Whereas here we are still waiting. Does anyone know how long this situation could continue legally? Will we still be here waiting in a year's time? 5 years? 10? 20? Are there any similar cases historically?
With the caveat that I haven't researched the crime they're charged with (which, as I understand, is relatively new), I think constitutional law or court procedure will apply to force this situation to a head. Both have a right to a speedy trial. They also have the right to waive that right. Has anyone been following the court filings in their respective cases as to hearing and trial dates?
They're also in two different situations. Until the stepfather was released on bond, he might have had incentive to push for a trial (though lawyers in general like to take their time and you don't want to rush your lawyers). He was sitting locked up in jail and has a valid defense. Might have been worth distracting the prosecutors from their investigation into the disappearance by making them try the case and risk losing, in turn losing their leverage over him. I'd recommend he consider waiving jury and going to trial before a judge, because under the law as I read it, it's legally a tough case to prove. But I would not want to be in the position of arguing to a jury that they should let the stepfather who didn't report the disappearance (and may have also caused or covered up the disappearance) go free. So you argue that to a judge instead.
But with him free on bail, the analysis changes somewhat. Delay is often strategic in criminal law, and most importantly, he is currently a free man. No matter how strong his case, you can never be confident in the outcome of a trial. So pushing for a speedy trial might just accelerate his incarceration. At his age, seems like his time today is more valuable than time someday in the future, so he might as well maximize it if he can live with the stress of the case hanging over his head.
For the mother, it seems like an open and shut case on the charges filed against her. So then you're generally just going to want to delay, unless some strategic reason not to presents itself. I don't know the sentencing range for the crime she's charged with.
This strikes me as too risky a strategy for an attorney to recommend, but just thinking as I type, there could be incentive for her to serve her sentence (if expected to be relatively short) and then leave the country back to her family. That would depend on her current immigration status (whether a conviction would allow them to revoke her immigration status and then just hold her on that after she serves her time), and whether the prosecution thinks they have enough for probable cause on another charge. If they do, they'll just arrest her as soon as she tries to leave. That'll depend on what they've seen in discovery, but it would be difficult (likely impossible) to confidently advise that the government doesn't have enough for probable cause (especially since they'll continue to investigate while she serves her sentence, so you have no idea what evidence the government will have at the time you have to advise your client on whether to enforce her right to a speedy trial...so I really don't see this happening). It would ultimately be the client's decision, though. I could certainly see being emotionally compelled to try and get back to your family asap after losing your daughter, at whatever cost. But even still, the longer it goes with the investigators not making progress, the more likely the government might be willing to plead her out on more favorable terms, so yeah, pretty much any way I look at this, she'll probably want to delay.
And the government in the meantime is trying to solve the real case, so they want more time too.
So given all that, it seems all lawyers involved will probably want to delay trial. Then it's just a matter of how long the court will allow that, but court dockets are often backed up. It's not uncommon for criminal cases to take a few years to go to trial, so it wouldn't surprise me if there wasn't much movement for another couple years (unless of course they get more evidence that allows them to move on more serious charges, or if they determine one to be uninvolved, they might plead them out).
