Interview with Commonwealth Attorney, Anton Bell.
6th March
Presenter: During the hearing you did mention that Codi is missing and presumed dead. Any updates at all you have? That's what this is really all about. It's about Codi and finding him, figuring out what happened to him. Any updates at all on the search and investigation into his disappearance?
Anton Bell - What I can share with you is that so many avenues were exhausted, concerning the search for Codi. He is a 4 yr. old, who according to his father disappeared in the middle of the night, and just went outside in the snow. And there's not evidence to confirm that, or even to corroborate that. And, as you can well imagine, that was back in January, 21st of 2022. We're now here in the first week of April and there is absolutely no signs of him. In law enforcement, when we go this long and there has been absolutely no sign of a life of the person of which you're looking for, particularly at this young age, there's a tendency to believe that person is deceased. And everything right now, that we've found thus far is pointing in that direction.
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Presenter asks Bell about the arguments they put to the court against releasing Cory)
Anton Bell - Under Virginia law when you are determining whether a person is eligible for bond, there are several factors that can be taken into consideration. The two main factors are whether that individual is a flight risk, and whether that person is a danger to the community. So the defense obviously trying to offer to the court that Mr Bigsby was not a flight risk or was a danger. And they tried to bring up his military background and his career, stating the he had a stellar career. I was able to obtain his military history. And I was able to show the court through his military history, that not only did he not a stellar career, but his career involved a AWOL, and was at the very very end of his career, so they allowed him to go ahead and retire. However, during the evidence, it was shown that instead of this individual saying there was a miscommunication with higher ups and it was only a 4 day weekend. He was actually missing for more than 4 weeks, and while they thought he was in Germany, where he was stationed, he was actually back in the states in New Jersey, and had been there for quite some time and in addition to that, when talking to his commanders he stated that he was currently in Germany with his wife celebrating, I believe it was a birthday. And the facts from that AWOL hearing showed or determined that he actually caught a flight from Aguirre Air Force base days later, so there was absolutely no way in the world that he was actually in Germany. So it was a few things in his military background that we were able to show that this is the person, not only would not obey commands and would not obey court orders if given. However, he had this deceptive background and this manipulative background and all those thing were brought out in court.
Presenter - Now there was also some disturbing allegations made by his Attorney, about the interrogation, the amount of time he was in there, the way he was treated, being denied counsel. I'd love to get your response to that and how do you think that might affect the proceedings going forward?.
Anton Bell - Here's the thing - the issue concerning how he was treated and what the officers did or did not do, those are issues for suppression. And so if they can show that the statements he gave, that in some way would show guilt towards some of these charges that are before the court were not made voluntarily or knowingly, or intelligently, or if he asked for an Attorney prior to those statements being made, then obviously they will not be able to come in and a court will supress them, which we have no problem with that.
Here's the problem - The problem is, he was read his Miranda Rights and he did waive, and all of those things were caught on video, so it's not the officers word, versus his word. It's all on video so you can't you know deceive that part. And in addition to that, any statements that he made prior...any statements that we plan to use, came prior to him invoking and asking for an Attorney, and I know he detailed like....they had been in there for many many hours. When you go through the timeline you can see that the majority of the statements were made somewhere in the neighbourhood of 12 hours, or less in the custody of the police department and FBI. So they have a hard hill to climb in reference to that. So we feel pretty confident that we'll survive a suppression hearing.
Presenter - You talk about statements. The only statements, as far as the public knows, that he's made are that the child left the house in the middle of the night and that's all he knows. Are you suggesting there are other statements here that could incriminate him, in some way?
Anton Bell - There's statements that incriminate him concerning the charges that are before the court today.
Presenter - The other thing is right now in the investigation, I think you stated as such, he's the only person of interest in this investigation. Why is that? And do you have something that suggests he's the only one? And what's in your power to perhaps get him to talk, if you believe truly that he knows something about what happened?
Anton Bell - Now that part, unfortunately I cannot disclose at this time, because it's still an ongoing investigation and they are still looking into other leads involving this case. So unfortunately, I can't go into details concerning that, but I will say given the fact that, this is public information already, we know that this defendant is the last person to see Codi alive. And that's our belief, and that is the theory in which we believe the evidence supports. So, as a result of that, that's why he's a person of interest.
Presenter - You're fairly sure that this is not a case of abduction for instance, that in fact maybe the child did wander off and then was perhaps abducted? You're fairly clear that that is not an avenue you need to be chasing?
Anton Bell - I'll just say this, the evidence does not point in that direction. The evidence points in another direction and has been pointing towards the father.
Presenter - You're pretty clear, it's looks like your very confident, he was the very last person seen with the child. So the only thing I can think of, and again you may or may not be able to answer this question is - Maybe there's a witness, do you have a witness who saw the child with him that gives you that kind of confidence to say he's the last person seen with him?
Anton Bell - Well I'll say, and again this is public information, so I don't mind sharing it. In his initial statement to the police is that he was the last person to see Codi, and that Codi woke up around 2 in the morning, and said that he wanted to go outside and play in the snow, because it had snowed that weekend and his father told him no, go back to bed. His bedroom is upstairs. The father said that he fell asleep on the couch downstairs, so anyone who would have broken into the house, remember this is a military VET of more than 20 yrs., a sergeant in the military. Anyone who would have broken into the home, would've had to pass by the father. Not only once but pass by the father twice, to go upstairs and then come back with a child. A child that does not know him and go outside, and there were no footprints or no fresh imprints in the snow when the police and the detectives arrived on the scene. So, that's just a little bit of it, but just to kind of give you a little open window into some of the things that we were able to clearly see, and kind of get a clear undertaking of what was going on.
Presenter - What's next for Cory at this point?
Anton Bell - We have a preliminary probable cause hearing which is in Virginia for a determination whether this case, or charges are going to go towards the grand jury for indictments. And if they return true bills of indictments then we will try him. And there's also the potential of new charges that may come forth as well. So right now this is still a very fluid situation, and again, because the investigation has not ended because we have not found Codi, so that's not going to end and that's going to continue, and so, if more evidence should be uncovered then we will, at that point, make decisions and determine as how to proceed legally.