Court document: Prosecutor to file murder charge against Waller - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Court document: Prosecutor to file murder charge against Waller

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JACKSON, MO (KFVS) -

The Cape Girardeau County prosecuting attorney's office anticipates filing a murder charges against Clay Waller, according to a court document.

Cape Girardeau County Prosecutor Morley Swingle filed an application to obtain a video deposition to preserve Clay Waller's father's testimony.

Jacque Waller, Clay Waller's estranged wife, has been missing since June 1.

Clay Waller remains in federal custody.  The investigation is not yet concluded, and the body of Jacque Sue Waller has not yet been found.

James Clay Waller Sr. had told investigating officers that after Jacque's disappearance, his son, James Clay Waller, II, allegedly admitted to him that he had killed Jacque by breaking her neck during a fight and burying her in a hole.

According to the court document, Waller Sr. is the only person to whom Clay Waller had admitted the murder.

The application asks to obtain a deposition from Waller Sr. at a Cape Girardeau nursing home where he is bedridden and in ill health.  The prosecutor's office considers Waller Sr. an "essential witness."

Scott Reynolds, Clay Waller's attorney, will be given a copy of the police reports prior to the deposition to adequately prepare for the deposition.

If the deposition is granted, then Waller and his attorney are required to be present during the deposition.

Federal marshals have agreed to provide security for the deposition.

Swingle and Reynolds declined to comment Thursday.

Rawson family spokesperson Laura Long Helbig says that while the family is glad that Clay will be charged, they are mindful that he is the father of Jacque's children.
 
Jacque's father, Stan Rawson says, "It is our intention to continue shielding our grandchildren from knowledge of this for as long as possible. In the meantime, all we want from Clay is information on where to find Jacque. It is up to the court and jury to try him."

Copyright 2011 KFVS. All rights reserved.

[Application for deposition to preserve testimony (pdf)]

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