Cold season 1, episode 13: 4theKidzz – Full episode transcript

(Sound of traffic in Pendleton, Oregon)

Dave Cawley: Dave Lindell is a bit of a fixture in the city of Pendleton. His dad bought a small auto shop in the eastern Oregon community in 1963. Lindell Auto has been in the family ever since.

Dave Lindell: We run an automotive recycling, auto parts, y’know, scrapping, towing type business. We do a variety of things with cars, and we sell some used cars.

Dave Cawley: The Lindell Auto lot sits on the east side of town, just north of the Umatilla River. Lindell Lane, a street bearing the family name, runs along the other side.

People in Pendleton know Dave. He’s where they go when their cars break down beyond repair. So it wasn’t strange when a guy showed up at Dave’s shop looking to sell a 1997 Ford Taurus on December 23rd of 2009.

Dave Lindell: I don’t remember the circumstances except a fellow called me up out of the blue, which happens on a regular basis, and said “I want to sell a car.” And I says “yeah, we buy cars.” And he came out and the car was, and I remember when I bought it vaguely that I thought “well it’s a little nicer than what people want to get sold.”

Dave Cawley: As for the guy, nothing really stood out about him.

Dave Lindell: I dunno, maybe a 30-something, young 30s. Something like that. Looked like he had a job. Y’know, looked like he, y’know, probably, y’know, had some responsibilities and needed to get somewhere in a hurry.

Dave Cawley: Dave looked over the car. It was 12 years old at that point, but appeared to be in good shape.

Dave Lindell: It was supposed to have, be having transmission problems or something of that nature, and I don’t remember how the negotiation even went or what I paid for it but it was probably two or three or four hundred dollars, in that neighborhood.

Dave Cawley: Actually, it was less. Dave paid just a hundred bucks, then took the title and hauled the car onto his lot.

(Sound of tow truck)

Dave Cawley: Most cars didn’t stay there very for long. He’d strip the good parts, sell those, then send the rest of the wreck to be smashed into a cube. The Taurus though, stuck around.

Dave Lindell: Time went by, we sold a few parts off the car.

Dave Cawley: The taillights went. So did the front passenger door and pieces of the steering column. It was a common enough model of car and in good enough shape that the parts held their value.

Then, on September 20th of 2011, just as Pierce County deputies were preparing to arrest Steve Powell, Dave received an unexpected visit from police. Not the locals, these cops had come up from Utah. They wanted to know about the car he’d bought from Michael Powell.

Dave Lindell: And I remember at the time thinking it was kind of odd because I have a neighbor right behind me that has a car shop, named Mike Powell. Michael Powell is his real name and we do business with him on a daily basis.

Dave Cawley: That shop is called Mike’s Auto Clinic. Dave turned to his staff to ask if they remembered buying a Ford Taurus from the Auto Clinic. They shrugged. Lindell told Detective David Greco he must have bought it, since he bought cars from Mike Powell all the time.

Dave Lindell: And they looked at me kind of “so you know Michael Powell?” I remember him saying that. I says “well, my neighbor, Mike Powell.”

Dave Cawley: There was a moment of confusion on both sides. Lindell tried to figure out why these detectives from two states away were so interested in an old wreck.

Dave Lindell: Well, we dug up the paperwork, which is pretty easy. They gave me the VIN number. I went back by the VIN number. Pulled the file on the car, and I could see where the paperwork had come from and what it was. And then I started to put the picture together in my head that uh, this was to do with that Michael Powell. (Laughs)

Dave Cawley: This is Cold, episode 13: 4 the Kidzz. I’m Dave Cawley. Back after this.

[Ad break]

Dave Cawley: Michael Powell had sold his car for a hundred dollars to a scrap yard just two weeks after Susan’s disappearance.

Ellis Maxwell: An intel analyst of ours at West Valley, phenomenal intel analyst, uh, she came across this information and got it right to us.

Dave Cawley: Detective Ellis Maxwell wanted that car. His timing was impeccable. Dave Lindell had just filed paperwork with the state of Oregon to have the car destroyed.

Dave Lindell: In fact, I probably had told my guys at the time I think that if they’d come probably another three months later, it wouldn’t have been there.

Dave Cawley: Dave told the police they were welcome to go look at the car.

Dave Lindell: He told me they’re gonna bring a cadaver dog in, which they did.

Dave Cawley: The police went out to the scrapyard with the dog. Ellis told me this was a tricky situation. Most cars that end up in junk yards have been involved in injury crashes.

Ellis Maxwell: So you’re gonna have, y’know, blood and stuff like that in those vehicles. And this dog went directly, didn’t hesitate, didn’t stop at any other vehicles, went directly to Michael Powell’s vehicle.

Dave Cawley: The dog sniffed around the car, then sat down next to the trunk. That was what the dog was trained to do when it got a hit. Detective Greco returned to the office.

Dave Lindell: And they said they got a hit on it. And then they said “well, we’re gonna load that car up and take it back to Utah.” And I’m like “what?” ‘Cause it was like, I, I uh, was really kinda shocked by the whole thing.

Dave Cawley: The West Valley cops came back the next day. They wrapped the Taurus in plastic and loaded onto a tow truck.

Dave Lindell: I had to figure out what was going on so I called our police chief and says “so, can they just take this car?” And he said “yeah, you gotta give them that car.”

Dave Cawley: Just like that, Michael Powell’s car was gone. Dave Lindell was left with nothing but the money he’d made on a few parts and a bizarre, unexpected story.

Dave Lindell: I guess that’s what I got.

Dave Cawley: Dave’d followed the case of Susan Powell in the news. He’d seen the coverage a few weeks prior, when police had served the search warrant at Steve Powell’s home. But Dave never could have guessed that a key piece of evidence in the case sat on his property for almost two years.

Dave Lindell: I never really thought about Pendleton connection and that connection and this guy stopping half, I guess he stopped halfway to dump the car, so to speak.

Dave Cawley: Halfway between West Valley City, Utah and Puyallup, Washington.

When I first contacted Dave, he seemed just as surprised to hear from me as from police. In fact, he told me “I wondered how long it would be before someone looked me up.” Dave had never told his story to anyone other than a few close friends and colleagues in the auto wrecking business.

Dave Lindell: I didn’t really let it be known. I mean, I thought “well, maybe my local newspaper would be interested in that information.” But I thought “eh, it’ll look like you were just trying to get,” and I don’t really want attention about the thing. And I thought “well, you have this weird connection to this huge story in a way, but it’s probably not something that needs to be talked about a bunch.”

Dave Cawley: Dave told me it seemed odd that Michael quickly accepted his initial lowball offer.

Dave Lindell: He might have thought he was selling it to somebody who’d just run it down there and squish it right away.

Dave Cawley: Once the car was back in Utah, West Valley police tore out the rear seats and trunk carpet. They swabbed them for DNA. They also found strands of hair. They sent the swabs and the hair to Utah’s state crime lab.

Ellis Maxwell: Uh, again we thought it was a huge break.

Dave Cawley: Ellis figured it could mean game over for Josh. They would finally have the forensic evidence they needed for an arrest.

[Scene break]

Dave Cawley: Charlie Powell started the first grade at Carson Elementary in the fall of 2011. The school year wasn’t far along when Charlie suddenly missed a string of days starting on September 23rd, the day after his grandpa Steve’s arrest.

Carson elementary records list the absences as being due to a “family emergency.” Charlie and Braden had both been taken into protective custody. When he returned to school at the end of the next week, he was under the care of his maternal grandparents, Chuck and Judy Cox.

Chuck Cox: As one social worker put it, we were re-parenting them. We taught them things like sharing. (Laughs) Taking turns, instead of just grabbing for stuff. I mean, all preschoolers will grab for stuff. But the parents teach them to take turns.

Dave Cawley: Chuck and Judy were retirees. They hadn’t had young kids in the house for years. The Coxes had anticipated one day getting custody of the boys and worried about not having enough room in their house.

Dave Cawley: But you’d raised four girls, so was this like a surprise to you to suddenly have these really wild little boys in the house?

Chuck Cox: (Laughs) Well yeah. It was a challenge. It was a challenge, definitely. … Girls and boys are totally different (laughs), especially uhm, in aggressiveness and, just uh, yeah.

Dave Cawley: That remodel was continuing when the boys landed with the Coxes at the start of October, so things were a bit cramped. The addition was all framed in, but the new bedroom still needed a lot of work.

Chuck Cox: This would, this would have been their bedroom. So we would’ve had plenty of room for two bunk beds in here, or two single beds—

Dave Cawley: Yeah.

Chuck Cox: —and, and  a play, place for them to play a little bit and y’know, TV. So we made it so it would be kinda a nice place for the both of ‘em.

Dave Cawley: But Chuck and Judy also knew they weren’t at a point in their lives where they could raise 6 and 4-year-old boys into adulthood.

Chuck Cox: It would have worked much better for them to be with a family that they knew and with brothers and sisters and they would’ve learned more about social interaction and everything and a normal life.

Dave Cawley: In the nearly two years since Susan’s disappearance, the Coxes had grown close with Josh’s estranged older sister, Jennifer and her husband, Kirk. Together, they’d mapped out a plan, in which Jennifer and Kirk would eventually adopt the boys.

Chuck Cox: When we got full custody of them, then we would notify the court of our plans and get things going and explain why and let all the professionals agree this would be a good thing before we did it. And then, y’know, so we weren’t pulling anything on anybody.

Jennifer Graves: We were gonna go forward with a lot of trauma and just bringing them into our home would have created waves for my own family. And I, and we knew that. We knew that. And we were afraid in some respects of that, of what that was going to look like. But we were willing to do it because we knew that they couldn’t stay where they were and we were their best chance of healing and being in a, in a loving family situation.

Dave Cawley: The fact that Steve Powell’s arrest, not Josh’s, put Charlie and Braden in the Cox house threw a wrench into the cogs.

So too did Josh’s mom. Josh had asked his family, everyone but Steve and Jennifer, to file declarations with the court supporting his fight for custody. Jennifer begged her mom not to go along with it. But Terri sided with her son. In her declaration, she wrote Josh was a loving and engaged father. She said Charlie and Braden seemed to be thriving with him, in spite of the trauma and sadness surrounding their mother’s disappearance. Jennifer was crushed.

Jennifer Graves: I wanted them to get out of that situation and not continue to perpetuate this violent cycle that was continuing through my family. And I wanted them to, to be able to have a, a normal, loving family relationship, and as, as much as possible. Y’know they, they wouldn’t go forward with their mother or their father, umm, not that their father was being a good father, but umm, they, they were going to go forward without that. But they could have something. They could go forward and do some healing.

Dave Cawley: The first few family meals with Charlie and Braden at the Cox house were telling. They grabbed for anything on the table, showing no manners. Chuck said they’d learned to fend for themselves while living with Josh and his siblings.

Chuck Cox: They would fix for them and if the kids got something, they got the scraps at the end of the table. It’s the wolf pack and the, they leaders ate first. And that was Josh and his dad and his brother and stuff. If there’s something for the kids, good. If there wasn’t, oh well, you’re just hungry.

Dave Cawley: The boys were used to staying up until 11 o’clock or midnight. They told their grandparents they slept in the nude, sometimes with their father. The revelation caused real concern.

Jennifer Graves: There was obviously something there, some sexual abuse going on. And who knows what else was going on because we were just starting to scratch that surface.

Chuck Cox: We made ‘em wear pajamas to bed, or at least underwear (laugh) and they had to sleep in their own beds. And they weren’t allowed to, they took a bath, they had to take a bath individually because I heard this blub blub blub and one of ‘em had the other one’s head underwater, trying to drown him in the bathtub. And “oh, no no, we’re not doing that.”

Dave Cawley: Josh, meantime, worked to undermine the Coxes. He insisted Charlie and Braden not take part in any church activities. That included the Boy Scout or Family Home Evening, a program that encourages Latter-day Saints to spend Monday evenings together with their families.

Josh started mailing letters right to the Cox house daily. The state social workers told him that was not appropriate. They wanted the letters sent to them first, so they could be reviewed. Josh complied but said his sons’ emotional wellbeing depended on their receiving reassurance from him every single day.

[Scene transition]

Dave Cawley: It wasn’t unusual for James Manley to receive calls from the Washington Children’s Administration. His work as a forensic psychologist meant he dealt with a lot of cases involving crimes against children. He didn’t think much of it when he took a call from a state social worker in the fall of 2011. The social worker asked if he knew anything about a woman named Susan Powell.

James Manley: And, given my work load, and what I do for a living, I blithely responded “no.’ And I really didn’t know about Susan.

Dave Cawley: Great, that was exactly what the social worker wanted to hear. Washington law required the social workers to work toward reunification, unless there was a good reason not to. They wanted James Manley to find out if any such reason existed.

James Manley: One of the reasons they picked me is because I didn’t really have any background in it. I wasn’t following the case or anything like that.

Dave Cawley: The state hired Manley to put Josh through what’s known as a “psychological evaluation for parenting capacity.” That involved a review of his personal history — his education, his home life, his work and criminal background — as well as a battery of clinical tests and one-on-one interviews.

Social workers sent James a pile of paperwork. It included news clippings about the Susan Powell disappearance. There were court documents, both from Steve Powell’s recent arrest as well as Steve and Terri Powell’s divorce back in the 90s. They also handed over their own reports, detailing all of the interactions social workers had had with the Powell family over the previous 21 months.

James did his homework. He studied news reports about Susan’s disappearance and Josh’s actions since. Toward the end of October, he sat down with Josh for a formal interview.

James Manley: From the start it was a, a unique evaluation. I’ve done several hundred of these and Mr. Powell presented as very down-home guy with a, jeans and plaid shirt. Uh, he was understated and very low-key.

Dave Cawley: But also defensive.

James Manley: And, given the history of he and Susan and all of those proceedings, it made sense that he was defensive.

Dave Cawley: These were the questions James needed to answer: could Josh safely parent his sons? Could he disengage from his family, especially his dad? Did he have any mental illness? Would he benefit from counseling? Could he correct any bad behaviors? As a kicker, the state wanted to know if Josh had trouble with “forthrightness.” In other words, was he trying hide the truth?

James Manley: He certainly was dodgy in the interview, and of course I’m there to ask him questions about uncomfortable circumstances.

Dave Cawley: As they spoke, James noted how Josh used subtle word choices to evade his questions.

James Manley: He was fairly polished but fairly superficial in his responses.

Dave Cawley: Josh glossed over any topic that might cast him in a bad light, like the stuff from his parents’ divorce papers. He denied ever having been physical with his mom or sisters. He said he had never attempted suicide.

James challenged that, showing Josh the court declarations about his teenage suicide attempt. Josh brushed it off, saying stuff got blown out of proportion because of the divorce. Anyway, he said, it’d been so long ago he couldn’t remember the specifics. As far as James could tell, Josh had an excellent memory.

They talked about Josh’s dating history. He mentioned Catherine, the girlfriend he’d lived with for six months before meeting and marrying Susan. Josh said their relationship had ended because Catherine had dated other people behind his back. Of course, that’s not how Catherine and her now husband Dennis described her time with Josh when we spoke.

Catherine Terry Everett: He only wanted me to have him. He was ok with me talking to my family on the phone but other than that, it was just, he just wanted it to be him and his family and was, that was basically it.

Dennis Everett: I think a lot of things she spent years just kind of blocking out from her memory.

Dave Cawley: James asked Josh about his criminal history. Not the stuff involving Susan, but instead something that’d happened when Josh was a boy. Josh said he’d never been in trouble as a teen. Again, James pressed. Come to think of it, Josh said, he’d once been arrested for stealing candy from a burned-out convenience store. Candy? James challenged that. Josh conceded it wasn’t candy he’d stolen. It was Playboy magazines. And he’d spent five days in juvie for the crime.

James asked if pornography was still a part of Josh’s life. Josh said he sometimes looked at porn online, but always checked for a legal disclaimer to make sure the women involved were adults.

Josh said he didn’t use any drugs and hadn’t even touched alcohol since 1998.

James Manley: Generally in my role, you absorb rather than share. It’s not a counseling thing where you go back and forth. You just ask the questions, gather information.

Dave Cawley: James’ job was narrowly defined by the state. He wasn’t there to solve Susan’s disappearance but it did come up, because how could it not. Josh’s answers seemed well polished.

James Manley: Of course, he had probably much more experience than I talking about his wife’s disappearance and uh, those related topics.

Dave Cawley: Those “related topics” included Josh’s winter camping trip with the boys the night Susan disappeared. James figured that part of the story did have a direct bearing on Josh’s parenting abilities.

James Manley: The more I was with Josh the more I recognized that he did not see any wrong-doing of what he, of what was going on in Utah, whether or not he acted inappropriately in what he described as his camping trip in December from the house on the evening that Susan disappeared.

Dave Cawley: In Josh’s view, everything wrong with his life could be attributed to Chuck Cox and his former religion.

James Manley: He was particularly negative towards his uh, past in-laws. He kind of went on about it in almost a grossly misguided manner, approaching delusions, y’know, about the plots of the Mormons against him and so forth and these kind of conspiracy type theories, which really didn’t have a lot of basis.

Dave Cawley: The psychological tests reinforced what James heard with his own ears: Josh didn’t seem capable of seeing anything about himself as wrong.

James Manley: He had traits, narcissism, which is the perfect self. Y’know, the idea of a narcissist is they do not have the ability to see themselves as flawed. Just won’t, won’t happen.

Dave Cawley: James later came to believe that Josh’s narcissism extended to the boys.

James Manley: And so what that means is it’s like Little Josh 1 and Little Josh 2 and not my sons.

Dave Cawley: James was able to observe Josh with Charlie and Braden on a couple of occasions. He sat in on one visit the day before Halloween. A few days later, he went to check out Josh’s new place. The judge had told Josh he couldn’t have the boys for overnight visits unless he moved out of Steve’s home. So Josh rented a three-bedroom house on a quiet cul-de-sac in the community of Graham, not far from Charlie’s school.

James Manley: Meanwhile the boys, I believe it was their first time there so they were scampering around checking the house and stuff.

Dave Cawley: Josh showed the kids around, talking about all the fun they’d have together there. He’d unpacked their toys onto shelves in one of the bedrooms. The garage was still full of clutter, including moving boxes still waiting to be unpacked. James noticed a set of shelves against a back wall.

James Manley: And on the shelves were two or three roll, foam roll-up backpacking pads that you’d sleep on. Brand new. And so, when he brought the boys back from the garage to the living room and he says “see boys, here’s the pads” — he made sure I was watching — “here’s the pads that we’ll use next time we go camping.” And I thought that was pretty interesting. And, of course, I thought “well, that has to do with Susan. That has to do with faking y’know, whatever he was trying to do.”

(Sound of RC helicopter)

Dave Cawley: Josh took out a pair of remote-control toy helicopters and showed Charlie and Braden how to fly them.

James Manley: He was flying them around the house, and he was real patient with the boys. Uh so, when the lights are on, dad’s acting the good dad.

Dave Cawley: But when the lights weren’t on? Different story. Nancy from the precious stone and gem club in Puyallup wrote a letter to the lead social worker, Forest Jacobson.

Nancy: I had read about people saying “what a great dad Josh is. And this is all just unwarranted.” And, and I’m like “he’s not a great dad. No way is he a great dad.” So I had to say something. And that’s when I contacted DSHS.

Dave Cawley: Josh had been bringing his boys to the club meetings for a year. Nancy was then vice president and had observed how Josh treated the boys. She’d watched one time as Josh and Charlie were using a rock grinder. Josh couldn’t keep an eye on Braden at the same time, so he left his three-year-old alone in a corner. Braden wailed for over an hour.

Nancy: He was perfectly fine. It was like his other son wasn’t even there. He was working on the machine with, uh, Charlie and Braden was in, sobbing, crying.

Dave Cawley: Finally, someone confronted Josh and told him to comfort his crying child.

Nancy: And then, then Josh went over and like patted him and said “well, y’know, sometimes we just need to let them cry.” And I’m thinking “no we don’t.” That’s not how you parent. You don’t just let them cry.

Dave Cawley: Nancy said Josh had brought the boys out on field trips, even though she’d told him they weren’t safe for young children.

Nancy: At this point he was fully aware that he wasn’t supposed to be taking the kids on certain field trips. And then he like glazed over and he started talking about their boots. And he goes “they lost their boots. I can’t find their boots. They’re lost.” And it was like he was thinking, his eyes looked really concerned, like where did I lose these boots? So I’m, in my head, I’m thinking “maybe in Utah. Maybe down in the snow somewhere” is what I was thinking. So that gave me the creeps.

Dave Cawley: The boys were constantly getting into mischief. Nancy said Josh only seemed to care when they talked to someone out of his earshot.

Nancy: But once I saw that umm, it was Braden, he went up to a coffee pot that the spout hung over the counter. And he went up and almost turned hot coffee on his face. And his dad was just oblivious to it.

Dave Cawley: Josh wanted the judge to believe he was a great dad. Nancy thought it was an act, one that could not last.

Nancy: There’s no way. There’s no way they can act normal. Not all the time. You can’t, you can’t pull that veil over and expect it to stay there. It’s impossible.

[Scene transition]

Dave Cawley: In early November, James Manley and DSHS decided Josh’s new house would be an ok place for Josh’s supervised Sunday visits with the boys. Previously, those visits had taken place at a neutral third-party facility.

Ellis Maxwell: It’s just crazy. And I know why they did it. It’s because there were other parents in this facility that complained ‘cause they weren’t comfortable ‘cause Josh was there. So that’s why they turned around, was like “ok, well I guess they can go to his house.” And it’s nuts.

Dave Cawley: Josh wasn’t supposed to have anyone else over at the time of the visits, but Alina always seemed to be just leaving the house or dropping by with salad dressing when the visitation supervisor showed up with Charlie and Braden.

With the boys out of Josh’s control, Ellis Maxwell believed the police had time on their side. In mid-November, Ellis told social worker Rocky Stephenson that they’d found incestuous cartoon images on one of Josh’s computers, one of the ones taken from the Sarah Circle house way back in December of 2009.

Ellis Maxwell: The goal was was to say “hey look, y’know, Josh doesn’t have the kids. He hasn’t had them for some time. The Coxes have them. Clearly we can see a positive change in the children’s behavior over the course of that time. This is something that we discovered early in our investigation and we would like you to take it into consideration uh, when, uh, you take into consideration of releasing these kids back to Josh.”

Dave Cawley: But there was a problem. All of the evidence gathered in West Valley’s investigation remained under a court seal in Utah. Ellis couldn’t just hand it over without first getting a judge’s permission.

Ellis Maxwell: Because it is contraband, it is illegal, I can’t just manufacture a copy because that’s illegal and then give it to the authorities in Washington.

Dave Cawley: The Utah judge set a condition on release of those images to Washington State: it couldn’t happen, unless it appeared Washington was about to return the boys to Josh. But Ellis wasn’t able to tell the social workers that.

At the end of November, the Washington Children’s Administration decided any claims against Josh of negligence or maltreatment of the boys were unfounded. That launched what’s known as a dependency action, which would allow Josh to get the boys back, so long as he followed all of the court’s instructions.

The Washington social workers tried to pump the brakes, expecting they would receive those images from West Valley any day. They didn’t realize the pictures weren’t coming. Without the images, the social workers figured they’d have to return Charlie and Braden to their father by no later than mid-January of 2012. Washington didn’t provide that piece of information to West Valley.

As a pre-condition for reunification, a judge told Josh he and the boys needed to get counseling. The counselor they chose had no idea what was coming. During her first session with Josh, he went on a rant about the Coxes. The counselor brought in the boys. Josh told them, in front of the counselor, that grandpa was in trouble because of the Mormon police. If the Mormon police had their way, Josh said, they would arrest him, too.

A judge had explicitly told Josh he wasn’t supposed to talk about this. During another session, the counselor asked Charlie to draw a picture of a happy time. Charlie went to work with a crayon. He sketched three human figures. Two stood together within a circle, smiling. Charlie crossed them out with an X and wrote the words “don’t play with me.” The third figure was alone in another circle and appeared to be on the ground, as if dead.

Chuck Cox: The boys are talking about their mother now. The boys are finding words. The boys have said things like “daddy’s a bad man.” Charlie had said that “Chuck Cox was a bad person.” And I said “well why, why would you say that.” “Well daddy says Chuck Cox, daddy’s gonna get rid of Chuck Cox,” and this kind of stuff. And I said “I’m Chuck Cox.” “No you’re not, you’re grandpa.”

Dave Cawley: Chuck also told social worker Forest Jacobson about a time in 2010, when Braden had drawn a picture of “camping” at daycare. Braden had told a staff member at the daycare that his mommy was in the trunk.

Chuck Cox: Charlie had said something about Mormon police or whatever. If he’d said anything like that, I would say “really, have you ever seen one of these police?” “Well, no.” “Who told you about police?” “Well, daddy.” “Oh, ok.” “Can you tell me anything about?” “Well, no.” There was just something that was said that he was supposed to say and repeat and he didn’t know what they were.

Dave Cawley: The social workers made weekly visits to the Cox house. Their notes showed the boys were adjusting well to their new surroundings.

Chuck Cox: To the social workers who saw them in the beginning and saw ‘em once a week, it was watching time-lapse photography of the, of the kids and their improvements in their self-esteem and their health and their, everything was so much, each one, it’s like “wow, these are almost normal kids now.”

Dave Cawley: Tammy Forman, who’d been Charlie’s kindergarten teacher at Carson Elementary, could see the progress too when she’d run into him in the hallways.

Tammy Forman: He was a lot more friendly toward me, even though he wasn’t in my class anymore, once he lived with his grandparents. He would say hello to me and be a lot more outgoing.

Dave Cawley: Around Thanksgiving, Jennifer and Kirk Graves as well as Debbie Caldwell, the boys’ daycare provider back in Utah, traveled to Washington to spend time with Charlie and Braden.

Chuck Cox: We were talking somewhat about people they knew back in Utah and the kids were “oh, I kind of remember those people now. Oh yeah, that was a good time, we liked that.” So it was a part that had been taken away from them.

Dave Cawley: Debbie had already spoken her mind to the social workers.

Debbie Caldwell: So I called Washington child protective services and I said “can’t you do anything?” And they were like “well, y’know, if he’s not beating them, there’s nothing we can do.” … I remember after the Coxes got custody of the boys we had had a balloon gathering at the park and I yelled at the detective that was leading the, umm, investigation and I said “do everything you can to keep the boys from going back with Josh. He will kill them.” And he said “oh, you think so?” And I said “yes, I think so.”

[Scene transition]

Dave Cawley: James Manley, the forensic psychologist, completed his report on Josh in early December. It spanned 22 pages.

James Manley: There was a timeline that I had to follow. There was a court proceeding, which I think it got pushed out a little bit a couple times, awaiting the West Valley reports. Those “reports” — the pornography found on Josh’s computer — had still not arrived.

James Manley: Because of that, the data wasn’t at my disposal at the first publication in my first report.

Dave Cawley: In a nutshell, the report said Josh showed a lot of strengths as a parent, but was under a huge amount of stress. James pointed out Josh’s intense self-focus, his defensiveness and an inability to stay attentive to Charlie and Braden’s well-being. On the other hand, James noted Josh had a stable job. He’d been working from home for a company called One Red X. He also had a place of his own, no substance abuse problems and the intellect necessary to be a good parent.

James Manley: But what was really clear is that he was very attached to his sons. And I could tell that he loved his sons. And they him.

Dave Cawley: So what should happen? That was complicated. James called attention to Josh’s “unresolved legal entanglements” in Utah, saying they were a cause for concern. He suggested Josh see a therapist, one with experience in narcissistic personality disorder. He did not recommend reunification, instead saying two or three supervised visits each week would best balance the interests of both Josh and the boys.

Josh moved quickly to schedule those additional visits. He asked to have those mid-week meets happen at the home of his friend and pastor, Tim Atkins. DSHS agreed. Atkins had become something of a go-between and peacemaker between Josh and the Coxes. He counseled Josh about how to deal with his hard feelings toward Susan’s parents.

On December 19th of 2011, Josh sent this email to Tim.

Eric Openshaw (as Josh Powell from December 19, 2011 email to Tim Atkins): I wanted to send you a special thank you note for all you are doing. It is more than just facilitating visits, it is helping restore a good spirit even in a bad situation.

[Scene transition]

Dave Cawley: Shortly after Christmas, Charlie and Braden came home from a visit with Josh. Chuck and Judy were getting the boys ready for bed when Chuck glanced into the unfinished addition on the house. Contractors had been putting up drywall in what was supposed to become Charlie and Braden’s bedroom. They’d been taping and mudding seams. The mud was still drying.

Chuck Cox: Then I looked in there and, and, and saw this, little fingers had been in the mud and in the outlet. And the mud was soft enough that you could push it in the outlet.

Dave Cawley: Was that in this room?

Chuck Cox: Yeah, that was, that was that outlet.

Dave Cawley: Ok.

Chuck Cox: (Laughs) Right there. That was that outlet.

Dave Cawley: Charlie had slipped past a barricade to get into the room, unnoticed.

Chuck Cox: But he was, had been pushing the mud into the outlet. So I went out in the kitchen to ask Charlie “why were you doing that?” And he said “well, y’know, daddy had told him to”. So, “did daddy tell you to put it in the outlet?” “No.” “Well, what did dad tell?” “He told me to break things.” And I told Charlie “did you realize Charlie, you could have got shocked by doing that? And I don’t want you to get hurt.” And he, and he started crying. I said “why are you crying?” “Well, I could’ve got hurt.” (Laughs) Wait a minute. You don’t care that you were damaging something. You care that you could’ve got hurt. Yeah ok, well we still got a ways to go here but we get it.

Dave Cawley: Chuck asked the state to cancel Josh’s visitation that week. Josh went ballistic.

Eric Openshaw (as Josh Powell from December 28, 2011 email): My children apparently said I told them to do this. When I asked Charlie why he said that about me, he said the Coxes told him to say it so he said it.

Dave Cawley: Josh wrote that in an email to the social workers, his attorney and his friend Tim Atkins. He accused the Coxes of neglecting the boys.

Eric Openshaw (as Josh Powell from December 28, 2011 email): I am deeply concerned about my sons being killed by electrical shock while no one is supervising them.

Dave Cawley: Atkins responded with an email of his own the next day. He told Josh that going on the attack was not helpful. Tim scolded Josh, politely, and said he shouldn’t have sent the angry email. Atkins was trying to mediate some sort of peace between Josh and his in-laws. But Chuck told Forest, the social worker, he couldn’t ever see reconciliation happening.

In early January of 2012, the Coxes were watching a junior high basketball game with the boys. Charlie and Braden slipped away with one of their cousins. The older cousin grabbed Charlie and started to spin him around.

Chuck Cox: Charlie was being swung and Braden jumped in the middle and as he went around, that swept his feet out from underneath him and he fell down.

Dave Cawley: Braden smacked his head and ended up with a giant goose egg. Chuck took Braden to the ER at Mary Bridge Good Samaritan Hospital. A CT scan showed no skull damage, just a lot of swelling. A few days later, Chuck brought Braden back to the hospital with another injury. This time, it was a bad burn on his left foot.

Chuck told the hospital staff he’d disconnected the water heater at his house while a contractor was setting tile for the remodel. He’d boiled a pot of water on the stove, so they’d have hot water in the house while the heater was offline. He’d put a lid on the pot, then set it on the ground near the couch.

Chuck Cox: He runs around and he puts his foot on the top of the lid and it flipped inside out and he doused his foot and, and then “oh my gosh! What’s going on? How did you get into that? I had a lid on it, it was safe, it was tucked up against the couch, nobody could get to it. And it was,” well, he found a way.

Dave Cawley: To the doctor, the story sounded a bit convoluted. The nurse was skeptical, especially since it was Braden’s second time there in a week. Hospital staff put in a call to the state social workers.

Chuck Cox: Everybody who was there could say what happened and all our stories matched. And they were, there was absolutely nothing, it was just an accident, it happens. But anyhow, they wanted to interview us and do their part.

Dave Cawley: Josh also caught wind of what’d happened. He rushed to the hospital, but staff and a sheriff’s deputy met him in the lobby. They refused to let him see Braden, in part because he didn’t have custody but also because the anti-harassment order he’d asked the courts for the prior fall barred him from coming within 500 feet of Chuck.

Josh threw a fit. When he was at last was able to see Braden, he didn’t try to comfort his son. Instead, he immediately started taking pictures of the injury. Braden’s entire left foot was red. Blisters had formed on the top of the foot and around the ankle. Caretakers wrapped the burn in gauze and gave him morphine. They sent him home with the Coxes, not Josh.

That night, Josh’s attorney demanded social workers pull the boys out of the Cox house. He said it was an unsafe environment. But police and a court-appointed advocate for Charlie and Braden decided the burn was an accident.

Chuck Cox: I had done everything I could at the time to keep him safe and he just, he was just being a boy, running around and I haven’t covered everything obviously because he did get hurt.

Dave Cawley: The social workers decided Braden’s injuries proved that, at worst, the Coxes were just a bit overwhelmed.

[Scene transition]

Dave Cawley: Toward the end of January, Josh quietly updated the registration information for each of his websites. He took his own name off and replaced it with his brother Michael’s. A few days later, Michael posted his own website on a Google domain. He called it “4theKidzz.” That’s the number four, “the” and then kids spelled K-I-D-Z-Z.

The site hosted a long essay from Michael, dated January 27th, 2012. In it, he accused West Valley police of dumping millions of dollars into a campaign of harassment against his family. Michael called the department “incompetent” and “corrupt.” He mocked the searches for Susan in Ely and Topaz Mountain as charades. He denied any evidence existed to support his dad’s voyeurism arrest.

West Valley police weren’t Michael’s only target. He went on to claim Braden’s burn was no accident. He suggested Chuck and Judy Cox had intentionally inflicted the injury as a form of punishment.

Mike’s language bordered on preposterous. He said Washington child welfare workers were ignoring the “overwhelming obviousness of Josh’s superior parenting ability.” The kicker of it all though was a line that claimed everyone just wanted to “lynch” Josh. Mike wrote the attacks fell short because his brother was “squeaky clean.”

The entire point of the 4theKidzz website was to make the case that Charlie and Braden’s removal had been illegal. In addition to Michael’s essay, it included copies of court documents and emails that social workers had sent to Josh.

That peek behind the curtain caught the attention of reporters. One asked Washington’s Department of Social and Health Services for a comment. When word got back to the social workers, they were not happy. Forest Jacobson fired off an email to Josh, ordering him to explain himself. Josh was apologetic in his reply.

Eric Openshaw (as Josh Powell from February 2, 2012 email): I asked my family about the website they apparently posted and they said it is down. I re-emphasized to them that I am working hard to build bridges with the Coxes for my sons sake and they should help me do that.

Dave Cawley: Just as Michael was posting his manifesto, Pierce County Sheriff’s Detective Gary Sanders was bringing a disc to the home of forensic psychologist James Manley.

Gary Sanders: Doesn’t snow here very often and that day it’d snowed about a foot so I had to drive to his place, Dr. Manley’s.

Dave Cawley: James was expecting to see photographs.

James Manley: The detective came to my home. We looked at the slides.

Dave Cawley: That’s not what was on the disc.

James Manley: Turned out that there were no pictures. There were cartoons and computer generated sketchings.

Dave Cawley: Ellis Maxwell and the West Valley team had at last secured a judge’s permission to share those images with a select number of people, including Gary Sanders, James Manley and Washington State’s attorney general.

James Manley: Also, There were I think close to, if not 300 thumbnail slides that I had to inspect. Some of them depicted, uh, fantasy with long tails of, even appendages, of uh, alien monsters and so forth that were approaching another figure in a sexual manner.

Dave Cawley: Most concerning were computer-generated animations showing lifelike human figures involved in acts of incest.

Josh had made steady progress toward getting his boys back. He had a court date scheduled for Wednesday, February 1st.

Gary Sanders: Y’know, a judge at some point was gonna go “ok, they’ve been away. Steven’s out of the home. He’s the one, the voyeurism, you haven’t proven anything substantial as far as Josh not being a, a fit parent, so we can put the boys back.”

Dave Cawley: James drafted a follow-up to his original report. He expressed deep concern over what he’d seen. The pictures, he said, suggested Josh showed “global approval” of sex acts between adults and children.

