Affidavit: Waller confessed to father - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Affidavit: Waller confessed to father days after Jacque's disappearance

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CAPE GIRARDEAU, MO (KFVS) -

According to a supplemental affidavit submitted Monday, Clay Waller's father says Clay went to him a few days after Clay's estranged wife's disappearance and confessed to killing her.

Clay Waller had another court appearance Monday.

It was a continuance from last Thursday's detention hearing, during which Assistant United States Attorney Larry Ferrell released details surrounding the disappearance of Waller's estranged wife Jacque.

The federal prosecutor is trying to convince the judge that Waller should be held without bond because Ferrell says evidence indicates Waller is responsible for the woman's murder.

Because of federal rules, a deposition is not allowed in this type of hearing.  Instead, the judge allowed the supplemental affidavit of Waller which was provided by an FBI agent.

According to the supplemental affidavit, a few days after Jacque went missing he confessed to his father that he killed Jacque. 

Clay told his dad the hole was already dug and he buried her with a shovel, according to the affidavit.  While telling his father how he allegedly killed Jacque, he made a motion with his arm consistent with breaking her neck.  According to the document, he was crying and emotional when confessing.

James Waller Sr. told his son to turn himself in to authorities or seek psychiatric treatment, according to the supplemental affidavit.

In court on Monday afternoon, Assistant Federal Public Defender Scott Tilsen questioned the reliability of that affidavit.

Tilsen said according to some family members, James Waller Senior is an ill man in the nursing home who has not only physical ailments, but moments where mentally he is not a rational person.

That statement prompted comments from JC Waller, Clay Waller's son. The 19-year-old has not spoken publicly about the case until now.

JC Waller told Heartland News reporter Crystal Britt that he goes to see his grandfather, James Waller, on a weekly basis and says he is mentally sound.

JC Waller also wants to thank those who have supported him, and the Waller triplets during this difficult time.

[Read the supplemental affidavit (pdf)]

[Read the affidavit and pages of Jacque's diary obtained September 8 (pdf)]

The judge has not decided on a bond yet and will most likely make that decision in the next couple of days.

Clay Waller, who remains in custody in Pemiscot County, will make his next court appearance on September 29, 2011.

Jacque Waller has been missing for nearly three and a half months.

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