Without a body, authorities already were going to have a difficult time getting a conviction in the homicide case of Aaroné Thompson.
Now, without one of the two central figures in the investigation, experts say it may be impossible to discover what happened to Aaroné, much less hold someone accountable if a crime was committed.
Aaron Thompson, Aaroné’s father, and his girlfriend, Shelley Lowe, have been under scrutiny since November when police named them persons of interest in the case of the missing six-year-old girl.
Lowe died Friday without ever being interviewed by police, and, authorities acknowledge, she likely took vital information about the case to her grave.
“The police department believes certain information will be lost forever with her passing,” said Rob Werking, the legal advisor for Aurora police.
Also lost was the possibility that Thompson or Lowe could turn against the other, which means a potential jury would only get one side of the story, said former Denver County District Attorney Norm Early.
“If Mr. Thompson is indicted, then he will be pointing the finger at a dead woman,” Early said. “… If a jury believes Shelley did it, they are not going to convict (Thompson).”
Walter Gerash, who was advising Lowe, said Lowe had consistently denied any involvement in Aarone’s disappearance. David Lane, attorney for Thompson, refused to comment on the case.
District Attorney Carol Chambers said the focus of the investigation has always been on finding out what happened to Aaroné after she was reported missing Nov. 14. Even though Lowe is dead, the grand jury proceedings in the case will continue, Chambers added.
When asked how Lowe’s death will affect the grand jury, Chambers said the case may not solely revolve around the actions of one or two people, an apparent reference to Lowe and Thompson. She did not elaborate.
The grand jury process could extend several months because of Lowe’s death, Chambers said, adding that the pace will be slower to give the Lowe and Thompson children time to mourn her.
The children, eight of them ranging in age from 5 months to 15 years old, have been in foster care since shortly after Aaroné disappeared. “We’ll take cues from the guardians about how fast to proceed,” Chambers said. “They will be given great deference.”
Chambers acknowledged that Lowe’s death may change how some witnesses feel about testifying.
“We just don’t know what the fallout will be and whether witnesses will be more willing to talk,” said Leslie Hansen, assistant district attorney in charge of the grand jury investigation. “We still anticipate the grand jury will go forward next week as planned.”
The grand jury’s investigation will help determine who, if anyone, is charged with a crime.
Lowe’s former common-law husband told police Lowe told him Aaroné was with her when the girl died, and Lowe and Thompson buried her in a field, according to court records obtained by The Denver Post. The records also revealed that the children taken from the Lowe and Thompson household said they hadn’t seen Aaroné in more than a year.
Now, to get an indictment, investigators must show that the evidence implicates both Lowe and Thompson and not just Lowe, Early said.
“The defense is going to say ‘Shelley did it,”‘ he said. “Part of the process now before the grand jury is that it could not have just been Shelley, it was both of them.”
The one silver lining for investigators, Early said, is that new witnesses may come forward to challenge Thompson.
“(People) who respected Shelley, but were not particularly fond of Aaron, … might now tell what they know because they no longer have a fear of potentially implicating Shelley.”
Staff writer Elizabeth Aguilera can be reached at 303-820-1372 or eaguilera@denverpost.com.