James Manley: So that, along with the other facts that came along with that, clearly indicated Mr. Powell needed a psychosexual report, which had to do with his sexuality.

Dave Cawley: He took that recommendation to Pierce County Superior Court judge Kathryn Nelson When Josh showed up for court he looked haggard.

Gary Sanders: Each time Josh came into the court, he looked worse and worse. And that’s where our concern was, too, that he’s, he’s getting to his end. I think he came in that February thinking he was going to be granted custody back.

Dave Cawley: Josh filed a six-page declaration with the court that day. Its tone bounced back and forth, from defiant to conciliatory.

Eric Openshaw (as Josh Powell from February 1, 2012 declaration): A lesser person would fall under the intense scrutiny I am facing, but apparently my inherent resilience as a person makes it increasingly difficult for them to pursue their agendas. I am standing tall for my sons, but it deeply hurts to face such ridicule and abuse.

Dave Cawley: Josh made a veiled reference to his brother’s 4theKidzz website.

Eric Openshaw (as Josh Powell from February 1, 2012 declaration): Information was recently published by people who wanted to support me and the truth. I did not support that effort and I did not even read all of it, but what I did read was accurate. Yet it was censored from the internet due to complaints.

Dave Cawley: Yet Josh also seemed to take some responsibility for the state of affairs.

Eric Openshaw (as Josh Powell from February 1, 2012 declaration): I am sorry for my part in the conflict. … For the sake of my sons, we can all do better. I come back to my partnership for protecting my children which I hope to include a broad network of individuals including the Cox family. It is a two way street and I intend to do my part.

Dave Cawley: Josh concluded by saying he didn’t believe the Coxes should be caretakers for his sons and that it was time for Charlie and Braden to come home. That request struck Susan’s family and their attorney, Anne Bremner, as absurd.

Anne Bremner: There were a lot of other issues, y’know, about Josh and about, one of which also is, the kids could be witnesses. They’ll only say more and more as they get older. That’s a red flag too, that he should not be in a position where he’s got control of them.

Dave Cawley: But Josh’s secret stash of images are what finally tipped the scale.

Anne Bremner: He had like 400 images of cartoon incest porn on his computer.

Dave Cawley: Judge Nelson ordered Josh to undergo a psychosexual evaluation.

Anne Bremner: A lot of people say that’s what really set him off. That he had, like, a real discernible reaction at that court hearing.

Gary Sanders: And it’s a big victory on our part. Y’know, we’re like “ok, cool. Josh is not getting the boys back, the boys are staying with the Coxes. They’re good, they’re safe for now. Things are progressing in the right direction.”

James Manley: People generally don’t like talking about their sex histories. So oftentimes a sexual history polygraph is employed.”

Dave Cawley: A lie detector. And not just any lie detector, an invasive one involving a device called a plethysmograph which would gauge Josh’s physical reaction to sexual stimuli.

Ellis Maxwell: I don’t think Josh, well I know Josh didn’t know what he was up against.”

Dave Cawley: Josh went and asked another psychologist what kind of questions he’d have to face.

James Manley: Everything from when you first held hands to how many sexual partners you have, what kind of sex you had, who you had it with and so forth, masturbation and other kinds of things.

Dave Cawley: The psycho-sexual evaluation was checkmate.

Chuck Cox: That’s the point where he knew he couldn’t get out of it. He was, he was stuck. He would not stand up to a psychosexual evaluation because it’s a lie detector test. And the psychosexual evaluation is not to see if you are a pervert, but how big a pervert you are. And they can ask you any questions they want during that, just to get your reactions to stuff. And they could ask him questions about Susan. Would’ve been perfectly acceptable to ask those questions under that evaluation and hooked up to a lie detector with a few extra leads on it. (Laughs) He would not, there was no way he’s going to fake that. So he knew he could not pass that, in my mind. He knew, that was it.

Dave Cawley: His pastor, Tim Atkins, wrote an email to social worker Forest Jacobson, explaining his family no longer intended to host visits between Josh and the boys. Atkins said people were questioning his own connection to the case. It was creating problems for his church. Atkins said his family had come to realize just how little they actually knew about Josh.

Chuck Cox: But any wolf, raised by wolves is dangerous when cornered. And he was cornered … and the courts never saw him that way.”

Dave Cawley: Judge Nelson’s decision left placement of Charlie and Braden unchanged, with the Coxes. But supervised visitation was allowed to continue at Josh’s house.

Ellis Maxwell: I mean I, it’s beyond me as to why a government official, knowing what they know of the case, knowing what they know of why they took the kids, and then, and then they order this visitation to be done in this particular area, why they would allow the kids to go to the house. … Here you have an individual that is being ordered to take a psycho-sexual evaluation and you’re keeping the kids from him. But you’re going to allow the kids to go to his house for visitation. And I understand, yeah there was a social worker with the kids but, I mean c’mon. That’s just, that’s just ludicrous. But you know what? I’m not the one who has to live with it.

[Scene transition]

Dave Cawley: On the Saturday following that court hearing, Josh drove to the bank. He withdrew some cash, then transferred the remaining balance to an account belonging to his little sister, Alina. He drove to his storage unit in Sumner and spent more than hour there, sorting through his things. He loaded some of the stuff into his minivan, then went and dumped it at a recycling center. He put the unit’s key in an envelope and mailed it to Alina.

Although he’d won visitation at his house, he took Charlie and Braden’s toys and books out of his rented house and donated them to Goodwill. When he returned home, he parked his van in the garage, next to a pair of five-gallon gas cans that he’d bought from a Fred Meyer department store earlier in the week. They were both full of gasoline.

That night, Josh sent two emails to Dax Guzman, his tenant back in the Sarah Circle house in West Valley City, Utah. One explained that he was forgiving late fees on Dax’s rent. Another told Dax to cut the lock on the shed out back of the house, trash whatever was in there and use the space for himself.

Josh’s old motorcycle was also sitting out in the back yard. He asked Dax to take it to a junkyard. If he received any money for it, go ahead and keep it. Dax’s wife Mindy was the first one to see the messages.

Dax Guzman: She was actually in California. She was headed back to Utah from California. She had, she had told me that “oh, Josh just said that we could use his storage unit and we can get rid of his bike.” I’m like “wow, that’s weird, he’s being nice.”

Dave Cawley: Josh had been a difficult landlord. Dax had agreed to finish the basement in the Utah house in exchange for a break on the rent.

Dax Guzman: We’re living in the house and he’s giving us deadlines of when he wants things done. I’m like “dude, like, I’m working. I have a family. You need to,” I’m like, “if you want it done, come back and do it.” I’m like “why don’t you come back to Utah, see how you’re greeted.”

Dave Cawley: Josh never did return to Utah. The next morning, Dax received a third and final email from Josh. It simply said “I’m sorry. Goodbye.”

On the next episode of Cold.

Dispatcher (from February 5, 2012 recording): Lots of explosions heard. Unknown if it’s occupied. Flames are visible. Ladder 91 sees a huge plume and PD’s aware. Be careful.

Cold season 1, episode 12: Topaz Mountain – Full episode transcript

(Sound of office building lobby)

Dave Cawley: You could walk into the lobby of the downtown Salt Lake City office building that houses the Intermountain West RCFL without ever realizing what goes on three floors above.

(Sound of elevator doors)

Dave Cawley: Step onto the elevator and ride it up to the third floor though and you’ll come a locked door at Suite 300. A piece of laminated paper taped to the door instructs you to push the button to the right and wait for a response. Be patient, it says. It may take some time to get an answer.

Getting into the RCFL requires going through a series of key-coded doors and a metal detector. The people who work there aren’t your typical office staff. They’re federal law enforcement.

Cheney Eng-Tow: So, we’re essentially a digital forensic task force. The FBI in the, in the early-to-mid-90s started seeing the need for doing digital forensics because obviously computers, phones were starting to become more prevalent. And so they started training agents to become these digital forensic examiners.

Dave Cawley: That’s Cheney Eng-Tow, FBI Supervisory Special Agent and head of the Intermountain West RCFL. He says there are currently 16 other RCFLs like this one spread out across the country. The FBI pays for them and staffs them, but the agents assigned to RCFLs work not just on federal cases. They also help with investigations from state-level agencies and even small town police departments.

Cheney Eng-Tow: So any law enforcement agency can bring us items. They just come here, they submit it to us. We have a group of certified, uh, forensic examiners. They’re certified by the FBI. They go through extensive training. It takes about two years to become a certified examiner.”

Dave Cawley: Pretty much all of the digital data seized by police during the Susan Powell investigation ended up here at some point, in this unassuming third floor office suite.

Cheney Eng-Tow: When you have a case of the, y’know, the magnitude of the Powell case, they really needed to look at every single document, right? And it’s just time-consuming.

Dave Cawley: Some of those documents remain locked away from view behind a wall encryption, even to this day. Still, clues uncovered at the RCFL did help steer the investigation in unexpected directions.

This is Cold, episode 12: Topaz Mountain. I’m Dave Cawley. Back after this.

[Ad break]

Dave Cawley: During the first 10 days of the search for Susan, West Valley detectives served three search warrants at Josh and Susan’s home on Sarah Circle. They also served a warrant on his minivan. Each time, they came away with digital devices. By my count, that included at least seven computers, seven hard drives, five flash drives, three SD cards, two cell phones, a digital camera and a camcorder.

Here’s how the RCFL handled that kind of stuff: an investigator brought in a piece of evidence, a computer, cell phone, flash drive or whatever. The RCFL then paired up that outside investigator with one of its FBI-trained examiners.

Cheney Eng-Tow: We work with the case agent because while it’s their case, they bring it to us, we’re assisting them but we don’t know the full background of the case.

Dave Cawley: With a computer hard drive or flash drive, they made a bit-for-bit copy, called a mirror. Then, they used a hash, that’s an algorithm that provides something akin to a unique fingerprint for a device or file, to make sure the mirror exactly matched the original.

Cheney Eng-Tow: We never touch the original item, which is different than, y’know, if you have blood evidence. You, to do DNA on blood, you have to take some of that sample in order to get the DNA, umm, results. We don’t have to do that with digital evidence. We can make a verified copy, so to speak.

Dave Cawley: At the time, RCFLs used a number of different software utilities to extract information from the mirrors. In the Powell case, that usually meant a program called “Forensic Tool Kit” produced by the company AccessData. FTK, as it’s also known, examined every sector of the mirror, even the blank space.

Cheney Eng-Tow: Y’know, when you delete a file say in Windows, you’re not really deleting the file. You’re just telling the computer that that space that it took on the hard drive is now available to use again. So until that information is written over, those files could be retrieved.

Dave Cawley: And even when parts of the file were overwritten, these forensic software programs could sometimes reconstruct the rest by finding the remaining segments.

Cheney Eng-Tow: Typically when you save a file, it’s not saving it to just one sector on the hard drive. It’s gonna, it could save it in like 20 pieces. So, sometimes you could have several pieces overwritten but the majority of the other pieces remain. So you might still be able to retrieve the majority of the file.

Dave Cawley: In the end, FTK generated a report with hyperlinks, like the links you’d find on a website, that pointed to specific files. That way, the investigators could sift out anything that wasn’t not relevant to their case.

Cheney Eng-Tow: And it will actually break it out into types. Y’know like, it could be jpegs, word documents, emails, whatever types of files they are. And then after you’ve done that, you then can go through and review the files that are on there.

Dave Cawley: As you might imagine, this work required a lot time.

Cheney Eng-Tow: You can search terms with our software but in the end, that’s just going to find those terms. There may be stuff in the document that unless you look at the document, you’re not going to know whether it was really relevant or not.

Dave Cawley: The investigators had to locate the signal amidst the noise. The more noise and the quieter the signal, the harder that job became. West Valley’s records show it took months to review the computers and devices seized during those first 10 days. The most important stuff from an evidence point of view turned out to be two of Josh’s computers: an HP laptop and a Dell desktop.

As you heard in the last episode, the internet search history on the laptop was very telling. The RCFL found pictures that appeared to have been taken inside of a mine or a cave. There were images of spelunkers and news photos of a deadly caving accident that’d happened at a place in Utah called Nutty Putty Cave just a couple of weeks before Susan disappeared. Sheriff’s deputies had sealed the opening of the cave, leaving the body of a deceased man entombed inside.

The forensic software uncovered pornography on the laptop as well. It appeared to be relatively simple striptease stuff downloaded from commercial websites, nothing illegal. The images were tucked away in a temporary folder under Josh’s user account, not a likely place for anyone to look.

It’s not like Susan could have looked anyway. Here’s what she wrote in 2009, about the family’s February trip to Washington.

Kristen Sorensen (as Susan Powell from undated notes about 2009 vacation to Washington state): With Josh’s dad we drove to Port Angeles one day. … Anything involving Josh and/or his dad, were well documented via digital video and photos. … I’ve never really had access to all of our digital memorabilia.

Dave Cawley: Josh’s desktop computer was another story. The pornography found there was of an altogether different type. The RCFL found cartoon images showing characters from The Simpsons, Pokemon, The Last Airbender and other animated shows engaged in sexual acts. There were internet search strings relating to incest and to stories involving the rape of Harry Potter characters. 

They discovered all of that relatively early on in the investigation. Ellis Maxwell told me West Valley tried to develop criminal charges against Josh on two of those images, which were morphed pictures of teen celebrities Emma Watson and Miley Cyrus.

Ellis Maxwell: Y’know they’re like “oh yeah, yeah, yeah we can do that” and we presented it to them and they’re like “oh, no.” So it’s like “ok, so you just basically wanted to see what we had.” And it was really frustrating.

Dave Cawley: Ellis didn’t want to tell me which prosecutors were involved, but files I’ve obtained show West Valley and the FBI presented their case to federal prosecutors. They declined to file charges because there was no way to definitively say who’d downloaded or created those pictures.

The RCFL also found internet search strings about erectile disfunction during heterosexual intercourse. One of the external hard drives contained male-on-male pornography.

The web history on Josh’s laptop included visits to news stories about the conviction of Amanda Knox. She’d been accused of killing her roommate Meredith Kercher in Italy two years earlier.  An Italian jury had convicted her on December 5th, two days before Susan’s disappearance.

[Scene transition]

Dave Cawley: Josh Powell understood the vulnerabilities presented by his digital devices. As noted in prior episodes, he’d removed the SIM cards from both his and Susan’s cell phones before West Valley police could take them.

Cheney Eng-Tow: SIM cards these days don’t really contain a whole lot of data. In the old days they used to but not anymore.

Dave Cawley: At the RCFL, investigators also discovered that Josh had used a program called Eraser. It could securely delete files and not leave behind the traces that forensic software like FTK was designed to find. Even worse, they realized Josh had been using a program called TrueCrypt to encrypt some of his files and devices. One of the external hard drives seized from his basement office on December 17th of 2009, was completely inaccessible due to encryption.

Cheney Eng-Tow: Really what it comes down to is how long or sophisticated the password is. Because to break encryption typically you’re just doing so-called like brute force. You’re just trying combinations from dictionary, combinations of letters, alpha-numeric characters, and so the longer that password is, the longer it’s going to be before you can break it.

Dave Cawley: Josh did not use a weak password, at least not on the encrypted Western Digital hard drive taken from his basement. RCFL attempted to crack it, without any luck.

West Valley police asked the makers of the FTK toolkit software to take a stab at it as well. They even sent a mirror of that encrypted drive to the Secret Service — experts in cryptography — in June of 2010, but they fared no better than the RCFL. By May of 2011, West Valley police had determined the encryption could not be cracked.

They then turned to a private vendor, a Utah company called Decipher Forensics, and asked for their help. As of October of 2017, Decipher had not been able to get past the encryption.

Cluster computing, where a series of computers are linked together and set at a single task, can speed up the process of brute forcing a password. RCFLs use that technique sometimes, but even that doesn’t always do the job.

Cheney Eng-Tow: We’ve also had ones where we’ve been using our cluster to try and break these encryption and run it for months and it’s tried billions and billions of combinations and never broke it.

Dave Cawley: The search warrant that authorized the raid of Steve Powell’s home on August 25th of 2011 made specific note of the ongoing problem posed by Josh’s use of encryption. It said more than a terabyte of Josh’s data remained locked. But that doesn’t necessarily mean that there’s one terabyte of unseen evidence in the Powell case.

Cheney Eng-Tow: But who knows. Is there something on there that is incriminating or not? You’ll never know until you actually get into it and see it.

Dave Cawley: And people encrypt files for any number of legitimate reasons: protecting bank records, personal data or private messages. Still, many people believe that cracking Josh’s encryption holds the last, best hope for finding Susan.

Cheney Eng-Tow: It’s good maybe to be optimistic like that, but in the end there could be nothing on it of value.

[Scene transition]

Dave Cawley: On the same September day that Pierce County deputies seized Josh’s back-up hard drive from his safe deposit box, a judge in Utah signed a warrant that gave West Valley police permission to start tearing into the mountain of digital data they’d taken out of Steve Powell’s home during that search warrant raid on August 25th.

In a decidedly analog twist, the detectives also took every single sticky note and scrap of paper they found in the house that might hold a password. They looked for strings of letters and numbers, or even names — kid’s names, pet names, birthdates — the things people often use as password material. And there’s a good reason for that. Strong, complex passwords are difficult to remember.

Cheney Eng-Tow: So what do people do? They have to write it down somewhere. Y’know, maybe they use some kind of password-keeping program. Maybe they just put it in a little notes in their phone. Whatever it happens to be. Y’know, some people still put it on a sticky note and put it under their keyboard, right?

Dave Cawley: The detectives realized none of the computers they’d found were from Steve Powell’s work, so they went back several days later to seize his work-issued laptop. It, like the backup hard drive Josh’d tucked away in a safe deposit box, ended up at the RCFL.

The forensic review of the computers and devices seized in Washington began in mid-September of 2011. It didn’t finish until the following summer. That timeline speaks to the huge task of sifting through thousands upon thousands of files.

Computer security experts have told me one way criminals try to hide their tracks is by creating a large number of irrelevant files.

Cheney Eng-Tow: It could be either they’ve created all this digital evidence or, or it’s just that they have, y’know, like 20 computers in their house and they just have so many items. Y’know, when you have that it, it makes it much more difficult because it’s much more, it’s more time consuming. While software does a lot of the processing and stuff, it still takes that human element to go through the things and determine what’s, what’s relevant and what’s not.

Dave Cawley: Josh was a digital packrat. He’d kept scanned copies of almost every piece of paperwork in his life. You might remember he even made scanning his receipts one of Susan’s household chores. Here’s what Josh told his sister Jennifer about scanning in a February, 1999 email.

Eric Openshaw (as Josh Powell from February 9, 2009 email to Jennifer Graves): I plan to make many copies of my data and spread them around with family and friends. A lot of stuff will be encrypted for privacy, but I may leave other things useable. That way people don’t feel like it is just a chore to save my CDs.

Dave Cawley: The files on his computers included letters he’d written to and received from friends all the way back to his teenage years. There were scanned copies of birthday, Christmas and Valentines Day cards, wedding announcements, programs from weekly church meetings, high school essays, job applications and resumes, long outdated lists of phone numbers: none of these having to do with Susan’s disappearance.

Eric Openshaw (as Josh Powell from February 9, 2009 email to Jennifer Graves): I am scanning everything right now. Once I am on top of it, it will be easy to keep it up to date. I find things easily now. And when I need to move, I don’t have to lug so much paperwork. It makes a nice journal too. Maybe my descendants (or myself) will want to see what my bank statements looked like back in 1996. … A lifetime of files could possibly fit on a few CDs, if you do it right.

Dave Cawley: While conducting research for this podcast, I requested police turn over a small selection of files the RCFL recovered from Josh’s devices. Their notes indicated the files included text and audio journals produced by Josh. I wanted to know what those journals said.

West Valley police provided me with a DVD that held more than 3,500 files. Many were duplicates and irrelevant to what I wanted to learn, but finding that out meant personally reviewing and cataloging each file. You’ve already heard the fruit of much of the result of that work in earlier episodes, like Josh’s old audio journals.

Josh Powell (from March 6, 2001 audio journal): Then I got here and Susan was sitting on the couch which is kind of unusual. She usually meets me at the door. She had a blanket on her. Turns out, she’d just waxed her legs. She was waiting for me to get home so she could show me, discretely of course. We cuddled a little bit and then I ate. I just had chips with salsa and English muffin. After a little while longer of just being together, Susan did a little cleaning and I brushed my teeth.

Dave Cawley: What you didn’t hear were the hours of pointless recordings Josh made of his own voicemails.

Josh Powell (from March 29, 2001 audio recording): Thursday, March 29th, 2001. These are messages from my home phone over the last couple days.

Voicemail (from March 29, 2001 audio recording): Monday, 9:29 p.m.

Steve Powell (from March 29, 2001 audio recording): Josh, there’s a payroll check here for you.

(Beep)

Voicemail (from March 29, 2001 audio recording): Thursday, 1:00 a.m.

Susan Cox (from March 29, 2001 audio recording): I love you.

(Beep)

Voicemail (from March 29, 2001 audio recording): Thursday, 1:03 a.m.

Susan Cox (from March 29, 2001 audio recording): I love you honey. Why aren’t you answering? Bye.

Dave Cawley: That’s just a small piece of what the detectives had to review. Although it took months, new leads did arise out of that work.

[Scene transition]

Dave Cawley: They found Steve Powell’s digital journal, where he referenced Josh and Michael talking about a place called “Rattlesnake Rock.” I mentioned that back in episode 7. Detectives immediately went to work, pouring over maps and looking for any place with “rattlesnake” in the name. At the start of October, they went out to examine mine shafts on the fringe of the West Desert, near a place called Rattlesnake Pass. But just like with every other search, they returned empty-handed.

A little less than a month after the launch of Operation Tsunami, and shortly before that search around Rattlesnake Pass, West Valley police kicked off their biggest desert search of all at Topaz Mountain.

Ellis Maxwell: It was a reference I believe that we found in his writings, referencing that area.

Dave Cawley: And of course, police had Susan’s pictures from the family’s May, 2009 overnighter on the Pony Express Trail and Charlie’s comments from December 8th of 2009 about his mom staying with the pretty crystals, a possible reference to the Dugway Geode Beds or Topaz Mountain.

Charlie Powell (from December 8, 2009 police interview recording): My mom stayed where a crystals are.

Kim Waelty (from December 8, 2009 police interview recording): Where what are?

Charlie Powell (from December 8, 2009 police interview recording): Where a crystals are.

Kim Waelty (from December 8, 2009 police interview recording): The crisals?

Charlie Powell (from December 8, 2009 police interview recording): Yeah.

Kim Waelty (from December 8, 2009 police interview recording): Crystals?

Charlie Powell (from December 8, 2009 police interview recording): Yeah.

Kim Waelty (from December 8, 2009 police interview recording): Is that what you’re saying? Crystals?

Charlie Powell (from December 8, 2009 police interview recording): Yeah.

Kim Waelty (from December 8, 2009 police interview recording): Your mom stayed where the crystals are?

Charlie Powell (from December 8, 2009 police interview recording): Yeah.

Kim Waelty (from December 8, 2009 police interview recording): Is that what you said?

Charlie Powell (from December 8, 2009 police interview recording): Yeah.

Kim Waelty (from December 8, 2009 police interview recording): Ok.

Dave Cawley: I mentioned this interview with Charlie in episode 7. At the time, I didn’t have access to it. That’s obviously changed.

Kim Waelty (from December 8, 2009 police interview recording): So, so why did mommy stay?

Charlie Powell (from December 8, 2009 police interview recording): ‘Cause there was flowers and crystals that was colorful.

Kim Waelty (from December 8, 2009 police interview recording): That was what?

Charlie Powell (from December 8, 2009 police interview recording): That was colorful.

Kim Waelty (from December 8, 2009 police interview recording): Colorful?

Charlie Powell (from December 8, 2009 police interview recording): Yeah.

Kim Waelty (from December 8, 2009 police interview recording): Yeah?

Dave Cawley: Police had scoured the area multiple times before, but on September 12th, 2011 they came back in full force, with aircraft, ATVs and horseback riders.

Mike Powell (from September 13, 2011 KSL TV archive): They’re also utilizing the assistance of some specialized dogs from the Carbon County Sheriff’s Office. And those are dogs that are specialized in searching for people.

Dave Cawley: The searchers quickly cleared the geode beds and moved down the eastern side of the Thomas Range. Lieutenant Bill Merritt met with reporters near Topaz Mountain.

Bill Merritt (from September 13, 2011 KSL TV archive): Just doing a general search of this particular area. We are, uh, just following up on a couple things on our task list that need to be done and need to be completed and we’re at that point where we can actually get to it now. And we want to make sure we take care of it before the weather turns bad.

Dave Cawley: There was one other, better reason he didn’t mention: information gleaned from the wiretap.

The original plan was to wrap up the operation by September 15th, right as the wiretap from Operation Tsunami was expiring.

Bill Merritt (from September 13, 2011 KSL TV archive): There’s a possibility that we might find something out here. Now we’re not coming out here with an absolute saying that we will. Uh, but we’re just hoping, we’re fairly confident that uh, there may be something of value out here. Uh, we don’t know for sure. We may leave empty-handed.

Dave Cawley: But on September 14th, the dogs caught a scent near a road on the eastern flank of Topaz Mountain. Several of them all gave the same indication, at the same spot. A pile of rocks. It appeared to possibly be a gravesite.

Bill Merritt (from September 14, 2011 KSL TV archive): We have confirmed with several of the dogs who have indicated positively several times that it is human remains.

Dave Cawley: Back in West Valley, detectives scrambled to get a 30-day extension for the wiretap from a judge. Meantime, at Topaz Mountain, police hey started to dig. The work crept along, with detectives shoveling dirt into buckets. Forensic specialists sifted each bucket of dirt through a mesh screen, looking for any bone fragments or tissue. Each night, an officer kept a solitary vigil over the site, beneath a clear desert sky filled with stars.

Chuck Cox bought a one-way plane ticket from Seattle to Salt Lake City, then drove the bumpy dirt road out to the site.

Chuck Cox (from September 15, 2011 KSL TV archive): Yeah I’d like to, I’d like to know they found something. Uh, I haven’t heard that yet. So, they haven’t called me or anything.

Dave Cawley: It didn’t take long for police to hedge their bets. They soon downgraded their assessment to 50-50 that they’d found Susan’s gravesite. The dogs though continued to indicate on the growing pit.

Bill Merritt (from September 15, 2011 KSL TV archive): They are still indicating on human decomposition but there has been nothing that has been found thus far.

Dave Cawley: A reporter in Washington confronted Josh with word that police had found human remains at Topaz Mountain. He offered a simple “no comment.” On the wiretap, he again, seemed unconcerned.

Police allowed Chuck Cox to see the work first-hand.

Chuck Cox (from September 16, 2011 KSL TV archive): I was able to see where they’re uh, excavating and uh, that work’s going on. … They explained to me how they’re processing the scene and it’s, it, it’s very logical and it’s what needs to be done so I have every confidence in what they’re doing.

Dave Cawley: Mid-September became late September.

Chuck Cox (from September 16, 2011 KSL TV archive): I don’t know how long it will take. And I just feel that, y’know, this is a, a worthwhile investigation and a good place to be looking and I need to stay ’til we find out, y’know, what we have found here.

Dave Cawley: Finally, the excavation unearthed a number of small pieces of charred wood. No body, no bones. Police removed those cinders and when they did, the dogs lost interest. Detectives supposed someone might have burned bloody clothing or evidence on that wood. They sent the fragments in for forensic testing, but those tests came back negative. There was no DNA.

Ellis Maxwell: Y’know, we come across something that we think is gonna be beneficial for the case, it’s our big break and at the end of the day it ends up being nothing, just another swift kick in the gut.

Dave Cawley: A kick in the gut not just for police, but for Susan’s family. To this day, Chuck Cox wonders what to make of it.

Chuck Cox: I think that pit had something to do with Susan but I don’t know what if, if anything. Y’know, I, maybe it’s just me imagining it.

Dave Cawley: While at Topaz Mountain, Chuck spotted a small rock among the excavated debris. It looked different than the others, so he picked it up.

Chuck Cox: Maybe she was there at one time or they had been there at one time or something. I don’t know. So, I brought it back.

Dave Cawley: Chuck still has stone today. It sits on a small shelf in his home.

Chuck Cox: When I flew home with this in my suitcase, I just felt like, one time, this is one time I come down here and I’m taking home something that might have something to do with Susan. Versus just “yeah, we didn’t find her, go back home.”

[Scene transitioon]

Dave Cawley: Back to the aftermath of the Washington warrant. The West Valley team also had to review Steve Powell’s VHS and Hi-8 video tape collection. Detectives had to sit and watch every single minute of video.

Ellis Maxwell: My peers that had to view the material, read the material, uh, bless their hearts ‘cause, umm, y’know, he was, he was a filthy man.

Dave Cawley: The tapes ran the gamut, from boring home movie footage of family get-togethers and vacations…

Steve Powell (from 2003 home video recording): Yeah but I’ll let you, here let me just get a picture of you two. But let me get it—

Josh Powell (from 2003 home video recording): It don’t matter (unintelligible).

Steve Powell (from 2003 home video recording): —in the sun.

Susan Cox Powell (from 2003 home video recording): (Yawns) So someone just felt the need to decorate their yard?

Dave Cawley: …to voyeur clips where Steve filmed women and girls in public without their knowledge.

Steve Powell (from undated home video recording): (Breathing heavily)

Gary Sanders: He loved video taping women. Uh, he’d go to the mall and just video tape ‘em and then loop ‘em. And uh, he loved video taping himself masturbating and what he masturbated to.

Dave Cawley: Pierce County Detective Sergeant Gary Sanders spent eight years working special assault, which included child abuse and sex crimes. He told me Steve Powell’s fetishes were among the most bizarre he’d ever observed. And of course, no one figured more prominently in Steve’s fantasies than Susan.

Steve Powell (from February 1, 2003 home video recording): Anyway, just wanted to get you in that dress. That’s uh—

Susan Cox Powell (from February 1, 2003 home video recording): Yep, yep.

Steve Powell (from February 1, 2003 home video recording): —sitting at your desk.

Susan Cox Powell (from February 1, 2003 home video recording): And they always want our hair up.

Steve Powell (from February 1, 2003 home video recording): Uh huh.

Susan Cox Powell (from February 1, 2003 home video recording): So at dinner time…

Gary Sanders: In the videos that he did, he would, y’know, video, take videos of her and play ‘em on one screen and then masturbate and video tape himself masturbating to that. So, I mean, just stuff normal people don’t do. … And he’d loop a lot. He did a lot of looping where he’d play it over and over again just for his own pleasure and stuff. So he, yeah, he had some fetishes. Some crazy weird fetishes.

Dave Cawley: The detectives who did this work endured a lot. They also found something completely unexpected: images of two pre-pubescent children. Girls who’d been filmed while naked or partially clothed. The images were screen grabs from videos that had been saved onto a CD. They were contained in a folder titled “neighbors,” which held subfolders with the titles like “taking bath-1,” “taking bath-2” and “open window in back house.” They’d been captured on various days and times, as the detectives could see based on changes in lighting and what the girls were wearing.

Detectives guessed their ages as somewhere between seven and 12. They would later come to learn the girls had actually been eight and 10 at the time of the filming. It soon became clear that Steve’d shot the video with his camcorder from his bedroom on the 2nd floor of his house, looking through the open bathroom window of the house next door.

Gary Sanders: Luckily he never, or at least we don’t know of any times he actually followed through on some of his desires with young girls and stuff like that.

Dave Cawley: West Valley detectives cataloged every video that appeared to hold evidence of voyeurism or child porn, setting them aside to later provide to Pierce County. The West Valley team also started to review Susan’s journals, the ones Josh and Steve had planned to post online. The RCFL flagged hundreds of scanned pages, along with annotations and spreadsheet indexes, that Josh and his dad had created. There were drafts for future posts to Josh’s susanpowell.org website.

Anne Bremner: They basically were trying to like, just malign her.

Dave Cawley: Chuck and Judy Cox had retained high-profile Seattle attorney Anne Bremner and filed a civil lawsuit against Josh, Steve, Michael and Alina Powell the day after the search warrant raid. The cause of action was invasion of privacy.

Anne Bremner: Y’know, as a prosecutor, you would use that as evidence of guilt, right? Y’know, concocting these stories and maligning the victim. I mean, what person in their right mind maligns their wife, y’know, who’s missing, except for Josh Powell.

Dave Cawley: The Pierce County Superior Court blocked any further publication of Susan’s journals while the case was ongoing.

Anne Bremner: We got a restraining order against him too on the journals. (Laughs) Went and got a TRO.

Dave Cawley: Josh struck back. In a September 21st, 2011 court declaration, he wrote Susan was emotionally fragile because of a “troubled childhood” and said publishing her journals was the best way to understand her state of mind.

Eric Openshaw (as Josh Powell from September 21, 2011 declaration): By denying this reality, I believe the Coxes are actually hindering a legitimate search effort and harming Susan’s emotional state since being misunderstood and manipulated by her parents are at the core of her emotional issues.

[Scene transition]

Dave Cawley: As Josh fought in court over Susan’s journals, West Valley police were reading Steve’s journals. In the very earliest entry he wrote not about Susan, but instead a woman named Lydia. Steve had briefly interacted with her at a work conference and daydreamed about what his life would be like if they were to marry. If Lydia’s name sounds familiar, it’s probably because Steve wrote songs about her.

Then, there was a huge gap. Time jumped forward to January of 2003, where Susan made her first appearance.

Ken Fall (as Steve Powell from January 5, 2003 journal entry): In many ways my life has seemed out of control. My biggest problem as well as my greatest pleasure lies in the fact that for over a year I have been madly in love with my daughter-in-law, Susan.

Dave Cawley: Most of the rest of the more than two-thousand pages contained in those journals dealt with Susan in one way or another. He wrote openly about many of the disturbing behaviors we’ve already talked about.

Ken Fall (as Steve Powell from May 7, 2003 journal entry): I imagine my obsession with her, my accumulation of her pictures and underwear, will seem nasty or perverted to some future reader, perhaps a descendent of mine and of Susan’s, but I am not inclined to hide the depth and power of the desire I feel for her.

Dave Cawley: He went so far as to describe in detail how he’d stalked Susan.

Ken Fall (as Steve Powell from June 25, 2003 journal entry): Susan got off work at 9:00, and I was waiting, “concealed” near her car. When she was about 100 yards away I started filming, and got her walking all that way, with closeups of her legs, etc. … I was kind of making a pretense of hiding, but I knew she knew I was stalking her, and I knew she liked it.

Dave Cawley: Steve expressed agony when Susan moved away to Utah. He showed anger that she could lead him on and then just abandon him. Always in his mind, it seemed, Susan was the instigator. She, he felt, was responsible for his thoughts and actions.

Steve often reflected in his journals about the poor state of Josh and Susan’s relationship.

Ken Fall (as Steve Powell from December 12, 2003 journal entry): Theirs is truly a marriage made in hell. It’s hard to believe that two people could be so nasty to each other before they have even celebrated their third anniversary … In public they look like the loveliest couple, but in private they have no respect for each other, and little love.

Dave Cawley: Steve rooted for an all-out collapse and divorce, on the assumption it would open a path for he and Susan to live together.

Ken Fall (as Steve Powell from October 2, 2003 journal entry): At best, Josh is indifferent about her. At worst, he dislikes her intensely, but tolerates her because she is a good piece of ass, and she keeps money coming in.

Dave Cawley: I’ve read all of these journal entries and a reader comes away from Steve’s journals with the impression that he didn’t much care for Josh. Privately, Steve mocked his son’s inability to hold a job and complained about the way Josh took advantage of people, including his own siblings, to achieve his financial ends. Steve also recognized, at least in some form, that his thoughts and feelings were abnormal. He even said they were akin to alcoholism.

Ken Fall (as Steve Powell from May 18, 2005 journal entry): I feel like I am letting my entire life slide, my bills, my job, my personal life. I am not responding to customers in a timely way, I am getting phone calls about bills I have not paid, I have not done my taxes for two years.

Dave Cawley: Steve’s pursuit of Susan had derailed every ambition in his life, with the exception of his music. He spent thousands of dollars on a keyboard and recording console, in the belief that his songs held the power to win Susan’s heart. He fancied himself a maestro.

