SAN ANTONIO – After a judge released Brad Simpson’s arrest warrant affidavit, which details days of surveillance and a history of domestic violence, local attorneys claimed those details may be inadmissible in court.
Brad Simpson was charged with the murder of his wife, Suzanne Clark Simpson.
“They still must prove (the) death,” local attorney Bobby Barrera said. “The question is: ‘Is she dead, or is she missing?’”
The 15-page affidavit, which KSAT and the attorneys reviewed, could come up short in a trial if prosecutors are not able to prove Suzanne Simpson’s death and what caused a potential death.
“An affidavit for an arrest warrant is hearsay,” local attorney Marissa Giovenco said. “It’s based on the officer’s statements on paper to judge. However, not everything in an arrest warrant is admissible in trial.”
The affidavit against Brad Simpson describes multiple surveillance videos with some of them showing Brad Simpson after his wife’s disappearance. The affidavit stated the footage showed Brad driving with three large trash bags, a heavy-duty trash can, and a “large bulky item” wrapped in a blue tarp the day after her disappearance.
“From my reading of this affidavit, there’s going to be a significant number of witnesses who need to be called just to get the evidence before the jury for their consideration,” Barrera said. “These affidavits are never this lengthy. The reason they’re this lengthy is because they have no direct evidence that he did anything.”
The affidavit also stated criminals will “commonly conceal, transport or disguise their victims in a manner described above to avoid detection by law enforcement purposely.”
“There’s nothing in this affidavit that shows his criminal intent, and without showing criminal intent, there’s no way they’re going to prove a murder in this or any other case,” Barrera said.
The affidavit explains that Suzanne Simpson confided in her banker about abuse in her relationship in August. The information in the affidavit stated Suzanne “made an outcry of being physically abused by (Brad) and that (he) would commonly take her cell phone away.”
Information from the banker also said that “Suzanne Simpson advised her that if she went missing, to look for her in a lake.”
The affidavit added that a neighbor saw a physical struggle between Suzanne and Brad the night she was last seen. The neighbor said he “heard screams” and then, an hour later, Brad’s truck started up and left the area.
Barrera explains the challenges of making these details admissible in court, noting that this wouldn’t be the first high-profile case with extensive public information where the defendant could potentially be found not guilty.
“The most famous case of an acquittal with extraordinarily horrible circumstances was Casey Anthony. That child was found bound with tape around her mouth, decaying in a field buried in leaves,” Barrera said. “At the end of the day, she was acquitted because despite everything she did after this child disappeared … 12 people on that jury determined that the state never proved she caused the death of this child.”
KSAT also revealed that Brad Simpson told a family court that his wife was probably in Austin with friends while appearing via Zoom from jail for a Child Protective Services hearing in Bexar County Children’s Court on Oct. 29.
It is unclear what will be admitted in court in the case against Brad Simpson.
However, the search for Suzanne Clark Simpson continues.
Read more about the case: