss the specifics of those results at this point."

"In a general statement, I can definitely tell you that the investigation is progressing forward," Mike Powell added.

Susan Cox Powell’s father, Chuck Cox, on Tuesday said police had not informed him of the lab results.

On Sept. 14, cadaver dogs searching near Topaz Mountain in Juab County indicated the presence of human remains. Police excavated the site but found only what they described as charred wood and theorized they may have been used to incinerate human remains. Police said the site looked less than 10 years old, but there was otherwise no evidence of a connection to the Susan Powell disappearance.

Detectives sent the wood to a crime lab for analysis.

Powell, 28, has been missing since Dec. 6, 2009. Her husband, Josh Powell, has said he had taken the couple’s young sons, then ages 2 and 4, on a winter camping trip to Simpson Springs in Tooele County, and returned home to find his wife gone without a trace.

Police reminded the public there is a $10,000 reward for information leading to the whereabouts of the woman. They encourage anyone with information to call the West Valley City Police Department at 801-840-4000.

The case continues to be a "top priority" for the department, and a team of detectives has been assigned to it full time, according to a news release.

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If the results are in no relation to Susan, yet..they won't Release the results..all I can think of is they are in relation to Josh, which, if true is Fantastic!!!

Wouldn't that be something if he were Finally arrested for her murder today? Exactly two years to the day she went "missing"???

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Published: Tuesday, Dec. 6, 2011 11:40 a.m. MST
By Pat Reavy, Deseret News

WEST VALLEY CITY — Tuesday marks two years since the last time since Susan Cox Powell was seen.

"I never thought we would get to this point and not be done when we began this whole process," said Jennifer Graves, the sister of Susan's husband, Josh Powell.

Kiirsi Hellewell, a friend who lived near the Powells in West Valley City, sent out a message on her Twitter account Tuesday: "Rough week emotionally. Today is December 6: 2 years ago this noon I walked home from church with Susan. How I wish I'd known."

On Dec. 6, 2009, Josh Powell said he took his two young sons on a late night camping trip on a cold night in Tooele County. When he returned the next day, his wife was gone.

Over the past two years, the investigation into Susan's disappearance has led police to Ely and Elko, Nev., Topaz Mountain and Josh Powell's home in Puyallup, Wash. It has seen a bitter family feud erupt between members of Josh Powell's own family who question his role in his wife's disappearance as well as a bitter custody battle between Josh Powell and Susan Powell's parents, Chuck and Judy Cox, over the Powell's two sons. And the investigation has seen the arrest of Josh Powell's father, Steven Powell, on child pornography charges.

Tuesday, West Valley police released a brief statement saying the case is still an active investigation.

"This case has been, and continues to be a top priority for the West Valley City Police Department and the team of detectives assigned to it full time. The investigation continues to progress with information developed from leads and other relevant evidence,"

the department said in the statement.

Police recognize Dec. 7 as the day Susan Powell was reported missing.

Tuesday, West Valley Police Sgt. Mike Powell said test results from items collected during an extensive search of the remote Topaz Mountain area in September — small items that appeared to be burnt pieces of wood — had been returned. However, Powell could not comment on any information about what was found or if there were human remains on the small pieces as cadaver dogs had originally detected, or if it had anything to do with the Susan Powell case at all.

In September, police noted that "human remains" could mean dried blood and not necessarily decaying flesh or tissue.

Chuck and Judy Cox, who currently have temporary custody of Josh and Susan Powell's two young boys, have declined all interview requests since gaining custody of the children, citing a court order telling them to stay out of the media spotlight.

They did, however, release a brief statement reminding people that their daughter is still missing, and adding that

"Joshua Powell remains the only person of interest in Susan's disappearance."

"The case is still being actively worked and police assure the family that the case will be solved,"

the Cox family said in their statement.

Monday night in Utah, friends and other family members of Susan Powell held a charity event to mark the two year anniversary of her disappearance. They collected donations at the Christmas Box House.

Josh Powell is scheduled to appear on NBC's Dateline on Friday.

In September, West Valley Police Chief Thayle "Buzz" Nielsen told the Deseret News that it isn't exactly true that Josh Powell is their lone person of interest.

"We say, somehow, he's our only person of interest, that's really not true," the chief said. "Anything that comes up, we're looking at it."

Nielsen said investigators did not want to focus on one person and "forget the other stuff."

But the chief also noted that right now, all the outstanding questions in the case keep coming back to the husband.

