Arapahoe County – Evidence in Aaron Thompson’s arrest is still under wraps, but not the fact that investigators have never located the little girl at the center of the case.
Aaroné Thompson was reported missing by her father, who is charged with 60 counts, including child abuse resulting in her death.
The burden of proof in that charge is just as high as proving a first-degree murder case, legal experts say.
And not having a body could be a problem for prosecutors as they take the case to trial, but it has been done before – including in Colorado.
“You have to make a more compelling case to show that the missing person is really dead, and the person who is charged had something to do with the death,” said Bob Gallagher, Arapahoe district attorney from 1969 to 1997.
In Colorado, there have been notable murder cases without bodies.
Frank Schilt pleaded guilty this month to second-degree murder in killing his wife, Terri, and dumping her body in a trash bin. Her body was never found.
Inmate Robert Browne last year pleaded guilty to strangling 15-year- old Rocio Sperry of Colorado Springs 19 years earlier. Her body was never found.
In September 1997, Eugene Smith was convicted of second-degree murder and child abuse resulting in the death of Cindy Booth, who disappeared after leaving her home on a bicycle in August 1993. Her body was never found.
Without a body, evidence must be strong enough to point to a crime – even if a defendant confesses.
The legal term is “corpus delicti,” which means “the body of the crime,” or legal proof that all elements of a crime have been committed.
In Thompson’s case, there has been no confession, said his pre-arrest attorney – David Lane, who said Aurora police questioned Thompson for hours Wednesday.
“He has no intention of talking to anyone,” Lane said.
The closest confession may have come from Thompson’s deceased girlfriend, Shelley Lowe.
Lowe told her former common-law husband, who was in prison at the time, that Aaroné died in a bathtub and was buried in a field by her and Thompson, according to a document obtained by The Denver Post.
That “confession” cannot be used by prosecutors against Thompson, said Walter Gerash, Lowe’s attorney before she died a year ago of an apparent heart condition.
“That’s against her,” Gerash said. “He didn’t tell it to the inmate. They must have other evidence of him making statements to somebody.”
District Attorney Carol Chambers said it is common for a grand jury to come back with a large number of charges in complicated cases.
“They overcharge like crazy,” said Arthur Patterson, senior vice president of DecisionQuest – a national trial consulting firm. “Then the jury can say it’s not this but it is that. It’s called stacking charges.”
Police say Thompson reported Aaroné missing on Nov. 14, 2005, but her local school said she was never enrolled and neighbors said they never saw the girl. Police believe Aaroné had been missing for a year before her father alerted them.
That information could sway a jury, Patterson said.
Facts on why the grand jury indicted Thompson have not emerged in the case and will not until they are unveiled in open court, according to attorneys on both sides of the case.
Judge William Sylvester sealed the case file and issued a gag order Thursday – ensuring neither police nor attorneys will reveal details. He said the order was meant to ensure a fair trial, not to infringe on press freedom.
Chambers said she wants information to remain secret to protect the children who lived with Thompson and Lowe. She also does not want pretrial publicity to force a change of venue.
“Pretrial publicity is already out of control,” said Jim O’Connor, Thompson’s public defender. “There has been a clamoring from the public on this matter.”
Staff librarian Regina Avila contributed to this report.
Staff writer Jeremy P. Meyer can be reached at 303-954-1367 or jpmeyer@denverpost.com.
