Deceased/Not Found WA - Rachael Anderson, 40, Clarkston, 16 April 2010 - #5 *C. Capone guilty*

[Knox]

11-05-2012 ORDER SETTING CASE SCHEDULE-ACTION: Order Setting Case Schedule-Pre-trial 9 Am 12-17-12

11-05-2012 TRIAL DATE: Trial Date 9am 12-27-2012

Latest entries on the court record. Sure hope a reporter attends the trial!!!

 

[Knox]

The attorney for a Moscow man accused of assaulting a now-missing Clarkston woman is seeking a change of venue from Asotin County.

51-year-old Charles Capone is charged with second-degree assault for allegedly attempting to strangle his estranged wife, Rachael Anderson, in 2009. Anderson has been missing since April 2010.

Capone is being held at the Asotin County Jail on a $1 million, and his trial has been set for March 5.

http://www.koze950.com/2013/01/16/capones-attorney-seeks-change-of-venue-for-assault-case/

 

[Knox]

You can view the court records here ... type in his name. http://dw.courts.wa.gov/?fa=home.namesearchTerms

Our very own AR says change of venue was denied.
https://www.facebook.com/groups/116680731683607/

The wheels of justice turn so slow for the families of our victims, very sad. In April of this year, Rachael has been missing for two years.

 

[Knox]

Charles A. Capone appears in Asotin County Superior Court on assault charges Tuesday in Asotin. Judge William D. Acey granted a change of venue in Capone’s case and moved jury selection for his trial to March 22 in Dayton, Wash.

Posted: Wednesday, February 13, 2013 12:00 am

By KERRI SANDAINE of the Tribune | 4 comments

ASOTIN - A Moscow man facing a second-degree assault charge in Asotin County Superior Court has been granted a change of venue.

On Tuesday, public defender Jane Richards successfully argued that Charles A. Capone, 51, couldn't receive a fair trial in Asotin County based on the attention that's been focused on his estranged wife's disappearance. The judge ordered the trial to be moved to Columbia County, and jury selection is set to begin March 22 in Dayton.

Judge William D. Acey said the ongoing investigation into the disappearance of Capone's estranged wife, Rachael Anderson, could inflame a jury. Because Anderson is still missing and Capone is a person of interest in her disappearance, a "huge, terrible, shadow" is hanging over the case, Acey said. "I can't get rid of that here."

The Clarkston woman has been missing since April 16, 2010.

Capone is accused of trying to strangle Anderson during an alleged domestic violence incident three years ago in Clarkston, according to court records. He has pleaded innocent to the charge. Prosecutors plan to call 15 witnesses at his trial, which is expected to run March 26-29.

Asotin County Prosecutor Ben Nichols is prosecuting the case, and Acey will preside over the jury trial.

Acey cautioned Nichols to steer clear of the missing person case during the assault trial. Nichols said if it's not relevant, he won't address the subject.

During the arguments about change of venue, Nichols pointed to several high-profile cases that have been conducted in Asotin County, saying it was possible to get fair and impartial juries locally. He also discussed a recent murder case in Lewiston that wasn't moved although it garnered a large amount of media coverage and "sent shock waves through the (Lewiston-Clarkston Valley)."

Richards said inflammatory comments on Facebook, extensive media coverage and published quotes from investigating officers have the potential to influence a jury.

Nichols said with the advances in technology, people all around the world can access social media, television and newspaper websites.

"You can access the Tribune in Zanzibar and watch KLEW-TV (online) in Mozambique," the prosecutor said.

Residents of Asotin County have been hearing about Anderson's disappearance for almost three years, along with Capone's prior bad acts, arrest and court proceedings, Richards said.

Capone, who is being held at the Asotin County Jail on a $1 million bond, was present at the hearing. Also in the courtroom were Anderson's daughters, grandchildren and family friends. Capone's next court appearance is scheduled for Feb. 26 in Asotin County Superior Court.

https://www.facebook.com/groups/116680731683607/?ref=ts&fref=ts

 

[Knox]

So a change of venue was granted, the trial will be held in Dayton.

Next court appearance, February 26th.

Still thinking of you Rachael~

 

[AmandaReckonwith]

Capone has a new attorney, Mark Monson.
His PD resigned because of a conflict of interest.

Case Archive is updated.
http://s296.photobucket.com/albums/mm166/crankycrankerson/Rachael%20Anderson%20%20-ID-/

 

[AmandaReckonwith]

This is not good. I fear he will be able to get away with this.
For now, but sometimes these creeps get caught up again and get what is coming to the. (think Drew Peterson)

http://lmtribune.com/northwest/article_d26ec6f3-3ccc-5fb3-97ec-7cd1eacf87fb.html

ASOTIN - When Charles A. Capone goes on trial for an alleged assault, the prosecution can't refer to his missing wife as "deceased" or the "victim."
At a pretrial hearing Monday in Asotin County Superior Court, Judge William D. Acey ruled on several motions filed by the defense, including how Rachael Anderson will be depicted at trial.
Capone, 51, is accused of attempting to strangle Anderson on Dec. 27, 2009, just days before she filed for a divorce. She has been missing since April 16, 2010.

