While it is the outcome nobody wants to even consider in the case of missing baby Levon Wameling, it is one for which Utica Police and the Oneida County District Attorney's office must prepare.
Officials say they have to plan for the possibility of baby Levon never turning up and if that is the case, can they even have a murder case without a body of a victim?
Police are currently on their own as the child's father, Jevon Wameling, the last person to see him on the porch of 748 Jay Street in Utica has asked for a lawyer. That means that only way police are talking to him now, is if and when they arrest him.
According to Jevon, who is no longer talking to police, nine month old Levon has already been missing for two weeks.
"After a certain period of time, there's a presumption that a person is dead if the person's not seen or anything," said Oneida County District Attorney Scott McNamara.
D.A. McNamara says his office has never prosecuted a murder case without a body. It can be done, but the long-time prosecutor acknowledges that it would not be easy.
"That makes for a weakness in the case because we would have to prove that the child is dead if we were going to charge some sort of crime against somebody for the death of the child," McNamara said.
McNamara is confident someone holds the answers that police and the child's family members seek
"Somebody knows where the baby is or the baby's body is," McNamara said. "There's no doubt in anybody's mind. It didn't just get up and walk away from the porch."
http://www.wktv.com/news/crime-reports/Missing-Baby-Levon-Whats-next-legally-211272971.html