West Valley police Tuesday also reminded the public there is still a $10,000 reward being offered for information leading to the whereabouts of Susan Cox Powell. Anyone with information can call police at 801-840-4000.

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[HippyChick2]

I can't stand Josh Powell so much I doubt I can watch it Friday, it would put me in a foul mood and I am trying to stay positive this holiday season. Hope HIS Christmas sucks.

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I am wondering if he actually did a new interview or this is old footage because he refuses to talk to the feds..so why would he allow a media interview????

LOL, Hippy..I agree with you!!!

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WEST VALLEY CITY — Tuesday marks two years since the last time since Susan Cox Powell was seen.

Kiirsi Hellewell, a friend who lived near the Powells in West Valley City, sent out a message on her Twitter account Tuesday: "Rough week emotionally. Today is December 6: 2 years ago this noon I walked home from church with Susan. How I wish I'd known."

On Dec. 6, 2009, Josh Powell said he took his two young sons on a late night camping trip on a cold night in Tooele County. When he returned the next day, his wife was gone.

Josh Powell's interview with Dateline

"I don't know what's happened to her. I don't know where she is," Josh Powell told "Dateline NBC's" Keith Morrison in an interview that will air Friday at 9 p.m. MST.

When Josh Powell agreed to meet with Dateline, he spent hours talking with Morrison late at night, at the same time police were raiding his father's home.

"He talked about Susan in the present tense, which some people will find curious," Morrison told KSL News. "I asked him, ‘Do you think she's still out there somewhere?'"

To that, Morrison said Josh Powell threw out several theories but made it clear he didn't have anything to do with Susan's disappearance.

"He said he thought she was, she was afraid to come back and was looking for a safe way to return — an odd thing to say, I think some sort of a reflection of the feud the Powell men have going with Susan's parents."

The hour-long report involves all of the players in the case, including Susan's family and friends and West Valley police investigators. It also examines the couple's early relationship.

But in talking to Morrison, he was most intrigued about his interviews with Josh and Steven Powell. "Listening to them and looking at their facial expressions as I was editing this was really fascinating," he said.

That interest has increased, Morrison said, since Steven Powell's arrest on child porn charges and the extensive search in the desert near Topaz Mountain during September.

"It was fascinating to watch developments occur, but also, to some extent, through the eyes of these two men … very interesting," Morrison said.

An update from West Valley City police

Tuesday, West Valley police released a brief statement saying the case is still an active investigation.

"This case has been, and continues to be a top priority for the West Valley City Police Department and the team of detectives assigned to it full time. The investigation continues to progress with information developed from leads and other relevant evidence," the department said in the statement.

Police recognize Dec. 7 as the day Susan Powell was reported missing.

This case has been, and continues to be a top priority for the West Valley City Police Department and the team of detectives assigned to it full time.
–West Valley City Police Department
Tuesday, West Valley Police Sgt. Mike Powell said test results from items collected during an extensive search of the remote Topaz Mountain area in September — small items that appeared to be burnt pieces of wood — had been returned. However, Powell could not comment on any information about what was found or if there were human remains on the small pieces as cadaver dogs had originally detected, or if it had anything to do with the Susan Powell case at all.

In September, police noted that "human remains" could mean dried blood and not necessarily decaying flesh or tissue.

Josh and Susan's children

Chuck and Judy Cox, who currently have temporary custody of Josh and Susan Powell's two young boys, have declined all interview requests since gaining custody of the children, citing a court order telling them to stay out of the media spotlight.

They did, however, release a brief statement reminding people that their daughter is still missing, and adding that "Joshua Powell remains the only person of interest in Susan's disappearance."

"The case is still being actively worked and police assure the family that the case will be solved," the Cox family said in their statement.

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Dateline is on right now re: The Susan Powell case.

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Susan Powell case takes national stage on Dateline NBC episode

By MyNorthwest.com
Staff report

The 2009 disappearance of a former Puyallup mom is the focus of a national news magazine show Friday evening.
Dateline NBC interviewed Josh Powell about the disappearance of his wife, Susan, from their Salt Lake City-area home.

Josh Powell told Dateline,

"I know that I have never harmed my wife, I have nothing to do with her disappearance."

My take: By saying, "I know that I have never harmed my wife" is deceiving. If he had never harmed his wife, he would simply say "I have never harmed my wife." MOO!

Police call this a missing persons case but in the words of one investigator it is "a very suspicious missing persons case."

