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A cousin of Josh Powell on Tuesday spoke out about newly released search warrants in the disappearance of Susan Cox Powell, saying the documents prove law enforcement didn't have enough evidence to link the missing woman's husband to a crime.
"My initial reaction was that if they had evidence to support a murder, they should have arrested Josh outright and began due process. Instead the police sat around and did nothing while the Facebook Stasi harassed, stalked and performed acts of questionable legality against Josh," said Nathan Leach, of Texas, who along with other family members, say they understand in part what led to Josh Powell's decision to kill himself and his two children in a fiery inferno in Washington on Feb. 6.
"I believe it is quite possible that the evidence as not very strong, thus the failure to make an arrest," Leach said. "There is unfortunately no way to put Josh on trial now so that a jury of his peers can decide if the evidence supported the conclusion of murder."
Leach is the first Powell family member to speak out in defense of Josh Powell following the release of search warrants Friday by a Washington court judge.
The warrants detail the evidence West Valley City police have in the case of Susan Powell, including her blood on floor tile near a wet carpet and sofa in her home the day after her Dec. 6, 2009, disappearance and a safe deposit box note in which she warned her death may not be an accident.
Leach previously has asked police to pursue an investigation into people who posted Facebook pages related to the search for Susan Powell. Leach has claimed that Josh Powell was a victim of a relentless "cyberbullying" campaign by people who wanted to see him convicted of his wife's murder without proper evidence. The constant scrutiny of the public played a role in pushing Josh Powell over the edge and into a murderous act, Leach has said.
He reiterated that belief Tuesday, and said his family is also standing by to learn more in the case of Steve Powell, who awaits trial on May 7 in Tacoma, Wash for alleged voyeurism.
In regards to Josh Powell, Leach said, "I would have accepted a trial with three live people rather than the social media circus that was a factor in pushing Josh to end it all and take his boys with him."
Steve Powell is charged with 14 counts of voyeurism and one count of possessing an image of minors engaged in sexually explicit conduct. He has requested a jury trial, slated to be heard by Judge Ronald E. Culpepper.
The Washington attorneys representing Powell earlier this month filed a motion to suppress evidence at the trial, arguing some evidence obtained by law enforcement — including a CD containing photos from a locked compartment in Powell's bedroom — was gathered through an "overly broad" search warrant that violated his constitutional rights. An April 23 hearing has been scheduled on the motion.
Some of the photos taken from Steve Powell's home included disturbing images involving his daughter-in-law, including a folder with pictures of nude women that he had pasted the head of his daughter-in-law onto and footage he filmed by sneaking a camera under Susan Powell's dress while she was sitting at a table. Steve Powell also filmed himself masturbating to photos of his daughter-in-law, the search warrants state.
Leach said he is disturbed so many judged Steve and Josh Powell before either landed at a trial.
"I think we've always supported an "innocent until proven guilty" approach as support to Josh and Steve. Though this doesn't appear to be the case for many people, we aren't willing to watch someone's life thrown away without knowing the facts behind what they've been accused of doing," Leach said.
"I think at some point the taxpayers of Utah and Washington need to call the authorities and the politicians that supported them on the carpet and demand an explanation. This had to be an expensive investigation, and it looks like it is about to get much more expensive given some of the statements from various parties I've read in the news," Leach said.
Meanwhile, others connected to the case continued to contemplate what the evidence in the search warrants convey about Josh Powell's overall guilt or innocence in the disappearance of his wife.
Jennifer Graves, of West Jordan, who is Josh Powell's sister, said Tuesday that she'd rather not point fingers in the case when it comes to law enforcement. She said after reviewing the search warrants that she sees "an awful long list of circumstantial evidence" that may not have been enough to land her brother behind bars.
"What good is 20/20 hindsight? You can't change anything in the past," she said.
Graves said she is working on a book about her life that will focus on growing up with her father, Steve Powell, and the trauma surrounding the disappearance of her sister-in-law, Susan Powell. She is working with writer Emily Clawson, and hopes the book will be finished in a few months. So far, the two have completed six of twenty some chapters, she said.
Other members of the Powell family, including Josh Powell's brother Michael, his sister Alina and mother Terri, have remained silent in the wake of the search warrants. Terri Powell remains in Puyallup, Graves said Tuesday.
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