~

!

LOHRA L. MILLER District Attorney for Salt Lake County SANDI JOHNSON, 9548 Deputy District Attorney 111 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 MA TIER OF A CRIMINAL INVESTIGATION

) ) )

AMENDED AFFIDAVIT OF DET. DARRELL DAIN 08-04-10 CS NO. 09-2l3

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 over 15 years of law enforcement experience.

3.

Your affiant is currently investigating a kidnapping/homicide

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

l1li

will be advantageous in obtaining _

information that Joshua and/or Susan

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

7. Powell,

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

the names of Joshua Steven Powell,

8.

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 hot 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 ~ecords

and under and monthly ~

the name of Joshua Steven Powell,

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

-

investigation into the disappearance of Susan Marie Powell,

11.

Your affiant is aware that local media have done interviews with poilltial

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 financial which are utilized by' Your affiant knows from records that these

Joshua and/or Susan PowelL

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 ongoing 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

iricluding 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

--18. Records for

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

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 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.

and the policy can provide material and relevant information as to a motive disappearance of Susan Powell.
In

relation to the


23. cellular phone Your affiant advises the court that Joshua Powell utilizes the Your affiant has previously served a search warrant in relation to Joshua Powell's use of this cellular phone number and in relation to this ongoing criminal case.

24. Records

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

I

25. the

Your affiant has previously requested, by subpoena authorized through this court, for Joshua and Susan Powell which indicated _ usage at the time of

Susan Powell's disappearance.

26.

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

under the names of Joshua Steven Powell Marie Powell,

and Susan

27. Powell exist

Your affiant has been made aware that

taken from Susan Marie

Your affiant knows that these ~e
."

material and relevant to successfully complete this investigation and specifically necessary to confirm the identity of Susan Marie Powell by law enforcement

-

28.

Your affiant prays for an order of this Court to be issued to they have in their possession and taken from the person

directing them to release the _

-30. Records for

of Susan Marie Powell

29. From previous subpoenas served on the

your affiant has received

return information from those entmes

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

-

31.

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, 325, 326, 327, and 328.

As of this affidavit, three search warrant orders authorized out of Pierce County, Washington have been served_

-- -----

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 all of the search warrants, affidavits, and returns of service issued in case 09-213.

DATED this ~

day Of~A<P..I...-.3oo<...-L.()_(f_S-L.-r __

, 2010.

STATE OF UTAH County of Salt Lake

) :ss. )

SUBSCRIBED AND SWORN to before me this

___!i_ day of AU c?t (;{~T, 2010 .

.........._,,...... ,. .
tots, IIP. .......
to" 1111••
.,..

_ ..