Susan Powell vanished in December 2009 at age 28. Josh has been named a person of interest but denies involvement in his wife's disappearance.

Josh told West Valley City Utah detectives back in 2009 that he had taken their two young boys camping during a blizzard the night Susan disappeared. His account of the day's events immediately garnered speculation from police and the public.

Suspicion surrounding Josh was compounded in August when he and his father, Steven, made a series of public accusations about Susan. Among them, was a claim by Steven that he had a sexual relationship with his daughter-in-law before she went missing. He was later arrested after a search of his Puyallup home turned up images of child pornography.

Josh and Susan's sons were living with their father and grandfather before the grandfather was arrested on voyeurism and child pornography charges.

Susan's parents Chuck and Judy Cox, currently have custody of the children. Their attorney, Anne Bremner, tells the Deseret News that the Coxes are providing a safe home for the boys.

Although increased police activity in the case during the months of August and September has died down, police in West Valley City say Susan's disappearance remains a top priority.

"We are very adamant about continuing with our investigation," Sergeant Mike Powell, no relation, told Utah television station KUTV. "We have leads that we're still following up on, evidence that we're still processing. So for us it's a very positive progression and we are moving forward."

In September, police announced they had found human remains in a "shallow grave" near Topaz Mountain while searching for clues in Susan's disappearance. Those remains turned out to be charred wood, and police told KUTV Tuesday that test results on the specimens have come back. They would not say, however, if they are linked to Susan.

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[raine1953]

May 28, 2013,
ONTARIO, Oregon — The family of Susan Cox Powell is launching a new search for the missing West Valley City woman.
Susan’s father, Chuck Cox, is traveling down Interstate-84 from Pendleton, Oregon to Tremonton, Utah, in an effort to generate new leads and look for any clues to her disappearance.
“I can’t give up hope,” Cox told FOX 13 on Tuesday. “I really can’t.”
At gas stations, diners, city offices and police departments, Cox and his daughter, Denise, handed out fliers with Susan’s picture on them. They included information about her husband, Josh Powell, the police’s “person of interest” in her disappearance. The fliers also had a picture of Josh’s brother, Michael Powell, whom police have claimed may have helped dispose of Susan’s remains.
West Valley City police have said that in the days after Susan vanished in December 2009, Josh Powell left a police interview and rented a car. He put more than 800 miles on it. Where he went remains a mystery. Police have told FOX 13 they suspect Michael Powell may have transported Susan’s body and dispose of it.
“We know that Michael’s car was in Baker, and we know it was towed to Pendleton, and we know that the cadaver dogs hit on it,” said Rose Winquist, a private investigator hired by the Cox family to re-examine the missing persons case.
Winquist helped pepper small towns in Oregon and Idaho with fliers, also stopping to talk to local police agencies about the missing persons case. She said she had already received some new tips.
“I’ve had several phone calls from people that say they’ve tried to give information to the West Valley City police and just didn’t get a call back,” she told FOX 13. “I’m not sure what that’s about but I intend to call every single of of them back.”
Cox said he hoped people in Oregon and Idaho would see the fliers and it would jog their memories.
“Maybe something that didn’t make sense three years ago, or seemed odd three years ago, will now click in their minds and it’ll be important,” he said. “It’ll be something that’ll help lead to finding her.”
As they traveled down I-84 through Oregon and into Idaho, Chuck Cox and Denise would take note of places they would like to organize volunteer searches. They plan to wrap up their trip on Wednesday, where they will stop in Tremonton, Utah (where police claim Josh Powell activated a cell phone shortly after Susan disappeared).
Chuck Cox said he would like to meet with West Valley City police this week now that the active phase of his daughter’s missing persons case is closed. He said detectives have offered assistance should volunteers find anything.
“We’ve actually noted a lot of places that on the way back, we’re going to stop and search,” Denise Cox said. “Because you get that feeling, that it needs to be covered. And if we find something great. If not, y’know, can’t say we didn’t try.”
Anyone interested in volunteering to help search in the coming weeks can contact the Susan Cox Powell Foundation. Tips in Susan’s missing persons case can be sent to Winquist Investigations.
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[Wrapitup]

By Pat Reavy, Deseret News
Published: Friday, April 11 2014 5:00 p.m. MDT

SALT LAKE CITY — Are Josh Powell's mother and sister prepared to admit that he killed his wife, missing Utah mother Susan Cox Powell, in order to collect his life insurance policy?

