I agree with you, motherof5. I remember very well when the girls disappeared and how awful the whole thing was. Worse was never knowing what happened to them. Forty years later we are still waiting for answers that hopefully are forthcoming. As far as the financial costs being incurred with the searches in Bedford County, Virginia. If the girls remains are located and recovered would it be possible to hold those accused for the financial liability incurred and have them reimburse agencies involved, including the Bedford County Police Dept, the Montgomery County Police Department, the FBI, Liberty University, Radford University, etc.?... And, jumping forward, if people are charged in this case (criminal charges), could the Lyon family also file a suit against them for 'wrongful death' (civil charges). Perhaps Richard could give us his educated opinion here.
The main focus of this investigation is to locate the bodies of Sheila and Katherine Lyon. Of course, we are all hoping for a resolution in this long unsolved case and closure for the Lyon family.
Legally speaking, finding the Lyon sisters and determining what happened to them is essential to prosecution of anyone. While there have been some successful murder prosecutions in the absence of a body, they are somewhat rare. In those few cases of successful prosecution without a body, there has to be significant other evidence which proves that a murder has been committed. An example would be finding a vehicle containing so much blood (matched to the victim) that the person could not have survived. Or photographic evidence, perhaps supported by eyewitness testimony, etc.
Even WITH a body, in this case, circumstantial evidence would be needed to associate the crime with the perpetrator. In this case, of course, IF the bodies are found on property owned by Richard Welch, he would be a strong suspect in their abduction and murder, but prosecutors would still need to place him at the scene, and establish other factors tying him to the actual crimes charged.
Civil Laws are different and separate from Chriminal charges or convictions - as seen in the OJ Simpson case and others. In short, anyone can sue anyone else for almost any reason. But each case has to be argued and settled on the merits. A prior criminal conviction certainly helps the plaintif, but it would not be necessary (as in the OJ Simpson case).
The Lyon family certainly would have a case against anyone who abducted their daughters, and I would think it likely and appropriate.
Law enforcement agencies would have a harder time winning a civil case, since it is their job to investigate and solve crimes and there is not as much legal precedent for such a civil law suit. A civil case COULD be made by Bedford (VA) or Montgomery (MD) Counties which paid for those investigations, but what would be the financial return?
