US Assistant Attorney: Waller confessed to his father - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

US Assistant Attorney: Waller confessed to his father

Clay Waller (Malden Police) Clay Waller (Malden Police)

Clay Waller appeared in federal court Thursday morning in Cape Girardeau for a detention hearing on a federal charge of Internet threatening.

During this proceeding, Judge Lewis Blanton informed the court that Clay Waller has been indicted on charges of sending an email threatening physical harm to another over the Internet.

The Government filed a motion requesting that Waller be held without bond, alleging that no conditions of bond could reasonably assure Waller's appearance in court or the safety of any other person or the community.

During this detention hearing, the government worked to prove that Clay Waller is a danger to the public.

By doing so, US Assistant Attorney Larry Ferrell presented new evidence in the disappearance of Clay Waller's estranged wife Jacque Waller.

Waller has been missing since June 1, 2011. An assistant state prosecutor recently called Clay Waller a suspect in that case. However, Waller has never been charged in connection to that investigation.

Ferrell requested the court move to a long term care facility in Cape Girardeau so that James Waller, Clay's father, could testify. James Waller, Senior is reportedly in poor health and cannot be transported.

US Assistant Attorney Larry Ferrell said Clay Waller confessed to his father that he killed his wife, and buried her in a hole.

"This has been the close kept secret," said Jacque Waller father, Stan Rawson.

The court denied the request to move the hearing to the nursing home, but the judge granted the request for a deposition.

Clay Waller's attorney, Scott Reynolds, who is representing him in the current state charges he faces, has questions about the credibility of the alleged confession.

"I don't consider it a confession," said Scott Reynolds. "I won't comment about why, but I have doubts about it the more I learn about it the less credible it becomes."

The federal prosecutor submitted new information on the disappearance of Jacque Waller. The US Assistant Attorney worked to argue to the court that Waller is a dangerous man and should be held without bond.

[Read the entire affidavit including Jacque's diary.]

According to the affidavit, blood spatter was found in the defendant's home on two walls. Police also found several pieces of cut up carpet and carpet pad from a crawl space in the basement that were hidden out of view. The Missouri State Highway Patrol Crime Lab reported the blood on the two walls and blood of a piece of carpet contained Jacque Waller's DNA.

Waller told police Jacque had an accident in the kitchen which caused her face to bleed. According to the affidavit, Clay said, "she started bleeding like a....lot." He said she started to run to the bathroom, but tripped in the hallway and fell, according to the affidavit.

Waller told police he did not tell them about the blood in the house and on the carpet because "it was no big deal."

"There's a lot more evidence," says Stan Rawson. "I hope his lawyer understands the jig is up as they say, and he'll start talking."

Also released along with the 10 page affidavit, three pages of diary entries allegedly made by Jacque Waller on her work computer. There are several claims of Clay threatening her, and her children's lives.

"I was surprised by that," said Scott Reynolds. "However, in someways I should be thankful to Larry Ferrell because he went into painstaking detail outlining this evidence. I'm normally not entitled to that until charges are filed." "We have evidence too, but I don't think it's in my client's best interest to make it public."

Following the presentation of evidence on the issue of detention on Thursday morning in federal court, the remainder of the hearing was continued until Monday, September 12, 2011, at 12 p.m.

If convicted (on the Internet charge), Waller faces a maximum sentence of five years imprisonment and a fine of $250,000.

In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.

Waller's federal public defender, Scott Tilsen questioned why the government is just now bringing up all this evidence when it has been in place for the last three months.

Tilsen disagreed with the motion to continue the detention hearing.

He also showed disapproval for why his client, Clay Waller, was being held in isolation/solitary confinement in Pemiscot County.

Jacque Waller disappeared June 1. She was last seen at her soon to be ex-husband's home in Jackson.

From that moment on, Waller's parents say they knew they'd never see their daughter again alive.

"There wasn't any doubt," said  Stan Rawson.

Stan and Ruby Rawson say they refuse to give up until their daughter is found.

"Whatever happens to him happens to him," said Ruby Rawson, Jacque's mother. "We just want our daughter back."

"Our goal is to get our girl back," said Stan Rawson. "I want to be able to take those triplets over and say, you see that tombstone? It says Jacque Waller, that's your mom."

Copyright 2011 KFVS. All rights reserved.

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