(Sound of Steve Powell’s music)

Steve Powell (from song recording): The sun didn’t shine in Seattle this morning. What did you expect? Hey, what’s new? But I saw a new light…

Ken Fall (as Steve Powell from April 24, 2005 journal entry): I think my “Light of Seattle” has a good chance of being in the common repertory, along with “New York, New York” and “Chicago is My Kind of Town,” as the song about Seattle.

Steve Powell (from song recording): The light of Seattle is you.

Dave Cawley: The entries grew increasingly bizarre as detectives continued to read. Steve spelled out his belief that he and Susan shared a psychic link. In his mind, this meant they became aroused at the same time, regardless of where the other person was. His body, he explained, could be poisoned by a build-up of testosterone if he didn’t act out his sexual fantasies.

Some of the most deeply disturbing journal entries though dealt not with Susan, but with Steve’s oldest child, Jennifer. He made veiled references to an “experience” he’d had with Jennifer when she was a young girl. He wondered if Susan gave her own father similar “thrills.”

In her book “A Light in Dark Places,” Jennifer shared a story about Steve exposing her to pornography when she was still a child. He’d taken Jennifer on a road trip and punched up the video while they were alone together in a motel room.

Jennifer told me her co-writer, Emily Clawson, for helping her work through those traumatic memories.

Jennifer Graves: And just face those, uh, situations that I’d had in childhood, honestly, that I had not, I’d just walked away from. I tried to just block them out. But honestly, if you’re just trying to block ‘em out, they’re still there. You gotta go through it and work through it and face it eventually. And that was, that was one of the things that was so good about writing the book was for me personally to be able to go through that and face those things. And that was very, it was very therapeutic.

Dave Cawley: As Josh and Susan’s marriage bottomed out in 2008, Steve cheered on the failure.

Ken Fall (as Steve Powell from June 26, 2008 journal entry): It is painful to me to be so in love with her and to want her so badly while she says she is committed to a marriage to someone who despises her. … I am also vain enough to think that she stays with Josh partly because she is in love with me.

Dave Cawley: Yet, he also worried about what Josh might do.

Ken Fall (as Steve Powell from July 1, 2008 journal entry): Josh hates her so much he even wishes she were dead. He even talks about it occasionally, fantasizing that she might have an accident. That worries me too, since couples who die in murder-suicide are not that rare.

Dave Cawley: After Susan’s disappearance at the end of 2009, Steve’s journal entries shifted to focus on his theory that she “absconded” — his word — with a secret lover. His tone became angry, especially during rants against the media, the church and the Cox family.

Ken Fall (as Steve Powell from August 4, 2011 journal entry): Chuck Cox comes across as a violent man in Susan’s journals. He may have seemed calm, but that is the psychotic-calm act all Mormons put on.

Dave Cawley: That last bit came from an entry on August 4th of 2011, just three weeks before police raided Steve’s home and seized the journals.

[Ad break]

Dave Cawley: Steve Powell had told reporters much of what police had taken from his house could be considered “inappropriate” and “embarrassing.” Steve told the news crews he wished that he’d moved those embarrassing things out of the house, so they wouldn’t have been taken. But he didn’t say he was sorry for creating them.

Ellis Maxwell hand-delivered Steve’s voyeur videos to Gary Sanders in Tacoma on September 18th.

Ellis Maxwell: Y’know, we delivered all that evidence up there. I did it in person with some of my peers and supervisors. Sat with the attorneys, went over everything and the detectives up there.

Dave Cawley: In all, West Valley handed over 7 VHS tapes, 14 Hi-8 cassettes and 5 CDs to Pierce County. West Valley’s team had identified more than 1,600 individual images of those young neighbor girls.

Gary Sanders: Luckily they were really good to us and they’d kind of categorized what they thought was important and once we started looking through it, that’s where we started developing probable cause for Steven’s arrest on the, y’know, photographing the neighbors and creating the child pornography.

Dave Cawley: Metadata on the files showed that they’d been created with a Sony Handycam camcorder, model number DCR-TRV 460. That’s the same model as the camcorder detectives had found in Steve’s bedroom the day of the search warrant raid.

The metadata also revealed dates. At least some of the images had been created on April 8th of 2007. The investigators figured out who’d been living in the house next door at the time. Detective Gary Sanders made contact with the mother of the girls. She’d been Steve’s neighbor between June of 2006 and August of 2007.

Gary showed the woman some of the images. She confirmed the girls in the pictures were her daughters. Gary explained how he’d come into possession of the pictures. Then, the mother of the girls started to cry. She was shocked, never having thought that someone would have been peeping on her daughters through her second floor bathroom window.

On September 22nd of 2011, prosecutors filed criminal charges of felony voyeurism and possession of depictions of a minor engaged in sexually explicit conduct. Gary knew Steve was not home, so he went to the neighborhood and waited.

Gary Sanders: Had some, somebody sitting on surveillance near the house, saw him come home so as he comes home, uh, we swoop in, kind of arrive at the same time as he’s getting out of his vehicle and just walked up to him and say “hey Steven” — and he knew who I was, he recognized me — and I said “you’re under arrest for the child pornography and the voyeurism.” Put him in handcuffs.

Dave Cawley: Two of the Powell children, John and Alina, came out of the house to see what was happening. Gary and Ellis told them that not only were they there to arrest Steve, they were also taking Charlie and Braden.

Ellis Maxwell: The State of Washington made a decision that they were gonna take the kids into protective custody because they were living in Steve’s home.

Dave Cawley: The investigators weren’t sure if Josh had helped his dad make the still frame images of the neighbor girls. They also knew that Josh’s brother John had at least once greeted police at the door while wearing a diaper and he was rumored to walk around the house naked. It was not a place for young kids.

It was late, around 9:30 at night, and both boys were in their pajamas. They saw detective Theresa Berg, who they’d interacted with multiple times in the past.

Gary Sanders: The boys ran to her and she’s like “hey you want to go?” And they’re like “yep, let’s go.”

Dave Cawley: They grabbed the boys some shoes, then Theresa took them over to a social worker, who noted both Charlie and Braden seemed bright, energetic and unconcerned. The social worker drove them away, taking care not to be followed, for a secret rendezvous with a foster family. As far as the boys knew, they were just heading off for a sleepover.

Ellis Maxwell: That’s what was nice for me is to see them being taken away, but then I, I felt bad for them too because they don’t understand and they’re young and they’re confused and they don’t understand what’s going on.

Dave Cawley: But where was Josh?

Gary Sanders: Josh wouldn’t come out. If something like that’s going on, you’ve got police outside, your dad’s getting arrested, people are taking your kids and stuff like that, you’d think you’d come out. But, and he knew we were there. And so finally I said, I told Josh, I said “John, go get your brother. Tell him to get out here.” And so he went inside, into the house and Josh came walking out and was like “what’s going on?” And I’m 100%, or 99.999% sure that he thought he was getting arrested that night too, for the murder and that’s why he didn’t come out.

Dave Cawley: Gary told Josh he wasn’t there to arrest him, only Steve, but that child protective services were taking the boys.

Gary Sanders: The weird thing was, he never put up a fight. Never, y’know, never asked to hug the kids, kiss the kids, y’know, stuff like that. And it goes back to that whole non-emotional, non-loving relationship, y’know? You, you come to my house, try to take my kids, there’s going to be a fight. Umm, but, and he was just “oh, ok.” And we drove off, y’know.

[Scene transition]

Dave Cawley: Deputies took Steve to Pierce County’s South Hill Precinct for questioning.

Gary Sanders: Read him Miranda and sat him down in an interview room and he played the “I’m too stupid to understand what Miranda is” and “I don’t know if I need an attorney” and he just played games.

Dave Cawley: Gary already had a pretty good idea of how Steve had made the images of the young neighbor girls, but asked him to explain it.

Gary Sanders: We afforded him an opportunity to tell his side of the story and explain to us why all those things were in there but he didn’t want to do that.

Dave Cawley: Ellis was there, too, and took the opportunity to press Steve for information about Susan. He wanted to know about conversations Steve and Josh had had in the wake of her disappearance.

Ellis Maxwell: Even at that time I didn’t feel that, y’know, Steve was involved. Umm, and obviously my primary focus is Josh and trying to locate some sort of evidence to give us direction as to where Susan, uh, was.

Dave Cawley: But Steve, who for years hadn’t been able to stop thinking, writing or singing about Susan, refused to say a word.

Looking back now, the night of Steve’s arrest seemed like a perfect opportunity for West Valley City police to have also arrested Josh. As you heard Gary describe, it seemed as though even Josh expected it. So why didn’t they? Ellis told me they were close, but in his mind, but there were still too many loose ends.

Ellis Maxwell: We’re coming to the end and, y’know, we’re not at a point where we could screen charges quite yet because if they were to file ‘em, there was still quite a bit of work to do so that in the event that I’m up on the stand and a defense attorney’s like “why didn’t you do this, why didn’t you do that?” Umm, I want to be able to answer.

Dave Cawley: Removing the kids had taken them out harms way and also put fresh pressure on Josh.

Ellis Maxwell: It left Josh kind of in a vulnerable state and it allowed us to kind of, umm, I guess press him a little bit more to see, y’know, if he would disclose anything or revisit where he disposed Susan.

Dave Cawley: As the Pierce County Sheriff’s chief liaison on the Powell investigation, Gary Sanders had almost as much information about the case as anyone outside of the West Valley City major crimes unit.

Gary Sanders: There was only one suspect … just the evidence, his story, y’know, and just totality of circumstances led the spotlight right on one guy.

Dave Cawley: Gary told me though the decision of whether or not to arrest Josh that night wasn’t his to make.

Gary Sanders: We respected that. Y’know, I understand, y’know, it’s easy to Monday-morning quarterback. But you had to think about their thought process and their prosecutor, if they didn’t want to do a no-body prosecution. But sometimes you’ve just got to pull the trigger and do it.

Dave Cawley: Susan’s dad, Chuck Cox, called his attorney Anne Bremner as soon as he found out about Steve’s arrest.

Anne Bremner: He kept telling me that Steve had been arrested and I kept thinking he said Josh. I kept thinking, because he was not on my radar. Y’know it was like “Josh, no, it’s Steve.”

Dave Cawley: Both she and Chuck saw it as a major miss by the police.

Chuck Cox: There was enough circumstantial evidence to say stuff happened right there that night in that place that with or without a body, to say that he got rid of his wife. And I think they could have made that case but the uh, prosecuting attorney didn’t want to do it. But I, I do think with him in jail, looking at that, he would have, without being to talk to his daddy or plan some elaborate thing, he would’ve said “ok, I dumped her here or I did this.” Whatever he did, I think we would have known. But uh, they didn’t do it.

Dave Cawley: Not arresting Josh that night would come to have catastrophic consequences.

[Scene transition]

Dave Cawley: The next day — Friday, September 23rd of 2011 — proved to be a very busy one for Josh. He had two court hearings in the morning, over his feud with the Coxes and the matter of publishing Susan’s journals. A horde of reporters chased him through the hallways.

Vicki Hogan (from September 23, 2011 KSL TV archive): Number seven on our docket, Cox versus Powell.

Bruce Lindsay (from September 23, 2011 KSL TV archive): Judge Vicki Hogan presided over the diary case this morning in Pierce County, Washington. Authorities for the Powell family argued for the release of Susan’s childhood writings. Her husband Josh’s reasoning, according to a filed statement, helping her be understood is the best means of bringing her home.

Chuck Cox (from September 23, 2011 KSL TV archive): We do not believe that they have the right to publish her private diaries. We don’t believe they’ll, they prove anything, uh, about her state of mind as a 28-year-old woman.

Bruce Lindsay (from September 23, 2011 KSL TV archive): Judge Hogan ruled with the Cox family and said Susan’s journals cannot be released, there is no legitimate public interest and they are not a public record.

Dave Cawley: Judge Hogan even went so far as to say the publication of Susan’s journals was “highly offensive to a reasonable person.” The injunction demanded the removal of the already published journal entries from the susanpowell.org website. It also prohibited any new entries from going online and blocked Josh and his family from even talking about the contents of Susan’s journals.

Steve made an initial court appearance that day as well, pleading not guilty to all 15 counts. He and Josh talked through things over the phone, as Steve sat in the Pierce County Jail.

Gary Sanders: There’s one phone call I think where Josh actually says “dad, this is a recorded line,” y’know, which it tells you when you make phone calls and kind of puts him in check, kinda, which was weird.

Dave Cawley: Josh told Steve to be careful about what he said and to sit tight, because the family would get him a good lawyer.

After the hearings, Susan’s sister Denise spoke through tears, begging Josh and Steve to come clean.

Denise Cox (from September 23, 2011 KSL TV archive): It’s hard and I just want this all to come to a close and whether she’s alive or dead just let me know where she’s at so our family can get over this. … I just want him to talk to the police and I want Josh to talk to the police and just, if you’re so innocent as you claim, why aren’t you talking? And I, I know she didn’t run away with somebody. That’s just unbelievable that they’re continuing to say that. Those boys are her life.

Dave Cawley: Chuck Cox told reporters that in spite of Steve’s arrest, they were no closer to knowing what had actually happened to Susan.

Chuck Cox (from September 23, 2011 KSL TV archive): We still don’t know where she is. So we’re still concerned about that. But we’re also very concerned for the, the welfare of our grandchildren and we want what’s best for them.

Reporter (from September 23, 2011 KSL TV archive): Will you be able, will you be able to get custody of the grandchildren or at least take care of them, or are they in the hands of the state?

Chuck Cox (from September 23, 2011 KSL TV archive): We’re doing everything legally that we can.

Dave Cawley: Josh still had some fight left in him. That afternoon, he headed to the Washington State Children’s Administration office in Tacoma for an FTDM, or “family team decision-making” meeting. It was his chance to explain where he wanted his sons to end up in the immediate future.

Tears gathered in the corners of Josh’s eyes as he said his boys needed to be protected from the Coxes. Their home was the last place he wanted his sons to live. In paperwork filed along with that meeting, Josh listed his religion as “not Mormon.”

That same afternoon, social worker Rocky Stephenson sat down with Josh for an interview. They chatted about Josh’s parenting style and how he disciplined the kids before getting to the matter of Steve’s arrest. Josh said he was only somewhat aware of the charges and that he hadn’t watched the TV news coverage because he found it “depressing.”

Stephenson told Josh police had found voyeur videos and images showing prepubescent girls in the nude in Steve’s bedroom. Josh said he didn’t know anything about that and had never seen his dad recording kids. He did admit though Steve was obsessed with Susan. Josh said he’d erupted at his dad after the search warrant raid in August. Steve had come clean to his son about what he’d written in his journals and apologized. Josh didn’t let it go. He said they’d fought for two straight weeks, with Josh telling Steve he might have to move out of his own home, in order to protect Charlie and Braden.

Josh even told Stephenson about the time in 2003 when Steve had confessed his love to Susan. He explained Susan had been partly responsible. He said she’d invited Steve to feel her freshly shaved legs, after all, but that was all in the past. Josh wasn’t going to let what’d happened so long ago get in the way of his love for his father.

Josh’s willingness to forgive his father had long bothered Susan. In an email on March 3rd of 2004, she wrote about the negative emotions she felt following Steve’s love confession the prior summer.

Kristen Sorensen (as Susan Cox Powell from March 3, 2004 email): What level of forgiveness do I need to attain for my own spiritual health? I avoid any interaction and any time he is discussed it is definitely with negative emotion and I really see no reason for my husband to continue a relationship let alone any interaction with him.

Dave Cawley: Five years later, in August of 2009, she wrote another email in which she noted how being around Steve had changed Josh.

Kristen Sorensen (as Susan Cox Powell from August 24, 2009 email): Which is crazy because he’s rationalized now that that whole issue was my fault! Back then he was willing to almost cut his dad out of his life — and wasn’t expecting me to ever have to interact with him again, but once we moved away and the kids came, that all changed. Now I feel like his dad and brothers are out to sabotage our marriage.

Dave Cawley: Stephenson authored a report that described Josh as stoic and cautious. It seemed obvious from his answers that he was downplaying Steve’s crimes and intended to defend his father. That was a cause for concern.

Charlie and Braden remained with the foster family through the weekend. The foster parents were impressed with Charlie’s inquisitive mind, calling him gifted. He used words most six-year-olds wouldn’t know, like noticeable and hilarious. Braden often replied to anything Charlie said by saying “me too!”

Charlie’s vocabulary wasn’t the only thing that surprised the foster family. He talked about about hating Jesus and about Mormons trying to steal him. Charlie said his dad had told him Jesus was bad. Braden said the police were bad too, but not as bad as God. At that Charlie interjected, telling his younger brother that their foster family attended a good church. They were not Mormon.

On Monday, the boys went through physical exams, which showed they were both generally in good health. There were no clear indications that either had been the victims of sexual abuse. Rocky Stephenson, the social worker, attempted to interview both Charlie and Braden but neither was willing to talk about their family life.

That afternoon, the Children’s Administration allowed Josh to have supervised visitation with his sons. Afterward, he cornered Stephenson with a pile of news clippings, fliers and court declarations. He sniffled and became teary-eyed as he described how the Coxes had branded him as a murderer.

He told Stephenson that he’d never hurt Susan, not intentionally. Josh wanted the state to intervene on his behalf in court, arguing against the Cox’s request for custody of the boys. He didn’t get that wish. The next day, Washington placed the boys with Chuck and Judy Cox. When they arrived at the Cox home, the boys ran ahead of the social worker and were greeted at the door by their grandpa, the one who wasn’t in jail.

To Chuck, it seemed obvious that Josh had already tried to turn the boys against him.

Chuck Cox: When we first got here, the, the boys came in, say “are they going to abuse us now?” So where’d they get that from, y’know? And obviously the social workers knew that, ok, somebody’s told them that and so they had, they had tried. But we could also say “no, your mother didn’t leave you. She loves you.” And they knew that.

Dave Cawley: Braden went into the living room where he saw a picture of Susan. He pointed it out, saying that was his mom and she was a good mom.

In an email a little over a year before she died, Susan wrote about her love for the boys.

Kristen Sorensen (as Susan Cox Powell from August 19, 2008 email): I try so hard to at least about 10 times a day tell my children “I love you, you are my favorite Charlie, I’m so lucky to have you! You are a special boy, you are so smart…” All this for a three-year-old old. And now he at random says “mommy, I love you.” Which is probably the only reason I’ve been able to survive with no affection from my husband for so long.

Dave Cawley: Legally speaking, the boys were still in protective custody. That status was only temporary and would expire, unless the Children’s Administration could make a compelling case to keep the kids out of the Powell home.

Josh, the Coxes and the state social workers all met before a judge early on the morning of Tuesday, September 28. Josh said he wanted the boys back. Failing that, he wanted them back in a foster home, anywhere but with his in-laws. The judge disagreed on both counts, saying Charlie and Braden would stay with the Coxes. Josh said he didn’t want his sons attending any religious services, so the court allowed Josh a three-hour supervised visitation window on Sundays while the Coxes were at church.

This would have broken Susan’s heart. In a letter to Josh a year before she disappeared, she wrote:

Kristen Sorensen (as Susan Cox Powell from November, 2008 letter to Josh Powell): I want my husband back, want to know that I can talk openly about religion in my own home without worry that my husband, their father, is going to make me feel about two inches tall for believing that there is a higher being, a bigger purpose. … If you don’t want to believe anymore, that is your choice. But you don’t need to bring others down with you.

Dave Cawley: On the next episode of Cold.

Dave Lindell: They said “well, we’re gonna load that car up and take it back to Utah.” And I’m like “what?” So I called our police chief and says “so can they just take this car?” And he says “yep they, yeah, you’ve gotta give ‘em that car.”

Cold season 1, episode 11: Operation Tsunami – Full episode transcript

[Editors note: The bonus episode “Justice Delayed” contains a great deal of additional information about the events described in this episode.]

Dave Cawley: Ellis Maxwell seems cautious. We’re sitting in a studio at KSL, the radio station where I work, talking about the Susan Powell investigation. I’ve just asked Ellis about the wiretap West Valley police set up on Josh and Steve Powell’s phones in 2011.

Dave Cawley: What can you tell me about that?

Ellis Maxwell: (Laughs) Umm, that’s a good question.

Dave Cawley: Ellis and I have spent hours discussing the case over the past year. We’ve come to know a bit about one another. I’d like to think we’ve developed a rapport. He’s been retired from the police force for two and a half years by the time of this conversation and is, to my ears, very candid.

Ellis Maxwell: Sittin’ here and meeting with you and answering your questions and sharing some insight has, it’s actually been beneficial for me and it’s helped me kinda get through my own struggles from doing it. ‘Cause it’s, it’s always going to be there, it’s never gonna go away.

Dave Cawley: But the wiretap is where Ellis draws the line. He’s not going to reveal inside information of police tactics. I come at Ellis again from a different angle, asking a more general question. What do you have to show a judge in order to get a wiretap?

Ellis Maxwell: To get a wiretap is very difficult. And yes, you have to exhaust every, every other investigative tactic. … But that was the stage we were in the investigation. We’d pretty much wrapped up everything that we could traditionally and now we were kind of kind of going non-traditional direction and we had to be creative and try to get Josh to disclose and, and give us some information.

Dave Cawley: This idea of exhaustion — trying everything else possible before resorting to a wiretap — is an important legal hurdle. Police can’t just listen to phone calls without first proving they’ve given traditional tactics every opportunity to work.

Ellis Maxwell: There’s just nothing left. Basically at the end of the day, the agency has done everything that they can do and they still’ve hit a brick wall. They still don’t have the evidence, the witness, the confession. All of those things and so… And then you’ve got to identify why that wiretap is going to be successful. And clearly Josh and Steve and Josh’s brother Michael, they all communicated frequently and, y’know so, yeah.

Dave Cawley: This is Cold, Episode 11: Operation Tsunami. I’m Dave Cawley.

Before we get too far, I need to make something very clear. In this episode, I’m going into detail on some unconventional tactics police used during the later stages of the Powell investigation. Much of this information has never been disclosed.

In our interviews, Ellis Maxwell refused to go into specifics about what I’ve come to learn was a wide-ranging plan conceived during the summer of 2011, codenamed Operation Tsunami. The intricacies I’ve pieced together come from a series of internal police planning documents that I obtained without the knowledge or approval of Ellis or any of the other law enforcement officers involved in the case.

I am going to be careful and selective in what I share, as full disclosure of the methods and tactics would run the risk of doing real harm to future investigations.

[Ad break]

Dave Cawley: Let’s jump back to Sunday, December 6th of 2009: the last day anyone saw Susan Powell alive. The winter sun had just set. Darkness descended on the Salt Lake Valley. Josh Powell was making plans. Susan, his wife, had gone down for a nap after eating a meal Josh had prepared. Her neighbor, JoVanna Owings, sat in their living room of the Powell family’s home, working to unravel a knotted ball of yarn. Josh wanted JoVanna gone.

JoVanna Owings: And he came in and he said that he and the boys were going to go sledding. And I was really concentrating on untangling the yarn so I, I didn’t get his gentle hint that it was probably time for me to go home.

Dave Cawley: Josh grabbed his work-issued laptop just before 5:30 p.m. He opened Internet Explorer and went to accuweather.com, then KSL.com and pulled up the forecast. It showed a huge winter storm was bearing down. He quickly glanced at some weather and traffic webcams from around Utah.

He flipped to Google and typed the words “ely utah map.” The top hit was a page on Ely, Nevada at city-data.com. He clicked that link and his browser cached three thumbnail images showing street, aerial and topographic maps views of Ely. Next, he searched the phrase “sledding tooele utah.”

JoVanna Owings: He started putting the boys’ coats on them and their shoes on them.

Dave Cawley: Minutes later, he shooed JoVanna out of the house.

JoVanna Owings: So, I went out, got in my car. He put the boys in the van. And while I was just doing my seatbelt up, just getting situated, he and the boys just drove off in the van. And then I just went home.

Dave Cawley: JoVanna didn’t see Josh or Susan again that night. She’s still not sure where he went with the boys, or how Susan ended up out of the house.

JoVanna Owings: From everybody else’s accounts, I think that he came home and he got Susan and then left with her and the, and the boys and some camping equipment and heaven only knows where he went after that. I wish I did. It would make my life a little bit easier. It would make everybody’s life a whole lot easier if we could, y’know, put this to rest.

Dave Cawley: West Valley City police took Josh’s work laptop two days later, while serving their first search warrant at the Sarah Circle house. But it took months for the cached internet files revealing those searches to come to light. They were buried among more than five-and-a-half terabytes of information recovered from Josh’s devices.

The fact he’d searched for information about Ely just before leaving the house on the day Susan was last seen alive seemed significant. So let’s talk about Ely.

Ely came into being in the 1870s as little more than a stage stop on the old Pony Express route. A few decades later, prospectors learned the surrounding mountains were rich in copper, gold and silver. A mining boom erupted, bringing in the railroad.

(Sound of steam locomotive whistle)

Dave Cawley: So began a cycle of boom and bust that played out over the next century. Today, Ely serves as the intersection of three U.S. Highways: 6, 50 and 93. It sits roughly midway between Las Vegas and West Wendover, not too far from the Utah-Nevada state line and just a ways north and west of Great Basin National Park. It’s kind of in the middle of nowhere, but barely within range of Josh Powell’s possible desert travels during the span of time that Susan disappeared.

Records show West Valley’s intelligence analysts uncovered the first clues about Ely relatively early, in May of 2010. But it wasn’t until July of 2011, a year and a half after Susan’s disappearance, that they pieced together the full picture. They came to understand that Josh’d done more than just look at maps, traffic cameras and weather forecasts for Ely in the days leading up to Susan’s disappearance. He’d pulled up listings for the Motel 6 and Ramada Inn there.

Ellis Maxwell: We could not ignore it. I mean it came directly off of Josh’s computers.

Dave Cawley: But Ellis didn’t want to run out and start a search around Ely right away. At that point, the bulk of the investigation was focused in Washington State.

Ellis Maxwell: Ironically, the time that we discovered that information kind of fell, y’know, within line of, of the operations that we were doing in Washington. So it didn’t make sense to rush out there and do it, y’know, within that week or two when we discovered that information on Ely. It made more sense to kind of coordinate that with our operations in Washington.

Dave Cawley: That’s as close as Ellis ever came to telling me about Tsunami. Here’s what I’ve learned about those operations from the documents. Police had reached a dead-end in the investigation. Nothing they’d tried to get Josh to slip up or speak out had worked. So they started brainstorming how to get him talking privately while they listened in on his conversations. One prong of that plan included going public with a search around Ely.

Ellis Maxwell: Yes, we wanted Josh to see this on the news, y’know, and see what he had to say about it. And see if it would give us some direction.

Dave Cawley: Of course, Josh wasn’t going to talk to police about it. He’d probably only share with his family. In order for that plan to work, police needed a wiretap so they could monitor Josh’s phone calls.

Utah District Court Judge Judith Atherton approved the wiretap request on August 9th. Everything associated with the wiretap warrant was sealed at that time. It remains sealed to this day. Atherton, who has since retired, did not respond to a request for an interview for this podcast.

Police records show detectives started listening to Josh and Steve’s phone calls on August 16th. Two days later, they announced plans for a search of abandoned mines around Ely, Nevada. This was the launch of Tsunami. Going public with the mine search was a conspicuous shift in strategy. Remember, all of the other mine searches up to that point had happened behind a veil of secrecy.

Dave Cawley: Was the hope that maybe that media coverage would cause him to say something that, uh, you guys might be able to pick up through other channels?

Ellis Maxwell: Bingo. (Laughs)

Dave Cawley: In law enforcement circles, this tactic is referred to as “tickling the wire.”

Mike Anderson (from August 18, 2011 KSL TV archive): In this West Valley neighborhood, friends close to Susan Powell are now hopeful that they’ll hear some answers.

Debbie Caldwell (from August 18, 2011 KSL TV archive): I’m trying not to think about it.

Mike Anderson (from August 18, 2011 KSL TV archive): Debbie Caldwell runs the daycare where the Powell kids spent much of their time. Like many others, she’s just hearing that West Valley police are following up on what could be a major lead in the case in Ely, Nevada.

Debbie Caldwell (from August 18, 2011 KSL TV archive): I really, really, really would like to know where she is, what happened to her. And I want her boys to grow up and know where their mom is and what happened to her. They deserve that.

Dave Cawley: West Valley’s press release announcing the Ely search described it as follow-up on a “possible lead” in the case. As I’ve already explained, that was true. To sweeten the pot, police also said the media would have a chance to shoot photos and video “under certain conditions.”

John Daley (from August 18, 2011 KSL TV archive): For Jennifer Graves, Josh Powell’s sister, the past year and a half have been frustrating. She says she has no idea what news will come tomorrow.

Jennifer Graves (from August 18, 2011 KSL TV archive): Yeah, it must be something, y’know, something’s going on. So I’m as eager as anybody to figure out what it is.

Dave Cawley: Newsroom managers in Salt Lake City were skeptical. They weren’t sure just how much credence to give this invitation, especially because West Valley refused to give any more details out ahead of time, even off the record. The phrasing of the press release prompted speculation that police might have learned the location of Susan’s body. Which, of course, they hadn’t. But the only way for news crews to find out was to make the trip.

Kiirsi Hellewell (from August 18, 2011 KSL TV archive): At this point, we just want answers and we just want to know what happened.

Mike Anderson (from August 18, 2011 KSL TV archive): Those answers could be on the way. With word that West Valley police now have a credible lead in the case, some of Susan’s friends are now eager to hear what they have to say.

Dave Cawley: An operational planning document showed police were more than a little worried the media wouldn’t take the bait. But c’mon, the possibility of a break in Powell story was too big to ignore. No one wanted to sit out that opportunity.

Mike Powell (from August 19, 2011 KSL TV archive): We are here to follow up on investigative information that has led us to this area in direct relationship to the Susan Powell missing person investigation.

Ben Winslow (from August 19, 2011 KSL TV archive): But what, what is that? What are you here for?

Mike Powell (from August 19, 2011 KSL TV archive): Detectives have, have made a pre-emptive, uh, drive out here to, to see, uh, what it was that we, that we may be looking at. The information that detectives have, uh, indicated has led them to this area. And it’s something that they felt strongly enough that we needed to follow up on and to further investigate. That is the reason we are here today.

Jennifer Graves (from August 19, 2011 KSL TV archive): I was expecting more. (Exasperated laugh) I was definitely expecting more. I was just sitting there crying while I was watching it.

Dave Cawley: The team in Nevada took the reporters around to look at some dusty holes in the ground.

Jennifer Stagg (from August 19, 2011 KSL TV archive): This is one of the mine shafts that crews are searching today and they say this one has clearly been breached. You can tell by the fencing that has been bent and moved out of the way. Now, this just may look like a harmless tunnel, it looks very stable, but crews say it is very unstable. There are unseen dangers and they can go through and fall down hundreds of feet.

Dave Cawley: At the same time, another West Valley team was in Washington, conducting eyes-on surveillance of Josh and Steve. A third team back in Utah manned the wire room from 6 a.m. to midnight. They waited for Josh to see the news coverage, to pick up his phone and to call his dad.

Ellis Maxwell: If that was the place that he visited and maybe disposed of Susan, clearly he’s going to mention that. Umm, clearly, he would get nervous. Y’know, his mannerisms would change. There’s a lot of things there that would’ve been beneficial.

Dave Cawley: The first day of the search focused on mine openings and gravel pits a few miles west of town, below a place called Squaw Peak. The news crews watched as the West Valley cops, Bureau of Land Management staff and White Pine County sheriff’s deputies used spotlights to peer into the holes.

It all looked very familiar — and reasonable — to the two abandoned mine experts from the Utah Department of Natural Resources who’d essentially taught West Valley police how to do this work.

Louis Amodt: I know they looked down that way — we weren’t involved in that ‘cause that’s Nevada — but that was still right on the periphery of where it’s possible to look. So that’s why we concentrated in these areas. And also high concentrations of open mines in these areas.”

Dave Cawley: Remember, Louis Amodt and Tony Gallegos had spent weeks in early 2010 practically living in the West Desert with detectives. But Louis said over time, he and Tony had stepped away from helping with the mine searches in person. They had no inside information about the new search.

Louis Amodt: You kind of had to put some distance between because you still couldn’t talk about it and then like you couldn’t just call up the detectives and say “hey, what’s happening?” Because they’re still involved in the investigation and at that point, they wouldn’t be able to tell you anything anyway… It was always in the back of your mind.

Dave Cawley: Both men had been left with a sense of incompletion, a job undone.

Tony Gallegos: I followed some of the headlines and things after—

Louis Amodt: Mmhmm.

Tony Gallegos: —but, little bit of distance but I was still curious and still interested in some sort of resolution so with the headlines about the search or when Josh Powell moved away and those things, I was still sort of following that.

Dave Cawley: Tony though worried what all that publicity might lead to.

Tony Gallegos: Yeah, I remember the headlines about the Nevada searches—

Louis Amodt: Mmhmm.

Tony Gallegos: —and so on. And then I remember the public search groups and, y’know, you’re sort of like “well that’s a great thing.” But, y’know, we went out there with the detectives and we checked out all the sites we could access based on their criteria. Sort of like, you wanted to say “well, you don’t need to look there anymore. Look somewhere else where we weren’t able to spend time.” But then again, you really even didn’t want to encourage people to go into these mine openings—

Louis Amodt: Yeah, ‘cause they’re—

Tony Gallegos: —that were really not safe. And you didn’t want someone being hurt while they’re out searching for someone. It could be families or kids, whoever. That, so, it was good that they were wanting to help, but didn’t really want to encourage people to go poking around the mine openings.

Louis Amodt: It is very dangerous.

Tony Gallegos: Not a safe thing.

Dave Cawley: West Valley police didn’t find anything in Ely that first day. Reporters turned on the department’s spokesman — Sergeant Mike Powell, no relation — when he delivered the news.

Jennifer Stagg (from August 19, 2011 KSL TV archive): We expected an announcement, a break in the case of missing Utah mom Susan Powell. West Valley City police held a press conference hundreds of miles from Salt Lake in Ely, Nevada. But no announcement came.

Mike Powell (from August 19, 2011 KSL TV archive): The information is very limited that I’m able to disseminate to the public, as you are very well aware.

Jennifer Stagg (from August 19, 2011 KSL TV archive): Sergeant Mike Powell says new information led them to Ely but he wouldn’t give any details. After dodging questions about specifics, Sergeant Powell invited the media to a show-and-tell of the rugged hills above the sleepy Nevada town. But what had connected these mine shafts with Susan Powell? Frustrated reporters kept the questions coming and Sergeant Powell eventually issued a statement saying a prior search warrant had led them to Ely. But that’s about as much as he would say. He says the biggest purpose of inviting the media to Ely was to shine the public spotlight back on the case.

Mike Powell (from August 19, 2011 KSL TV archive): This has also brought to, to, to life that there has been some downtime, significant in the media coverage on this case. And obviously at this point, that has changed. And really one of our, uh, biggest and best assets is the public as a whole.

Jennifer Graves (from August 19, 2011 KSL TV archive): It will bring a flood of new leads so that, I guess, I can be grateful for that.

Dave Cawley: Ellis told me gets why the media and the public were so irritated at that point.

Ellis Maxwell: I know the media really thought that it was a ruse and, uh, they were, I think they were upset. But it was a legit lead that uh, and information we discovered that was directly from Josh’s computer and, uh, it was something we had to follow up on.

Dave Cawley: Of course, West Valley police couldn’t — and didn’t — say a word about the wiretap. They obviously couldn’t say there was a larger plan in motion.

The next day, the searchers headed south about 20 miles to the historic Ward Mining District. They checked some of the extensive workings in that area and again came up empty.

John Daley (from August 20, 2011 KSL TV archive): Jen and Keith, we have a pair of mysteries tonight. One is, what exactly happened to Susan Powell? The other is, what exactly was the purpose behind the high-profile search in Ely, Nevada? The city’s mayor says he’s confident in police investigators and that the case will eventually be solved.

Dave Cawley: They held another news conference.

Mike Powell (from August 20, 2011 KSL TV archive): It looks like we’re gonna be done and, and finished with what our, uh, our goals were from the beginning.

Ben Winslow (from August 20, 2011 KSL TV archive): But is there any new leads that were generated from this?

Mike Powell (from August 20, 2011 KSL TV archive): Uh, at this point I don’t have the answer to this.

