If the poi was to be arrested today, what would he be charged with? I think that this is the issue right now. The sheriff said in one of the interviews, that even in case of an arrest, he could not guarantee anything.
If this case was capital, they need to prove premeditation. Otherwise it would be a second degree charge. If again this was capital, they would have to go through a grand jury. The person being investigated by the grand jury would most likely NOT be notified, files/ warrants (if any) are sealed. The jury may order in anyone and any additional evidence they wish to. We did not really have any witnesses here besides the neighbors, who heard the "shrill" and the "arguing noise". Since the jury would be privy to info like the time of death, they would not necessarily call in these "witnesses". No neighbors being called in means no information will leak.
However, remember that there was indeed information, that had leaked at different times including LE asking neighbors how they would avoid the security system at the S house. Also, they went back to the house, put up the crime tape and took samples from the dogs.
This MAY all be indications of a grand jury in process. When it was suggested that a grand jury may have indeed NOT indicted the subject, then LE will gather additional evidence etc.. Arresting someone "prematurely" ( that is a term the sheriff had used himself) may again jeopardize the investigation.
Again, I firmly believe the subject(s) are being investigated while I am posting this. The case needs to move from circumstantial to "better" circumstantial or to direct evidence. All my opinion of course.
Of course it is reasonable to believe LE is continuing to investigate the case thoroughly but I am not sure they are honed in on anyone but they will continue to run down leads and investigate like all LE does in every case.
I believe if they had a suspect he/she/they would be charged with first degree murder plus a charge of breaking and entering which may make it a felony murder since she would have been killed during the commission of another crime.
Every LE should say the same thing and the DA too. They cant be cocky/arrogant and say they have the evidence that will result in a conviction because they all know that determination is based solely on what the jury determines and not them. So his comment is very typical and inline with others in LE. There is no such thing as a slam dunk.
I don't know how many injuries she sustained if she was hit in the head with a hammer but I have seen several DAs prove the murder was first degree due to multiple repetitive blows being done against the victim. Each time the suspect wielded the weapon it showed they had a premeditated mindset to murder the victim and not just assault them. Its similar to DAs proving premeditation if the victim has been shot multiple times instead of once. So proving that it was first degree isn't that hard to prove. Now if they only struck her once that may be a second degree but I really doubt that happened to Dr. Teresa. Either first degree or felony murder would be qualified for a capital case. That is why the courts have ruled that premeditation can be formed in seconds and doesn't have to be a long carried out plan.
I really haven't researched how often murders like this happens in that county but if it is uncommon there is nothing stopping the DA from convening a special grand jury to hear the case. Usually a GJ is subject to be called back during the six months window before another new grand jury is empaneled. My husband was on a GJ at the first of the year and for two days they heard cases and decided whether to true bill them or no bill. But about two months later he was notified that his services were once again needed to decide two additional cases. One a murder case and one a child molestation case. Then about at the end of the six months he was called back to hear another case.
I really don't think a GJ would take this long. They are mindful that murder cases are of most importance in the communities they live in along with any type of abuse of a child.
I don't think a GJ has been empaneled to hear anything about this case. Has there been in links where the reporters have said a GJ has been convened concerning Dr. Teresa's case?
Most of the time the suspect does know a GJ has been empaneled to hear a case where he/she is the suspect. Talk travels and those who are witnesses can say they have to testify in a GJ on a particular case but they cant discuss what evidence/testimony was presented during it.
In fact I have seen cases where the defendant is arrested and after then the DA goes to the GJ to get the indictment. I am trying to think of a case where the suspect was completely unaware of a GJ concerning them and they didn't know it and am drawing a blank at the moment. The suspect can even testify in a GJ proceeding if they wish to do so but their attorney has to remain outside of the GJ room.
While I don't agree with the premise that a GJ will indict a ham sandwich every murder case I can remember the GJ did indict and we have to remember the Sheriff said he has an abundance of evidence so he would certainly have supporting evidence for an indictment if that showed who the suspect happens to be. Having said that I think he would meet the threshold easily for the GJ to indict and send it on to a court for trial. The GJ doesn't determine guilt or innocence so the probable cause is a much lower threshold than BARD in a criminal courtroom. Once a DA takes his/her case to the GJ they are convinced they have the evidence to prove their case BARD. I don't think either LE or the DA is at that stage yet in this case.
It is my humble opinion at this time... just like he said he doesn't have a POI, and until he does a GJ will not be convened.
JMO though.