The answer is yes, according to a newly filed brief in 3rd District Court by the Salt Lake attorney for Chuck Cox, Donald Reay, who is working with Cox's Washington state attorney, Anne Bremner. Cox is Susan Powell's father.

"The Powells are prepared to try and prove that Joshua Powell killed Susan in order to further pursue their alleged entitlement to certain insurance proceeds. Such behavior is shocking. It demonstrates the Powells care not about Susan’s best interest, but rather will take whatever position maximizes their opportunity to benefit monetarily from Joshua Powell’s crimes," the court brief states.

But an attorney for Alina Powell and Terrica Powell — Josh Powell's sister and mother — said that's not true.

"That's not what they said," Joshua L. Lee told the Deseret News. "We're disappointed to see this type of discourse in a judicial proceeding."

At issue is the ongoing and oftentimes complicated battle over who should collect on the life insurance policies of Josh Powell and the children of Josh and Susan Powell, which, with interest, are worth an estimated $2.5 million today, according to court records.

If a legal determination is made that Susan Powell died before her husband, then he or his family would become the beneficiary of her estate. If Josh Powell died first, then his wife's family would benefit.

Another area of contention is whether Cox can be named conservator of his daughter's estate.

On June 28, 2007, Josh Powell took out a New York Life insurance policy on his wife that was worth an estimated $1 million and $250,000 each for his two young sons, Charlie and Braden.

On Feb. 4, 2009, Josh and Susan Powell executed the Powell Trust. Technically, Susan Powell became the sole trustee after her husband's death in 2012.

Susan Powell went missing in December 2009. To this day, she is legally considered a missing person. Police, however, believe Josh Powell killed her, but they never arrested or charged him and her body has never been found.

On Dec. 3, 2011, Josh Powell changed the beneficiary designation on the primary insurance portion of his policy to make his brother, Michael, the primary beneficiary and the person getting the lion's share of the money, followed by his sister, Alina, and other brother, John. The secondary beneficiary became his father, Steven Powell.

But after Josh Powell murdered his two young sons and then killed himself and set fire to his house in Washington just two months later, questions were raised about whether Josh Powell's family could receive the money.

Michael Powell committed suicide in 2012.

Chuck Cox has filed for conservatorship in the estate of his daughter. Alina and Terrica Powell have filed motions trying to remove Cox as conservator. Court documents have been filed in both federal and district court in Washington and Utah in the ongoing legal battle.

In court papers filed Thursday in Salt Lake City, one of the key issues surrounding conservatorship and insurance payouts is deciding when Susan Powell will legally be declared dead.

Susan Powell's date of death will be listed in court documents as Dec. 6, 2014. Even though that date hasn't happened yet, under Utah law she can be declared dead five years after disappearing, unless there is "clear and convincing" evidence to prove otherwise. Chuck Cox has agreed to declare Dec. 6, 2014, as the date of death of his daughter, according to court papers filed in Washington.

But depending on the outcome of the conservatorship case, Cox's attorneys claim Terrica and Alina Powell may argue that Susan Powell's death happened earlier.

"Terrica Powell may seek to bring an action under the Utah Presumption of Death Statute, based upon available evidence, to establish a date of death earlier than Dec. 6, 2014," according to court documents.

"Ultimately, any attempt to prove Susan died on a date earlier than Dec. 6, 2014, would result in the equivalent of a lengthy and expensive murder trial. It would require the Powell family to prosecute their own and would have significant implications on the administration of the estate and its assets. Unless Susan’s whereabouts are determined before Dec. 6, 2014, she will be presumed deceased on that date," Cox's attorneys wrote in court papers.

Lee, however, said his clients seeking to prove Susan Powell died earlier than 2014 in no way implies they believe she was murdered by Josh Powell.

"They simply said, depending on how things turn out, they want to keep their options open to try and prove an earlier date of death for Susan," he said. "What (Cox's attorneys) filed in court here was actually a misstatement of what they filed in Washington."

The Powells claim that after Josh Powell's death, his estate went to Michael Powell. But Susan Powell must consent to the change in beneficiary, and because she's missing, no one can say if that happened. Because she was legally considered missing and not dead, the Powells claim there is no need for Cox to be appointed as conservator.

Alina Powell has long been one of Josh Powell's biggest supporters. She suggested at one point that Susan Powell ran off with missing Utahn Steve Koecher.

Jennifer Graves, Josh and Alina Powell's sister who has been estranged from her family since Susan Powell's disappearance, believes what is at stake is who is in line to receive the insurance money. The policy, according to her, currently lists brother Michael Powell as the main benefactor, followed by Chuck Cox.

