SAN ANTONIO – A hearing for examining trial was granted and scheduled for Brad Simpson, who is charged with murder in connection with his wife’s presumed death.
The hearing, which forces prosecutors to present evidence, is scheduled for Dec. 9, according to records.
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It would be Brad Simpson’s first appearance in court if he happens to attend the hearing in person.
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 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 last week formally asked 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.
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.