Dave Cawley: Josh did see the news coverage. He seemed unimpressed. Here’s what he told KSL that day.

Josh Powell (from August 20, 2011 KSL NewsRadio archive): It just didn’t seem like they said anything. Honestly, that’s kind of what went through my mind. … I actually thought that they were gonna be looking in hotels, apartments, y’know, things like that. That’s what I was hoping they’d be looking for: for people, frankly, for Susan.

Dave Cawley: That was an interesting thing for him to say, given that police knew he’d looked at motel listings in Ely. Publicly, Josh didn’t seem the least bit nervous. On the wiretap, police intercepted a call in which Josh said law enforcement was wasting its time in Ely — quote — “that’s for damn sure.”

Ellis Maxwell: Clearly, we did the search and we didn’t discover anything and Josh’s , uh, behavior and his attitude and his mannerisms and his discussions didn’t support that he was concerned at all.

[Scene transition]

Dave Cawley: As West Valley police were getting their wiretap that August, Josh was in court, asking for a protective order against his in-laws. Bad blood between Josh and the Coxes had kept growing ever more sour, like spoilt milk left out in the sun. Though they lived just four miles apart, Josh had refused to allow Susan’s parents to ever see their grandsons.

Chuck Cox: He’d decided that because we were treating him and his family so bad that we were not allowed to see the boys anymore. Ok, well in a public place they can certainly see grandma and grandpa.

Dave Cawley: One day, Chuck and Judy Cox were leaving Lowes after buying stuff for their yard when someone stopped them in the parking lot and told them Josh, Charlie and Braden were at that very moment inside the store. So Chuck and Judy turned around and went back into Lowes.

(Sound of sliding door opening and closing)

Chuck Cox: We saw ‘em over there and the, and the kids saw us and come running towards grandma and grandpa. And it was like “oh wow.” And he’s “oh, oh.” And it was terrible. We were picking on him and everything because we were in his store, his space.

Dave Cawley: Josh wasn’t going to stand for it. Chuck, for his part, tried to remain calm.

Chuck Cox: The police oftentimes and others had said “don’t you just want to grab him by the shirt and shake him and say ‘tell me where my daughter is!”’ And I say “oh yeah, I’d love to do that” but then he would have a case of assault against me and I, and it, and he’s not going to say anything anyway so why, why give him that satisfaction?

Dave Cawley: In his court filing, Josh accused the Coxes of stalking both he and the boys. Here’s how he described their run-in at Lowes.

Eric Openshaw (as Josh Powell from August 8, 2011 petition for protective order): Cox asked, “can’t we hug our grandchildren now?” And I responded “no you may not, goodbye.” … Chuck Cox mouthed the words “you’re dead” and they refused to leave us alone for several minutes.

Dave Cawley: The encounter, as Josh recalled it, then turned even more sinister.

Eric Openshaw (as Josh Powell from August 8, 2011 petition for protective order): Cox had cornered me and my children between a stack of wood where we were building children’s toys and a rack. I feared he would attack and try to kill me because he believes I am responsible for my wife’s disappearance.

Dave Cawley: Now, no matter how much Chuck disliked Josh, he wasn’t about to murder him in front of the boys — and everyone else — in the middle of a busy hardware store.

Josh went on to call the Coxes “legal strangers” to Charlie and Braden and said their behavior caused bullies to pick on his sons. He also said he expected Chuck to escalate his campaign of “hatred and violence” until Susan returned. The story, no matter how puffed up with hyperbole, was enough for a judge to grant Josh a temporary restraining order.

Chuck Cox: You can write anything you want down for a judge and it’s good for about 7 to 10 days or something, then you have a hearing.

Dave Cawley: But this was a game that two could play. Chuck knew Josh and Steve still had his daughter’s childhood journals. Secretly, police encouraged him to seek his own restraining order against the Powells to keep them from publishing those volumes, as Steve had suggested he might do on national television a month earlier.

West Valley police figured the threat of an injunction would get Josh and Steve talking. It was just another way of tickling the wire.

So on Saturday August 20, 2011 — the same day police were peering into mines outside of Ely, Nevada — Chuck held a honk-and-wave event for Susan.

Chuck Cox: I was assisted (laughs) in the best place to put that honk-and-wave and I didn’t understand exactly why, uh, that I was helped to discover where that was by the police. I, they, they gave me a kind of getting-warmer-getting-colder type approach to where I should maybe set up.

Dave Cawley: Internal police documents revealed this was yet another piece of Tsunami, called “Remember Me.” Chuck set up with pictures of Susan and purple balloons near the intersection of 176th Street East and Meridian in South Hill, just outside a Fred Meyer grocery store around the corner from the Powell family home. He hadn’t been there for long before Steve happened to drive by.

Police, through their prior surveillance work, had figured out where and when Josh and Steve liked to shop.

Chuck Cox: Then to see Steve pull up to the drive-thru and I went “ah, I get it.” (Laughs) And then he came over here and I says “so, I’m the bait.” That’s fine with me, y’know. I, I, I’m willing to help them. They could have just told me what they wanted to do, I would’ve done it. But, y’know.

Dave Cawley: TV news cameras rolled as Steve confronted Chuck. It turned into a shouting match, with Steve accusing Chuck of violating the temporary restraining order. Chuck played his role to perfection.

Chuck Cox: I knew what kind of words I needed out of Steve. I needed him to say that he had the journals, say that they were important. I needed to give the police a reason to give a judge that they needed to get those journals back.

Dave Cawley: Chuck warned Steve he’d better not try to publish Susan’s journals.

Chuck Cox: That’s when he made this charge of I had abused Susan as a child and he had proof in the journals. I said “you shouldn’t have the journals, number one. I haven’t read them and I don’t think you should have read them and you certainly have no right to publish ‘em,” because I’d already been down that road. So I challenged him. He said “well, I can prove it.” I said “well, if you publish it, we will take legal action.”

Dave Cawley: Josh showed up at the honk-and-wave soon afterward. Through tears, he told reporters Chuck was trying to sow discord. One Utah TV station — Fox 13 — stood alongside the Seattle reporters as they interviewed Josh that day.

I’ve learned from never-before-revealed police planning documents detectives had reached an agreement with Fox 13, making the station part of the Tsunami plan. West Valley fed inside information to the station, hoping a reporter would have a chance to confront Josh or Steve with it.

In exchange, Fox 13 agreed to post any videos with Josh or Steve online, in their raw, unedited form. That would allow police to obtain the footage and add it to their evidence. Fox 13 made good on that promise, posting a story with the video to its website after the honk-and-wave. That story and those videos are no longer online.

When asked to comment on the station’s apparent collaboration with police, Tim Ermish — President and General Manager of KSTU-Fox 13 — said “in August of 2011, Fox 13 news sent a reporter to Washington state to interview Josh Powell and also cover a honk-and-wave organized by Chuck Cox. We made the editorial decision to share the unedited video of both newsworthy events with our audience online.”

[Scene transition]

Dave Cawley: The honk-and-wave generated a lot of phone activity captured on the wiretap. In later reports, police wrote that Josh’s demeanor on the phone was “aggressive,” a 180-degree shift from the tearful way he presented himself to the cameras. He even called a media consultant and asked how to appear more sympathetic when talking about Susan.

In one call with his brother Michael, Josh explained he had never shared with anyone his activities on the night of Susan’s disappearance.

Three days later, Josh’s brother Michael filed a declaration in support of Josh’s request for a protective order. Mike called Chuck “hateful and deplorable.” He, like his brother, accused the Coxes of spreading lies through the media and tearing open his family’s “old wounds.” A Pierce County Superior Court judge held a hearing on Josh’s request for a protective order on August 23rd. True to form, Josh showed up late.

Chuck Cox: Most the time a judge would just say “ok, respondent’s not here, it’s dismissed, move on.” But they waited for him.

Dave Cawley: Josh and Chuck both stood before the judge. For his part, Josh repeated the story about Chuck supposedly mouthing the words “you’re dead” during the encounter at Lowes.

Josh Powell (from August 23, 2011 KSL TV archive): He knew that we would be there and he has been stalking us to come into the places where we would be to try to inject himselves [sic] into our lives which, uh, has not gone well.”

Dave Cawley: Chuck’s attorney, Steve Downing, called that nonsense.

Steve Downing (from August 23, 2011 KSL TV archive): Under no circumstances has Mr. Cox ever, ever threatened Joshua Powell.

Dave Cawley: The hearing didn’t go all that well for either side.

Bruce Lindsay (from August 23, 2011 KSL TV archive): Richard Piatt has a report on the extraordinary tension between the two families.

Rich Piatt (from August 23, 2011 KSL TV archive): That’s right. This happening just within the last hour, Bruce and Deanie. The Washington judge hearing the case didn’t really feel that Powell’s request rose to the level of a full-on domestic violence restraining order, but she did grant anti-harassment orders to Powell based on Powell’s claim that Susan’s father has been threatening him. Cox says that he contacted Powell in fact because he just wants to see the grandchildren.

Dave Cawley: But the anti-harassment order went both ways. Josh was also prohibited from contacting the Coxes, or coming within 500 feet of them. Chuck felt flabbergasted.

Chuck Cox: Really? You’re giving him something? And I’m thinking, it doesn’t really matter. I’m not going to his house anyway. But it’s, on the basis of it, it’s unfair to grant something to somebody who didn’t, he didn’t know what to ask for. He didn’t, he showed contempt for the court by showing up late. He couldn’t even be bothered to be there on time for it. And he had no basis for anything. But they were just going to grant this anyway. And I, it’s just ridiculous that the judge did that. I could not believe they did that. But on the other hand, I went “pfff.” I don’t have any intention of bothering him.

Dave Cawley: Josh might have considered the anti-harassment order a win. Little did he know, his luck was about to take a huge turn for the worse.

[Ad break]

Dave Cawley: The very next morning, on August 24th of 2011, a judge in Washington signed a warrant authorizing a search of Steve Powell’s home. They executed the warrant the next day. More than 20 members of the West Valley police department and Pierce County Sheriff’s Office took part.

Gary Sanders: Thank God we had that many because that house and the things we found was just, I hate to say it, but crazy.

Dave Cawley: That’s Pierce County detective Sergeant Gary Sanders. He was the top police liaison for the Powell case in Washington. Gary had written the warrant, based off on information West Valley City’s lead detective, Ellis Maxwell, had provided. The two of them led the charge.

Ellis Maxwell: (Laughs) It was nuts.

Dave Cawley: They pounded on the front door of Steve’s house shortly after noon. Josh answered, only to have a flood of armed cops rush into the house shouting “police, search warrant!” Ellis and Gary flashed copies of the warrant while ordering Josh, John and Alina outside. Alina at first refused to budge, but she didn’t have much choice in the end.

Gary Sanders: Hot day, I remember ‘cause the house didn’t have A/C and it was a huge house. Umm, quadrant homes. I don’t know if you know ‘em. They’re big. Probably 3,000 square foot homes, lots of rooms. But you have all those people living there. And then lots of clutter.

Dave Cawley: A deputy found Charlie and Braden in the house and brought them outside as well.

Gary Sanders: The boys, y’know, were open to seeing us and were, y’know, I think they were happy when the saw outside people. They were excited for it.

Dave Cawley: Steve Powell was not at home. His work schedule that day included a meeting far out of town. What a convenient coincidence.

Ellis Maxwell: Y’know, Steve he was not there. (Laughs)

Dave Cawley: Ok, hang on. I gotta interrupt you there. Umm, I think I came across it somewhere in Steve’s writings that he thought you guys came up with a phony job for him to call him away from the house that day.

Ellis Maxwell: Y’know, maybe. Maybe not. (Laughs) But he wasn’t there. He was a couple hours away on business.

Dave Cawley: Would it be incorrect if I characterized it as “he was called away on a, on a job that turned out not to be valid.”

Ellis Maxwell: I don’t know if it was valid or not. I’m not sure how, I wasn’t there for, for that business meeting.

Dave Cawley: Ok.

Ellis Maxwell: But he wasn’t there, so that was good.

Dave Cawley: Alright, alright. Fair enough. I have to ask the question.

Dave Cawley: Again, Ellis wouldn’t talk to me about this part of the plan. But I’ve learned from never-before-revealed police planning documents that detectives had arranged a business opportunity for Steve and invited him, through an intermediary, to discuss it over lunch at the Red Lobster in Kennewick, Washington. That’s in the tri-cities area, about a four-hour drive away from South Hill.

Obviously, Josh was going to call his dad and alert him to what was happening at the house. Detectives back in Salt Lake City would catch those conversations on the wiretap.

Gary Sanders: I’m pretty sure he was in communication with his father quite a bit.

Dave Cawley: Reporters weren’t far behind the police. Photographers set up their tripods around a perimeter of yellow police tape that fluttered in the summer sun.

Mike Powell (from August 25, 2011 KSL TV archive): We realize that everybody wants to have answers and in due time those answers will be brought forward.

Sandra Yi (from August 25, 2011 KSL TV archive): West Valley police set up its crime scene trailer outside Josh Powell’s Washington home. Authorities use it to conduct interviews and process any evidence. About a dozen detectives joined members of the Pierce County Sheriff’s Department in the search for clues.

Bill Merritt (from August 25, 2011 KSL TV archive): We’ve got reason to believe, we’ve got probable cause to believe, that there are some items of evidentiary value inside the home of the Powells.

Sandra Yi (from August 25, 2011 KSL TV archive): Merritt, who’s in Washington, wouldn’t say what that evidence is. But he says whatever they find will help further the investigation.

Bill Merritt (from August 25, 2011 KSL TV archive): As far as what we’re doing today, this is just a step that has taken us awhile to get to…

Dave Cawley: Word spread quickly, both in Washington and Utah. It wasn’t long before Susan’s dad, Chuck, heard about it.

Chuck Cox: But it was like “ok, this is great. Finally something moving on in a direction where it should be.”

Dave Cawley: The warrant gave police wide latitude. The primary target was Susan’s journals, but it also listed computers and digital media that might hold scanned copies, or anything containing possible passwords that might be used to get past Josh’s encryption. Add to that any photos, videos or trace evidence and you have grounds for a very exhaustive search.

Josh didn’t want to wait around. Problem was, the warrant also applied to his minivan. He wasn’t going anywhere until the detectives searched it.

The team did a first sweep of the house, finding computers in almost every room. Josh’s bedroom held a laptop that was powered on and logged in. Alina’s bedroom contained four computers and a wireless router. One of the searchers disconnected the router, ensuring that no one could remotely log in to any of the machines over the wi-fi.

Josh had other computers. Out in the yard, he told the police he needed them for his job. He didn’t want to see them sucked into the same black hole that had swallowed all of his computers from the Sarah Circle house in Utah. The detectives told him they could speed up the process of releasing the computers back to him, if he’d provide them with all of his passwords. Josh said he couldn’t remember his passwords. They were too long and complex.

Ellis had heard this story before. He put a keyboard in front of Josh and told him to let muscle memory take over.

(Sound of fingers tapping keyboard)

Dave Cawley: Josh tapped out a long string of characters, which the detectives recorded. Josh also handed over a USB key needed to get around encryption on one of his machines.

Ellis Maxwell: In his minimal conversations with us we were able to recover a pretty lengthy password from him as we gave him a keyboard to type it out. But it didn’t assist us in getting into any of his hard drives.

Dave Cawley: On the wiretap, police later overheard Josh telling his brother Michael that he had lied to police about not being able to remember his passwords both then and back in 2010. Of course, Josh said, knew his passwords.

Ellis Maxwell: We were hoping to get some more information from Josh but he just, he wouldn’t talk to us.

Dave Cawley: A West Valley police lieutenant took Alina aside. She, like her brother, was angry that police planned to take her computers. In a later report, the lieutenant said Alina insisted Josh was innocent. She said she’d only change her mind on that if shown clear proof to the contrary. She asked about the search of mines around Ely the prior weekend, saying she believed it’d been a ruse.

The search of Josh’s van was over and done with relatively quickly. Once Josh had his keys back, he loaded Charlie and Braden into their carseats. He told Alina she ought to leave, but she ignored his advice and stayed at the house with her brother, John.

Gary Sanders: So they stay there for 10 hours in the back yard, ‘cause they couldn’t be in the house ‘cause we didn’t want them tampering with evidence. But we tried to respect that they wanted to stay there. So we provided them shade and water and stuff like that. But they stood there the whole time. She, she was on the phone, Alina, a lot that day while she was in the back yard. And I’m sure she was relaying to both Steven and Josh what was going on.

Dave Cawley: News helicopters circled over South Hill.

(Sound of helicopter hovering)

Dave Cawley: Chuck Cox, who didn’t live all that far away, wasn’t close enough by to see it in person.

Chuck Cox: Hmm, I was in a makeup chair.

Dave Cawley: Were you now? That’s kind of an interesting place to be.

Chuck Cox: (Laughs) Yeah, I was in a makeup chair in uh, in a studio down in, in Seattle, getting ready to go on to talk about, uh, Ely. … So I was waiting for that interview and “hey, you’ve got to see this.” And we got the live feed from the helicopter circling the, the place where the police, and I got, “oh great.” I figured “finally, West Valley City’s arresting the idiot,” y’know, “and they’re going to seize everything.”

Dave Cawley: But Chuck was disappointed as the live video feed showed Josh’s minivan weaving around all of the police cars and TV live trucks parked on his street. It went out to Gem Heights Drive and left the neighborhood.

[Scene transition]

Dave Cawley: Detectives went through the house, room by room. They carried individually numbered plastic tags, like the ones you sometimes get at a restaurant so the server knows where to bring your order. They placed a tag next to any piece of potential evidence, then photographed it.

Gary Sanders: To be thorough and be efficient, we’re documenting, photographing things in place, marking ‘em and then they were basically all transferred over to West Valley right there. They had a 19-foot cargo trailer that they brought up with ‘em. And we just, constantly carrying stuff out, boxing it up, taking and putting it in there for them to take back to West Valley.

Dave Cawley: Just getting around inside the Powell house was a challenge. Bookshelves lined nearly every wall. Steve had quite the library, stuffed with volumes about love, religion and psychology. The bedrooms were all jam-packed with junk. Boxes were piled in the hallways.

Gary Sanders: A hoarder is your biggest nightmare on a search warrant just because you know you have to go through every item. Y’know, you want to make sure that there’s no evidence tucked away. You, you don’t keep your child porn right out on the dining room table or you don’t keep your homicide weapon, y’know, they’re going to be tucked away so you’re going to have to look through everything. So that, that was, that’s why we were there that long. With that many people we were still there that long.

Dave Cawley: Josh’s bedroom was probably the neatest. It was upstairs. On the desk, next to his computer, sat an envelope of 4-by-6 photo prints. The pictures were of an old mine, a place called Blind Miner of the Wasatch, in Big Cottonwood Canyon, south and east of Salt Lake City. A bunch of papers on the desk held notes about Susan’s journals and plans for the susanpowell.org website. A to-do list for the site included “throw out more theories.”

Police found Charlie’s handwriting scribbled on another sheet of paper, dated July 21st of 2011. He’d written “one tine some girl lockt me in a closit with the lite off. And I hate Jeny and Kirk I allso, Susans mom and dad torchird her one thing I now is her dad hit her on the back”

Shelves lined one of the walls in Josh’s room. They were full of little woodworking projects, the fruits of Charlie and Braden’s labors at the Saturday morning hardware store workshops Josh loved to visit. Next to those shelves sat a small desk and the monitor for a security camera system. It was switched on. Live video feeds showed the driveway, the front porch, the yard and the street. Josh, it appeared, had grown rather paranoid.

Gary Sanders: I think he was starting to, he was getting worried.

Dave Cawley: Detectives cracked the lid on a bankers box that sat in front of the bookcase. Bingo: there were Susan’s childhood journals.

Ellis Maxwell: It played out really well. We were able to get in and collect a lot of potential evidence. We were able to recover Susan’s journals that they would not, uh, provide us.

Dave Cawley: Downstairs, in the garage, detectives came across a locked safe. Alina told them it belonged to Josh and she didn’t know the combination. Ellis told her to call Josh and get it, otherwise they’d have to take the whole thing back to Utah and tear it open. Alina dialed Josh and explained the situation. He coughed up the combo. The door to the safe swung open, revealing four CDs. Labels scribbled on the disks with a marker showed three held archives of Josh’s old files: his journals, his finances, his schoolwork and more. The fourth disc appeared to hold encryption keys.

Charlie and Braden shared a bedroom, if you could call it that. It held just a single small bed.

Gary Sanders: Not a normal kid’s bedroom, or two boys’ bedroom. Y’know, you’d think toys, Tonka trucks, tons of Legos, stuff like that. No.

Dave Cawley: It would have made sense for the hardware store woodworking projects the boys had built to be in there, not in Josh’s room. Instead, the walls of the boys’ bedroom were, like most of the rest, lined with shelves of Steve’s books.

John’s bedroom was even more cluttered than the rest of the house.

Gary Sanders: Yeah, John’s was interesting in itself. It had a noose on a, a hangman’s noose. Umm, had like a giant paper pterodactyl that was hanging. Umm, his drawings of, y’know, swords through women’s vaginas and just weird depictions and stuff. And then bags of, like hair and toenail clippings that just… yeah, it was a house of horrors when we went through there. Just, his room and then when we got into Steve’s room.

Detectives went into the master bedroom — Steve’s lair. They stripped the sheets off of the bed. They opened all of his dresser drawers. They found a set of binders full of sheet music: the complete works of Steven Chantrey.

(Sound of Steve Powell’s music)

Steve Powell (from song recording): Can you feel my love and tender care? Strong enough to reach you anywhere.

Dave Cawley: They went into the walk-in closet and found a beige, two-drawer filing cabinet. It was locked. Though, they already had an idea of what it held, thanks to that earlier search of the house Steve had consented to in May of 2010. The lieutenant brought in a power drill and went to work on the lock.

(Sound of electric drill)

Dave Cawley: Let me warn you here. What police found inside the filing cabinet was disturbing.

Gary Sanders: Yeah, I mean, what do you say when you? At first you open it up and you’re like “oh, that’s kinda,” y’know, you’re thinking, some people enjoy sex toys or other things, pornography and stuff like that but this was, like I say, it was 20 to 25 detectives there and we all went “wow.’ We were like “that’s crazy.”

Dave Cawley: The top drawer contained Steve’s trophies of Susan: a black bra, a red blouse and a plastic container full of temple garments. Members of The Church of Jesus Christ of Latter-day Saints wear those garments under their regular clothing as a reminder of promises made to their Heavenly Father within the church’s temples. They view the garments as sacred. Steve had stolen Susan’s garments from out of her dirty laundry nearly 10 years earlier and kept them all that time. The concept that doing so had been an act of heresy only served to enhance his thrill.

(Sound of Steve Powell’s music)

Dave Cawley: There were voyeur photos of Susan, as well as shots from Josh and Susan’s wedding. Steve had used scissors or a razor to cut Josh’s face out of those pictures. His son, it seemed, was not welcome in his fantasies. Then, there were the plastic baggies.

Gary Sanders: The fetish beyond all fetishes and stuff when you’ve got bags of tampons that have been dated and stuff from Susan, bags of her underwear, uh, cotton balls from when she takes, y’know, just taking fingernail polish off. Clippings.

Dave Cawley: In the bottom drawer, police found commercially produced pornography on DVD and some home recording VHS tapes. The lieutenant used a tape deck connected to a TV in Steve’s bedroom to quickly scan the tapes. He discovered they were voyeur videos of Susan and other women. In other words, evidence. Detectives found more VHS and Hi-8 video cassettes scattered around Steve’s room. Some were labeled with Susan’s name. They also located his Hi-8 camcorder, with a tape loaded and ready to use.

Gary Sanders: Y’know, we’re looking through, seeing these 8 millimeter tapes, looking at, umm, DVD drives, CDs and stuff and you’re like “okay, if that’s in there in plain view,” we know what kind of fetishes he has now, “what, what’s on these videos?”

Dave Cawley: They collected them all, to be reviewed in full at a later date. Perhaps most embarrassing of all for Steve though: they found his journals. Fifteen Mead-brand spiral-bound notebooks. Each holding 150 college-ruled pages, more than 22-hundred pages in all. They contained 10 years of his obsessive writings about Susan.

Ellis Maxwell: I think you can categorize it as filthy fantasies of Steven Powell’s.

(Sound of Steve Powell’s music)

Dave Cawley: The investigators cleared the house around midnight. As they were leaving, they learned Josh and Steve might be headed toward Sea-Tac Airport to catch a plane out of town. They raced north in the hopes of catching them, but were unable to spot Josh or Steve’s minivans. As it later turned out, neither Josh nor Steve ran that night, though both probably wished later that they had.

Steve Powell (from song recording): You were my first love. You were my first love.

Dave Cawley: Tsunami had other pieces as well, some of which were never executed due to time, cost or opportunity. The whole operation caused a fundamental shift in the state of play.

In sealed court documents, police later wrote detectives caught Josh lying to his family about where he’d gone in the rental car. As for Steve, he made a call during the raid at his house in which he described being hesitant to bring his laptop into his minivan during the drive back. The van was also listed on the warrant and anything inside of it was subject to seizure. Steve also expressed embarrassment over police finding his tapes, journals and the rest. Steve’s humiliation had only just begun.

[Scene transition]

Dave Cawley: A couple of weeks before the raid, on August 8th, Josh had walked in into the Bank of America branch about five miles north of his dad’s house. He held an object in one hand.

This was familiar territory for Josh. The bank sat on the southwestern corner of 120th Street East and Meridian. That’s just down the road from the South Hill Mall and kiddie corner from the Mel Korum YMCA where he’d enrolled his sons in summer programs.

Josh knew right where to go. He signed in, then carried the object into the vault that held the safe deposit boxes. His box, number 757, was one of the smaller ones on the wall. It had a light brown face and was just big enough to hold what he carried. Pulling out his keys, Josh opened the box, placed the item into it, then put the box back and re-locked it. He exited the vault and walked out of the bank, never realizing he was being watched.

It wasn’t the police who were keeping an eye on Josh, not that time. It was a member of the public. Now, Josh’s face didn’t really stick out in a crowd but he’d started to open up through the summer of 2011 and had even done some media appearances. When his dad did the Today Show, Josh even provided an interview of his own.

He sat down with a Seattle TV station a little while later and described the loneliness he’d felt since Susan disappeared. All this is to say, the person who spotted Josh at the bank recognized him but didn’t think anything of it at the time. However, after the search warrant raid hit the news, that person called police in Seattle with the tip: they needed to get Josh’s safe deposit box.

Pierce County Sheriff’s detective Gary Sanders showed up at the bank a couple of weeks later, on September 12th. He brought a search warrant and a power drill.

(Sound of electric power drill)

Dave Cawley: The log for box 757 showed it had first been rented a year earlier, in August of 2010. Josh had stopped by a total of 14 times, sometimes coming every other week, other times going a month or two before returning.

After drilling out the lock, Sanders removed the contents of the box: a single 3.5 inch hard drive. That’s the size commonly used in desktop computers. It was bare, not in any sort external case. The drive was Seagate brand, with a capacity of 1.5 terabytes.

A label stuck to the top of the drive held Josh’s name. Next to it was a blue sticky note, marked with seven hand-written dates. The earliest went back to April of 2011. The most recent was August 8th, the same day the witness had seen Josh enter the bank with the drive. This was Josh’s off-site backup. Sanders sealed the drive in a plastic bag, put it in a box and shipped it FedEx overnight to West Valley City.

West Valley detectives took the drive to the Intermountain West RCFL, or regional computer forensics laboratory, to join the rest of the growing pile of digital evidence seized during the search for Susan.

On the next episode of Cold.

Gary Sanders: Josh wouldn’t come out. And y’know, if something like that’s going on and you’ve got police outside, your dad’s getting arrested, people are taking your kids and stuff like that, you’d think he’d come out.

Cold season 1, episode 10: Charlie – Full episode transcript

Dave Cawley: When Steve Powell met with the FBI in Tacoma in late February of 2010, he told the special agents his grandsons, Charlie and Braden, didn’t seem to miss their mother all that much.

Gary France (from February 24, 2010 FBI interview recording): Have you uh, dared to ask the kids any questions or have they made any comments to you?

Steve Powell (from February 24, 2010 FBI interview recording): They’ve never made any comments, no. The kids are very happy.

Gary France (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): The only comments, uh, in fact y’know, do they really miss their mother? I don’t even know. I mean I think they do occasionally—

Gary France (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): —and they, and they, maybe before they came to my house maybe there were some questions or whatever. But the kids really have, no they’ve never made any comments. There’s not anything in, nothing in their, their, the way they act that suggests, no. Nothing like that. There’s—

Gary France (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): —no indication. Nothing—

Gary France (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): —nothing morbid about the way they’re thinking or about the way they’re thinking or about the way they’re acting, reacting, talking.

Dave Cawley: Steve’s claim that the boys didn’t talk about their mom seemed dubious at the time.

Steve Powell (from February 24, 2010 FBI interview recording): We have done everything possible to shield those grandsons from the media and from this story. I don’t turn on the TV.

Russ Johnson (from February 24, 2010 FBI interview recording): Which is commendable, by the way.

Steve Powell (from February 24, 2010 FBI interview recording): And, and I’m in a gated community so the media can’t park out in front of my house and, y’know, shine halogen lights on my house all night.

Gary France (from February 24, 2010 FBI interview recording): Yeah, that’s commendable. Yeah. Those kids should be totally free from—

Steve Powell (from February 24, 2010 FBI interview recording): We are, and yet the people, the Cox family and their friends have just put signs up and down on every light post going in and out of our property with Susan’s picture on ‘em and, and I, when I walked Charlie to the park the other day—

Russ Johnson (from February 24, 2010 FBI interview recording): Like a missing thing?

Steve Powell (from February 24, 2010 FBI interview recording): —on the way back, yeah, the missing thing, he says “why is mommy’s picture on the sign post, on those signs?”

Gary France (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): I mean, I’m trying to shield these kids from them. These people are so desperate and they’re so, they’ll stop at nothing to get those kids away from my home.

Dave Cawley: On April 17, 2010, Steve typed this into his digital journal.

Ken Fall (as Steve Powell from April 17, 2010 journal entry): This afternoon Charlie commented that “mommy is lost in the desert.” Josh and Michael were also present, so we all heard it. I asked him where he had heard that. He said he had made it up in his own mind. Michael said we had been talking too much about that desert search that was planned for April 10. Supposedly a couple thousand people were going to be searching in the area Josh and the boys camped on the night of December 6. Susan went missing the next day. We had discussed that plan, and made derisive comments about it. Charlie doesn’t miss much.

Dave Cawley: This is Cold, episode 10: Charlie. I’m Dave Cawley.

[Ad break]

Dave Cawley: In the summer of 2006, Josh registered a domain name for a website: susanpowell.org. The following summer he registered three more, one each for his name, his son Charlie’s name and the baby, Braden’s name. These were just the latest in a growing list of web addresses he controlled, going back to his college days. He’d built a site at susanandjosh.net for their wedding in 2001. A few years later, as he tried to build a career selling real estate, he made joshpowellrealtor.com.

Josh’s websites were not fancy. He liked web design though and worked constantly to improve his skills. For a couple of years, he used the domain Charliepowell.org as a sort of sandbox where he could experiment. He built a password-protected portion of the site and posted photos of Susan and the boys there. Throughout 2009, Susan provided family and close friends with usernames and passwords, which created by Josh, so they could see the photos as well.

Susan preferred to just put those photos on Myspace or Facebook, but Josh wasn’t all that interested in social media. He refused to let Susan use his computer for anything but the most basic tasks, like scanning his papers. In 2009, she finally spent $100 to buy her own computer. At the time, Josh groused about the expense and criticized her for buying a system he considered out-of-date.

Shortly after Susan disappeared, someone provided Detective Ellis Maxwell with a username and password for the charliepowell.org site. He logged in and browsed through the photos of the Powell family’s trips to Topaz Mountain and Dinosaur National Monument. A few weeks later, in early early January, he tried to log in again. The credentials did not work. Josh had cut off access.

A short time later, a page popped up on another of Josh’s domains: susanpowell.org. It claimed to be the “official site for information about this beautiful woman, her family and other things she loves.” Text on the main page told visitors it was the only source of new photos and videos of Susan.

While Josh wasn’t personally interested in Facebook, he did pay attention to it. In the days following Susan’s disappearance, her neighbor and friend Kiirsi Hellewell had created a Facebook page to help spread information.

Kiirsi Hellewell: So at first we named it the name of our church congregation. We called it the Hunter 36th Ward group. And then I immediately changed it like it the next day ‘cause I realized it, it shouldn’t be sounding like it’s a church-sponsored thing. And so we named it Friends and Family of Susan Powell. And then the group became huge, like thousands of people joining, like, immediately and it was just crazy how fast it went. I had just made it to keep the neighborhood in contact with each other so I could post the information in one place instead of having to answer 30 or 40 messages every day and 50 phone calls.

Dave Cawley: Public interest in Susan’s case fanned that growth. The page soon had tens of thousands of followers, many of whom had no qualms sharing their negative opinions of Josh. He used Susanpowell.org to respond. As 2010 progressed, new pages appeared on the site. Some were relatively benign, marking Mother’s Day or the six month anniversary of Susan’s disappearance. Others were addressed to Susan herself, as if she were hiding out some place and reading them from afar. Yet others focused on Josh’s activities with Charlie and Braden, like a visit to Mount St. Helens on the 30th anniversary of its eruption.

Ellis Maxwell: By putting up this website, all it is is a diversion.

Dave Cawley: Ellis Maxwell and the rest of the West Valley detectives didn’t put any stock in the notion that Josh was actually trying to send messages of love and support to a distant Susan.

Ellis Maxwell: It’s their way of basically trying to convince society that they care and that they’re trying to help. It’s all it is. They don’t care.

Dave Cawley: Steve Powell, in a digital journal entry dated May 15th, 2010, wrote about the response to the website’s Mother’s Day entry.

Ken Fall (as Steve Powell from May 15, 2010 journal entry): One blogger hit it on the nail by saying that we are probably sitting back and “laughing our asses off.” That is totally true. As I have said before, this web site is about one thing: mind-[expletive]ing the Mormons who have shown a total lack of common sense and decency in this tragedy.

Dave Cawley: Another page titled “Mormons Mobilize” appeared in June of 2010. It explained how Josh believed Susan’s father, Chuck Cox, had used the religion to attack him. He pointed out that the administrators of Kiirsi’s Friends and Family Facebook page were Latter-day Saints. He surmised that they were out to get him because his father, Steve, was an “ex-Mormon.” The instigator, according to the author of the page, was Josh’s sister Jennifer Graves.

Eric Openshaw (as Josh Powell from “Mormons Mobilize” page on susanpowell.org website): For at least 20 years, Jennifer has hated her father, Steve Powell, for openly expressing his views as an ex-Mormon. … All four of Jennifer’s siblings have always felt that Jennifer strongly resented them as well. Jennifer’s long-held grudge has created a divide between Mormons and non-Mormons in the Powell family.

Dave Cawley: The site also announced Josh was leaving The Church of Jesus Christ of Latter-day Saints.

Eric Openshaw (as Josh Powell from “Mormons Mobilize” page on susanpowell.org website): Josh still knows and loves many Mormons and he is convinced that most Mormons are good people. … However, Josh will not attend the Mormon Church again because of the various pressures placed on Susan, and now on him as well as his extended family.

Dave Cawley: The website explained he was investigating unaffiliated Christianity as an alternative to The Church of Jesus Christ of Latter-day Saints. He’d met and befriended a local pastor named Tim Atkins and was attending his church instead.

On another part of the site, the Powells recounted Jennifer’s visit to Steve’s home in January of 2010, when she’d confronted Josh while wearing a wire.

Jennifer Graves (from January 22, 2010 wire recording): Can you look me in the eye and tell me you really did not have anything to do with it?

Josh Powell (from January 22, 2010 wire recording): I did not have anything to do with it.

Dave Cawley: The webpage accused Jennifer of being a “convincing story teller” who went on an “hysterical rant.”

Eric Openshaw (as Josh Powell from “Mormons Mobilize” page on susanpowell.org website): Josh tried his best to answer Jennifer Graves’ slightly-more-grounded questions, though they were rare… Jennifer Graves’ insinuations became more exaggerated and hysterical with each time she asked, until Josh finally stopped responding to her altogether.