"Michael committed suicide, so he's off. That is not an inheritable position. So it's back to Chuck. It legally goes back to Chuck," Graves said. "It disappoints me that (Alina and Terrica) are continuing to pursue this. That's the biggest thing. It's not really appropriate for them to pursue this."

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[NiteSpinR]

Josh Powell also committed suicide right after he murdered his sons. If I'm not mistaken the pay out of his life insurance policy became null and void.
If Josh's father or sister know where Susan's remains can be located I think they should be charged as accessories after the commission of a murder and anything else they can get slapped with!
After the loss of their daughter and grandsons at the hands of Josh Powell, the Cox's deserve to collect the Life Insurance.
The Powell's shouldn't be rewarded for murders Josh committed! They should be ashamed for even trying...

It's so sad that the lives of Susan, Charlie and Braden have to end up being measured in a dollar amount.

[Wrapitup]

Powell family disputes court brief over life insurance
By Pat ReavyApril 23rd, 2014 @ 7:55am

SALT LAKE CITY — A sister of Josh Powell and his mother have fired back at the father of missing Utah mother Susan Cox Powell in the ongoing battle over life insurance money.

In court documents filed last week, Alina and Terrica Powell objected to a supplemental brief filed earlier this month by Chuck Cox and his attorney Anne Bremner claiming that the Powells are willing to declare that Josh Powell killed his wife, Susan Powell, in order to lay claim to millions of dollars in life insurance money.

"The supplemental brief does not shed any light on the issues that are genuinely before the court. Accordingly, the supplemental brief should be rejected and disregarded," attorney Joshua Lee wrote in new court documents.

The Powells, through Lee, contend that the supplemental motion was simply filed by Cox to generate negative publicity toward them.

At dispute is who should be the beneficiary of Josh and Susan Powell's trust fund now that Josh Powell and his two sons are dead, and Susan Powell is presumed dead. Josh Powell murdered his two young sons and then killed himself and set fire to his house in Washington state in 2012.

One of the key issues in determining who inherits all or part of the funds may come down to when Susan Powell is legally declared dead.

Susan Powell went missing in December 2009. In Utah, a person can legally be considered "dead" after missing for five years. Powell will have been missing for that long this coming December.

Chuck Cox was appointed conservator over the trust in January of 2013. Bremner argued that for Terrica and Alina Powell to claim that Susan died earlier, thus making Cox's conservatorship appointment too late, would essentially result in a "murder trial." She claimed the Powells "will take whatever position maximizes their opportunity to benefit monetarily from Joshua Powell’s crimes."

The Powells, sister Alina Powell especially, have long supported Josh Powell, saying he did not kill his wife.

In his objection to Bremner and Cox's court filing, Lee accused Cox of essentially doing the same thing he accused the Powells of.

"Cox ignores his own gamesmanship for the sake of money. In this proceeding, Cox necessarily maintains the position that Susan is currently alive — otherwise, a conservatorship would be clearly improper," Lee wrote in court documents. "The entire premise of the argument in Cox’s supplemental brief is illogical."

Lee argues that Cox is overstating what his clients said about proving Susan Powell died earlier than this coming December. And even if they were to say that Josh Powell killed her, it doesn't affect the trust.

Lee contends that Cox's last court filing shows his philosophy in the case, "that this court should somehow impute Josh Powell’s bad acts to his mother and sister, despite the fact they have not been implicated in any crimes committed by Josh Powell and were innocent victims of such acts just as Cox was.

Cox’s statement further suggests that this court should ignore the law and instead decide the present issues based upon an irrational prejudice toward the Powells. In short, the Powells’ recent filing in Washington is absolutely irrelevant to these proceedings and the issues before the court."

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[Wrapitup]

Originally published Tuesday, May 20, 2014 at 6:01 AM

TACOMA, Wash. —
Josh Powell's family can share in the life insurance proceeds from the two young sons he killed in 2012, a federal judge has ruled.

U.S. District Judge Ronald Leighton's ruling last week came in a dispute between the families of Powell and his long-missing wife, Susan Powell, over three insurance policies covering the couple and the boys.

Josh Powell is believed to have killed Susan Powell in Utah in 2009. He then moved to Washington state, where he killed himself and the couple's boys.

