When I think of the Peoples Motion to Dismiss -- more specifically the following words in the motion: ...
As a result, the People cannot safely excavate this area and resolve this unanswered question....
I'm reminded of the MI case last year of missing student Brendan Santo who went missing on Oct 31, 2021, and was not recovered from the river behind a dorm until January 2022.
Although investigators believed the victim was likely trapped beneath ice at a log jam, it wasn't until a private investigator (using underwater cameras and surveillance equipment) had an image of the body underwater at the log jam that LE physically recovered the remains from the given location.
For weeks there had been much criticism of the county sheriff for not searching and/or recovering the body sooner but for 80 days the explanation was similar -- authorities did not believe they could
safely navigate a boat or divers into the water during that period (i.e., risking lives) versus entering the water when they had the actual location of the body.
In other words, state investigators are not necessarily free to roam as they please but also have to answer to state bureaucracy with their finger on risk analysis and taxpayer-financed claims. MOO
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/2022-04-19 08-49-34 Motion to Dismiss Without Prejudice.pdf
Body believed to be missing GVSU student found in Red Cedar Riverr