Dave Cawley: Each new post on the susanpowell.org site prompted a flood of critical reaction among the members of the Friends and Family Facebook page. Kiirsi, the creator and moderator, tried to keep the peace in spite of her own outrage.

Kiirsi Hellewell: Debbie and I would just call each other up and just scream over the phone because we were so furious and so outraged that these slime bags could just be out in public doing this to her, when they were the ones that made her disappear and probably had killed her.

Dave Cawley: Debbie, Susan’s daycare provider, also found herself a target.

Debbie Caldwell: I even got a paragraph on that, that website ‘cause I was a man-hater.

Kiirsi Hellewell: Oh yeah. They called her a man-hater.

Debbie Caldwell: Yeah, even though I’d been married to the same man over 25 years I was a man-hater.

Dave Cawley: By November of 2010, the pretense of the site being a place to share happy moments with Susan in absentia had completely evaporated. The writers lashed out at Susan’s parents, again making unfounded accusations that they’d inflicted emotional abuse upon Susan as a child. For Susan’s dad, Chuck Cox, the website was worthy only of a huge eye-roll.

Chuck Cox: When you started reading things, it’s like “this is why Josh is such a great guy.” I thought this was a Susan Powell website. Y’know, “well, Josh is a great father because…” Well, this is nothing but propaganda for him. … There’s nobody could read that website and not realize what it was, that had any idea about the situation. Y’know so, I was like “oh yeah, that’s not worth my time or anybody else’s time.” Just, y’know, it’s just garbage out there.

Dave Cawley: The website claimed Susan had never considered divorcing Josh, which her own writings clearly contradicted. Susan’s friends, like Amber Hardman, couldn’t believe what Josh and his dad were saying.

Amber Hardman: They’d make these wild stories that nobody would believe but then you look at everything that happened and it is a wild story. It’s hard to believe any of it is real almost. Y’know? I remember living through it and just thinking “what’s going to happen next?” Like, “this is like a horror movie.” Like, everything that keeps happening is so unbelievable.

Dave Cawley: In December, another page appeared. It discussed Susan’s childhood friendship with a woman named Brittainy Cornett, who’d written in Susan’s journal when they were both teenagers. The episode in question had involved a tiff between Susan and her mom over some household chores. Brittainy wrote a private note of support and advice to her friend. Josh published those pages, from one teenage girl to another, for all the world to see.

Eric Openshaw (as Josh Powell from susanpowell.org website): The six page letter Brittainy wrote directly into Susan’s journal describes a real-time account of the emotional abuse Susan suffered in her childhood home.

Dave Cawley: The page made it clear: Josh and his family were weaponizing Susan’s childhood journals.

[Scene transition]

Dave Cawley: Charlie Powell sat at the edge of the sandbox, away from the other kids. He wasn’t pouting. He seemed fine playing alone. He just stacked rocks and twigs while babbling to himself.

Two adult counselors from the Mel Korum Family YMCA were also at the edge of the sandbox on that day in late August of 2010, watching over the kids. They’d had them in the summer program for several weeks and were familiar with each child’s unique personality. Charlie, they knew, was whiz at science. He loved to talk about stuff way above his age range, like rockets, evolution and how broken bones heal. Sometimes, his science talk caught the staff at the Y off guard. Like the time he said Bill Nye the Science Guy was always right and God wasn’t real.

One YMCA staffer liked to welcome the kids by saying it was a great day to be on God’s green Earth. Charlie would reply that God offended him.

As he muttered to himself on that August day, he said something about how to kill a bear. It caught the ear of one of the counselors, who asked Charlie to repeat what he’d said.

Charlie said the best way to kill a bear was to dig a big hole, put the bear into it and then throw rocks at it. Once the bear was dead, cover the hole with a tree and plant raspberry bushes. He stressed that last detail. It had to be a raspberry bush. That way, he said, the berries would be the sweetest. One of the counselors asked Charlie where he’d heard such a thing. Charlie hesitated, then said “umm, on t.v.”

Another time, Charlie took off chasing a crow during a snack break.

(Sound of crow calling)

Dave Cawley: He seemed intent on catching and killing it. The staff scrambled to stop him. They asked why he wanted to harm the bird. Charlie replied it was bad and needed to die. He said he needed to bury it, covering the crow with rocks and sticks and flowers because then it would be perfect and no one would touch it.

Now, Charlie was just one of many kids taking part in day camp at the Y that summer. He started in July and kept mostly to himself  for the first few weeks. Toward the middle part of August though, he started to come out of his shell and develop a rapport with the counselors.

He sometimes did troubling things. He tended to pick on one of his fellow campers, a little girl, by putting sand down her pants and kicking her in the crotch. During a campfire activity one day, he explained that Jesus was part of the Mormons and Mormons were bad and should be killed.

Most of the staff had no idea about Charlie’s background, at least not at first. When he started misbehaving, word got around about who his dad was. Some of the counselors started reading up on the Susan Powell case online. Supervisors at the YMCA could see trouble brewing. They advised the staff to stay civil and document their interactions with Josh.

Braden, then three, acted out in a different way. He cried often and wanted to be held constantly. He seemed to cling to the female counselors. They described him as high-anxiety and extra-needy.

Ellis Maxwell: That timeframe that, y’know, those boys were away from their surroundings that they were comfortable with, right, and going to church with mom and, and daycare and stuff like that and being with mom and, the majority of the time rather than dad, they were allowed to be kids. Once Susan went missing and Josh had those kids and more so when he took them from Utah to Washington, y’know, those kids’ exposure to childhood surroundings and environment kind of came to an end. With the exception of them going to YMCA and stuff like that.

Dave Cawley: Josh said he didn’t want his boys getting too attached to the YMCA staff. He acknowledged they hadn’t seen their mother since December but never actually mentioned Susan by name.  From his very first phone call to the YMCA at the start of July, Josh struck the managers as odd. He bombarded them with calls and emails and became irritated when their responses weren’t instantaneous. In person-to-person interactions, he stood or sat very close, keeping his voice hushed as if he feared being overheard.

Yet, he would talk at length about his personal problems, not with his missing wife, but with being unemployed and painted as bad guy in the news media.

Josh inquired if he might be able to get a job at the YMCA, in order to help offset the cost of the day camp. Managers told him he was welcome to apply, just like anyone else. Instead, Josh asked about volunteering. Staff said he would have to apply for one through their parent organization in Tacoma. Josh never did that. Perhaps, Josh suggested, he could just use his computer skills to beef up their registration program or internal software. He was good with computers, he said, and could hack into anything if given enough time.

The whole point of this was Josh didn’t want to pay. He said he was on unemployment and couldn’t afford the programs. No problem, they said, helping him qualify for a 50-percent cut in the dues. But that wasn’t enough for Josh. In one awkward conversation with a supervisor, he broke down and said his life was very hard. He said Mormons were out to get him. They were using the internet to smear his good name. He wondered if the staff might be willing to blog on his behalf, to talk about what a good father he was.

The YMCA staff did not blog about Josh. But they did tell West Valley City police every strange thing he’d done in their presence.

[Scene transition]

Josh Powell liked lapidary. That’s a fancy word for making things with gemstones or minerals. That’s evident from his interest in rockhounding and geodes in Utah. He wanted to share the hobby with his sons. In September of 2010, he started haunting the meetings of a gem and mineral club in Puyallup.

Nancy: Originally he was like this nice guy. And I go “what do you do?” “Oh, I sell real estate and this and that.” And he seemed just seemed like a nice young man.

Dave Cawley: That’s Nancy. She was vice president of the club at the time. She’s never publicly shared the story of her interactions with Josh, Charlie and Braden. She asked that I not use her last name for this podcast, out of concern for her privacy.

Nancy: I had no idea who he was. I didn’t even know who he was. And I would look at the little boys and I would think “where’s your mommy” in my head. “Where’s your mommy?” And, and then I’d just put it like, well maybe they’re separated and he’s got custody every other week and this is where they go ‘cause it’s something to do, rather than just stay home on a Friday.

Dave Cawley: In those early days, Josh often stayed after the meetings ended to talk to Nancy. He seemed eager to impress her.

Nancy: And it wasn’t until there was a class there and somebody said to me “you know who they are, right?” And I go “who? Who is?” And they go “Josh.” And I go ‘I know that’s Josh, yeah.” And he goes “that’s Josh Powell. His wife’s missing.” And I’m like “no, no!” And I was shocked. And then I went home and I watched the TV, or y’know I pulled it up on the internet and there his face is and I literally cried because, first off, that’s, where’s your mommy. That was answered.

Dave Cawley: Josh kept attending the meetings, week after week. He rarely spoke with the other members, even during social events like field trips.

Nancy: I had heard that he was, his intentions were to learn how to make jewelry with these stones and sell it, so he could make some money. That’s what I heard is what is intentions were for being in the club was to make money off of making some jewelry.

Dave Cawley: The club held a kids corner once a month. That wasn’t enough for Josh. He brought his boys to every meeting, even when they were just dry lectures or discussions of club business.

Nancy: They were just, it was like they were, like they had ants in their pants. They wanted to get up and go. They didn’t like it there until they got to move. And they’d run upstairs. They’d go into areas they shouldn’t go. They, they were so rambunctious but I don’t, I don’t know if that was just to be free.

Dave Cawley: Josh let the boys run wild. The climbed on tables. They dashed up stairs. To Nancy, it seemed the boys were releasing pent-up energy. And they sometimes got into mischief.

Nancy: They weren’t mean but Braden bit one of the women on the bottom. I don’t know why but it was during one of the more, maybe he wanted her to get out of the way, I don’t know. (Laughs) It was one of the busier meetings that we had and he came up behind her and bit her right on the bottom. And, umm, surprise to her.

Dave Cawley: Josh also let the boys to use dangerous equipment, like rock tumblers,  unsupervised. Other club members pointed out the obvious risk. Nancy responded by making a new rule saying kids had to have adult supervision to use the machines. When informed, Josh came unglued.

Nancy: Just angry and saying “that’s not fair.” I mean, he would, if it wasn’t going his way, he would lash out.

Dave Cawley: That temper didn’t endear him to anyone. But Nancy and the other club members fell in love with the boys, in spite of their antics. Braden didn’t talk much, but Charlie liked to share, especially when his dad was out of earshot.

Nancy: He was like talk, I don’t know, rubbing his fingers together and talking to me in this quiet, hushed tone. And I couldn’t figure out why and so I was like getting close to him, trying to hear what he was saying. And he was talking about architecture and buildings and I was so impressed with him. I was, I mean this little boy and he, what he was talking about wasn’t the typical thing that a little boy talked about.

Dave Cawley: Those opportunities were pretty rare. Nancy said Josh never paid the boys much mind, until he lost sight of them. One time, Nancy stepped out of the grange where the club met to get something from her car. Charlie and Braden chased her outside.

Nancy: Josh busted through the door and he’s going “what are you guys doing out here!?” I mean, just freaked at them. Just over and above because I was right there. But he, he lost it because they were out of his sight.

Dave Cawley: On another occasion, Charlie bumped into a club member. It led to a stone that Josh’d been polishing falling onto the floor. Josh picked up the stone, spotted a small chip and exploded at Charlie.

Nancy: Screamed at him. Just yelled at him, like, “you broke this, you’ve ruined it!” And the club member was like “no, no, no. You can just put it back on the sander and polish it up again and it’s ok, it’s alright.” So club members were calming Josh down because he got so angry because this rock hit the floor.

[Scene transition]

Dave Cawley: Charlie’s only real escape came at school. He started kindergarten at Carson Elementary when the YMCA summer programs ended. On September 19th of 2010, Josh delivered a letter to the principal of the school. Here’s what it said.

Eric Openshaw (as Josh Powell from September 19, 2010 letter to Carson Elementary): Charlie is an at risk child due to a vigilante mob being led and encouraged by people who claim to be friends and family… In order to protect Charlie’s physical safety and emotional wellbeing, he must be kept away from anyone claiming to be a friend or family member unless explicitly authorized by me to have contact.

Dave Cawley: The only people Josh authorized to pick up Charlie were himself, his dad Steve, his sister Alina and his brother Michael. The letter included a “no contact” list for Charlie, which singled out not only his maternal grandparents Chuck and Judy Cox, but also his mom, Susan.

Tammy Forman: It was really creepy to me that the first, one of the first things he said to me is “their mom is not allowed to see them.” Because once I found out who he was, I thought “if you killed her, why would you even be saying that. Why would that be an issue for you?”

Dave Cawley: That’s Tammy Forman. She was Charlie’s kindergarten teacher. She did not like Josh.

Tammy Forman: I felt scared when I was around him. I thought he was really creepy.

Dave Cawley: Josh fretted about police and the media getting access to Charlie through the school. It led to him making an unusual demand.

Eric Openshaw (as Josh Powell from September 19, 2010 letter to Carson Elementary): If possible please forbid all outsiders from entering Charlie’s classroom unless they are related to another student (this includes any space while it is occupied by Charlie). If you cannot legally stop them from entering Charlie’s space, you are instructed to immediately hold Charlie in a private area away from the outsiders and contact us.

Dave Cawley: Josh rarely dropped off or picked up Charlie himself, instead sending Alina to do that. She often came with detailed instructions from Josh, or sometimes Steve, about how the faculty were to conduct themselves.

Tammy Forman: But she always seemed very apologetic about where Josh was and I was just happy that (laughs) I was dealing with her and not one of them.

Dave Cawley: A few weeks later, Charlie told his teacher it was okay to swear around Mormons because they didn’t like it and would ask you to stop. If you kept swearing, the Mormons would leave, so you should try to swear around Mormons. Tammy told Charlie he shouldn’t use bad language at school. None of this is to say that Charlie was a bad kid. He wasn’t. Tammy could tell he was very bright.

Tammy Forman: He was very entrepreneurial and extremely curious. Just wanted to know about everything. I would say he was precocious.. He didn’t really fit in. He was very quirky and kind of like a little man. He didn’t, he wasn’t playful. Very serious boy, so I think kids didn’t know what to make of him. They didn’t dislike him, but he was, was always alone. Like, at recess he would just be down on the ground, y’know, looking at some bug or, I don’t even know what. (Laughs) I always saw him out there crawling or, y’know, he had projects going on all the time.

Dave Cawley: While alone, Charlie often wrote.

Tammy Forman: He wrote a story about ants because we had an ant infiltration and he was very concerned that I not hurt the ants so he wrote out directions of how to get rid of ants without hurting them.

Dave Cawley: During class one day, he drew a picture. When Tammy asked what the crayon-scribble-blob was supposed to be, he explained it was a gun.

Tammy Forman: And he drew it upside-down so when I saw it, first saw it, it looked like people on a mountain or something. And I was always on edge about “what’s he drawing?” Umm, and then I turned it around and it looked like a gun to me.

Dave Cawley: Alina pestered Tammy in early October, after Charlie came home from school with a small nick over his left eye. She said Josh wanted to know how it’d happened. Tammy told Alina kids get scrapes all the time. Charlie might’ve even done it to himself. It wasn’t a big deal. But it was a big deal to Josh. He and Alina complained to the school counselor.

Josh tended to monopolize the time at school for events like parent-teacher conferences. One time, he demanded Tammy stay late so he could meet with her one-on-one after he was done at work.

Tammy Forman: And I said that would be fine but our principal will be there. And he said “oh, it’s okay. I can get off work. I’ll come earlier.”

Dave Cawley: He didn’t talk much about his son’s behavior or grades, but instead asked for specifics about what Charlie’d been saying in class.

In January, the Powells started lobbying Charlie’s classmates, inviting them to come to his sixth birthday party.

Tammy Forman: Josh and Steve had almost a campaign going. They wanted kids to go to the party and every day they brought a different kind of candy and there would be an invitation as part of the candy. And they would take a vote, like, have everybody raise their hand “are you coming to Charlie’s party?”

Dave Cawley: Tammy wanted to help Charlie make friends, but had serious misgivings about any kids spending time at the Powell house. She was prohibited from sharing those concerns with the parents of any of the other students. Steve Powell though did a good enough job creeping people out without Tammy’s help.

Tammy Forman: Yeah actually, my daughter was playing out on the playground while I was doing some planning and Steve came to the playground with his camera and was taking pictures of the neighborhood kids playing on the playground and several parents asked him to leave and he was being defiant.

Dave Cawley: In February of 2011, after Charlie turned six, he made a strange comment during a classroom discussion about siblings.

Tammy Forman: Charlie said that his brother was dead one day. He just came and said “my brother’s dead.” … But Charlie more and more would start to say odd things and I’d just send him to the counselor ‘cause I didn’t want any kind of big confession there in front of the class.

Dave Cawley: The principal, Arturo Gonzalez, reached out to the Washington State Children’s Administration. He told them them something horrible might have happened to Braden. The Pierce County Sheriff’s Office sent a deputy to the Powell house. Josh and family were not happy to see a cop on their doorstep. Braden was alive and well, they assured him.

In May, a classmate said Charlie’s mom was dead. He overheard the remark, marched over to that table and shouted that his mom wasn’t dead, she was just away from her parents because they’d abused her. Later that day, Tammy asked Charlie if he was ok.

Tammy Forman: He said “I feel a little better because I’m really smart and I can figure out a way for liars like this student to go to jail for 14 years.”

Dave Cawley: In June, the counselor at Carson Elementary contacted the Children’s Administration again. A classmate had tried to befriend Charlie. Charlie told the other boy “I do not want you to sit by me. I am going to come to your house at night and kill you.” The counselor had taken Charlie aside and asked why he’d made the threat. Charlie told her he wanted to kill the boy because he was a Mormon.

Tammy Forman: And I feel like as the year progressed, he was getting closer and closer to saying something that would have incriminated his dad. There were more and more times when I would feel like “oh, we’re getting really close.” Especially with talking about camping and talking about his mom and the crystals and “my mom’s not dead.” And that kind of thing was happening more and more.

Dave Cawley: Toward the end of the school year, Josh twice turned up at the school and planted himself on the floor of Charlie’s class. Tammy told him that was not acceptable. But Josh wouldn’t leave.

Tammy Forman: And then when people would come in to have him leave, he would say “oh no, I’m fine.” He wasn’t really combative, he just wouldn’t leave. And so then they would have to go get someone else. And eventually the principal would have to come in and escort him out.

Dave Cawley: Josh frequently called the school counselor, venting about the investigation into Susan’s disappearance. He insisted on his innocence. The counselor, who was unnerved, started to screen Josh’s calls.

Tammy Forman: So I didn’t feel like Josh was interested in me romantically. I guess, umm, our administrative assistant felt that from him and was creeped out. She started wearing a fake wedding ring because she didn’t want him to be interested in her. But Steve, on the other hand, it was so creepy. He was like a little boy with a crush when he would come around. Like, he would get all red and be overly polite and accommodating and thankful. And it was really creepy.

Dave Cawley: Josh caused a stir by attempting to join Carson Elementary’s parent-teacher association. The PTA president said he was welcome, assuming he could clear a background check. Other parents were not thrilled. They talked about circulating a petition to try and block Josh’s participation. Josh backed off once word of the dust up hit the news.

[Ad break]

Dave Cawley: A small group of people gathered at a city park in West Valley City, Utah on Saturday, October 16, 2010. They came together for an event marking Susan Powell’s 29th birthday. The guest of honor, needless to say, did not attend.

Many of Susan’s close Utah friends, who had been drawn together over the 11 prior months, were there. Neighbor and confidant Kiirsi Hellewell was there. So was the former daycare provider, Debbie Caldwell, and Susan’s sister-in-law, Jennifer Graves.

Jennifer Graves (from October 16, 2010 KSL TV archive): We want closure. What’s done is done. So if she’s alive, we want her back. If she’s not, then we want to know the truth.

Dave Cawley: So too were West Valley City police. They kept a low profile, watching as the small crowd of about 25 people tied notes to strings, which were in turn attached to 150 balloons. The balloons lavender and purple, Susan’s favorite color. Each card included a picture of Susan and message about her disappearance. At the conclusion of the event, the balloons rose into the sky, carrying the messages on the wind.

Crowd (from October 16, 2010 KSL TV archive): Happy birthday!

Dave Cawley: A similar event took place in Puyallup, Washington. Josh did not attend either event. That day, he left home without his boys at a quarter to 9 in the morning. He didn’t return until just after 7:30 that night.

West Valley were watching him, too. They’d visited the YMCA at the end of the summer, setting up in the chapel to interview all the staff who’d interacted with Josh and Charlie.

Ellis Maxwell: See, Charlie was 5, I believe, at the time. Kids are very creative. They have a very active mind at that age and they’re very observant. Their, their brain’s a sponge.

Dave Cawley: Detective Ellis Maxwell was trying to make sense of Charlie’s comments about killing bears and hating Mormons. Did any of it have to do with Susan?

Ellis Maxwell: Yeah, I think you could put a little bit of stock into it. However I just, I’m not sure how well it would hold up.

Dave Cawley: Not only was it a jumble, but it seemed obvious to the police that at least some of Charlie’s responses had been coached. After all, the boys had been living with Steve, Josh, John, Michael and Alina for months.

Ellis Maxwell: They would not talk like traditional adults would talk around their kids. I mean they, they didn’t really watch their language, umm, and so I think a combination of that — what they were exposed to inside that home at Steven Powell’s — and just them themselves and being kids and maybe even the media.

Dave Cawley: Police learned Josh had landed a job working for Microsoft. Steve Powell wrote about Josh’s new job in his journal in early September.

Ken Fall (as Steve Powell from September 8, 2010 journal entry): This is Josh’s 2nd week at Microsoft. He is quite happy there, but incessantly worries that someone will confront him on his wife’s disappearance and he will be let go. He lost the first job that hired him the day before he started, after signing contracts and passing their background check.

Dave Cawley: The police hatched a plan. They knew Josh was commuting by train between Puyallup and Bellevue. What if, they wondered, he happened to meet someone on that train?

Ellis Maxwell: Yeah, the goal was to put a UC on the train and get close with Josh and try to befriend him.

Dave Cawley: UC is short for undercover. This wasn’t going to be just any undercover officer, though.

Ellis Maxwell: Y’know obviously you’re going to get more intel, get more information, it’s, he’s going to be more open and receptive to a female.

Dave Cawley: Ellis hoped the seeds of an incipient romance might just compel Josh to confide some detail that would give him away.

Ellis Maxwell: Yeah, it was a great plan.

Dave Cawley: Detective Ellis Maxwell and his team arrived in Washington in early November, to their plan in motion. They never had the chance.

Ellis Maxwell: Like, the next day we were gonna move forward with it. We were all up there and we were ready to go and he lost his job.

Dave Cawley: Here’s what happened. Josh provided an interview to the Salt Lake Tribune. He told the paper that Susan was “extremely unstable” and would only return home once the public furor over her disappearance dissipated. He called Chuck Cox a “puppet master” who was organizing a “hate wagon” of followers on Facebook. Josh criticized the media for portraying him as a “Marvel Comics super villain.”

On the one hand, Josh finally talking was a boon for the police.

Ellis Maxwell: Y’know, for example Steven Powell and Josh going to the media and saying how, y’know, she was going to be chewed up like hamburger when she returns. Great, kudos man. Why don’t you guys keep this up. Because these are going to be great to introduce when we get into a trial because, y’know, if you genuinely cared about your missing wife and you weren’t responsible you wouldn’t be talking in this fashion, right?

Dave Cawley: But it wrecked the undercover girlfriend operation.

Ellis Maxwell: Josh basically got himself fired from his job because they learned who he was and he’s in front of the media and, uh, he basically lost his job, so, and that happened literally, like the day before our operation.

Dave Cawley: West Valley’s November trip to Washington wasn’t without fruit, though. While there on November 16, West Valley police Lieutenant Bill Merritt and U.S. Marshal Derryl Spencer paid a visit to the Powell home. Steve invited them into the entryway, where they chatted.

Josh was home at the time and also joined in the conversation. Once he did, Steve invited the investigators into the living room. Then they all settled in for a longer talk. Steve and Josh both used the opportunity to berate the police. Steve repeatedly brought up Susan’s childhood journals, even reciting passages from memory.

In a report, Merritt said each time Steve referenced the journals, he seemed to lose touch with reality and stare into the distance. The investigators asked for the journals.

Ellis Maxwell: They initially told us “well we’re not going to turn them over to you, but we’ll make copies for you.” And it’s like “no, we need the journals, not copies.”

Dave Cawley: Josh and Steve proposed a swap. They offered up copies of the childhood journals, in exchange for the adult journal of Susan’s that police had recovered from her workspace. The cops said ‘no deal.’

[Scene transition]

Dave Cawley: Steve Powell had long shown an unusual interest in his daughter-in-law’s journals. On January 11th of 2003, he wrote in his own journal about visiting Josh and Susan’s apartment when they were still living in Washington state.

Ken Fall (as Steve Powell from January 11, 2003 journal entry): I have had access to their storage room for a few days and couldn’t help but notice two enticing storage boxes, one labeled “Susan’s photos” and one “Susan’s journals.” When it comes to Susan, I stop at nothing. I helped myself to everything in those boxes and have scanned hundreds of pages and photos. … I don’t feel in the least guilty about these things.

Dave Cawley: Steve hadn’t shown a similar desire to preserve his own writings. He noted his “scan-happy” son didn’t bother to make digital copies of Susan’s journals, either.

Ken Fall (as Steve Powell from July 7, 2003 journal entry): I scanned everything into my computer and now have copies of dozens of early pictures and all her journals up to late 2000. If she loves me, as I think she does, she will not be upset. In fact, she will be thrilled that I am so interested in her. Josh hasn’t read them, and never will.

Dave Cawley: Susan’s journals dated back to age 8. During her teenage years, she’d penned frank entries about her family, her crushes, her boyfriends and her heartbreaks. Her teenage relationships were turbulent and intense, as they often are.

Steve found those descriptions titillating. He continued to sneak glances at his daughter-in-law’s current journal whenever he could. Yet, for all of his obsession, Steve couldn’t understand why Susan didn’t spend more time in those volumes talking about him. On October 6, 2003 he wrote:

Ken Fall (as Steve Powell from October 6, 2003 journal entry): Most profound to me is that there is nothing positive said about me. I am almost a footnote. … And with all the other negative comments about me she doesn’t mention a word about my sexual proclivities, which include taking video clips of her from head to foot. … It’s too bad she is silent about sexual magnetism between us. It would have made interesting reading. I would even have enjoyed it if she had called me Satan incarnate for trying to lead her into sexual sin… But there is nothing.

Dave Cawley: Steve’s violation of Susan’s privacy did not stop, even after her disappearance. He started reviewing those nine journals again, this time with Josh’s full knowledge and cooperation. On October 25, 2010, Steve wrote:

Ken Fall (as Steve Powell from October 25, 2010 journal entry): Josh was talking more yesterday about the first days after Susan disappeared. He had told me months ago that the West Valley City police had lied to him during their interrogations, but he went into more detail. I think he is getting a more secure feeling as we read through Susan’s journals and find out who she really is.

Dave Cawley: When Steve and Josh proposed swapping copies of Susan’s journals with the police in November of 2010, they obviously hoped to gain by it. That hope didn’t last. After the police returned to Utah, Steve called U.S. Marshal Derryl Spencer to tell him they wouldn’t be giving up Susan’s childhood journals under any circumstances.

Josh, it seemed, was coming around to his father’s point of view. The pair saw in those journals a defense. They would use Susan’s childhood writings to portray her adult self as promiscuous and emotionally unstable.

Nancy from the Puyallup gem and mineral club said Josh even mentioned the journals to her, as he was filling out club membership papers.

Nancy: He looked away from the paper and up at me and he goes “do you know my story?” And I go “yes, I do.” And he goes “oh, ok.” And then just turned around like it was nothing and kept filling out the paper.

Dave Cawley: Josh left many of the fields blank, telling Nancy he didn’t want people to know his personal information. He went on to say Susan had been mentally ill and confided he was preparing to release her childhood journals.

Nancy: I just said, y’know, “childhood journal, it does not define the adult.” I go “that’s, I wouldn’t, do you really want to do that? I wouldn’t do that. It’s going to come back on you in a negative way.” And his response was “well, her parents are saying bad things about me.” And, and it was almost like he had to one up them. … And I just said “well that will come back on them. If they’re saying something about you, it will come back on them but why don’t you be a bigger man and not give those journals out to anyone? Those are childhood journals.” And he’s going “well you don’t know what I went through. You don’t know.” And I go “oh, you’re right. I don’t know.” And so that conversation, that was it for that conversation. And it was eye-opening and shocking. It’s like it, it’s like it, right now thinking about it, it’s like it wasn’t even real.

Dave Cawley: For Steve, Susan’s journals were proof she had led a double life. On July 14, 2011, he broadcast that theory to the world. Steve went on NBC’s Today show and openly discussed his feelings for Susan. The NBC crew even filmed a segment inside Steve’s house, where he showed off the actual journals.

Rich Piatt (from July 14, 2011 KSL TV archive): But Steven Powell’s own daughter, and Josh’s sister, is disturbed by what her estranged father is doing.

Jennifer Graves (from July 14, 2011 KSL TV archive): I think it’s not ethical. I think the fact, the very fact that he’s isn’t, that he’s even reading them, why? If he thought there was something really there, there was something of value there that was like evidence or something, turn ‘em over to the police. That would be the logical course of action.

Dave Cawley: Josh and Steve had finished scanning each book and claimed to have 2,000 pages of Susan’s writings. They’d obsessively transcribed and annotated them. They intended to put the documents, Susan’s entire adolescence, on the susanpowell.org website, piece by piece. Susan’s friends, like Kiirsi Hellewell, were outraged.

Kiirsi Hellewell: Josh’s dad was reading that and posting pages from it and oh, I was furious. I was in, I think I was in New York at the time, umm, doing some media and I got the news that he was posting, like I watched an interview that he did with the Today show where he was sitting there turning the pages of the journal and reading little excerpts from it. And I was ready to drive to Washington and rip his head off. And I’m not a violent person. Like, I was so angry that the person that she despised most in the whole world — she couldn’t stand him, she loathed him, she told me about all the things he tried to do to her, to hit on her and take pictures of her getting dressed and stuff like that — that he was having that precious teenage journal where she’d poured out all her thoughts and feelings and he was looking at it and reading it.

Dave Cawley: But police couldn’t believe their luck.

Ellis Maxwell: Y’know, them coming forth with the media and letting the media into Steven Powell’s home was great.

Dave Cawley: Ellis Maxwell saw it as a major miscalculation on Steve’s part.

Ellis Maxwell: I mean, there was some things that Steve did that was wonderful and Josh, I was like “right on” because that’s what I needed to get inside Steve’s house.

Dave Cawley: Ellis wasn’t the only one who realized the Today show appearance was a gift in disguise. Kiirsi saw it, too.

Kiirsi Hellewell: I was sitting in the hotel room watching it and I just, John and I were just, my husband and I were sitting there in shock with our mouths dropped open and I said “wow, he just gave the police a search warrant—”

Debbie Caldwell: ‘Cause he said it was evidence.

Kiirsi Hellewell: —because he said “this is important evidence that I have in Susan’s case.” I’m like “oh well, there’s the reason for a search warrant.”

Ellis Maxwell: So when he let the media in the house and let ‘em film his residence and film these journals in his residence, that was money. That was money ‘cause that was our probable cause to, to get inside the house and that’s what we needed. And so there was some things that they did, they were trying to divert attention. And that’s another one, was letting the media in on these journals. Some of it was useful to us. Some of it I didn’t waste time on. And uh, what was useful we capitalized on.

Dave Cawley: On the next episode of Cold.

Chuck Cox: I knew what kind of words I needed out of Steve. I needed to give the police a reason to give a judge that they needed to get those journals back.

Cold season 1, episode 9: Light of Seattle – Full episode transcript

Dave Cawley: Steve Powell sent an email to West Valley police in mid-January, 2010, about five weeks after his daughter-in-law Susan’s unsolved disappearance. Steve wanted to know if police were looking into any other “persons of interest” beside his son, Josh. Steve had someone to suggest: a man named Tim Peterson.

Ken Fall (as Steve Powell from January 15, 2010 email): We are developing a resume of sorts on Tim Peterson, possibly to send to the media.

Dave Cawley: Peterson and his family lived in Josh and Susan’s West Valley neighborhood. In the summer of 2009, before Susan disappeared, both Tim and his wife Crystal had offered Susan advice about divorce and marriage counseling. Crystal had given Susan hand-me-down clothes for her sons Charlie and Braden to wear. Tim, under pressure from Josh, had offered the Powells his backyard swing set. His kids had outgrown it.

Then, Susan vanished. Tim suspected Josh was responsible. Late one December evening, he drove his truck and trailer over to the Powell house on Sarah Circle. He started backing into the yard, intent on retrieving the swing set, but the trailer clipped a fence and became mired in the snow.

Josh’s brother Michael, observing this, told Tim to leave. Tim refused. Michael threatened to call the police. TV news crews camped out in the cul-de-sac watched in disbelief.

The next day, Michael told a detective he’d remembered having a phone conversation with Susan a few weeks before she’d disappeared. He claimed Susan had mentioned a neighbor guy who was getting “too close for comfort.” Michael said his name was Tim Peterson. This was the first the police had heard of it and they had no way of verifying Michael’s claim, but it was all Steve Powell needed to paint Peterson as a scapegoat. Here again is what Steve wrote in his email.

Ken Fall (as Steve Powell from January 15, 2010 email): Since Tim Peterson’s violent show the other night, Josh had begun to look at him differently, and was taken aback to since learn that Peterson was trying to break up the Powells’ marriage.

Dave Cawley: Steve wondered if Peterson might’ve kidnapped Susan. Maybe, he suggested, she’d called him for a ride to work the morning of December 7th and that’s when Peterson did something terrible. Tim told me Josh had tried to make him into a patsy.

Tim Peterson: Before she went missing, he was almost like trying to get me to hang out with his wife.

Dave Cawley: But it didn’t work. In the weeks and months that followed, Tim would go so far as to take a lie detector test. It ruled him out as a suspect. When police obtained copies of Susan’s emails, they were able to read exactly what he’d told her about Josh.

Tim Peterson: I knew this guy was a piece of crap and uh, that he was trouble and I tried so hard to, to explain that to uh, Susan and help her to understand that he’s a sociopath and, and being such everything is an asset or a liability and that’s how he looks at people. Asset or liability. And if you decide to try and get a divorce from him, you then become a liability and you’re gonna take away things that belong to him, his assets. And there won’t be any, any doing of that, especially his kids.

Dave Cawley: This is Cold, episode 9: Light of Seattle. I’m Dave Cawley.

[Ad break]

Dave Cawley: Steve Powell’s email to the police about Tim Peterson included a clue he might not have intended to provide. At the bottom of the message was a footer, a piece of text automatically added to all of Steve’s outgoing emails. It read “hear the music at www.stevechantry.com.”

[Sound of Steve Powell’s music]

Steve Powell (from song recording): I can love in you a secret way. I can love you each and every day.

Dave Cawley: Following the link took the reader to a website with a nighttime photo of Steve sitting in front Elliot Bay, with the Seattle skyline reflected in the water behind him. The banner text at the top of the page read “Music of Steve Chantry” in a cursive font.

Ellis Maxwell: Steve Chantrey is a very creative individual. It’s why he’s a writer, it’s why he’s a singer, it’s why he’s a musician.

Dave Cawley: That’s Ellis Maxwell, the now-retired police detective who led the investigation into Susan Powell’s disappearance. He and the rest of the major crimes team took great interest in Steve’s website.

A navigation bar on the left-hand side included a link for an album titled “Light of Seattle.” It led to lyrics for 12 songs. One, titled “I Said, I Love You,” seemed particularly disturbing given what detectives had already learned about Steve’s lust for his daughter-in-law. Here’s how the song started.

“I said, ‘I love you.’ Is that a sin? I just might wanna say it once again: I love you, like it or don’t. I said, ‘I love you.’ You should have kissed me. I felt like giving up when you just dissed me. I love you…”

[Sound of Steve Powell’s music]

Steve Powell (from song recording): …so put me in jail. I said “I love you.” I couldn’t help it and you were mistaken if you thought I’d shelf it. I love you so cough up my bail. You made my eyes pop out of their sockets…

Dave Cawley: Susan had been Steve’s muse for years, his reason for writing. The selection of songs on his website didn’t even scratch the surface. He kept an updated tally of songs she’d inspired on his computer. That list grew to include more than 50 titles.