Under the ruling, roughly $793,000 will go to Josh Powell's family. Thomas West, a lawyer working with the family, said Monday that Josh Powell's father, Steven Powell, has disclaimed any interest in the proceeds, meaning that the bulk of it will instead go to Powell's mother, with smaller amounts going to Josh Powell's sister and his surviving brother.

Of the money going to the family, $264,000 is from an insurance rider covering the lives of the boys.

Susan Powell's parents, Charles and Judy Cox, had argued that the Powells shouldn't get any of that money under Washington's "slayer statute," which prohibits killers from receiving life insurance proceeds covering their victim. The judge ruled that the law prohibits killers themselves from receiving those proceeds, but not their relatives.

About $2.2 million from the disputed policies is going to a trust or to Susan's father as conservator of her assets. When she is declared legally dead in December -- five years after her disappearance -- those assets, including a separate $500,000 life insurance policy, will flow into the trust, which was set up by the couple before she disappeared.

The Coxes want to retain the trust money, but the Powells believe it should be split between the families. That issue remains pending before a Utah judge.

The Cox family's lawyer, Anne Bremner, said Monday she remains unconvinced that Steven Powell has really waived any claims to the insurance money. Powell was recently released from a Washington prison, where he served time for taking videos of young neighbor girls undressing and using the bathroom. Bremner won a $2 million judgment on behalf of the girls, and if Steve Powell received the money through court proceedings it would be easier to track it and obtain it for them, she said.

The Coxes hope to use the insurance money to support various organizations and foundations, Bremner said.

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This is BS!! Not One dime should go to JP's family...     

[Wrapitup]

Josh Powell's family wins half of insurance money for Powell and sons he killed
BY NATE CARLISLE
Salt Lake Tribune May 19, 2014

A federal judge in Tacoma has ordered contested life insurance proceeds be split between Josh Powell’s beneficiaries and a conservatorship and trust benefiting the heirs of his missing wife, Susan Cox Powell.

The judge rejected an argument by Susan Powell’s parents, Chuck and Judy Cox of Puyallup, that their late son-in-law’s beneficiaries be prohibited from collecting life insurance proceeds.

Josh Powell is believed to have killed Susan Powell in Utah in 2009. He then moved to Pierce County, where he killed himself and the couple’s boys.

Federal Judge Ronald Leighton in the Western District of Washington said even though Susan Powell is legally considered alive — given that she has never been found and has not yet been declared dead — her life insurance proceeds can be distributed.    This judge is an idiot!

Thomas West, a lawyer working with the Powell family, said Monday that Josh Powell’s father, Steven Powell, has disclaimed any interest in the proceeds. That means the bulk of it will go to Powell’s mother, with smaller amounts going to Josh Powell’s sister and his surviving brother.

The decision amplifies a dispute between the quarreling Powell and Cox families about who should be trustees and beneficiaries for Susan Powell’s conservatorship and a related trust.

Leighton ordered a split of two New York Life policies — one on Josh Powell, valued at more than $1 million; and a rider covering the Powell’s sons, valued at more than $500,000— with half going to the Powell beneficiaries and the other half going to Susan Powell’s conservatorship.

The conservatorship will receive all of another $500,000 policy on Josh Powell.
A $1 million policy on Susan Powell will go to a trust holding her and Josh Powell’s assets.

Josh Powell was in the middle of a custody battle with the Coxes when he torched his rental home in Graham on Feb. 5, 2012, killing himself and sons Charlie, 7, and Braden, 5. He also had been named a person of interest in the disappearance of his wife, who was last seen Dec. 6, 2009, at her West Valley City, Utah, home.

The Cox family fought the even distribution of a policy for Charlie and Braden. The Coxes argued that Washington law prevents killers and abusers from collecting life insurance proceeds from their crimes, and that “slayer statute” should be applied to Josh Powell’s beneficiaries.

But Leighton wrote that was too broad an interpretation of the law and that the prohibition only applies to the killer.

“Neither Joshua nor his estate will be unjustly enriched if his one-half interest in the rider proceeds is distributed according to the terms of the policy,” Leighton wrote.

Anne Bremner, an attorney for the Coxes, said the judge’s strict interpretation failed to take into account the twists and turns of Susan Powell’s disappearance, including how Josh Powell changed his beneficiaries after she vanished.

“It’s our position,” Bremner said, “there’s really no case like the Susan Cox Powell case.”

Bremner remains unconvinced that Josh Powell’s father has waived any claims to the insurance money. Steven Powell was recently released from a Washington prison, where he served time for taking videos of young neighbor girls undressing and using the bathroom. Bremner won a $2 million judgment on behalf of the girls.

