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Amended Affidavit of Darrell Dain

Amended Affidavit of Darrell Dain

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LOHRA L.

MILLER District Attorney for Salt Lake County SANDI JOHNSON, 9548 Deputy District Attorney III East Broadway, Suite 400 Salt Lake City, Utah 84111 Telephone: (801) 363-7900

IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH

IN THE MATTER OF A CRIMINAL INVESTIGATION

) ) )

AMENDED AFFIDAVIT OF DET. DARRELL DAIN 04-01-10 CS NO. 09-213

STATE OF UTAH County of Salt Lake

) :ss. )

I, Darrell Dain, being first duly sworn upon oath, depose and state as follows:

1.

I am a detective for the West Valley City Police Department.

2. Squad.

Your affiant is is currently assigned to the Investigations Division, Major Crimes

Your affiant is a Certified Police Officer in the State of Utah and has received his

training and certification through the Utah Peace Officer's Standards and Training Academy. Your affiant has approximately 15 years of law enforcement experience.

3.

Your affiant is currently investigating a kidnappinglhomicide

filed under West

Valley City Police Department case number 09i054602.

!'

·

4.

Terrica Powell reported to the West Valley City Police Department

that her

daughter-in-law, Susan Powell, has been missing since December 7, 2009. During an interview with the victim's husband, Joshua Powell, he informed Detectives that on the day in question, he left to go camping out in the west desert with his two children at 0100 hours. Mr. Powell gave Detectives consent to search his vehicle, which revealed the victim's cell phone inside the center console. The phone was turned off. During a consent search of Mr. Powell's residence,

Detectives found two fans set up that were blowing onto the living room sofa and carpet, and which appeared to have just been cleaned. Blood was found on the tile area _ sofa.

The victim's purse was located inside the home, and it contained her credit cards and other personal items.

5.

Detective K. Waelty interviewed the victim's four-year-old son, C.P., who told

Detective Waelty that his mother had gone with them camping and for some reason she stayed at the camp site and did not return home with them.

6. _

Your affiant believes that a review of Joshua Powell and Susan Powell's in obtaining information that Joshua and/or Susan

will be advantageous

Powell may have used at the time of the victim's disappearance.

7. 8.

Your affiant prays for an order of this Court issued to directing them to release copies of any and all under and Susan Marie

the names of Joshua Steven Powell,

On December 7, 2009, Joshua Powell was employed by

and

Susan Powell was employed by Wells Fargo Bank. Your affiant was also made aware that Susan

,

Powell had a safety deposit box at Wells Fargo Bank, and told co-workers that if she ever went missing, she left files at the office that should be given to the police.

9. _

Your affiant believes that a review of any and all

Bank records, and

records of Joshua Powell will be advantageous in the ongoing criminal investigation

into the disappearance of Susan Marie Powell, to include but not limited to any and all material and relevant documents indicating spousal abuse, both verbal and physical, journals indicating marital discord, furthermore to include any documents indicating travel, camping sites, family vacations taken in the western desert of Utah.

10. _

Your affiant prays for an order of this court issued to Bank NA, directing them to release copies of any and all

and records under and monthly_

the name of Joshua Steven Powell,

statements, safety deposit box information that are material and relevant to the ongoing criminal

-

investigation into the disappearance of Susan Marie Powell,

11.

Your affiant is aware that local media have done interviews

with potential

witnesses in this case in which they give details regarding the circumstances surrounding Susan Powell's disappearance. Your affiant believes that a review of any and all recordings obtained

by the news organizations, KUTV Four Points Media (Channel 2), KSL Bonneville Broadcasting (Channel 5), KSTU FOX Television (Channel 13), and KTVX ABC (Channel 4), will be advantageous in the ongoing criminal investigation into the disappearance of Susan Marie

Powell, to include all but not limited to uncut or original visual content of electronic, or video type media related to the disappearance of Susan Marie Powell.

,

12.

Your affiant prays for an order of this Court to be issued to the Custodians of

Records indicated above, directing them to release all uncut or original visual content of electronic, or video type media related to the disappearance of Susan Marie Powell.

13.
institutions,

By subpoena from this court your affiant was made aware of the fina which are utilize Your affiant knows from

.I y

Joshua and/or Susan Powell.

records that tltbse

institutions have been utilized by Joshua or Susan Powell within the previous 180 days, and they contain records detailing and other

transactions which can show the purchases made and locations used, and which information would be relevant and material to the ongoing criminal investigation into the disappearance of Susan Marie Powell.

14.

Your affiant prays for an order of this Court to be issued to the

directing them to release any and all records including but not limited to _ and other transactions which can show the

purchases made and locations used, and which information would be relevant and material to the ongoing criminal investigation into the disappearance of Susan Marie Powell.

15. Your affiant advises the court that a life insurance policy exists on Susan Marie Powell with the company New York Life. Your affiant knows that the original policy was

purchased in the amount of $500,000 on June 14, 2007, Your affiant believes that the application for the indicated insurance, the policy itself, as well as any notes taken by the agent who initiated and/or currently is handling the policy, contain

;

information which is material and relevant to the ongomg criminal investigation into the disappearance of Susan Marie Powell.

16.

Your affiant prays for an order of this Court to be issued to the directing them to release any and all records

including but not limited to the life insurance application, the actual policy, as well as any notes taken or obtained by the agent who initiated or currently handles the policy, and which possibly contain information that is relevant and material to the ongoing criminal investigation into the disappearance of Susan Marie Powell.

17. institution,

By subpoena from this court your affiant was made aware of the financial which is utilized by Joshua and/or Susan Powell. Your records that this institution has been utilized by Joshua or Susan and

affiant knows from _

Powell within the previous 180 days, and it contain records detailing

statements or other transactions which can show the purchases made and locations used, and which information would be relevant and material to the ongoing criminal investigation into the disappearance of Susan Marie Powell.

-


directing them to release to your affiant any and all receipts or

18. Records for

Your affiant prays for an order of this Court to be issued to the Custodian of

records including but not limited to statements or any other transactions, in the names of Joshua Steven Powell or Susan Marie Powell _ and to also include any records pertaining to

19.

Your affiant was made aware of a computer utilized by Susan Marie Powell at her

place of employment,

20. Records for Your affiant prays for an order of this Court to be issued to the Custodian of _

21. Your affiant advises the court that a life insurance policy exists on Susan Marie Powell with the company Your affiant learned from information received in

relation to the New York Life Insurance Company that another life insurance policy exists.

the policy can provide material and relevant information as to a motive
In

relation to the

disappearance of Susan Powell .


23. As of this affidavit, this court has issued the following search warrants: e-warrant

1025691; e-warrant 1025781; e-warrant 1026291; e-warrant 1026501; warrants 284, 285, 286, 288,289, and 320, 321, 322, 323, 324, and 325.

As of this affidavit, this court has issued

investigative subpoenas under the case number 09-213 to the following entities: _ Bonneville Communications; KSL; Four Points Media KUTV; KSTU Fox 13; KTVX ABC;_

On December 18, 2009 an order was entered sealing the application, order, and all subpoenas issued in case 09-213.

DATED this !9?'day

of April, 2010.

STATE OF UTAH County of Salt Lake

) :ss. )

SUBSCRIBED AND SWORN to before me this

:z,~ay

of

Ar t1 I

,2010.

NOTARY PUBLIC CAROL J. H. HOLMES
4SO South State Street Salt ~ke City, Utah '4111 My Commission Expire, February 29, 2012

___

.... S~:r_F:: OF UT~H

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