In April of 2010, Steve wrote this in his journal.

Ken Fall (as Steve Powell from April 6, 2010 journal entry): I recently dusted off my song “The Stars are Twinkling Down in Provo” and when I played it for Josh and Michael, they said it sounded like it was also about Susan. They like the line “you departed in a hustle, you flipped me off and showed your muscle.” Since I wrote the song years ago, Michael called me Nostradamus, a prophet.

Dave Cawley: Steve had even inserted Susan into songs she’d not originally inspired. One titled “Lydie with the Sunlight Hair” became “Susan with the Sunlight Hair.”

[Sound of Steve Powell’s music]

Steve Powell (from song recording): Soft in my ear, my Lydia.

Susan Cox Powell (from song recording): Lydia.

Steve Powell (from song recording): Soft as I dream of you.

Susan Cox Powell (from song recording): I dream of you.

Steve Powell (from song recording): Your voice is like the dew…

Dave Cawley: That voice you hear singing the harmony belongs to Susan.

Steve Powell (from song recording): …refreshes in the morn when I wake to think of you.

Dave Cawley: She’d reluctantly agreed to record background vocals for Steve. Months before her disappearance, she’d showed the songs to some coworkers.

Amber Hardman: She played it for all of us at work and we were all laughing about it and how weird that was. And she was laughing along with us and agreeing, “it’s so weird.”

Ken Fall (as Steve Powell from April 26, 2010 journal entry): There is a place in the instrumental bridge with the line “I’m in love with Susan.” Josh said people would find that objectionable, but that’s my favorite four seconds in the whole song. … My fantasy is that she will return, Josh won’t want her, and she will take up residence in my bedroom.

[Sound of Steve Powell’s music]

Steve Powell (from song recording): I spent the whole day through waiting for you. I could be getting a mistaken impression each time you seem to gaze at me. You let me touch you softly. Why is the question. And the effect amazes me. Had trouble sleeping…

Dave Cawley: No sooner had the Tim Peterson theory collapsed than Steve latched on to a new hypothesis. In mid-February of 2010, he called the FBI and asked to meet with agents. He wanted to talk to the feds about Steven Koecher.

Steve Powell (from February 24, 2010 FBI interview recording): I mean, Josh’s story may be fishy but this one’s even fishier, y’know?

Dave Cawley: Koecher was a resident of St. George, Utah. He’d disappeared under bizarre circumstances on December 13th of 2009, a week after Susan’s disappearance. Koecher was last seen on a home surveillance video, leaving his car at a cul-de-sac in the Las Vegas, Nevada suburb of Henderson. Where he went or what became of him are still unknowns. Like Susan, he has never been found.

Steve Powell claimed that because Susan and Koecher were both Latter-day Saints and both from Utah, they must’ve had a secret relationship. He supposed Susan had hatched an elaborate plan to run off with Koecher, possibly fleeing the country and traveling by land and sea to Fortaleza, Brazil, where Koecher had lived while serving a two-year church mission.

Special Agent Russ Johnson from the FBI’s Salt Lake City field office arranged to meet with Steve on February 24th and he tapped another special agent from the Tacoma area, Gary France, to take part in the interview.

Steve arrived in the afternoon. The agents took him into a room, sat him down and started to ask about Josh.

Russ Johnson (from February 24, 2010 FBI interview recording): Did he know that you were coming in today to talk to us?

Steve Powell (from February 24, 2010 FBI interview recording): Yeah, yeah.

Russ Johnson (from February 24, 2010 FBI interview recording): Yeah? How did he feel about that?

Steve Powell (from February 24, 2010 FBI interview recording): Well y’know, he just said, y’know, “just be aware that they’re not, they’re not on our side.” That’s pretty much, y’know, because he kinda, that was his experience with the West Valley City police.

Dave Cawley: This is the actual recording of that interview. This is the first time it has ever been made public.

Steve didn’t know it, but the FBI had also invited West Valley police to observe the interview, unseen, from another room. The agents didn’t dive into the Koecher stuff right away. Instead, they told Steve they were coming to the case late. Much of what they knew, they said, came from the media. Their questions later in the interview would prove this was disingenuous, but it made sense for them to try and build some rapport with Steve at the outset.

Agents Johnson and France asked Steve about where he was the day Susan disappeared and his communications with Josh since. Steve said he’d had only sporadic contact with Josh on that day and the days that followed. He told the agents he was 75% sure Susan was still alive. He said he was 100% sure Josh hadn’t killed Susan.

Steve Powell (from February 24, 2010 FBI interview recording): I, I think we’ll find her, I really do. Umm, and uh, and the other thing that has happened since the beginning of this whole process is that, y’know, when it first started, I didn’t know what happened to her. I didn’t have much contact with  my son because — that is, the son who’s married to her — because the police confiscated his cell phone. He had a crappy cell phone that didn’t work. I couldn’t—

Russ Johnson (from February 24, 2010 FBI interview recording): Well, how did, how did you hear about it?

Dave Cawley: He made no secret of the fact Josh had bought another phone and swapped his SIM card into it. Steve conceded that in the first days and weeks after Susan’s disappearance, even he had had his doubts about Josh’s camping trip alibi.

Steve Powell (from February 24, 2010 FBI interview recording): It looked pretty fishy and so of course the accusations came immediately that “oh,” y’know, yeah, “he did something with her,” y’know, he’s uh, y’know, eliminated her or whatever.

Russ Johnson (from February 24, 2010 FBI interview recording): Well—

Steve Powell (from February 24, 2010 FBI interview recording): And of course, being on the other end, y’know, anybody’s capable of doing that kind of thing. I mean, I could do it, you could do it. I mean we, in a fit of anger—

Russ Johnson (from February 24, 2010 FBI interview recording): Weird things happen in relationships.

Steve Powell (from February 24, 2010 FBI interview recording): Weird things happen in relationships. But, but, y’know, and I struggled with that for, y’know, because I couldn’t reach Josh half the time on the cell phone. It didn’t work, we weren’t connecting.

Russ Johnson (from February 24, 2010 FBI interview recording): Was this on Monday?

Steve Powell (from February 24, 2010 FBI interview recording): This is, well, this is on Monday and, and even after that for the next three weeks.

Russ Johnson (from February 24, 2010 FBI interview recording): Were you able to talk to him a couple of times though?

Steve Powell (from February 24, 2010 FBI interview recording): Oh yeah, yeah. Every, every day. Yeah, at least a little bit in spite of the cell phone problems. Yeah.

Dave Cawley: The communication troubles had led to Steve considering a trip to Utah, but he said he’d been so despondent in those early days, he couldn’t endure it. Instead, he sent his youngest children, Michael and Alina. Over the phone, he’d advised Josh to get a lawyer.

Steve Powell (from February 24, 2010 FBI interview recording): Why haven’t the police contacted his attorney? They haven’t even contacted him?

Russ Johnson (from February 24, 2010 FBI interview recording): They haven’t? They’ve not even contacted the attorney?

Steve Powell (from February 24, 2010 FBI interview recording): No. Not even contacted him.

Russ Johnson (from February 24, 2010 FBI interview recording): Wow.

Steve Powell (from February 24, 2010 FBI interview recording): No, they haven’t asked him any questions. The only contact they had was about two weeks ago when Josh was in Salt Lake City, or in West Valley City, and they called him and said “we don’t have your finger prints.”

Dave Cawley: That wasn’t true. Josh’s attorney, Scott Williams, had told West Valley police in December that Josh wouldn’t submit to another interview or take a lie detector test. In late March, Williams had sent Ellis an email, telling him Josh needed his computers back for “tax, professional and personal endeavors.”

On February 3, 2010, Ellis called Josh’s phone number.

[Sound of phone ringing]

Dave Cawley: He knew Josh was in the Salt Lake City area at the time, but didn’t know for how long. Josh didn’t answer the call, so Ellis left him this voicemail.

Operator (from February 3, 2010 recording): When you are finished recording, hang up. Or for delivery options, press pound.

Ellis Maxwell (from February 3, 2010 recording): Hey Josh, it’s detective Maxwell with West Valley police department.

Dave Cawley: Ellis said he needed Josh’s fingerprints. He also said he wanted to talk to Josh about Steve’s email regarding Tim Peterson.

Ellis Maxwell (from February 3, 2010 recording): So I have a lot of questions there as well in regards to Tim and your thoughts and the stuff you didn’t share with me.

Dave Cawley: As for the computers?

Ellis Maxwell (from February 3, 2010 recording): You want to get your uh, computer stuff back. Uh, the RCFL, they’re finding that a lot of your hard drives and a lot of files are encrypted, so need to see if you’ll give us those passwords so we don’t have to uh, break those encryptions or those codes. Alright?

Dave Cawley: Josh didn’t call Ellis back, but his defense attorney Scott Williams did. Williams told Ellis that Josh couldn’t remember the passwords, but might if he were allowed to sit down with the devices. Ellis said they could make that happen but of course, Josh never followed through.

The agents told Steve they were very skeptical of his claim West Valley detectives had not contacted Josh’s attorney. Steve insisted it was the truth.

Steve Powell (from February 24, 2010 FBI interview recording): They, they really, if they wanted to talk to him, they missed the boat because he was down in Salt Lake twice since he came up here to be with, to live in my house. He’s been back there twice for several days and they, if they wanted to talk to him, his attorney is totally available, totally, y’know, responsive. Uh, the only thing they’ve asked for is, y’know, when they first got there they wanted his, his van again and they took the air filter out I guess and don’t ask me what that’s all about since he’s gone all the way from Utah to, to Puyallup and back in the van since this tragedy began.

Russ Johnson (from February 24, 2010 FBI interview recording): Oh yeah? When, when did he do that?

Dave Cawley: In fact, the very same day that Steve was sitting down with the FBI agents in Tacoma, Maxwell emailed Williams, asking to schedule a time when Josh might come to the computer lab and try to input his passwords. Also, he noted that Josh had removed the SIM cards from both his and Susan’s cell phones before police seized each device. He wanted to get ahold of those, as well.

Of course, that never happened. Josh never bothered to come and try his passwords. He made no time for it during his Utah visit in early February. Whether that was a failure of communication or a willing dodge on his part remains unclear.

I’ve tried several times to contact Josh’s attorney Scott Williams. He has never responded to my messages or emails. Josh never asked for his computers again.

Steve’s insistence that the West Valley police had not talked to Josh’s attorney suggested that Josh was keeping his dad in the dark. Either that, or Steve Powell was lying to the FBI, which is a federal crime.

Steve Powell (from February 24, 2010 FBI interview recording): Part of it could be Josh. Y’know, Josh does not want to spend any more on the attorney fees than he has to, so he’s very, makes his contact—

Russ Johnson (from February 24, 2010 FBI interview recording): But wouldn’t he spend whatever he needs to clear his name?

Steve Powell (from February 24, 2010 FBI interview recording): It’s really not a, it’s not a matter of clearing his name because Josh doesn’t feel guilty of anything. He doesn’t even feel, in fact that was one of the things, I, after a few days he was at my house, y’know and, I said “Josh, umm, aren’t you worried that they might come and arrest you?” And he said “no, why? Why would they?” “Oh, ok.”

Dave Cawley: Steve said Josh was annoyed with the police because they had wasted his time and taken his stuff during December. But that wasn’t the worst thing.

Steve Powell (from February 24, 2010 FBI interview recording): No. He doesn’t have any problem with the police. What he has a problem with is, y’know, he feels like when he was there at the police department, the only thing he’s not happy about is they lied to him. They would tell him things like, y’know, “your sons told us that your wife was with you on the campout.” Well y’know, c’mon. He knew she wasn’t with them. And y’know, if you’ve planted things in their minds or you’re making this up, y’know, then the conversation’s over basically. Y’know. … And he, in the back of his mind he said “you’re lying to me.” And that’s what he said to the, I mean he didn’t say that out loud to the police but he said that to me later. He said “they were lying to me. I figured they’re trying to, they’re trying to trump something up here. They’re trying to suggest that I have something to do with her disappearance. And on Wednesday morning…

Dave Cawley: Steve then added another interesting tidbit, saying Josh’s younger brother Michael, who had served in the U.S. Army doing signals and human intelligence work, had “debriefed” Josh after his police interviews. Whoa. Wow.

The agents steered the conversation toward Steve’s relationship with Susan. Here, he spoke in very frank terms, much more so than he had with the West Valley detectives who had interviewed him in a couple of months earlier. He described playing various “cat and mouse” games with her over the course of years, in which he read any incidental physical contact between the two of them as an overt sexual act. In his mind, Susan had instigated it.

Steve Powell (from February 24, 2010 FBI interview recording): And at one point when they were planning on moving, I think they were planning on moving to Yakima, I told Susan that I was in love with her. I didn’t want her to leave and she got, just came unglued. And it was like, it’s ok to play the game, but don’t bring it out in the open. Y’know what I’m saying? So she would not talk to me for three months after that.

Russ Johnson (from February 24, 2010 FBI interview recording): Ok.

Dave Cawley: Now, as we’ve already seen, that unwelcome love confession in July of 2003 was primary motivation for Josh and Susan’s move to Utah. Susan loathed her father-in-law. Yet, Steve truly believed he and Susan continued to share a mutual infatuation. The agents did not scoff at this. Remember, they were trying to gain his trust.

Russ Johnson (from February 24, 2010 FBI interview recording): Did, y’know, the, the natural question is, y’know, did you guys actually ever have any actual contact of any sexual nature or anything or was it just always these, uh, little brushes that, that as you said you play the game on?

Steve Powell (from February 24, 2010 FBI interview recording): Yeah I mean one, one time, y’know, I was massaging her feet and she was putting her feet in my crotch and everything. Yeah, stuff like that. But no, you’re talking about actual physical sex?

Russ Johnson (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): No, we actually never had sex.

Russ Johnson (from February 24, 2010 FBI interview recording): Ok.

Steve Powell (from February 24, 2010 FBI interview recording): Because I don’t think, I didn’t think she would go that far but maybe it was just with me. I don’t know.

Dave Cawley: Steve said that this kind of activity had continued even after Josh and Susan left Washington, though far less frequently. As an example, he told the agents that while Josh and Susan were visiting Washington in 2008, he’d brushed up against her bare breast while she was feeding Braden.

Gary France (from February 24, 2010 FBI interview recording): So Josh was aware of some of these cat-and-mouse games that she was—

Steve Powell (from February 24, 2010 FBI interview recording): Well, I don’t think—

Gary France (from February 24, 2010 FBI interview recording): —she was doing?

Steve Powell (from February 24, 2010 FBI interview recording): —he was aware of it after that because it was, y’know, it was so subtle. I mean, Gary—

Gary France (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): —this, Susan is very subtle. Y’know?

Gary France (from February 24, 2010 FBI interview recording): Ok.

Steve Powell (from February 24, 2010 FBI interview recording): Just like that whole thing pressing her breasts against my hands.

Gary France (from February 24, 2010 FBI interview recording): Yes. Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): Y’know, she didn’t have to do that. She wanted to do it. Y’know what I’m saying?

Steve Powell (from February 24, 2010 FBI interview recording): Right.

Dave Cawley: “She wanted to do it.” Wow. Susan had described Steve using words like “wicked.” She’d told her parents he was a pedophile. If there was one person in the world she did not want to touch her, it was Steve Powell. He blamed that attitude on her religion, which he claimed she only practiced to please her parents.

Susan’s own writings and actions contradict this. Not only did she regularly attend her church services, she also took on volunteer church assignments and fought against Josh to pay 10% of her income in tithing. Susan’s faith was a core pillar of her identity, not something she practiced out of grudging obligation.

Steve’s claims grew even more egregious. He told the agents that hot-tempered Susan had been abusing her two young sons.

Steve Powell (from February 24, 2010 FBI interview recording): I mean, I’ve been very open with you about Susan’s abuse. I mean—

Russ Johnson (from February 24, 2010 FBI interview recording): We appreciate your openness.

Steve Powell (from February 24, 2010 FBI interview recording): —that could be a motive. That could be a motive.

Russ Johnson (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): And, and, and for Josh, who just absolutely adores his sons, it could be a motive. But I don’t believe for a minute that, that, that anything happened like that…

Dave Cawley: None of the people who knew Susan well who I’ve spoken to for this podcast ever shared a similar concern. None of her friends, coworkers or relatives ever saw Susan strike Charlie or Braden. I specifically asked Josh’s sister Jennifer about this claim of abuse.

Dave Cawley: Did you ever see anything like that?

Jennifer Graves: Susan was so loving to her children. She was not abusive to them in any way. I never witnessed or heard, through the grapevine from anyone, that there was anything like that going on on her side. On the other hand, there were issues that Josh was doing that I was highly concerned about. He was regularly undermining her authority as a mother and that was really hard on her and on her relationship with her children and, and on her ability to be a good parent.

Dave Cawley: Now, Susan was not a saint. She did have flaws. For example, she can be heard snapping at Charlie in a 2008 video she made, documenting the family’s property in preparation for a possible divorce.

Susan Cox Powell (from July 29, 2008 home video): ‘Kay, be quiet Charlie. Josh cut the doorbell wire. Shh! Be quiet or I’m going to spank you!

Dave Cawley: But this is the kind of thing many an exasperated young mother might say to a misbehaving child. Steve wanted to twist that into something much more sinister. The agents asked if he ever actually witnessed Susan commit an act of abuse. He conceded that he had not, but said he’d overheard things on the phone. Josh, he said, was very protective of the boys.

Steve Powell (from February 24, 2010 FBI interview recording): I mean, these are his boys. Josh dotes on them. He would guard them with his life.

Dave Cawley: Finally, after more than an hour and a half, the conversation turned to the topic of Steven Koecher. Steve Powell, with pen and paper in hand, started scratching out a rough map of Utah, Arizona and Nevada.

Steve Powell (from February 24, 2010 FBI interview recording): And this is Koecher up here, right?

Dave Cawley: He marked the cities important to his theory…

Steve Powell (from February 24, 2010 FBI interview recording): Ok. Here’s Salt Lake City. Here’s West Valley City. Ok here’s the highway that goes over to, uh, Wendover, Montana, oh, Wendover, Nevada.

Russ Johnson (from February 24, 2010 FBI interview recording): Gotcha.

Dave Cawley: …and went about trying to explain how he believed Steven Koecher’s and Susan’s lives might have intersected. They each at one point had worked in downtown Salt Lake, in offices separated by a few city blocks. Perhaps, he suggested, they had somehow met and developed a secret romance.

Steve Powell (from February 24, 2010 FBI interview recording): But I surmise she disappears on the morning of the 7th, calls him and says “I’m ready, we’re ready to take, undertake the plan.” He comes up on the night of the 7th, spends the night at, in my, in my document, in my uh, uh timeline I refer toat  a safe house. There’s somebody in, in West Valley City that knows what was going on, as far as I’m concerned. He spends, they spend the night at that person’s house because that’s where she would have gone, y’know, after she quote-unquote disappeared.

Dave Cawley: From there, Steve’s theory had Koecher slipping down to the Las Vegas area with Susan, where he staged his own disappearance before renting a boat, possibly with the help of a friend, in order to float south toward the U.S.-Mexico border.

Steve Powell (from February 24, 2010 FBI interview recording): You can take this as, as coming from a crazy person or whatever you want to say but I would, I would put money on the possibility that they’re not even in this country. I would, y’know, I, y’know, I see, I see heading south in a boat as far as they could go, finding other ground transportation or whatever to Mexico City, picking up a flight or maybe going across to the, to one of the coasts of Mexico and picking up uh, a ship, y’know, and heading down to Fortaleza where he would know people. Y’know, I mean, I went to a mission to Argentina. Y’know at the time, it was so many years ago — I don’t know anybody now but back then — if I called somebody in, certain people, and said y’know “I’m coming down there with my fiancé, we’re going to get married.” Y’know—

Russ Johnson (from February 24, 2010 FBI interview recording): Mmhmm.

Steve Powell (from February 24, 2010 FBI interview recording): —they’d say “wow, stay at our place.” Y’know?

Dave Cawley: What possible reason could Susan have for going along with such an outlandish plot? Steve said she had once mentioned wanting to learn Portuguese, the primary language spoken in Brazil. What’s more, he said she was overwhelmed by the boys and, motivated by a desire to get pregnant again, attracted to Koecher.

There were many, many problems with the idea. The timelines didn’t quite mesh. Steve’s theory required Susan and Koecher to share a common acquaintance, someone who could sneak Susan away, unseen, and hide her for at least a day. Steve couldn’t point to a single friend they shared.

In order to cross international boundaries, Susan would’ve needed a passport. She didn’t have one. Steve figured she must’ve had a forgery made. He also believed her background in cosmetology would’ve allowed her to change her appearance and assume a false identity once on the run.

It was a story more at home in a b-grade spy movie than an actual criminal investigation. Yet, if Steve’s theory didn’t stand on its merits, it did seem capable of at least sowing a small seed of doubt. And perhaps that was the point all along. In his personal journal, Steve Powell later wrote of Josh.

Ken Fall (as Steve Powell from April 9, 2010 journal entry): If he were brought to trial the Koecher connection would be more than enough evidence to convince a jury that there is reasonable doubt as to his guilt.

Dave Cawley: The storyline Steve was spinning for the FBI and anyone else who would listen, including his own children, was that Susan had tried to frame Josh.

Steve Powell (from February 24, 2010 FBI interview recording): I mean, seriously Gary, the scenario for Susan disappearing and Josh being blamed was perfect. It was perfect. Maybe a little too perfect.

Gary France (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): But anyway, it was perfect. Y’know, Josh takes off on one of his late night campouts. I mean, the campout was probably planned for noon that day, noon on Sunday. And it may not have been, either. See I, I’m not prying into all this stuff because Josh’s attorney has said y’know, “don’t speculate about anything. Don’t talk about what happened even to your family that day. Just, y’know, you and I know what happened, the police know what happened. Just drop it.” Y’know?

Russ Johnson (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): “It doesn’t, it doesn’t do anything for you.”

Dave Cawley: West Valley police did take the Koecher lead and investigate it — I’ll have more to say about that in a future episode — but for the two FBI agents who were listening to Steve on February 24th of 2010, his theory proved far from convincing.

Special Agent Johnson decided to level with Steve. He explained he wasn’t on anyone’s side — not the Powell family’s side, not the Cox family’s side, not the West Valley police’s side — but he knew things that hadn’t yet made the news.

Russ Johnson (from February 24, 2010 FBI interview recording): But from what I know, ok?

Steve Powell (from February 24, 2010 FBI interview recording): Mmhmm.

Russ Johnson (from February 24, 2010 FBI interview recording): Umm, and some of the things that have happened around this disappearance and specifically some of the things that Josh, uh, has done and said, ok?

Steve Powell (from February 24, 2010 FBI interview recording): Mmhmm.

Russ Johnson (from February 24, 2010 FBI interview recording): Umm, I think, and uh, and I think you’re gonna probably going to have to, umm, at some point wrap your mind around this — it sounds like you started right where I’m going to be—

Steve Powell (from February 24, 2010 FBI interview recording): Mmhmm.

Russ Johnson (from February 24, 2010 FBI interview recording): —and then you went away from that based on Josh’s behavior — but I think you’re going to have to wrap your, your mind around the fact I think Josh is going to be arrested and charged with this crime, ok?

Steve Powell (from February 24, 2010 FBI interview recording): With what crime?

Russ Johnson (from February 24, 2010 FBI interview recording): With, with a, with a homicide. And—

Steve Powell (from February 24, 2010 FBI interview recording): So you think she’s dead.

Russ Johnson (from February 24, 2010 FBI interview recording): I do. Ok? And like I said, umm, this is, umm me coming without an agenda from somewhere else—

Steve Powell (from February 24, 2010 FBI interview recording): Mmhmm, mmhmm.

Russ Johnson (from February 24, 2010 FBI interview recording): —and umm, and not having an interest in it. I think that is what’s going to happen. … When that happens, I don’t think Josh has told you even all the things that have happened. I think he knows a lot of this stuff that I know and I don’t think he’s told you. Umm, you may want to, uh, find some of that out for yourself so that you can prepare yourself if, if this happens the way I say—

Steve Powell (from February 24, 2010 FBI interview recording): Mmm.

Russ Johnson (from February 24, 2010 FBI interview recording): —ok? And if it happens that way, and I, I  really think it will, you uh, you need to be aware, umm, that, y’know, that that’s coming and uh, and get, get ready for that.

Steve Powell (from February 24, 2010 FBI interview recording): Hmm.

Russ Johnson (from February 24, 2010 FBI interview recording): ‘Kay? That’s, I’m not saying I have the inside track and—

Steve Powell (from February 24, 2010 FBI interview recording): Yeah.

Russ Johnson (from February 24, 2010 FBI interview recording): —and, and, and uh, and I know exactly what West Valley and the DA’s office is going to do. I’m saying this is, this is me guessing right now and I think that’s gonna happen. … Umm, I think that, uh, the things that I know are highly suspicious, umm, and it’s not, umm, I don’t think that the other things that I know indicate that, umm, Susan went anywhere voluntarily, ok?

Steve Powell (from February 24, 2010 FBI interview recording): Mmmhmm.

Russ Johnson (from February 24, 2010 FBI interview recording): So, my suggestion to you is start thinking about that.

Steve Powell (from February 24, 2010 FBI interview recording): Ok.

Russ Johnson (from February 24, 2010 FBI interview recording): And, and make sure you are not, umm, involved — and I’m not accusing you of anything right now, ok? I’m just saying make sure you never get involved with the covering up or the obstruction of, of the investigation and y’know, hey, you’re here, you’re not doing that, obviously, you’re here talking to us, you want to help but when things go that other way — don’t be involved in any of that. Don’t put yourself in any jeopardy. If he, when he gets arrested, uh, for this, those grandkids are gonna need people that they know and love around them.

[Ad break]

Dave Cawley: The FBI told Steve Powell two-and-a-half months into the investigation that his son was likely to be arrested for Susan’s murder. What’s more, the agents explicitly warned him that he could himself wind up in trouble if he attempted to help Josh conceal evidence. Steve did not buy it.

Steve Powell (from February 24, 2010 FBI interview recording): Well now, so are, so are you telling me that you’ve got some information that says that everything that I just said is hooey, that Steven Koecher could not possibly have anything to do with it?

Russ Johnson (from February 24, 2010 FBI interview recording): I don’t know anything about Steven Koecher really. I can’t, I can’t comment on that.

Dave Cawley: They urged Steve to apply pressure, to get Josh to work with the police.

Russ Johnson (from February 24, 2010 FBI interview recording): Make sure that umm, y’know, if you, if you really believe that, that uh, that your initial feelings were wrong and that Josh truly isn’t involved—

Steve Powell (from February 24, 2010 FBI interview recording): I totally believe that.

Russ Johnson (from February 24, 2010 FBI interview recording): Then you need to get him cleared and that means his cooperation in this matter. His attorney can be there. That’s fine. There’s so many unanswered questions, such what appears to be highly suspicious behavior from Josh. Ok? And uh—

Steve Powell (from February 24, 2010 FBI interview recording): Why haven’t the police even as much as—

Russ Johnson (from February 24, 2010 FBI interview recording): I can’t answer that. I don’t know.

Dave Cawley: Steve wondered how much of the information in the hands of police had come from his estranged daughter, Jennifer, the daughter who a month prior had visited the Powell family home and confronted Josh while secretly wearing a wire.

Steve Powell (from February 24, 2010 FBI interview recording): If any of this information is coming from my daughter Jenny, please, please, please be aware—

Russ Johnson (from February 24, 2010 FBI interview recording): It’s not.

Steve Powell (from February 24, 2010 FBI interview recording): —this girl is filled with hate.

Russ Johnson (from February 24, 2010 FBI interview recording): It’s not.

Steve Powell (from February 24, 2010 FBI interview recording): Ok well, because she had made some comments, y’know, to me that “oh, I saw Josh doing this and doing that. And I saw—”

Russ Johnson (from February 24, 2010 FBI interview recording): The, and there may be some information that comes from her, I don’t know. I don’t know anything about that—

Steve Powell (from February 24, 2010 FBI interview recording): Mmhmm. Well yours isn’t coming from her.

Russ Johnson (from February 24, 2010 FBI interview recording): —I just have, I just have some—

Steve Powell (from February 24, 2010 FBI interview recording): Yeah.

Russ Johnson (from February 24, 2010 FBI interview recording): —facts and some evidence—

Steve Powell (from February 24, 2010 FBI interview recording): Yeah.

Russ Johnson (from February 24, 2010 FBI interview recording): —that, that I have been made aware of—

Steve Powell (from February 24, 2010 FBI interview recording): Yeah.

Russ Johnson (from February 24, 2010 FBI interview recording): —and I wasn’t there to collect it or anything—

Steve Powell (from February 24, 2010 FBI interview recording): Yeah.

Russ Johnson (from February 24, 2010 FBI interview recording): —I’ve been made aware of and, and it does not, it does not look good—

Steve Powell (from February 24, 2010 FBI interview recording): Ok.

Russ Johnson (from February 24, 2010 FBI interview recording): —for Josh.

Steve Powell (from February 24, 2010 FBI interview recording): Ok.

Russ Johnson (from February 24, 2010 FBI interview recording): So that’s, that’s what I’m saying.

Dave Cawley: Let me step in here for a moment and provide some perspective. I’ve obviously interviewed Jennifer. I’ve read her book, A Light in Dark Places. It is a portrait of pain, loss, hope and faith, not hate. I asked Jennifer about what her father told the FBI. Here’s what she said.

Jennifer Graves: Well let me tell you about my dad. I grew up with my dad. I know how he works. My dad was a very deceitful person, but at the same time he was a very smooth talker. And he could convince anybody, for the longest time, that he was this wonderful person. And he could smooth over any lie forever.

Dave Cawley: So, does Jennifer think the FBI agents were buying the Steve Koecher conspiracy theory?

Jennifer Graves: I am sure that he went in there and talked really smoothly to them. But as time went on, the lies started to unravel. And this is where, this is where finally my dad’s true face, my dad’s true nature, was revealed.

Dave Cawley: Let’s go back to the interview.

Gary France (from February 24, 2010 FBI interview recording): I’m a, I’m a father and I have kids. If you knew Josh did something or if he told you something, would you come forward and tell us?

Steve Powell (from February 24, 2010 FBI interview recording): I’m not sure I would.

Gary France (from February 24, 2010 FBI interview recording): ‘Kay.

Steve Powell (from February 24, 2010 FBI interview recording): But, but the reality is—

Russ Johnson (from February 24, 2010 FBI interview recording): Thanks for being honest.

Steve Powell (from February 24, 2010 FBI interview recording): —I’m not sure I would.

Russ Johnson (from February 24, 2010 FBI interview recording): Thank you for being honest.

Steve Powell (from February 24, 2010 FBI interview recording): But as I said, I am, y’know, unless you’ve got something pretty, pretty, pretty tight, I, I, I’m a hundred percent convinced. I mean, y’know, uh, I’d really like to see the evidence but I understand you can’t show it to me.

Russ Johnson (from February 24, 2010 FBI interview recording): I might be able to. If I get into this, if I get into this and, and I, I need your help, I might be able to come to you and say “look, here’s a couple things that, that, that we know.” Y’know, “does that change, does that change what you think?”

Steve Powell (from February 24, 2010 FBI interview recording): Yeah, yeah, yeah, yeah. No, I understand.

Russ Johnson (from February 24, 2010 FBI interview recording): And if you say, and if you say, and if you say “no, I don’t,” y’know, then, then we’re still there. But if you say “oh wow, I didn’t know that—”

Steve Powell (from February 24, 2010 FBI interview recording): Yeah

Russ Johnson (from February 24, 2010 FBI interview recording): —y’know, and then, y’know, maybe, y’know we could—

Steve Powell (from February 24, 2010 FBI interview recording): Yeah.

Russ Johnson (from February 24, 2010 FBI interview recording): —y’know, keep that dialogue going.

Dave Cawley: He also worried about what would happen to Charlie and Braden.

Steve Powell (from February 24, 2010 FBI interview recording): If, if he’s, if something happened to Susan, I don’t want something to happen to their father.

Russ Johnson (from February 24, 2010 FBI interview recording): Mmhmm.

Steve Powell (from February 24, 2010 FBI interview recording): That would probably be my biggest concern.

Gary France (from February 24, 2010 FBI interview recording): That actually entered my head too, when I was thinking about that, that, y’know, if, if my son told me “dad, I didn’t plan this, something snapped, it happened, umm, I don’t, I don’t even know who I was at that moment.” Y’know? ‘Cause even when you first walked in here you said “we’re all capable” and I think you’re right.

Steve Powell (from February 24, 2010 FBI interview recording): We are.

Dave Cawley: From there, the conversation took on a chilling — and in retrospect, prophetic — tone. Agent Johnson proposed a hypothetical situation, in which Josh had killed Susan, covered up the murder and then fled with the boys.

Russ Johnson (from February 24, 2010 FBI interview recording): If, if Josh did that, something’s broken inside there.

Steve Powell (from February 24, 2010 FBI interview recording): Oh yeah, oh yeah. No, I’ve thought of that too, Russ—

Gary France (from February 24, 2010 FBI interview recording): Ok, now—

Steve Powell (from February 24, 2010 FBI interview recording): —I really have.

Russ Johnson (from February 24, 2010 FBI interview recording): What if, what if one of the kids start saying something?

Steve Powell (from February 24, 2010 FBI interview recording): Saying something like what?

Russ Johnson (from February 24, 2010 FBI interview recording): Y’know like uh, coming out with information that he didn’t come out with before. What’s Josh going to do? Well, he loves his kids. Y’know, you might think he’d never do anything to his kids, but if something’s broken, maybe he would.

Steve Powell (from February 24, 2010 FBI interview recording): I’m not sure I understand where you’re getting at, because uh—

Gary France (from February 24, 2010 FBI interview recording): Listen—

Russ Johnson (from February 24, 2010 FBI interview recording): If he would kill his wife—

Steve Powell (from February 24, 2010 FBI interview recording): Oh.

Russ Johnson (from February 24, 2010 FBI interview recording): —because he’s got something broken inside of him—

Steve Powell (from February 24, 2010 FBI interview recording): Oh, you’re saying he would kill his kids.

Russ Johnson (from February 24, 2010 FBI interview recording): He might, y’know. Do we know that? I know, you’re just saying “oh he’d never do that.” But—

Steve Powell (from February 24, 2010 FBI interview recording): I don’t think so.

Russ Johnson (from February 24, 2010 FBI interview recording): —but would you have said that about the wife?

Steve Powell (from February 24, 2010 FBI interview recording): No, I would’ve said, y’know what Russ? Let me set, let me put it to you bluntly. Over the last couple of years I have, it has occurred to me that Susan would have killed Josh but it never would dawn on me that it would be the other way around. That would never even cross my mind—

Russ Johnson (from February 24, 2010 FBI interview recording): Mmhmm.

Steve Powell (from February 24, 2010 FBI interview recording): —until December 7th. Until December 7th. Then I started thinking “could he have done this.” At this point I don’t believe for, at all that he did it but it did occur to me that Susan was, was capable of doing something like that, seriously.

Dave Cawley: That mention of Josh killing the boys, did it send a shiver up your spine? And then Steve suggested against all available evidence that Susan might have wanted to kill Josh? He told the FBI agents, who he had earlier asked if they were Mormons, to consider that the church might be trying to silence Susan. They way he saw it, Susan’s parents — Chuck and Judy Cox — had rallied their fellow Latter-day Saints in an effort to steal Charlie and Braden away from Josh.

Steve Powell (from February 24, 2010 FBI interview recording): There are some huge religious undercurrents in this thing. That whole Dr. Phil show was about “we want to get custody of those boys from Josh.” The grandparents wanted, they don’t want them in my home because I’m an ex-Mormon and I am a rabid anti-Mormon. Rabid. Y’know, I, I, I have nothing good to say about that religion, nothing good and I read about it constantly.  I am, y’know, they don’t want those kids in my home and they will do anything — lie, cheat, steal —  to get those boys away from my home. Keep that in mind as you look into this. I am, I am Satan incarnate as far as they’re concerned, ok? Keep that in mind.

Russ Johnson (from February 24, 2010 FBI interview recording): We’ll note that.