Bremner said the Coxes are unlikely to appeal Leighton’s decision and will focus on a Utah case.

In state court in Salt Lake City, the Powells and Coxes have been arguing about the conservatorship and trust holding assets belonging to Josh and Susan — assets that now include $2.55 million in life insurance money. The Coxes are the trustees and beneficiaries of the conservatorship and the trust.

However, Terrica and Alina Powell — Josh’s mother and sister, respectively — contend the terms of those agencies were illegally changed to remove them as trustees or beneficiaries.

Joshua Lee, a lawyer for the three Powells, said Monday that a motion is pending in state court in Salt Lake City to restore his clients as beneficiaries or trustees.

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interesting comments at above link.

[NiteSpinR]

You're DAMN RIGHT JP's family should not be paid for the murders he committed!
The judge in this case needs to take those crimes into consideration as well as the fact that Josh changed the beneficiaries after Susan's disappearance. He did that knowing she was dead...

Is it just me or does it seem a little strange that they had so much insurance ?

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No, it's not just you...makes me wonder just who all knew what JP was planning on doing to Susan. I still think his perv father was involved from the get go.

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By Nate Carlisle | The Salt Lake Tribune
First Published Jun 07 2014 07:01 pm • Updated 4 hours ago

FBI documents say investigators found child pornography on Josh Powell’s computer at least 17 months before he killed his children and himself.

The FBI had two open investigations into Powell at the time of his death, the documents show. One was into the disappearance of his wife, Susan Powell. The second investigation was for what the FBI suspected was possession of child pornography.

Anne Bremner, an attorney for Susan Powell’s parents, said the family was never told the FBI was investigating Josh Powell for child pornography. When told by The Tribune, Bremner was frustrated more information about that aspect wasn’t shared with the Washington Department of Social and Health Services, who was in charge of the custody case for Josh and Susan Powell’s two sons.

Bremner said if that agency had known the FBI suspected child pornography was on Josh Powell’s computer, it "never would have let him have those kids."

Josh Powell was allowed visitation with his sons. When a state worker delivered 7-year-old Charlie and 5-year-old Braden to Josh Powell’s rented home in Graham, Wash., on Feb. 5, 2012, Josh Powell locked out the worker and ignited a fire that killed him and his sons.

Meanwhile, Susan Powell, who was last seen at her West Valley City home on Dec. 6, 2009, has never been found.

Melodie Rydalch, a spokeswoman for the U.S. Attorney in Utah, said the child pornography information was forwarded to authorities in Washington state because the computers were seized when authorities served a search warrant there.

FBI spokespeople declined to answer questions about the documents or the Powell case.

It’s not the first time Josh Powell has been associated with child pornography.

At hearings in the state of Washington to determine custody of his children, then-Assistant Washington Attorney General John M. Long said Josh Powell was under investigation for child pornography after cartoon images of incest between mothers and children were found on his computer in late 2009 or early 2010.

In an interview Thursday, Long said neither the FBI nor other law enforcement told him anything other than that the cartoon images were found.

"Obviously, if there was something more serious than that it would have changed the whole dynamic of the" child-custody case, Long said. Long has since retired from the Washington attorney general’s office. This is Ridiculous! Cartoon images of incest weren't enough for the DCH, FBI, Secret Service and local PD to keep him AWAY from his children?       

The Tribune obtained the documents through the Freedom of Information Act, but the file has heavy redactions and the FBI omitted pages out of concerns about privacy and safeguarding FBI procedures and ongoing cases. The documents do not specify what the images showed or depicted.

The legal status of animated child pornography can be murky. A federal statute makes it a crime to possess animated images depicting children in sexually explicit activity, but those cases tend to bring legal challenges based on what the images depict and whether they can be considered free speech.   

"The question is," said University of Utah law professor Paul Cassell, " ‘Are the images specifically graphic enough to qualify as child pornography?’ "

The FBI opened the child pornography case on Sept. 10, 2010. It appears the FBI was trying to discover whether there were more compromising images on Josh Powell’s computer, but was stymied. Josh Powell encrypted much of the data on his computer. So what?? This is the FBI!!

West Valley City police have said that no one — either in the federal government or the private sector — has been able to decode the encryption Josh Powell used.       

The FBI provided fewer documents on what it labeled as the kidnapping and homicide investigation. West Valley City led that investigation.

Three days after Josh Powell killed his sons and himself, West Valley City police believed it was "an ideal time," according to the documents, to interview Josh Powell’s father, Steve Powell.     

