SAN ANTONIO – Brad Simpson’s attorneys are attempting to force prosecutors’ hands to present the evidence against him or dismiss his murder charge.
On Nov. 7, investigators charged Simpson with the murder of his wife, Suzanne Clark Simpson. However, her body has not been found. Some legal experts have said some evidence in the pages-long affidavit may not be admissible in court.
Simpson has not yet been indicted — meaning that a grand jury still has not reviewed the evidence presented by investigators to determine whether there is enough to move forward with the case.
A motion filed by Simpson’s attorneys on Thursday formally asks for an examining trial, or a hearing in which prosecutors must bring in witnesses and prove there is enough evidence to clear the burden of probable cause for a murder charge.
“In the event the State fails to present sufficient evidence to support a finding of probable cause by the court, (Brad Simpson) be discharged from further restraint of his liberties,” the motion reads.
Former Bexar County District Attorney Nico LaHood told KSAT that the motion is not normal in all cases.
“Usually, the state just rushes an indictment when a motion for examining trial is filed. But it can be a good defense strategy in this kind of case or when the investigation is still ongoing,” LaHood said.
Simpson remains in jail on a $3 million bond and a federal detainer for an illegal firearms charge.
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Brad Simpson’s attorneys also filed a request to see any evidence the state has gathered in the case.
That includes:
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Written and recorded statements from Brad Simpson or any witness
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Physical evidence
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Pictures and videos
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A potential witness list
Read more reporting on the KSAT Investigates page.