Can You Be Charged With Murder in Florida If There’s No Body?

In early November, a federal grand jury indicted a Florida businessman on charges that he murdered his wife. What makes this case notable is that prosecutors do not have a key piece of evidence common to homicide cases–a body. According to the Associated Press, the alleged victim, a Spanish national, was last seen in Madrid in early February.

The United States Attorney’s office in Miami believes the defendant kidnapped his wife from Madrid and killed her. The AP reported the government’s case is entirely circumstantial at this point. For example, there is surveillance video footage taken from a hardware store in Madrid on the day of the alleged victim’s disappearance, which shows a “man in a motorcycle helmet” purchasing duct tape and spray paint. Spray paint was subsequently used to disable a security camera in the alleged victim’s apartment building.

Prosecutors believe the defendant was the man in the motorcycle helmet and, based on rental car records, drove from his native Serbia to Madrid to kidnap and kill his wife. The couple was in the midst of what the AP described as a “contentious divorce while fighting over millions of dollars in properties.”

Florida Man Serving Life Following Neighbor’s Disappearance

You might be thinking: Can you really prosecute someone from murder without a body? The short answer is yes. There is nothing in either state or Florida law that requires a body to pursue a murder charge.

Of course, the government still has to prove that a murder occurred “beyond a reasonable doubt,” This can be done entirely through circumstantial evidence. Just as you do not need an eyewitness who saw the defendant kill the victim, in some cases you do not even need the victim’s body.

While “no-body” murder cases are rare, they can succeed. In a case out of Florida, State v. Barrow, prosecutors charged the defendant with murdering his neighbor without ever finding his body.  The victim attended a party at the defendant’s home one evening. Other attendees said the victim and the defendant were left alone in the house at one point, although there was nothing to suggest any violence between them.

The victim was never seen again after the party and her body was never found. Prosecutors subsequently built their murder case on testimony from a witness who said the defendant confessed to killing the victim to her. There was also blood found in the defendant’s van, which a forensic expert testified at trial likely belonged to the victim.

This was enough to secure the defendant’s conviction. Although the Florida Supreme Court later reversed the conviction due to a procedural error made by the trial judge, a second jury again found the defendant guilty of the “no-body” murder. The defendant received a life sentence, which he continues to serve to this day.

Contact a Fort Lauderdale Homicide Lawyer Today

While no-body murder cases may be uncommon, the important thing to remember is that prosecutors can build a successful criminal case with incomplete or circumstantial evidence. That is why, if you’re facing such charges, you need to work with an experienced Fort Lauderdale homicide lawyer. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Sources:

apnews.com/article/florida-spain-murder-charge-wife-9dd1e0e87b81e5f14a3a8e1be095484d

scholar.google.com/scholar_case?case=16686682790173161446