Clay Waller withdraws all motions in federal court during pretri - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Clay Waller withdraws all motions in federal court during pretrial hearing

Clay Waller withdraws all motions in federal court during pretrial hearing

Source: MO Dept of Corrections Source: MO Dept of Corrections

James Clay Waller was back in federal court on Wednesday, Aug. 23.

He appeared in court for a pretrial motion hearing regarding his most recent charge of interstate domestic battery.

Waller is accused of traveling in interstate commerce with the intent to kill Jacque Waller, his wife.

The hearing began at 10 a.m. Wednesday. Time was also set aside for Thursday, Aug. 24, but will not be necessary.

During the hearing on Wednesday, Waller withdrew all prior motions in the case, including those to suppress evidence and a motion to dismiss the case. He waived his right to file any other motions in connection to the case. Waller also gave up the right to an evidence hearing.

Court documents show that by withdrawing the pretrial motions, Waller is giving up his right to receive the following documents: "internal memoranda relating to interviews and preservation of agents rough notes; disclosure of early Jencks material; disclosure of communications between government agents and jailhouse informants incarcerated with Waller; and disclosure of favorable, exculpatory and impeaching information."

Waller is due back in court on Oct. 16.

The indictment last year also states that the defendant shall forfeit to the United States all proceeds received or to be received from a contract relating to a depiction of the crime in a movie, book, newspaper, magazine, radio or television production or live entertainment of any kind.

This includes all proceeds received or to be received by Waller or any transferee from any publication of, adaptation of, or other work derived from a manuscript authored by the defendant entitled, "If You Take My Kids, I'll Kill You! The Public Confession of Missouri's Most Notorious Wife Killers."

That manuscript was obtained by FBI agents in March of 2016.

According to court documents, in the book, Waller boasts repeatedly about how his prior law enforcement training enabled him to elude the authorities and how Jacque was responsible for her own death because she sought primary physical custody of his children.

He claimed he had to put on his "police cap of consciousness" to deceive authorities and get away with murder.

According to federal court records, the book contains admissions that Waller had made up his mind to kill Jacque when she announced she was getting the divorce and taking the kids.                                                                                                                                                                                                          

In June, Waller's attorney filed a motion to dismiss the indictment on grounds of double jeopardy and violation of due process.

In 2012, Waller was charged with murder in the second-degree.

He entered a guilty plea in that case and was sentenced to 20 years in the Missouri Department of Corrections.

As part of that plea agreement, Waller cooperated with federal and local authorities to help locate his estranged wife, Jacque Waller's, remains.

Waller's attorney argues the decision to enter this agreement was based on the understanding that the matter of his wife's death would be closed and there would be no further charges.

During sentencing on the state charge in 2013, state prosecutors made it clear that the agreement between Waller and the state in no way bound the federal government or the state of Illinois. Any charges from either would be separate matters.

Jacque Waller was murdered on June 1, 2011.

Clay and Jacque were married for 17 years and were separated and in the process of a divorce at the time of her death.

Clay Waller admitted to strangling and beating Jacque on June 1, 2011 and then stuffing her body in a trash can.

He buried her in a grave he dug the day before near the Mississippi River in Illinois.

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