Waller preliminary hearing today - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Waller preliminary hearing today

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Clay Waller appeared in court on June 4. Clay Waller appeared in court on June 4.
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JACKSON, MO (KFVS) -

Prosecutors prepare to make their case against Clay Waller Wednesday. Waller will go before a judge in Jackson for a preliminary hearing on charges he murdered his estranged wife Jacque Waller. Waller went missing in June of 2011.

Meanwhile, as prosecutors work to strengthen their case, Morley Swingle recently filed two new briefs. One, regarding the hearsay rule and testimony of two witnesses that Jacque Waller, minutes before disappearing, told them she was on her way to meet with Clay Waller to pick up her son.

The other titled: '"No Body, No Problem" asks the court to overrule any claim of insufficiency of evidence on the grounds of the lack of a body. It also cites the work of Thomas DiBiase, a former Assistant U.S. Attorney who has created a website and a list of successful "no body" prosecutions. The list includes 356 cases in 48 states.

"I feel most of these cases have a three things in common, good forensic evidence, and a confession to law enforcement, and also a confession to family or friends," said DiBiase. "That does not mean you can't get a conviction otherwise, but those are key elements."

Other legal experts like Southern Illinois University Law Professor William Schroeder says a murder conviction is still possible even with no body.

"All you really need is proof of death," said Schroeder.

Meanwhile, DiBiase says no doubt the Waller case appears to be a difficult one. He says he expects Waller's defense team to try and prove that Jacque is still alive.

"In this case I feel like that's a bad defense," said DiBiase. "I think no one will believe Miss Waller walked away from her three triplets. I think everyone will believe something bad happened to her."

DiBiase also weighed in on the decision to charge Waller now, instead of holding out hope that Jacque could be found.

"In this case the prosecutors may think the evidence isn't going to get any better," said DiBiase.

Meanwhile, Jacque's friends like Blye Galemore say they know the case is tough, but they are confident.

"We have total faith in our prosecutors and law enforcement," said Galemore. "We know what happened to Jacque and we will continue to search for her and do everything we can to bring her home."

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