The patriarch was in a jail in Tacoma, Wash., awaiting trial on charges related to photographing neighbor girls in various states of undress. Steve Powell’s name is redacted but the description and location of the interview indicates he was the interviewee.

"WVCPD has requested an agent interview REDACTED that is not associated with the Utah or Washington state police as these have not been fruitful in the past," an FBI report says.

What, if anything, Steve Powell told agents is redacted.

Steve Powell has said he does not know where his daughter-in-law is. He gave interviews to West Valley City police in the early days of the investigation, but has not cooperated with law enforcement since.

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This is a MUST SEE!!
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Please check out the comments on the above link.

My heart goes out to the Cox's. I cannot imagine the pain and FRUSTRATION they Continue to deal with.

Josh Powell and his perv father could have had a sign on their forehead saying they murdered Susan and the feds and local PD Still wouldn't have done anything. They are Pathetic!!

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Saturday September 13, 2014

Susan Powell's parents, Chuck and Judy Cox, were awarded conservatorship of their daughter's trust by a Utah judge on Wednesday after the family of the missing woman's deceased husband failed to contest the case in a timely manner.

Susan Powell went missing from her home in Utah in 2009, and her husband, Josh Powell, later killed himself and their two sons in 2012. He was the lead suspect in her disappearance up until his death, but was never charged with a crime.

According to The Salt Lake Tribune, Susan and Josh Powell's trust will ultimately include $2.3 million in life insurance awards, and the couple's house in West Valley City.

"It’s a good day for [the Coxes]," said Anne Bremner, the couple's attorney. "It’s a good day for Susan. It’s a good day for justice."

Judge L.A. Dever said that after Susan's parents gained control of the trust and cut out Terrica and Alina Powell, Josh's mother and sister, the Powells failed to contest their removal within the 30-day time period specified by state law.

"Cox was appointed conservator of Susan's estate because of a qualifying event, i.e., her disappearance," the judge wrote. The judge disagreed with the manner in which the parents gained control of the trust, but said the Powells' failure to contest their being booted was the factor that ultimately decided the case.

It is expected that the Powell family will appeal the ruling.

Susan Powell is expected to be declared dead this December in accordance with Utah's minimum specification for doing so, five years missing.

Meanwhile, CBS affiliate KUTV reported this week that the family who has rented the former Powell home recently found out about the history of the residence, and plan to move out. They said they should have been informed about the history of the home, but such aspects of a house's history are not required by law to be disclosed.

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video..above link.

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Utah judge sides with Susan Powell’s parents in $2.3 million estate fight

POSTED 5:05 PM, SEPTEMBER 3, 2014, BY Q13 FOX NEWS STAFF

SEATTLE — A Utah judge on Tuesday ruled in favor of missing mom Susan Cox Powell’s parents in an estate dispute, saying the heirs of Susan’s husband, Josh Powell, waited too long to challenge changes to the legal trust, attorney Anne Bremner confirmed.

The ruling by Utah 3rd District Court Judge L.A. Dever means the mother and sister of Josh Powell will be unable to receive the assets in Josh and Susan Powell’s trust when Susan is declared dead.

The trust includes $2.3 million in life insurance awards and the couple’s home in West Valley City, Utah.

The Salt Lake Tribune said Terrica and Alina Powell — Josh Powell’s mom and sister — are likely to appeal the ruling.

According to the newspaper, the judge said Susan’s father, Chuck Cox, should have never been put in charge of the estate in January 2013 and that he did not have authority to remove the Powell family as beneficiaries. However, Dever said the Powell family had 30 days to challenge his appointment and they did not challenge it in time.

Susan Cox Powell was last seen Dec. 6, 2009, at her West Valley City, Utah, home. Her husband Josh was the only person of interest in her disappearance; he killed their two children and himself on Feb. 5, 2012, at their home in Graham, Wash.

The newspaper said Susan Powell will probably be declared dead in December, as Utah law allows for a person to be declared dead five years after anyone last saw the person alive.

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No amount of money w/take away the horrific pain and grief the Cox's have had to endure..but I am so Happy they won this!!

[NiteSpinR]

I'm glad the Powell family didn't respond to their removal.
I've said all along that Josh's family shouldn't be getting paid because he killed his wife and children. Those boys died in a horribly cruel way at the hands of their father and Susan's remains will likely never be found... it's was a very sad ending to 3 beautiful lives.

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