SAN ANTONIO – It has been more than two weeks since Suzanne Clark Simpson was last seen, with authorities continuing their search, but the search has now turned into a recovery operation.
As the investigation stretches on, legal questions arise about the possibility of prosecuting a suspect in a murder case when the victim’s body is never found.
Former prosecutor and current defense attorney Marissa Giovenco explains that such cases present significant challenges in court.
“It is a very hard task, almost near impossible to do,” Giovenco said, noting the difficulties involved in proving a person is dead without the body as evidence. “In a murder trial, you not only have to prove how a person was killed and the method, but also that they are actually deceased.”
The absence of a body creates a substantial hurdle for prosecutors, but Giovenco stressed that while it is challenging, it is not impossible.
Currently, a local case is set to go to trial involving Reyes Gallegos, who was charged with the 2021 murder of his wife. Her body has never been recovered.
According to an arrest affidavit, surveillance footage captured Gallegos entering his home with shovels, contractor-duty trash bags, a chainsaw, and cleaning supplies shortly after his wife’s disappearance.
Giovenco said cases like these are evaluated individually, and sometimes circumstantial evidence may be strong enough to convince a jury of the victim’s death.
“Each case has to be looked at individually on how we believe we can prove that the person is actually deceased and how it happened,” Giovenco said.
While law enforcement continues the search for Simpson, the legal system remains focused on ensuring proper evidence is gathered for a potential trial. Giovenco emphasized that a thorough case must be built to secure a conviction.
“From the public safety side of things, we don’t want people to be getting away with murder, but we also must uphold the legal principle that everyone is innocent until proven guilty,” she said.
Gallegos is awaiting trial, which could begin next month. If found guilty, he faces up to life in prison.
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