Gary France (from February 24, 2010 FBI interview recording): Yeah, yeah—

Steve Powell (from February 24, 2010 FBI interview recording): Please note that.

Gary France (from February 24, 2010 FBI interview recording): —yeah.

Steve Powell (from February 24, 2010 FBI interview recording): This is really a scary thing. Even the church itself — I, I’m glad to be talking to somebody in Tacoma, Washington, somebody who’s not a Mormon, somebody who’s not in Salt Lake City simply because — the church itself would obfuscate an investigation if they thought it would throw some damaging light on the church.

Gary France (from February 24, 2010 FBI interview recording): Right.

Steve Powell (from February 24, 2010 FBI interview recording): They would do that. I mean, believe me, they would do that. So if—

Russ Johnson (from February 24, 2010 FBI interview recording): Well they wouldn’t be very successful with, with anything federal.

Dave Cawley: Having heard out the FBI’s hypothetical, Steve then posed one of his own.

Steve Powell (from February 24, 2010 FBI interview recording): We don’t have any video tapes of Susan’s disappearance, quote-unquote. Well all we know is that she’s gone.

Russ Johnson (from February 24, 2010 FBI interview recording): Right.

Steve Powell (from February 24, 2010 FBI interview recording): She went somewhere or somebody took her somewhere, y’know, we don’t know, and your seem, you seem to be of the opinion based on whatever evidence you have that maybe Josh had something to do with that disappearance.

Russ Johnson (from February 24, 2010 FBI interview recording): That’s my opinion. But I’m open. I’m open.

Steve Powell (from February 24, 2010 FBI interview recording): Ok. If, if she did walk away and she did it to frame Josh and she’s, y’know, just went to Brazil, start a new life, y’know, because her boyfriend knows Portuguese and yeah, let’s just go down there, we’re together and this guy really fits, you look at his picture, he fits the profile of the type of person she’d be attracted to. He looks not like, he doesn’t look like Josh but he has the sandy blonde hair, the blue eyes, all this, you know what I’m saying. Umm, so let’s suppose we do find out that she has basically done this and now Josh has been framed. Let’s suppose Josh is arrested because of this, whatever. Has she broken a law?

(Pause)

Steve Powell (from February 24, 2010 FBI interview recording): Could she be extradited from Brazil for, y’know, to, to face, y’know, the music or whatever?

Gary France (from February 24, 2010 FBI interview recording): Yeah, I don’t know what, I don’t know what the case law is on that. It happens occasionally where somebody disappears and we investigate it.

Russ Johnson (from February 24, 2010 FBI interview recording): Especially if there’s fraud involved.

Dave Cawley: Steve quickly latched onto this idea of fraud, adding it to his Koecher conspiracy theory. He decided Susan must have been bankrolling her new life abroad by siphoning money from customer accounts she could have accessed through her work at Wells Fargo Investments.

That was baloney. There was no evidence to back up such a claim. Susan was not a white-collar criminal, just as she wasn’t abusing her children or plotting her husband’s death. To use a young Josh’s own words, Steve perceived these things to be true, because he wanted them to be true.

When West Valley detectives had talked to Steve in December, they’d finished by doing a quick search of his house. The special agents did something similar. They asked Steve for permission to review records for both his home and cell phone numbers.

Steve Powell (from February 24, 2010 FBI interview recording): Be my guest. No, look at ‘em. I mean, uh, y’know, I mean Josh that, those two days used a prepaid cell phone. I mean, y’know, if you think there, there’s some chance that he maybe had that and God only knows, I mean, y’know, was communicating with somebody else or was doing something—

Russ Johnson (from February 24, 2010 FBI interview recording): Yeah, it’s just to, it’s just to, just to make sure.

Steve Powell (from February 24, 2010 FBI interview recording): —help yourselves. Yeah, let’s make sure. Y’know, I told you I would probably not say anything but, y’know, if I knew, if Josh confessed to me, which what’s the likelihood? Y’know what I’m saying? What’s the likelihood that Josh is going to come and say “oh, by the way, umm, just want to get this off my chest, uh, y’know, I, I threw her in a hole up on,” y’know, whatever. I mean—

Gary France (from February 24, 2010 FBI interview recording): Mmhmm.

Russ Johnson (from February 24, 2010 FBI interview recording): Yeah.

Steve Powell (from February 24, 2010 FBI interview recording): —I mean it just isn’t, what’s the likelihood?

Dave Cawley: As they reached the end of their hours-long conversation, the agents again stressed to Steve the need for Josh to start talking.

Steve Powell (from February 24, 2010 FBI interview recording): I, I would just, I would, I mean, if you guys, if you guys really want to have your day with Josh, you really do?

Gary France (from February 24, 2010 FBI interview recording): Mmhmm.

Russ Johnson (from February 24, 2010 FBI interview recording): Sure.

Steve Powell (from February 24, 2010 FBI interview recording): Get his, get ahold of his attorney and tell him that. Just say “could we get him down here?” And then, pay for a plane ticket. Be ready to send a, put a plane ticket, because Josh doesn’t have any money and he’s not gonna, he’s not gonna pay his attorney to come up here to talk to you guys. They had ample opportunity down there and if you guys are late in the investigation, that’s not Josh’s problem. Y’know, don’t make him pay for something because they didn’t, they neglected to do their homework.

Russ Johnson (from February 24, 2010 FBI interview recording): We’d, we’d, we’d pay for a plane ticket.

Steve Powell (from February 24, 2010 FBI interview recording): Ok, good. Yeah, talk to his attorney, just tell him that.

Dave Cawley: Of course, none of that ever happened. It was an empty promise. And Steve, if he knew anything, wasn’t going to cooperate either. West Valley police would have to resort to other means.

[Scene transition]

Dave Cawley: A detective crept forward through the stillness of the early morning, shielded by the dark. It was quiet, after 3 a.m. on May 5th of 2010. Police were inside the community of Silver Creek. Two minivans sat in the driveway of a home at the corner of 186th and 94th Avenue Court East. The shadowy figure slinked up to one and then other, slipping a small device onto each vehicle. They were GPS beacons: court-approved tracking devices with transmitters that would allow the police to remotely follow the minivans, no matter where they went. One for Josh’s minivan, one for Steve’s.

It wasn’t the first time police had put a tracker on Josh’s minivan. They kept hoping he might unwittingly lead them to Susan. But the Powells felt the eyes of police on them. In his email to police in mid-January of 2010, Steve Powell had questioned if the cops had kept watch for suspects around the Sarah Circle house.

Ken Fall (as Steve Powell from January 15, 2010 email): Josh and Michael tell me there are some cameras watching the Powell house, mounted on the light poles. They did not know if it was your agency, the FBI or the media doing the spying.

Dave Cawley: Steve should have been more worried about his own house. The GPS trackers on the two vans, as well as on a third minivan Steve used for work, were part of a major operation. It involved round-the-clock eyes-on surveillance of Josh and Steve Powell during early May, 2010. A large group of West Valley detectives and command staff made the 15-hour drive up from Utah to take part.

Comically, some of them ended up heading right back. On the afternoon of May 5th, Josh drove to his storage unit and retrieved some stuff. At about 7 p.m., he started the long drive south and east toward Utah.

The West Valley team had to split up. Some remained in Puyallup to watch Steve, while the others tailed Josh. It was a grueling task. Josh drove until 3:30 a.m., finally exiting I-84 in Glenn’s Ferry, Idaho. He parked his van near the city pool and slept in the car for about five hours.

(Sound of traffic on I-84 in Idaho)

Dave Cawley: Josh was back on the road a bit before 9 a.m. on the morning of the 6th. He made a pitstop at the nearby Bliss Rest Area, then continued on to Tremonton, Utah, where he stopped for gas. Josh arrived in the Salt Lake valley early in the afternoon. He passed by Susan’s old workplace, then went to Aspen, the company from which he’d been fired in December.

Aspen’s HR manager was startled and a bit uncomfortable to see him since she was alone. Josh explained he was just there to return some IT books. Linda told him that wasn’t necessary, he could have just kept them. As Josh made his way out of the building, she told him not to come around again without first getting permission.

Next, Josh drove to the house on Sarah Circle.

Dax Guzman: He just showed up, he didn’t let us know.

Dave Cawley: Dax and Mindy Guzman had rented the house from Josh after he’d moved out in January.

Dax Guzman: And it was weird because, like, we knew what was going on with the investigation, so it was like “dude, you kind of, like if you’re going to come into the house there’s rules. You need to let your tenants know. You don’t, don’t just show up. … No, he was like, “oh sorry, it’s nothing. I’ve just got to grab stuff.”

Dave Cawley: The stuff he grabbed was leftovers that he hadn’t loaded up back in January. As part of their deal, Josh’d asked Dax to finish the house’s basement. He walked through that afternoon, showing the Guzmans where he wanted walls framed and where the doors should go.

Josh’s relationship with the Guzmans had never been great. They’d been friendly as neighbors, mostly because of Susan. But shortly after they’d moved it to the Sarah Circle house, Josh told Dax and Mindy he’d kill to have his wife back.

Dax Guzman: That was the one and only time that he made any kind of comment that had anything to do with his wife’s disappearance. For him, it was business, y’know, what’s happening, where the progress is, what he wanted with the stairs, that’s all it was.

Dave Cawley: At about 7:30 p.m., Josh left the house to grab some Chinese take-out. The detectives could see that the passenger compartment of his van was packed full of household items. A pair of plastic 50-gallon totes were also strapped to the outside of the van. They were the last of Josh’s Utah possessions.

He left the house again around 11 p.m., headed for the freeway. He stopped once along the way to make sure the load was lashed tight, then started back toward Washington. He’d been in Utah for less than 12 hours.

Josh drove into southern Idaho. At about 2:30 a.m., he left the freeway a bit east of Twin Falls and north of the Snake River. He parked and went to sleep.

(Sound of traffic passing on I-84 in Idaho)

Dave Cawley: The team of detectives tailing Josh had traded off shifts while he was in Utah. They had fresh eyes and kept a constant watch as he slept. The van didn’t move for a full eight hours. At 10:30 a.m. that morning, May 7th, he resumed the drive to Washington.

Josh went well below the speed limit, apparently concerned going too fast might cause the stuff strapped to the outside of his minivan to break loose. That meant that an already long drive was taking even longer.

Back in Washington, the rest of the West Valley surveillance team was keeping an eye on Steve. He hadn’t done all that much while Josh was gone, just going to work and the gym. The other Powell kids who were living in the house didn’t even set foot outside.

That afternoon, the team in Washington sent some detectives to relieve the group that was tailing Josh. Unfortunately, a major traffic jam had cars backed up for more than nine miles. The two groups of cops missed each other.

Josh finally made it back to his dad’s house just before midnight, more than 24 hours after leaving West Valley City. The next afternoon, he went to his storage unit and unloaded the van. His dad made a stop at a local landfill. On May 9th, they returned to the landfill together, then went to a thrift store and donated some items. Josh was getting ditching Susan’s stuff.

The morning of Monday, May 10th, Steve left home and caught a bus headed for Tacoma. He was on his way to pick up his work van after the weekend. While on the bus, he took out a pen and started to write in the spiral-bound notebook he used as a journal.

Ken Fall (as Steve Powell from May 10, 2010 journal entry): I wonder if Susan is missing me. … I have these images of Susan in mind, sunbathing and strolling on nude beaches in Brazil, letting everyone and anyone see what I have longed to see. I have also fantasized about being at a nude resort with her myself.

Dave Cawley: If Steve knew he was being watched, he didn’t let on.

Ken Fall (as Steve Powell from May 10, 2010 journal entry): Yesterday was Mother’s Day and I bought some plants with flowers for the boys to plant in Susan’s honor. The flowers were purple, which is the color her parents have chosen as her ‘favorite.’ I don’t know if that is true, but I went with it.

Dave Cawley: On Tuesday, May 11th, the West Valley team went and knocked on the door of Steve’s house. They were flanked by U.S. Marshal Derryl Spencer and FBI Special Agent Gary France.

Steve answered and allowed them to come inside. He and provided consent for them to look around. Special Agent France found a locked file cabinet in Steve’s bedroom. Inside were photos of Susan, including some voyeuristic shots in which she was dressed only in her underwear. There were other, more disturbing pictures, including pornographic images of women with their faces removed and replaced by Susan’s. France found pictures of Steve exposing himself and performing lewd acts while looking at pictures of Susan. France found women’s underwear — temple garments considered sacred by Latter-day Saints — which Steve had stolen from Susan’s laundry basket.

France confronted Steve about the pictures and asked where he’d got them. Steve said he’d take some of them. The others, he’d copied off of Josh’s computer without Josh’s knowledge.

Josh was at the house, too. In fact, he was sitting at his computer when the police entered. He’d quickly shut it down. When the police rebooted it, they discovered its contents were encrypted.

The FBI had placed a tracker of its own on Josh’s minivan. Legally, they were required to tell him about it, now that they were taking it off, so they did.

“So if you’ve been tracking me, then you know that I just went to Salt Lake City,” Josh said. “I wasn’t trying to hide anything. I made sure that I left my phone on. I used my cell phone and my credit cards.”

That remark got their attention. During his December camping trip, Josh had kept his phone off and not used his credit cards. He obviously understood they could be used to track his movements.

One of the detectives told Josh they wanted to take a look inside his storage unit and see what he’d brought back from Utah. The investigators drove to the storage unit. Josh moved opened it up and some stuff around so they could get a better look. The only noteworthy thing was a split geode. A long, single strand of hair clung to it. The geode and hair were probably from the camping trip Josh and Susan had taken with the boys to the Dugway geode beds in May of 2009, a year earlier. Police took them as evidence, just in case.

Steve wrote about the his interactions with the investigators on that day in his journal.

Ken Fall (as Steve Powell from May 17, 2010 journal entry): I had a sense that they had found her, even though they refused to acknowledge that. They wanted to check out our computers to find out if we had any contact with Susan since December 7. I think it was apparent to them that the answer to that question was negative.

Dave Cawley: Steve understood as well as the police did just what Josh’s final move out of the West Valley City home meant. Josh never expected or intended to be with Susan again.

Ellis Maxwell, West Valley City’s lead detective on the Powell case, knew Steve had not given up hope.

Ellis Maxwell: In his mind, she was still alive. And I’m sure at some point he probably thought she’s hiding from Josh for a minute and then she’s gonna come back and be with Steve. I mean, this guy’s so left of center it’s, it’s crazy.

Steve Powell (from song recording): I spent the whole day through waiting for you. I could be getting a mistaken impression each time you seem to gaze at me.

Here’s what Steve wrote in his journal on May 17, 2010.

Ken Fall (as Steve Powell from May 17, 2010 journal entry): Even if she is not into some deep do-do, she really no longer has a home. Josh has rented out their house. He really doesn’t want her back, and doesn’t particularly want her to be around the boys. I would take her into my home and bedroom in a minute, but I would have to deal with some very strong objections from my kids. I am sure none of them would be thrilled to have her shack up with me and become by default the “queen of the house.”

Dave Cawley: On the next episode of Cold.

Nancy: I just said, y’know, “why don’t you be a bigger man and not give those journals out to anyone. Those are childhood journals.” And he’s going “well you don’t know what I went through. You don’t know.”

Cold season 1, episode 8: Wearing a Wire – Full episode transcript

Dave Cawley: Josh Powell loaded his sons, Charlie and Braden, into their car seats on Saturday, December 19, 2009. He was leaving West Valley City, Utah for his dad’s house on the outskirts of Puyallup, Washington. He was headed home for the holidays. His wife, Susan, had been missing for 12 days. Ellis Maxwell, West Valley City’s lead detective on the case, was powerless to keep Josh in Utah.

Ellis Maxwell: It was frustrating at the most because this is a crime that we’re investigating here and the individual that we’re really focusing on is now leaving the state and going 12 hours away.

Dave Cawley: On Christmas Eve and Christmas Day, Josh dropped the boys with Susan’s parents. Each time, he refused to set foot inside his in-law’s home. Susan’s dad, Chuck Cox, had suspected from the beginning that Josh was responsible for his daughter’s disappearance.

Chuck Cox: I didn’t have anything to say to him other than, “what did you do, you creep?” Y’know? “You’d better get her, you’d better find her, find her and show us where she is and free her from wherever you have her stashed or whatever you’ve done.”

Dave Cawley: Between Christmas and New Years, West Valley police learned about Josh’s request to withdraw Susan’s retirement, using the power of attorney she had signed earlier that year. They couldn’t stop the distribution. The paperwork was air-tight.

At the start of the new year, Ellis learned Josh did not intend to come back. He was moving away from West Valley, permanently.

Ellis Maxwell: It was surprising to us but it wasn’t.

Dave Cawley: Remember, police had been keeping close tabs on Josh’s movements, including using a GPS tracker.

Ellis Maxwell: We’re eyes-on, we’re following him, we’re doing everything that we can to see if we can pick up on any cues and he’ll kind of screw up somewhere and we can be like “ok, there it is” or, y’know, and, and be able to locate her.

Dave Cawley: Word of Josh’s arrival spread fast though among the community in Puyallup.

Ellis Maxwell: It didn’t take long for Josh to kind of ruffle the waters up there and when people started learning that he was in the area and his kids were coming to church or whatnot, y’know, it caused some concern. And rightfully so, because I think everybody wanted to, to see an end in this investigation and probably wanted to see him sitting in jail and then obviously Susan to be found.

Dave Cawley: This is Cold, Episode 8: Wearing a Wire. I’m Dave Cawley. Right back after this.

[Ad break]

Dave Cawley: Members of the Gem Heights Ward were buzzing. Josh had suddenly shown up in their midst. He attended services at the church on the first Sunday of 2010, January 3rd, with his boys Charlie and Braden. It had been awhile since Josh had attended church with any regularity. When he and Susan had met, Josh was an every-Sunday kind of guy. His personal audio journals from that time often included what he called “spiritual entries.”

Josh Powell (from February 17, 2000 audio journal recording): I have many sore trials but I am exceedingly blessed and exceedingly blessed in the spirit and so much that I know what I have to do, that I have to live righteously in order to receive those blessings.

Dave Cawley: But of course, Josh had lost interest in religion just a few years after marrying Susan. That remained a source of friction in their marriage, right up until she disappeared. So it seemed odd that he would suddenly find faith again, right then. There was a logic to it. Josh needed help.

He introduced himself to the bishop of the Gem Heights Ward, a man named Dahl Johnson, as “the husband with the missing wife in Salt Lake City.” Then, he explained he was moving in to the neighborhood. He’d lost his job and couldn’t afford food. The bishop offered Josh food assistance and gave him the name and number of an employment specialist.

Josh had also brought the boys to church. Charlie and Braden attended Primary. That’s the church’s Sunday School program for young kids. While there, Charlie ran wild. (Laughs) He was rambunctious, just weeks shy of his 5th birthday, and surrounded by new, unfamiliar people.

The Primary teacher, Crystal Lewis, had no clue who Charlie was. She didn’t know if he was a visitor or if his parents were new members of the congregation. At one point during the class, Charlie flipped the light switch on and off. Crystal told him to stop. He just grinned, having discovered a new game. Then, he turned the lights out again.

Crystal warned Charlie that if he didn’t shape up, she would tell his mom and dad that he was misbehaving.

“My mom is dead,” Charlie said.

Lewis was stunned. Later that day, she learned Charlie’s last name was Powell. She realized he was the son of the missing woman from Utah, the son of the guy who’d been all over the news.

[Scene transition]

Dave Cawley: Five days later, Josh was back in Utah. He and his brother Michael pulled up to the Sarah Circle house in West Valley with a U-Haul truck and trailer.

In spite of all that’d happened, Josh’s neighbors turned out to help him pack. They moved boxes, tools and furniture into to the truck. Josh stood around, watching and giving directions.

Wendy Trujillo: I helped pack the kitchen up, most of the kitchen, a little teeny bit in the bedroom. I felt uncomfortable in the bedroom ‘cause like, that’s your private space. I don’t want to be in there. (Laughs) And then a little bit downstairs and in the storage and…

Dave Cawley: Wendy Trujillio’s parents lived a couple of houses away from the Powell house. She’d heard rumors about trouble in Josh and Susan’s marriage, but wasn’t sure what to believe.

Wendy Trujillo: I’m like, “uh, she couldn’t have been starving or out of food. They have five gallon jugs of rice and peanut butter and corn and like all kinds of food storage that lasts for a long time.” And five gallons of peanut butter and more than one five gallon bucket is quite a bit, so… (Laughs)

Dave Cawley: There were other buckets in the basement though that Josh didn’t want anyone but his brother Michael to get near. After Josh and Michael had moved them out of the basement, Wendy noticed what appeared to be an odd chemical splashed on the exposed insulation of the cellar. Some of it also appeared to have spilled on the floor in the kitchen. Josh joked that it was blood and he’d better clean it up before the police arrived.

Wendy Trujillo: To me it was, you don’t joke about stuff like that when you’re in a situation like he was in.

Dave Cawley: When Josh wasn’t looking, Wendy pressed a piece of packing tape to the spot on the kitchen floor, collecting a sample. She did the same thing in the cellar. She eventually provided both to police, who tested the samples for blood. Both came back negative.

At one point, Josh quipped that he’d just loaded Susan’s head in the truck. Then, he laughed. Wendy didn’t respond, so Josh asked if she’d heard him.

Wendy Trujillo: I looked at him and I was like, looking, I turned away and looked down and finished packing. And I’m like, “did he really just say that? Are you serious?”

Dave Cawley: Josh wouldn’t give it up. Finally, Wendy asked him if he meant a mannequin head, something Susan would have used for cosmetology. Josh said yeah, then laughed again.

Wendy Trujillo: It was interesting because sometimes he’d crack those horrible jokes and then sometimes he’d be really emotional. Whenever he packed up in the bedroom, he’d get really emotional and he’d cry and he’d have to come out of the room and take a break and then he’d try to go back in and sometimes he was like “alright, I’m not going work on this for, y’know, until I need to say a different day.”

Dave Cawley: Word made it back to Susan’s parents in Washington that Josh was abandoning the house.

Chuck Cox: The fact that he was moving back just said he knows where she is and that she’s not coming back.

Dave Cawley: Chuck Cox called Josh’s sister, Jennifer Graves.

Jennifer Graves: We went over to help pack up not because we felt like that was the right thing for him to do — to leave — but because we wanted to, I guess, be a little bit more in the know. … Chuck had asked us to set aside a couple of Susan’s personal things that he didn’t want disappearing.

Chuck Cox: Uh, she had a, a graduation present which was a, a bench with uh, storage in it and uh, she had her journals in there. And we wanted her journals. They’re our daughter’s journals, we should have her journals. And uh, he wanted everything. He, he, what use would he have for her dresses? None. But he wanted them.

Dave Cawley: Michael saw Jennifer walking out of the house with some boxes, not toward the U-Haul but instead to her own van. He stepped in front of his older sister and told her to stop.

Jennifer Graves: So it just felt like a really strange situation. Why are you all covering up for him? Why aren’t you just pushing him to tell what he knows? Wouldn’t that be the right thing to do?

Dave Cawley: Josh told Jennifer she couldn’t take the boxes or the Deacons bench. She called Susan’s dad, then handed her phone to Josh. He argued with Chuck, but finally agreed to let Jennifer take the bench.

Chuck Cox: So, when he said we could have it, I said, she heard yes, we could have it, she took it and put it in the car and drove it away. So it was gone. And then later he changed his mind and it’s “oh no, I want it.” “No, you can’t, sorry, it’s gone.” So, then it was “oh, you stole it.” No.

Jennifer Graves: Because of pressure from other ward members that were in the room at the time, we were able to get that Deacon’s bench and, and some things. He wouldn’t give the, I don’t think he ended up giving the pictures.

Dave Cawley: …Or Susan’s journals. Under no circumstances would he allow the Coxes to have those.

Chuck Cox: Well his dad wanted the journals and he gives them to his dad. Really? What an idiot. Who would do that?

[Scene transition]

Dave Cawley: If the move back to Washington was meant to be a clean break for Josh, it didn’t work out that way. He called the Gem Heights Ward leaders on January 11th, to let them know he’d need help unloading the U-Haul. Latter-day Saints tend to have something of a reputation when it comes to this kind of service.

The task of helping Josh fell to the ward’s Elder’s Quorum. The president of the Elder’s Quorum was a man named Rod Stephens. He explained to Josh it would take time to rally enough people, but they’d get the job done. Rod and about five other guys met Josh at his storage unit in the city Sumner on the evening of Wednesday, January 13th.

Rod Stephens: Yeah, it was a good-sized storage unit and they even built umm, a loft above it so we could put stuff up higher, even. … His father was there and his brother, his younger brother was there.

Dave Cawley: That would of course have been Michael. Rod and the crew started to unload the U-Haul.

Rod Stephens: He had some kids stuff, his stuff, but in fact I remember he didn’t have anything of Susan’s, really, which surprised me. There just wasn’t anything of hers but it was all just his stuff and the kids’ stuff.

Dave Cawley: Steve and Michael both pitched in, helping carry and stack boxes. Josh stood off to one side and watched.

Rod Stephens: Josh is lazy. Uh, one of the laziest people I’ve known. He was kind of aloof from us. He would kind of walk around and look at all of his, his goods but he didn’t help lift anything. He didn’t help his father. He didn’t help his brother. He ate Dorito chips and drank water. And he did that until I was so frustrated that I would grab boxes and put them right in Josh’s hands. Then he would take the box that I gave him, he would walk, set it down then he’d go back and drink his water and eat his potato chips.

Dave Cawley: Josh didn’t even bother with conversation during the two hours it took to stack the storage unit.

Rod Stephens: No, in fact he rarely said anything at all except to tell us thanks and that he was, ‘cause I kept handing him boxes, he told me, he says “well, I’m really tired and really thirsty” is what he told me. And I said “ok” and then I’d hand him another box. I didn’t care.

Dave Cawley: If Josh’d bothered to ask, he might’ve learned that Rod wasn’t just the Elder’s Quorum president. He was also a federal agent. Rod’s day job was with the U.S. Postal Inspection Service.

Rod Stephens: I work in law enforcement, so, my own thoughts were “I wonder if part of her body is in this bucket that I’m offloading” and he had so many buckets — I can’t recall now — but I want to tell you 50, 100 buckets of five-gallon buckets. So every time I pick up a heavy bucket I’m thinking “is part of Susan in this bucket?” Literally, I’m wondering that.

Dave Cawley: The barrels contained food storage, grain, mostly. Rod kept his eyes open though for any possible shred of evidence. He didn’t see any.

Rod Stephens: No, if I would have found something then, well I would have stopped it right then and I would have held it. I would have called West Valley, then I would have called the local agency out and we would have held it. Period. And then I would have backed myself off because, yeah this wouldn’t have been my jurisdiction or my, right. But it would have stopped right then.

Dave Cawley: Of course, that didn’t happen. When they were done, Rod contacted his boss, who just happened to be a former police officer for West Valley City. It was a crazy coincidence.

Rod Stephens: You’d probably win the lottery easier than saying “hey, I’m Josh Powell’s Elder’s Quorum president and I work in law enforcement.”

Dave Cawley: Rod’s boss reached out to some old contacts at the department and told them where they could find Josh’s storage unit. Detective Ellis Maxwell was already on the hunt for it. He’d traveled to Washington that same week and had visited several storage unit businesses in the area. At the time, police believed Josh, or possibly Steve, might be holding Susan captive in one.

Ellis also visited Steve’s work, Washington Correctional Industries.

Ellis Maxwell: We didn’t spend any time lallygagging around. We, we were interviewing friends and family, past old friends, high school friends all the way to the Sunday school teachers and putting together and developing plans as far as what our next step was going to be.

Dave Cawley: On the same day that Rod Stephens was helping unload Josh’s U-Haul, the Sunday School teacher Crystal Lewis was telling Ellis what Charlie Powell had told her: his mommy was dead.

[Scene transition]

Dave Cawley: That wasn’t even the most dramatic thing that happened day. On January 13th, Josh’s estranged older sister Jennifer learned her husband Kirk was scheduled to fly to Seattle for work the following week.

Jennifer Graves: I suddenly had this idea that I needed to go, too. And that we needed to go and confront Josh, and see if we could get him to confess.

Dave Cawley: She called the West Valley police department to ask for guidance. At first, the response didn’t seem all that enthusiastic.

Jennifer Graves: They don’t know who to trust. They don’t know that I’m really, really there to help them.

Dave Cawley: But Jennifer had started to develop a rapport with the many of the detectives.

Jennifer Graves: I called Ellis and I asked him, “can you,” I mean, “can I do this?” I didn’t even know if they would be ok with that. Y’know, would that be ok? Would that be legal? Would that be, would that mess up what they’re doing?

Dave Cawley: Ellis warned Jennifer that confronting Josh could be dangerous, but he couldn’t stop her. The idea continued to stir in Jennifer’s mind.

Jennifer Graves: And we’re just bouncing some ideas off and I’m like, “what if I got wired? What if the police were like behind this and actually wired me and we, we got, like, evidence?” So I called Ellis again. I’m like, “this is, this is what I want to do, I think, y’know, what if we wired me and I went in?”

Ellis Maxwell: It was great. I’ll never forget when Jennifer came to me with that proposal. I, I’m not going to lie, I kind of got a smile on my face and I was like “I like this.”

Dave Cawley: But it wasn’t that simple. Utah is a one-party consent state. That means as long as one person in a conversation knows it’s being recorded, it’s all good. Washington, on the other had, is two-party consent. All people involved must be made aware of and agree to being recorded. Jennifer obviously wasn’t going to tell the rest of her family she was carrying a hidden microphone.

Ellis Maxwell: So, because of that, you really got to jump through a lot of hoops and your warrant needs to have the right language.

Ellis reached out to Detective Gary Sanders with the Pierce County Sheriff’s Office. They worked together to secure a warrant that would allow Jennifer to break the two-party consent rule.

Gary Sanders: I mean, when your own sister, your own sibling, your own blood is willing to turn and she knows that’s what’s going on, that speaks volumes.

Dave Cawley: Kirk and Jennifer arrived in Washington on January 21st. The following day, they went to the Pierce County precinct to meet the team.

Jennifer Graves: Got all wired up. I had a thing in my pocket and that was recording.

Dave Cawley: It was also transmitting a live feed of the audio to a police vehicle parked a street or two away from the Powell home. A helicopter orbited overhead. They didn’t anticipate violence, but the police gave Jennifer code words to use if the situation got out of hand. If that happened, Pierce County deputies would rush the house.

Ellis Maxwell: It was a little, uh, nerve-wracking simply because you just don’t know what’s going to happen. Right? Yeah, we know Jennifer. We know the Powells. But we all know emotions are hard to manage and so once she was in that situation it was, it was a little nerve-wracking.

Dave Cawley: Jennifer summoned her courage. She and Kirk pulled up to the curb outside her father’s house at about 5:30 p.m., stepped out of the car and knocked on the door.

(Sound of car door chime beeping)

Dave Cawley: The audio you are hearing now comes from the recording device Jennifer was wearing that evening.

Steve Powell (from January 22, 2010 wire recording): What’s happening?

Jennifer Graves (from January 22, 2010 wire recording): How’s it going?

Dave Cawley: For the first time in years, the whole Powell clan — Steve, Jennifer, Josh, John, Michael, Alina and the boys, Charlie and Braden — were together under one roof.

Jennifer Graves: Relations between my family and I were already strained. And so the fact that I would show up is probably a big red flag to them already. And so, are they on their guard? Yeah. For sure. They are on their guard.

Dave Cawley: Susan’s absence loomed over the gathering, but no one mentioned it.

Jennifer Graves: It’s the elephant in the room that you completely avoid. Except you have to skirt around it because it’s taking up so much room.

Dave Cawley: Charlie and Braden were excited to see familiar faces from their former home in Utah. Both boys had recently celebrated birthdays.

Charlie Powell (from January 22, 2010 wire recording): And it’s my birthday!

Jennifer Graves (from January 22, 2010 wire recording): It is, it’s your birthday Charlie. We brought you a present.

Dave Cawley: Susan hadn’t tried to contact her boys on Christmas or on either one of their birthdays, yet another sign that she was not only missing, but likely dead.

Charlie, now five, had a message for Jennifer about her recent appearances on the news.

Charlie Powell (from January 22, 2010 wire recording): I have one more thing to tell you.

Jennifer Graves (from January 22, 2010 wire recording): Yeah?

Charlie Powell (from January 22, 2010 wire recording): Quit, quit, quit umm, a media on.

Kirk Graves (from January 22, 2010 wire recording): (Laughs)

Jennifer Graves (from January 22, 2010 wire recording): Ok, quit on that media. Have they been too bothersome lately?

Josh Powell (from January 22, 2010 wire recording): Not even at all.

Dave Cawley: That last voice belonged to Josh. He chatted with Kirk and Jennifer about his trip with Michael in the U-Haul a couple of weeks prior.

Kirk Graves (from January 22, 2010 wire recording): Did Mike drive part of the way? Did he really?

Jennifer Graves (from January 22, 2010 wire recording): He was nervous about that.

Kirk Graves (from January 22, 2010 wire recording): He was telling me he didn’t want to drive. He was nervous to do it.

Josh Powell (from January 22, 2010 wire recording): Yeah, Mike shouldn’t be driving…

Dave Cawley: Josh seemed relaxed. He talked freely about birthday party plans for the boys and his efforts to find a new job. He hoped to land something in the IT field. If not, well, there was always unemployment.

Josh Powell (from January 22, 2010 wire recording): My only thought right now is it would be pretty stupid to take a pay cut, to go to work for a pay cut, compared to unemployment—

Kirk Graves (from January 22, 2010 wire recording): Oh, right. Well—

Josh Powell (from January 22, 2010 wire recording): —this early in the game. Now, a couple months from now—

Kirk Graves (from January 22, 2010 wire recording): Can you collect unemployment in the state of Washington?

Dave Cawley: The Sarah Circle house back in West Valley was also on Josh’s mind. He still had a mortgage to pay and with no income, the house was turning into an albatross.

Josh Powell (from January 22, 2010 wire recording): Probably going to have to go back, obviously, eventually.

Jennifer Graves (from January 22, 2010 wire recording): Oh really? Oh, you’re going to go back to Utah, you mean.

Josh Powell (from January 22, 2010 wire recording): Yeah. 

Jennifer Graves (from January 22, 2010 wire recording): Yeah, so—

Josh Powell (from January 22, 2010 wire recording): I don’t know when. I haven’t decided.

Jennifer Graves (from January 22, 2010 wire recording): Yeah.

Josh Powell (from January 22, 2010 wire recording): But…

Jennifer Graves (from January 22, 2010 wire recording): You’re going to work on the house?

Dave Cawley: Josh wasn’t sure selling was the best idea, though. The market was soft and the house still needed work, liking finishing the new back deck or completing the basement.

Josh Powell (from January 22, 2010 wire recording): I don’t know if I’ll rent it or sell it, you know?

Jennifer Graves (from January 22, 2010 wire recording): Yeah.

Josh Powell (from January 22, 2010 wire recording): I like the rental idea because I just don’t want to let it go. It doesn’t seem appropriate to let it go, y’know?

Jennifer Graves (from January 22, 2010 wire recording): Yeah.

Josh Powell (from January 22, 2010 wire recording): But on the other hand, if someone goes in there and trashes it, fails to make the mortgage, or make the rent—

Jennifer Graves (from January 22, 2010 wire recording): Yeah.

Josh Powell (from January 22, 2010 wire recording): —then it’s gone and there’s nothing I can do to save it at that point.

Jennifer Graves (from January 22, 2010 wire recording): That’s true.

Josh Powell (from January 22, 2010 wire recording): I just plain don’t have the money—

Jennifer Graves (from January 22, 2010 wire recording): Mmhmm.

Josh Powell (from January 22, 2010 wire recording): —unless I can get another job. Then, I could make the difference and sort of carry the black. If there is—

Jennifer Graves (from January 22, 2010 wire recording): Float it for awhile, yeah.

Josh Powell (from January 22, 2010 wire recording): —but I’m guessing if I were to rent it I’d have to pay the difference, I’d probably have a shortfall anyway.

Jennifer Graves (from January 22, 2010 wire recording): You think so?

Dave Cawley: Josh’s finances were tight. Not only had he lost his job, Susan’s income was gone, too. He had used the power of attorney to draw her 401k, but that money wouldn’t last long.