 

[AmandaReckonwith]

Big news.

http://lcvalley.kxly.com/news/crime...inst-capone-dismissed-fed-indictment-expected

Prosecutor Ben Nichols agreed to the contract with an expectation that a federal grand jury will hand down an indictment against Capone on significantly more serious charges sometime in April. Capone is considered a "person of interest" in Anderson's disappearance. Nichols says the most Capone could have received from the assault case - if convicted - is 6 to 12 months in jail, and he has already been held for about eight months.

 

[Knox]

Is he being charged with Rachael's murder?

 

[Knox]

"Everyone realizes this case is really about the disappearance of Anderson," Nichols told the Tribune. "Because of the limitations in the state law, I don't believe we can do Rachael Anderson justice in the state court. I have been assured the federal authorities will indict Mr. Capone, and he will face more significant punishment for his role in her disappearance in the federal court."

Nichols said the agreement was worked out over the weekend and the motions were filed Monday morning.

According to the contract, the prosecutor agrees to dismiss the charge immediately upon an indictment by a federal grand jury or confirmation by the U.S. Attorney's Office that the government is not seeking an indictment against the defendant.

The charge will be dismissed no later than May 1. If no charges are filed, Capone will be released from jail.

"Given we have assurances that the state will dismiss the charge one way or another, we couldn't argue with that," Monson said in court via telephone. "We are satisfied with the agreement, and in the interest of justice, there is no reason to conduct a trial."

The next hearing in this matter will be at 9 a.m. on May 1 in Asotin County Superior Court before Judge Ray D. Lutes.

https://www.facebook.com/groups/116680731683607/?ref=ts&fref=ts

 

[Knox]

Almost three years ago Rachael disappeared. I think of her family often and pray that they receive some type of closure. Hoping that Capone will plea bargain whatever federal charges are coming his way, and tell LE where Rachael's body is.

 

[anyoldtime48]

The most recent from KLEW.

Please God, let there be charges coming down before that May 1 deadline and keep Capone behind bars where he belongs.

And let Rachael be found.

http://www.klewtv.com/news/local/An...ainst-dismissal-of-Capone-case-199160651.html

 

[Knox]

Tuesday, April 16th will be three years, since Rachael went missing.

Where are those federal charges?

 

[SheWhoMustNotBeNamed]

Unfortunately a subscription article, but:

The estranged husband of a missing Clarkston woman was named as a suspect in her disappearance on Monday.

http://lmtribune.com/northwest/article_f61310ab-094b-502b-9fa0-e2e32080ba12.html

 

[Jules71]

I read on FB today that Capone was named a suspect on Monday! That is good to hear. Hoping for some answers soon.

Sent from my LG-VM696 using Tapatalk 2

 

[Knox]

Unfortunately a subscription article, but:

http://lmtribune.com/northwest/article_f61310ab-094b-502b-9fa0-e2e32080ba12.html

The article is posted in it's entirety at her missing facebook page. Look at the posts dated April 16th.
https://www.facebook.com/groups/116680731683607/?fref=ts

The Feds have to charge Capone by May 1. That means we should see movement in the case on Monday or Tuesday.

April 16th was the three year anniversary of Rachael's disappearance.

 

[Knox]

Capone is still in Asotin County Jail as of today. I googled and looked for a story re; federal charges and found nothing. Tomorrow is D Day!

http://m.lmtribune.com/blogs/all_points_bulletin/article_9bb479fa-b1d2-11e2-96e1-001a4bcf6878.html

 

[1forevry1]

Today is the day... was on the local news last night that he was being released.. I hope he is being released to the local Feds... and will then be re-arrested since he IS named as a suspect in her disappearance ... he seriously isn't that smart is he? They have to have found SOME THING they can pin on him. Something that sticks his butt in prison to rot in hell like he deserves.

 

[1forevry1]

1st degree murder!!

 

[Knox]

Charles Capone charged with first degree murder!!!!
Charles Capone, the estranged husband of Rachael Anderson, and David Stone, were charged Wednesday morning in Latah County with her murder in April 2010.

Anderson was last seen in Moscow, Idaho on April 16, 2010. Police have long believed she was murdered. Capone has long been considered a prime suspect in her disappearance.

In addition to being charged with 1st Degree Murder, Capone has also been charged with conspiracy to commit murder, failure to notify a coroner or law enforcement officer of a death and conspiracy to commit failure to notify a coroner or law enforcement officer of a death.

Stone is facing the same charges for aiding Capone in Anderson's killing.

http://www.kxly.com/news/north-idah...rder/-/101230/19971776/-/9tk8w5z/-/index.html