What happens at a murder trial when a body has not been found? Experts explain

Mar. 6—A bullet fragment with William Alford's DNA profile was the only indication of his body authorities could find.

Although Alford's body was never found, a Kern County jury found Daniel Rhoads guilty of second-degree murder and discharge of a firearm causing death. Rhoads, who said he shot Alford in self-defense, wrapped the body in a trash bag and tossed him into a large bin, according to The Californian's previous reporting. He was sentenced in 2019 to 40 years to life in prison.

Now, in a current murder case in which no bodies have been found, the Kern County District Attorney's Office has charged adoptive parents Jacqueline and Trezell West with second-degree murder of two boys after a grand jury indicted the defendants this week. The Wests had adopted brothers Orson, 3, and Orrin, 4, West, who were reported missing from California City in December 2020.

The Wests have pleaded not guilty to the charges, which also include two felony counts each of willful cruelty to a child and a misdemeanor charge of falsely reporting an emergency.

Through a combination of "direct and circumstantial evidence," the grand jury believed the boys to be dead, Kern County District Attorney Cynthia Zimmer said Wednesday during a news conference announcing the charges against the West parents.

"No-body homicides are tried all the time," Zimmer said. "We have evidence that was sufficient to convince the grand jury and we have sufficient evidence that we believe will convince a jury that (the boys) are not alive."

Attorneys and an investigator said homicide cases can be tried even without the body of a victim.

The prosecution: 'Prove beyond a reasonable doubt'

A jury must believe three elements when hearing a no-body homicide, said Los Angeles County Deputy District Attorney John Lewin, who has brought eight no-body homicide cases to trial. Lewin explained how that works, noting he was not speaking on behalf of his office and he is not privy to any details of the West case.

Prosecutors must prove the victim is dead, the victim died by murder and the defendant is responsible, he said.

Arguing a no-body homicide deviates from a case in which there is a body, Lewin added. Generally, California law prohibits attorneys from presenting evidence during a trial about the victim's life outside of the immediate offense, Lewin said.

However, with no-body cases, a lawyer can present this information, he said.

Witness testimony, phone calls, emails, texts and the defendants' statements all are presented to the jury in lieu of a body, said Laurie Levenson, a professor of law at Loyola Marymount University in Los Angeles. This evidence is termed circumstantial, the professor added.

"It's drawing as many of the dots in (a) line for the jurors as possible and hoping that they add up to prove beyond a reasonable doubt," Levenson said.

Kern County Deputy District Attorney Eric Smith, the prosecutor on the West case, said Wednesday more than 50 witnesses testified before the grand jury over three months, beginning in December. Furthermore, Zimmer said the boys died three months prior to their adoptive parents reported them missing in 2020.

Louis Danoff, a retired investigator from the Los Angeles County Sheriff's Department, explained the evidence he gathered when investigating a no-body homicide. He found witnesses articulating how a wife, who disappeared, feared her husband. Others testified that this man said he would do to them what he was accused of doing to the wife, Danoff said.

Danoff also collected evidence from motels, flights and other transportation to show a victim never traveled by these means.

"Everything is pointing to this conclusion (that a person is dead)," Danoff said. "If you take all these facts here, and you are a reasonable person, you will come up with this conclusion."

Lewin added no-body cases become easier to prove once more time goes by. With adults, an untouched bank account or unfulfilled plans increasingly show the victim is dead.

"You want to call individuals who can testify that your victims either would never have disappeared on their own, or in some cases, don't have the capacity to do so," Lewin said.

The defense: 'Like a tennis match'

Local defense attorney David Torres, who also is not involved in the West case, said defense lawyers raise doubt about the evidence presented by the prosecution.

The goal, Torres said, is to toss out the evidence because it may be irrelevant or prejudiced, he added.

"It's almost like a tennis match," Torres said. "Whatever you give me, I'm going to give it back to you. Or whatever you try to put in, we're going to try to omit that evidence."

Torres said he has never litigated a no-body homicide. However, he has defended clients accused of murdering children. Finding a fair and impartial jury is difficult with these cases, Torres said.

Most people have paternal instincts and cannot set aside their emotions when hearing the case, the attorney said. He asks potential jurors if they can remove those instincts to ensure the trial is conducted purely on facts.

"With children as victims, it is quite difficult," Torres said.

'Kids don't just disappear'

Levenson said prosecutors must also demonstrate the intent behind a murder.

A charge of second-degree murder means the offense may not be premeditated, but the defendants acted intentionally or with gross reckless disregard, she said.

To prove this, prosecutors could ask questions of friends, family and neighbors about the adoptive parents' actions. Questions about the Wests' cooperation with the police or actions after the kids were reported missing are relevant, the law professor said.

Homicide cases typically need evidence that a suspect affirmatively acted to cause the death. However, if the defendants have responsibility over the victims, and they fail, these actions could be the basis for a murder charge, Levenson said.

"Kids don't just disappear," she added.

You can reach Ishani Desai at 661-395-7417. You can also follow her at @idesai98 on Twitter.