Josh Powell (from January 22, 2010 wire recording): Both of our credit is tied to that house and if we, if we lose it, then we’re, y’know, we’re  basically going to have a problem.

Kirk Graves (from January 22, 2010 wire recording): Yours is already not so great, right? You got a bankruptcy.

Josh Powell (from January 22, 2010 wire recording): I had a bankruptcy.

Kirk Graves (from January 22, 2010 wire recording): Oh, is it gone already? Wow.

Josh Powell (from January 22, 2010 wire recording): Oh, it’s over. I, no one denies me credit.

Kirk Graves (from January 22, 2010 wire recording): Wow, ok.

Josh Powell (from January 22, 2010 wire recording): I’ve never been denied credit because of the bankruptcy.

Dave Cawley: At no point during any of this did Josh talk about Susan as anything other than an asset. He didn’t lament her loss or complain about the straights she had put him in by leaving, something he might have been expected to do if she’d taken off with some other guy. In fact, he didn’t raise a single question about where she might be.

Jennifer Graves: Topic of Susan’s disappearance never came up until I brought it up. I had to force the subject. And it was. It was very strange and strained. Y’know, at least on my side, it felt very strained ‘cause I’m like, “this is so weird. We’re not even saying anything about it” and he doesn’t appear to be distressed at all about his wife not being here. Not knowing where she is.

Dave Cawley: The Powell family sat down to dinner. Josh, uncharacteristically, asked to say grace.

Josh Powell (from January 22, 2010 wire recording): Let’s just say a super fast prayer, ok? Here we go. Be done real quick. Dear Heavenly Father, thank you for this day, ask you to bless this food…

Dave Cawley: Jennifer’s heart raced as they ate. Behind a forced smile, she wondered how best to make her move.

Jennifer Graves: I just didn’t know how to go about it. Do you do this in a soft approach? Do you take a hard line? How do you approach someone when you know that they are guilty of a heinous crime and get them to admit that?

Dave Cawley: The pork chops disappeared from their plates. Dinner was soon done. While the rest of the family cleared the table, Jennifer pulled Josh aside into the office, closing the French doors behind them. In a hushed voice, she told her brother there’d been rumors that he’d soon be arrested soon.

Jennifer Graves (from January 22, 2010 wire recording): You’re going to be gone for a long time.

Josh Powell (from January 22, 2010 wire recording): I don’t—

Jennifer Graves (from January 22, 2010 wire recording): (Unintelligible)

Josh Powell (from January 22, 2010 wire recording): I understand what you mean.

Jennifer Graves (from January 22, 2010 wire recording): You don’t understand jail?

Josh Powell (from January 22, 2010 wire recording): No, I don’t understand why you’re, what rumors you’re talking about.

Jennifer Graves (from January 22, 2010 wire recording): I’m just, I’m just concerned. I mean, you know what, it doesn’t look good. From everything I’ve seen…

Dave Cawley: I know this is tough to understand, so listen close.

Jennifer Graves (from January 22, 2010 wire recording): Y’know what? I, I’ve, I’ve got this feeling like you need to step up now, like do a plea bargain.

Dave Cawley: Jennifer told Josh to take a plea bargain.

Josh Powell (from January 22, 2010 wire recording): Anyway.

Jennifer Graves (from January 22, 2010 wire recording): It will reduce your sentence Josh.

Josh Powell (from January 22, 2010 wire recording): No, no. Don’t be ridiculous.

Dave Cawley: Don’t be ridiculous.

Jennifer Graves (from January 22, 2010 wire recording): You want to go to jail for a long time? I don’t want to see that happen and you’re gonna, you’re not going to be able to see your boys for years.

Dave Cawley: Jennifer warned him if he goes to jail, it will be for a long time and he wouldn’t be able to see his boys for years. Jennifer pressed, questioning where he had gone in the rental car on December 8th and 9th, those mysterious 800 miles in 18 hours.

Jennifer Graves (from January 22, 2010 wire recording): What, what’s up with all this, this, you wandering around? They, think think that, that you were going for hundreds of miles on Tuesday. Where were you going with that? Tuesday night, that night after you got the rental car. They were talking about that. Where did you go?

Josh Powell (from January 22, 2010 wire recording): Nowhere.

Jennifer Graves (from January 22, 2010 wire recording): For hundreds of miles?

Josh Powell (from January 22, 2010 wire recording): Yeah.

Jennifer Graves (from January 22, 2010 wire recording): Nowhere where?

Josh Powell (from January 22, 2010 wire recording): I didn’t go anywhere in specific.

Jennifer Graves (from January 22, 2010 wire recording): You just drove around all over the place?

Josh Powell (from January 22, 2010 wire recording): Yeah. I mean, whatever, y’know. There’s no plea bargain, I mean, y’know.

Dave Cawley: “There’s no plea bargain.”

Josh Powell (from January 22, 2010 wire recording): I doubt the rumors but whatever. I mean, who knows. They do what they do. They think what they think. I don’t know what to tell you.

Jennifer Graves (from January 22, 2010 wire recording): Hmm. What do you think?

Dave Cawley: Josh’s response: I doubt the rumors but whatever, I mean, who knows. Jennifer tried another approach.

Jennifer Graves (from January 22, 2010 wire recording): So what happened on Sunday?

Josh Powell (from January 22, 2010 wire recording): My attorney has told me just don’t talk about it, about specifics.

Jennifer Graves (from January 22, 2010 wire recording): Who cares about your attorney, Josh?

Dave Cawley: “My attorney has told me: just don’t talk about it, about specifics.”

Jennifer Graves (from January 22, 2010 wire recording): What happened? What happened that night?

Josh Powell (from January 22, 2010 wire recording): I’ve already told. Y’know, I’ve sat down with the cops. I’ve told them everything.

Jennifer Graves (from January 22, 2010 wire recording): Well you didn’t tell me anything. I’ve asked and you haven’t said anything to me.

Ellis Maxwell: Josh’s, y’know, responses and his behavior and his actions when Jennifer approaches him kind, y’know, of similar to like the interview and interrogations that we conducted with him. Y’know, “I, I, I can’t talk about it.” Like, “I’ve gotta go through my attorney.” I mean, dude you’re not talking to a cop. You’re talking to your sister.

Jennifer Graves (from January 22, 2010 wire recording): Why not? Why don’t you, why won’t you tell me? Why don’t you put my mind at ease and tell me what happened? I’m your sister. Susan was my friend. She’s your wife for crying out loud. What happened?

Josh Powell (from January 22, 2010 wire recording): I don’t know what happened. I don’t know what happened.

Jennifer Graves (from January 22, 2010 wire recording): Well what did you do. What did you do that night? What do you know?

Dave Cawley: Jennifer’s appeals didn’t work. Josh wasn’t going to tell her anything.

Ellis Maxwell: You can only play that for a minute. You can only act, the way he was acting, you can only act like that for so long. And he never fell out of that which tells me that, y’know, he is who he is and he’s clearly responsible.

Jennifer Graves (from January 22, 2010 wire recording): It just doesn’t seem like you care at all.

Dave Cawley: “It just doesn’t seem like you care at all.”

Josh Powell (from January 22, 2010 wire recording): Honestly, I can’t believe that you’re, that you say that stuff.

Jennifer Graves (from January 22, 2010 wire recording): You walked away.

Dave Cawley: “You walked away.”

Josh Powell (from January 22, 2010 wire recording): What do you mean “walked away?”

Jennifer Graves (from January 22, 2010 wire recording): You walked away. You’re trying to get rid of your house. You’re walking away from it.

Josh Powell (from January 22, 2010 wire recording): The house I can’t afford.

Jennifer Graves (from January 22, 2010 wire recording): So? They’re not going to take it out from under you right now.

Dave Cawley: Josh and Jennifer’s youngest brother Michael had noticed them slipping away after dinner. He’d followed them, staying out of view but within earshot.

Jennifer Graves: For them to hear everything, I don’t know that they were hearing everything but they were probably concerned because it was a full glass wall with the glass doors and you can see everything that’s going on. And they were probably a little distressed.

Dave Cawley: In fact, Michael described that day in a court filing years later. He said he’d positioned himself just outside the glass doors, because that was standard practice in the family with people they didn’t trust. He heard what Jennifer was saying and relayed that information to his dad.

Steve swooped in to put a stop to it. He interrupted, telling Josh it was time to go pick up a birthday cake for the boys’ party. He told Jennifer it was probably time for she and Kirk to leave.

Jennifer Graves: But he was just, they were all just trying to play it cool. Pretend like nothing was happening and that they had nothing to do with it.

Dave Cawley: As soon as Steve left the room, Jennifer went back to work. She challenged Josh, asking what he was doing to aid the search. Josh replied, in typical form, that he was building a website.

Josh Powell (from January 22, 2010 wire recording): And I’m not gonna do anything in the public. I don’t care what anyone says about me. They can say what they want. That’s why I can’t really go out and—

Josh Powell (from January 22, 2010 wire recording): People are comparing you to Mark Hacking. He got up and walked away from his—

Josh Powell (from January 22, 2010 wire recording): I don’t even know who that is.

Jennifer Graves (from January 22, 2010 wire recording): —as soon as he killed her. As soon as he killed his wife. That’s the guy that killed his wife and put her in the dump.

Josh Powell (from January 22, 2010 wire recording): Ok, I did hear something about that.

Jennifer Graves (from January 22, 2010 wire recording): Yeah.

Dave Cawley: Josh was not being honest here. He knew the Mark Hacking case very well. Here again is Ellis Maxwell.

Ellis Maxwell: He made a comment to somebody about the Lori Hacking case and he said that Mark Hacking screwed up because he, he lied to the police too many times. He didn’t give them, he lied too many times and he didn’t give them reliable information.

Dave Cawley: A brief aside is necessary here. Mark Hacking shot and killed his pregnant wife Lori in their Salt Lake City apartment in July of 2004, just months after Josh and Susan arrived in Utah. Hacking tried to stage Lori’s murder as a disappearance. He took her car to a nearby park where she liked to jog and abandoned it there. He dumped her body and the mattress upon which he’d shot her in a dumpster, then went and bought a new mattress to replace the blood-stained one.

Hacking called 911 to report his wife missing, saying she’d failed to return from a morning jog. He went before news cameras and tearfully asked for help. The local community sprang into action, just as it had two years earlier when a young girl named Elizabeth Smart had been abducted from her bedroom.

Salt Lake City police detectives immediately spotted inconsistencies with Mark’s story, little details like the position of the driver seat in Lori’s car. Lori was short and wouldn’t have been able to reach the gas pedal, but the seat was set perfectly for somebody as tall as Mark.

They also learned Mark had not graduated from the University of Utah, as he’d claimed. Nor had he been accepted to a postgraduate program in North Carolina, as he’d led his family and Lori to believe. Mark Hacking had woven a web of lies that was stunning in its complexity. It had all came apart when Lori learned his secret, confronted him and demanded he come clean. That’s why he killed her.

Police recovered Lori’s decomposed remains from a landfill after a search that stretched on for several weeks. Detective Ellis Maxwell had a hand in that.

Ellis Maxwell: I was a part of that investigation. I was out at the landfill for I can’t even remember how many weeks looking for Lori. I haven’t been to the landfill since. (Uncomfortable laugh)

Dave Cawley: I, I was sitting on the other side of the fence a lot of those days—

Ellis Maxwell: Were you?

Dave Cawley: —just waiting. Yeah. Yeah.

Ellis Maxwell: Oh my. That was, it was horrible.

Dave Cawley: Yeah.

Dave Cawley: That wasn’t the only tie. Before her death, Lori Hacking had worked for Wells Fargo Investments, the same company where Susan was working when she disappeared. Some of Susan’s coworkers had known Lori.

When Susan disappeared in 2009, many people were quick to draw parallels between her case and that of the Hackings five years earlier. The sense in the community seemed to be that Josh would crack under the pressure and confess, just as Mark Hacking had and that the police would in short order locate and recover Susan’s remains.

Neither happened. Josh was a much better liar than Mark.

Ellis Maxwell: Josh clearly took something from that case. In all honesty, it was very good advice, right? You cannot offer too many lies but you also have to offer some truth. Ok? And he followed that fairly well.

Dave Cawley: The comparison didn’t phase Josh. He brushed off Jennifer’s comment, flatly denying that his situation was anything like that of Mark Hacking.

Jennifer Graves (from January 22, 2010 wire recording): So why were you having so many problems just before she disappeared then?

Josh Powell (from January 22, 2010 wire recording): We weren’t having a lot of problems.

Jennifer Graves (from January 22, 2010 wire recording): It’d been a few weeks but she was talking about stuff.

Josh Powell (from January 22, 2010 wire recording): We weren’t having problems.

Jennifer Graves (from January 22, 2010 wire recording): You weren’t having problems?

Josh Powell (from January 22, 2010 wire recording): No.

Jennifer Graves (from January 22, 2010 wire recording): I just don’t buy it. I talked to Susan myself, Josh. You can’t tell me that I didn’t hear it from her.

Dave Cawley: Josh’d had enough. He told Jennifer he was leaving to go get the birthday cake.

Jennifer Graves: I finally actually shoved him into the bathroom and was like, “come on, just tell me where her body is.”

Jennifer Graves (from January 22, 2010 wire recording): I think you just need to confess now and get it over with.

Josh Powell (from January 22, 2010 wire recording): Don’t be ridiculous. I’ve told you already.

Jennifer Graves (from January 22, 2010 wire recording): I see it in your face, Josh. I can see it in your face.

Dave Cawley: “I can see it in your face.”

Josh Powell (from January 22, 2010 wire recording): Then I don’t know what to say because I’ve already told you.

Jennifer Graves (from January 22, 2010 wire recording): Everything I’ve seen and now this.

Josh Powell (from January 22, 2010 wire recording): I don’t know what you mean “and now this.”

Jennifer Graves (from January 22, 2010 wire recording): And now this in your face.

Josh Powell (from January 22, 2010 wire recording): I don’t know what to say—

Jennifer Graves (from January 22, 2010 wire recording): If you, if you’re—

Jennifer Graves (from January 22, 2010 wire recording): —but I guess I’m going to go do what I’m gonna do. I’m going to go get ready for a party.

Dave Cawley: Josh left with his brothers, John and Michael. The operation, in Jennifer’s eyes, had failed. She and Kirk gathered their things and started making for the door. On the way, she shot a parting comment to her dad, Steve.

Steve Powell (from January 22, 2010 wire recording): So anyway…

Jennifer Graves (from January 22, 2010 wire recording): Well, he’ll have to enjoy it while he can, I guess.

Dave Cawley: “He’ll have to enjoy it while he can, I guess.”

Steve Powell (from January 22, 2010 wire recording): What? What do you mean “while he can?”

Dave Cawley: “What do you mean ‘while he can?’”

Jennifer Graves (from January 22, 2010 wire recording): I don’t think he’s going to be able to escape this much longer.

Dave Cawley: “I don’t think he’s going to be able to escape this much longer.”

Steve Powell (from January 22, 2010 wire recording): Escape what?

Dave Cawley: “Escape what?”

Jennifer Graves (from January 22, 2010 wire recording): It’s pretty obvious, he’s going to be—

Steve Powell (from January 22, 2010 wire recording): To who? What’s obvious?

Jennifer Graves (from January 22, 2010 wire recording): What he’s done.

Steve Powell (from January 22, 2010 wire recording): Excuse me? It’s not obvious to me. It may be obvious to you but you might be imagining things, Jenny. You’ve always had a hard time with reality. That’s a reality in your case.

Jennifer Graves (from January 22, 2010 wire recording): I don’t know what you’re talking about “hard time with my reality.”

Steve Powell (from January 22, 2010 wire recording): Yeah. You, you, you, you need to face reality—

Jennifer Graves (from January 22, 2010 wire recording): Ok—

Steve Powell (from January 22, 2010 wire recording): —yourself. In your own way—

Jennifer Graves (from January 22, 2010 wire recording): —I’ll face reality.

Steve Powell (from January 22, 2010 wire recording): Yeah.

Jennifer Graves (from January 22, 2010 wire recording): Let’s see, Josh went camping in the middle of the night and Susan’s gone now. Hmm. That doesn’t sound like reality unless he did something.

Dave Cawley: Steve told Jennifer to face reality and Jennifer said “I’ll face reality. Let’s see. Josh went camping in the middle of the night and Susan’s gone now. Hmm. That doesn’t sound like reality unless he did something.”

Steve Powell (from January 22, 2010 wire recording): Yeah. Anyway. Why don’t you, y’know I think, I think it’s time to, to go. I think it’s time to go. I think you’ve kind of worn out your welcome.

Dave Cawley: The pretense of civility that had cloaked the Powell family during dinner came off.

Steve Powell (from January 22, 2010 wire recording): You are, you are a [expletive] [expletive] [expletive] is what you are to talk about your brother and my son that way and to make things up.

Kirk Graves (from January 22, 2010 wire recording): And yet you’re willing to call your daughter that?

Dave Cawley: Shocked, Jennifer’s husband Kirk stepped in to defend his wife.

Steve Graves (from January 22, 2010 wire recording): Steve—

Steve Powell (from January 22, 2010 wire recording): Yeah.

Kirk Graves (from January 22, 2010 wire recording): —it’s been a month and a half and there’s only two scenarios.

Alina Powell (from January 22, 2010 wire recording): Hey, y’know what, Jenny’s the one who said the thing about the Elizabeth Smart thing.

Kirk Graves (from January 22, 2010 wire recording): She’s, she’s kidnapped, right? And somewhere out there maybe she’s still alive.

Alina Powell (from January 22, 2010 wire recording): She said that two days after it happened. A week.

Steve Powell (from January 22, 2010 wire recording): Right.

Kirk Graves (from January 22, 2010 wire recording): But after a month and a half, an adult female, odds are like zero. Or she’s dead. Those are the two scenarios.

Dave Cawley: They’re talking over top of one another there but Kirk told Steve, the odds were Susan was likely dead.

The other female voice you hear there belongs to Alina, the youngest of the Powell children. Jennifer questioned why Josh had spent the morning after Susan’s disappearance cleaning his house and doing laundry. Alina offered a full-throated defense of Josh.

Alina Powell (from January 22, 2010 wire recording): Do you know how hard it is to sit on your ass and do nothing when you’re in absolute horrible horrific [expletive] pain?

Jennifer Graves (from January 22, 2010 wire recording): Yeah, I do.

Alina Powell (from January 22, 2010 wire recording): And you feel your heart breaking?

Jennifer Graves (from January 22, 2010 wire recording): The last month and a half has been nothing but pain.

Alina Powell (from January 22, 2010 wire recording): And you’ve sat there and created a wall the whole time.

Jennifer Graves (from January 22, 2010 wire recording): Yeah.

Alina Powell (from January 22, 2010 wire recording): He is different than you. He works when he is in pain.

Jennifer Graves (from January 22, 2010 wire recording): That is exactly what has been happening.

Alina Powell (from January 22, 2010 wire recording): He goes around a works.

Steve Powell (from January 22, 2010 wire recording): Did you, did you hear her say?

Alina Powell (from January 22, 2010 wire recording): That is why he is going around doing everything that he does.

Dave Cawley: Alina claimed Josh dealt with his pain by working and accused Jennifer of doing nothing. Steve was irate. He seized on something Jennifer said, ignoring the talk about Josh.

Steve Powell (from January 22, 2010 wire recording): She said that I hated Susan.

Alina Powell (from January 22, 2010 wire recording): Yeah.

Jennifer Graves (from January 22, 2010 wire recording): Yeah, ever since you made a pass at her.

Alina Powell (from January 22, 2010 wire recording): Oh that is the funniest thing on the world.

Jennifer Graves (from January 22, 2010 wire recording): And she turned you down.

Alina Powell (from January 22, 2010 wire recording): Did she tell you that? No, hold on, hold on.

Steve Powell (from January 22, 2010 wire recording): No wait a minute, wait a minute. That’s what she told you?

Jennifer Graves (from January 22, 2010 wire recording): Oh yes.

Kirk Graves (from January 22, 2010 wire recording): Yes. Absolutely.

Alina Powell (from January 22, 2010 wire recording): Because she’s a lying [expletive] if she said that.

Steve Powell (from January 22, 2010 wire recording): That’s what she told you? She told you that.

Kirk Graves (from January 22, 2010 wire recording): Yes.

Jennifer Graves (from January 22, 2010 wire recording): Oh, so you’re saying Susan’s a lying [expletive] now?

Alina Powell (from January 22, 2010 wire recording): Apparently, she is.

Steve Powell (from January 22, 2010 wire recording): No, no, no. No, she is…

Dave Cawley: There is a lot going on here. Alina, it seemed, felt little care for Susan. But Steve, confronted by this idea of Susan hating him, rejected the thought.

Steve Powell (from January 22, 2010 wire recording): No, she didn’t tell you the whole story, and,  but I’m not going to tell it to you because you guys—

Alina Powell (from January 22, 2010 wire recording): The fact is, dad has always—

Steve Powell (from January 22, 2010 wire recording): —aren’t going to accept it anyway and I’m not trying to—

Alina Powell (from January 22, 2010 wire recording): Y’know what, if she lied to you, that’s fine.

Kirk Graves (from January 22, 2010 wire recording): You’re probably right.

Alina Powell (from January 22, 2010 wire recording): If she lied to you, that’s fine.

Kirk Graves (from January 22, 2010 wire recording): You’re probably right. We probably wouldn’t believe it.

Steve Powell (from January 22, 2010 wire recording): You wouldn’t believe it so—

Alina Powell (from January 22, 2010 wire recording): If she lied to you about it, it’s fine because—

Steve Powell (from January 22, 2010 wire recording): —the reality is, yeah, yeah.

Alina Powell (from January 22, 2010 wire recording): —the fact is, he has always spoken highly of her.

Steve Powell (from January 22, 2010 wire recording): Always.

Alina Powell (from January 22, 2010 wire recording): He has gotten her birthday presents every year.

Jennifer Graves (from January 22, 2010 wire recording): Well sure—

Alina Powell (from January 22, 2010 wire recording): He’s got her Christmas presents.

Jennifer Graves (from January 22, 2010 wire recording): —trying to buy her back.

Steve Powell (from January 22, 2010 wire recording): Y’know, just get off my porch. Get off my property.

Dave Cawley: Jennifer and Kirk retreated the car. As they drove away from the house, she filled in her husband on what Josh had said, or more accurately, hadn’t said.

Kirk Graves (from January 22, 2010 wire recording): So did Josh get like vocal or anything or did he calm right down.

Jennifer Graves (from January 22, 2010 wire recording): No, he got defensive but he was all more like “I can’t believe you do this, or you would think of this.”

Kirk Graves (from January 22, 2010 wire recording): You ok?

Jennifer Graves (from January 22, 2010 wire recording): No.

Dave Cawley: I know that’s tough to hear, but Kirk asked Jennifer if she was ok and Jennifer said “no.”

Kirk Graves (from January 22, 2010 wire recording): Was it most because of your dad just now or the just the lack of anything with Josh?

Jennifer Graves (from January 22, 2010 wire recording): Yeah, I guess that’s it. Well yeah, that’s (unintelligible) to talk to my dad but, he is so awful.

Dave Cawley: Kirk consoled his wife as best he could.

Kirk Graves (from January 22, 2010 wire recording): Honey, you did great. The fact you were willing to try to do that…

Jennifer Graves (from January 22, 2010 wire recording): (Laughs)

Dave Cawley: Then, Jennifer broke down over what she’d seen in her brother’s eyes.

Jennifer Graves (from January 22, 2010 wire recording): (Heavy breathing) My god, he killed her. My god, he killed her. (Jennifer sobs)

Dave Cawley: “My god. He killed her.” Josh had not confessed but Jennifer was more sure than ever that he had killed Susan.

Ellis Maxwell: What that brought to us and brought to the police department and would have brought to a trial is just, it was another piece. Another piece of Josh’s personality, lack of concern, consideration for Susan, lack of cooperation and, y’know, at the end of the day just his guilt.

Dave Cawley: Looking back, Ellis couldn’t help but praise Jennifer.

Ellis Maxwell: She went in, she did a phenomenal job in my opinion. … She probably felt like she didn’t do enough. She didn’t push hard enough. She didn’t get what we all wanted and, y’know, but at the end of the day… I hope she knows that there was nobody that was going to break Josh. Nobody.

[Scene transition]

Dave Cawley: Josh had told Kirk and Jennifer that he wanted to sell his house in West Valley City. That was complicated because Susan’s name was on the mortgage. Instead, he turned to his former neighbor Dax Guzman with an offer. Dax had helped Josh rebuild the deck on the back of the Sarah Circle house in the months prior to Susan’s disappearance. Josh then suggested Dax and his family move one street over and rent the Sarah Circle house.

Dax Guzman: He called us, asked us if we wanted to rent it, rent the house since they weren’t going to use it. And so we took him up on the offer and, umm, because he knew I knew how to build things and was good with my hands, he asked if I’d be interested in maybe a reduced rent and working something out if I finished the basement. So we agreed to that.

Dave Cawley: Life in the Sarah Circle house had its drawbacks, though. News crews continued to set up on the sidewalk. Their bright lights would keep the Guzman kids up at night.

Dax Guzman: For us it was just a house. Honestly, when we moved in and after he left, I tore into that house.

Dave Cawley: Dax, like so many others, wanted to know if Susan might still be on the property.

Dax Guzman: Tore into the ground. Tore up a little bit, some of the parts of the basement that looked like they had been redone but found out it was just more plumbing that had gone in, which is fine. … Tore up the back yard. The garden that was there, several feet down. I tore the whole thing apart, just seeing, just making sure that there wasn’t anything there. Looked through the shed. There was a whole bunch of 50-gallon, water gallons in there and made sure there was no body in there too. … It was just a lot of freaky stuff but you see things on TV, you see things on, on the news and in movies so I checked as many places as I could and she wasn’t there.

Dave Cawley: Josh had a hard time finding allies among the local church congregation in Washington. By that point, word had spread among members of the Gem Heights Ward and some were unnerved or outright fearful to see a suspected murderer sitting in their sabbath services.

Rod Stephens: He came to church for awhile and he would sit in the back of the Elder’s Quorum. He would open up his scriptures, never turn a page and then look blankly in them for the whole hour. It was, yeah, you could just tell. He was sitting there, but he wasn’t there.

Dave Cawley: Church members fell in love though with Charlie and Braden. The noisy, playful boys would run through the hallways of the church building on Sundays. Rod Stephens, the president of the ward’s Elder’s Quorum who’d helped Josh unpack his U-Haul, said it seemed as though Josh wanted to find them some friends.

Rod Stephens: But it caused a lot of problems because everyone liked his two sons but they didn’t want Josh around and nobody wanted to let Josh in their homes. So it was awkward, it was tough and you really felt bad for those two good-looking kids, but… yeah, and as much as you want to be involved in those kids and help those kids, you don’t want him by you. And you could just feel it, he just was just vacant.

Dave Cawley: Before long, Josh and the boys disappeared.

Rod Stephens: Maybe a month or two month, two months had gone by and he quit coming to church and then finally the executive secretary to the bishop, uh, he saw him at Lowes and said “hey, we haven’t seen you in church for awhile” and that’s when he told him, he said “I don’t believe in God any more.”

Dave Cawley: A few months later, Josh published a website explaining his decision to abandon The Church of Jesus Christ of Latter-day Saints and investigate non-denominational Christianity as an alternative.

Eric Openshaw (as Josh Powell from susanpowell.org post “Mormons Mobilize”): The proficiency of the Mormon Church to organize and motivate people to action can be used for positive purposes, such as when church members help people with moving or with home repairs. However, this solidarity also motivates individuals to cover for fellow Mormons and attack perceived critics of Mormonism.

Dave Cawley: I’m not implying that there’s anything wrong with Josh choosing not to identify as a Latter-day Saint any longer. But this website was slap to the face of many of the people, both in Utah and in Washington, who had volunteered their time and effort to help Josh move, in spite of their own suspicions.

Rod Stephens: It was absolutely self-serving, in my opinion and I think he was there, two reasons. One, I think he needed the help of the church, which was ok. But I think he wanted to keep up appearances just long enough to where he thought it was ok and then after that he quickly left.

[Scene transition]

Dave Cawley: Josh’s move to Washington had taken Charlie and Braden away from the only members of the Powell family who were cooperating with the investigation: Jennifer and to a lesser extent, Josh’s mom Terrica.

During January, detective Kim Waelty placed a call to Washington State’s child services agency. She wanted to know if they could drop in on the Powell home and see how the boys were doing. A lawyer at the Washington Attorney General’s Office responded, saying their agency didn’t have the authority to perform welfare checks unless there was a specific accusation of abuse or neglect.

West Valley police did not have that. They also couldn’t speak candidly with Washington’s child welfare workers because their case was still under a court secrecy order. They were allowed to talk though to the local law enforcement agency. Pierce County Sheriff’s Detective Gary Sanders helped secure a warrant from a Washington judge, allowing deputies to go to Steve Powell’s house and seize the boys.

Gary Sanders: So basically, they were a form of evidence. Just to get their statement. And they just wanted them to be interviewed because now they’re in this home and they were kind of closed off with Steven and Josh and all of them living in the house.

Dave Cawley: They served the warrant on the morning of March 10th, 2010. Another Pierce County detective named Theresa Berg approached the boys.

Gary Sanders: She went in there and the boys ran to her, let her pick them up and they just glommed onto her, which was crazy, y’know? These strangers and stuff like that taking you out of the home. You would think there’d be a little bit, but she held them and, and then we interacted with them and I think it was kind of something they were missing. I was just, anytime we were in there it was cold. It was a cold environment.

Dave Cawley: As detective Kim Waelty carried Charlie out of the house, the five-year-old asked if he was being arrested. She assured him he was not.

The police drove the boys to the Mary Bridge Safe and Sound building. West Valley detectives — including Kim Waelty, who had performed the first interview with Charlie in December — going to get a second shot at it.

Repeat interviews of child witnesses were not usual protocol. Still, she had to try. She brought Charlie into a separate room and tried to talk to him. He wasn’t very cooperative. He told the detective he didn’t want to talk and walked out of the room. In a formal report, Waelty wrote “anything from this point on was not going to be the best case scenario.”

She tried again. She gave Charlie paper and crayons, hoping they would help him relax. Then, she started to ask about Susan. Charlie told her he did not want to talk about that. She asked if he’d been camping recently. Charlie said he only goes camping in Utah, a desert with rattlesnakes. She pressed for more, asking if Susan had gone camping with him. Charlie told her he didn’t want to talk about that stuff. He wanted to color, not talk. Then, he left the room. Again.

Ellis Maxwell: Little kiddos like that at that age, they’re they’re tough.

Dave Cawley: Waelty turned her attention to Braden. She started by asking if they could speak about his mom. Braden said something about his mommy, then trailed off into gibberish. If they were going to get any answers, it was clear, they would have to come from Charlie.

The Pierce County crew took the boys to their office a few blocks away for lunch. While they were away from the Safe and Sound building, Charlie told the deputies that he would talk. When they returned, detective Waelty asked what he wanted to talk about. Charlie said he wanted to work on his “homework” and needed a pair of scissors, but was afraid he might cut himself if she distracted him. Waelty suggested Charlie not use the scissors while they talked. He said it was ok, he’d just ignore her. Yeah.

Waelty again asked about Susan and camping. Charlie said he couldn’t talk about those things because they were secret. He said his mom was lost, but he did not see where. He said his Uncle John knew where. This was interesting.

Detective Waelty asked Charlie who told him these things were secret. He said his brain. Then he explained his mom had told him she was going to the North Pole and would not come back until it stopped snowing. Waelty again asked who had told him these things. Charlie said no one, then changed his answer. He said his dad told him that.

Ellis Maxwell: He had been exposed to all of that coaching and guiding and direction from Steve and Josh and so, y’know they’re young, right? And they pick up that and they see that behavior all day long when they’re in the house. They hear it and so they, y’know, start acting and walking the walk like everybody else in that house.

Dave Cawley: Charlie babbled about the Earth going crazy, about wanting his aunt Jennifer and uncle Kirk to die. He wondered what time it was and left to find out. When he popped back in to the room a few minutes later, he told detective Waelty he only guessed him mom was at the North Pole. The investigators got nothing useful out of the boys that day.

Ellis Maxwell: At the end of the day man, they’re locked up inside this Powell home and being coached and being directed to “you don’t talk about this” and “you don’t talk about that.” And that’s why we got nothing from Charlie when we did that second interview.

Dave Cawley: The police had no choice but to return them home. Pierce County Detective Gary Sanders told me the drive back to Steve Powell’s house was more telling than anything Charlie actually said in the interview.

Gary Sanders: It was weird. As I’m driving along, I’m driving along, Theresa’s in the back seat with both Charlie and Braden, Charlie’s talking along just, y’know, very talkative and stuff like that and then he noticed — I turned off Meridian I think it was and I was going down into their neighborhood — and it was like a, a switch. He just flipped. And all of a sudden he was like, he started looking around. He goes “well, I’m just going to tell them I was with friends.” And we’re like “what are you talking about, Charlie?” And he goes “no I’m just gonna, I’m just gonna tell him, I’m gonna tell him that I was with friends and that’s all it was.” And we’re like “what are you talking about?” He goes “well, I’m just going to tell my dad that I was with friends and nothing more.” And it was, it was the, weird, the transformation that as soon as he knew he was going back to the house, there was going to be some consequences for him speaking with us and being with us and stuff. And that was kind of scary at that point because how young he was. But he, he was adamant about that. And so we got bak there and right when he got in there, he ran up to Josh and was just like “oh yeah, I was with friends, dad” and, and tried to play it off like it was nothing. And I’d, I’d love to be a fly on that wall of what Josh talked to them about after we left.

Dave Cawley: On the next episode of Cold…

Russ Johnson (from February 24, 2010 FBI interview recording): If he would kill his wife because he’s got something broken inside of him—

Steve Powell (from February 24, 2010 FBI interview recording): Oh, you’re saying he would kill his kids.

Russ Johnson (from February 24, 2010 FBI interview recording): He might, you know. Do we know that? I know, you’re just saying “he’d never do that.”

Steve Powell (from February 24, 2010 FBI interview recording): I don’t think so.

Cold season 1, episode 2: Wake Up, Little Susie – Full episode transcript

Dave Cawley: Josh was cash-strapped and still carrying debt from his time with his ex-girlfriend, Catherine. He had about a thousand dollars in savings, but owed about $400 a month just to cover his debts. He worked for Virco, the same company as his dad, but was afraid of being fired. In spite of this, he insisted on holding dinner parties at his apartment in Tacoma, hosting friends from church.

Josh Powell (from December 13, 2000 audio journal recording): People come over to my house and instead of eating what I’m offering them they look in my freezer and say ‘oh, I want to make orange juice to go with dinner and I want to put this with dinner’. Well, eventually when they start doing that it gets extremely expensive to have these dinners.

Dave Cawley: That is Josh’s actual voice, saved on a handheld audio recorder.

Josh decided the dinners were important, in spite of the cost. One in particular changed the course of the rest of his life. That’s because a young woman — just weeks past her 19th birthday — attended. Her name was Susan Cox.

Josh had just recently met Susan at Institute. That’s a religion class for college-age members of the Church of Jesus Christ of Latter-day Saints. He’d been competing for her attention with a mutual friend, but was demoralized and intended to give up the chase.

When the food was done that night, Josh asked his guests for help doing the dishes. Susan volunteered.

Josh Powell (from January 5, 2001 audio journal recording): She said that doing dishes together with me, at that very moment she decided that she loved me. And for me, doing dishes with her was the turning point for me when I thought “it’s not over.”

Dave Cawley: They shared their first kiss that night. Susan later wrote that’s when she knew that Josh was “the one.” Josh’d tried and tried and tried for years to get any girl to give him the time of day.

Josh Powell (from December 13, 2000 audio journal recording): Sometimes I feel like I can’t reach any girls anywhere, that for some reason or another they won’t give me even a chance to go out with them.

Dave Cawley: Susan was different. She thought Josh was hot. He was smart, too, and had his own place and a motorcycle. He was a Latter-day Saint, like she was, and appeared to live the church’s standards.

Josh Powell (from February 17, 2000 audio journal recording): I just wanted to say, to remind myself for the future, that I feel like I have been incredibly blessed because of my righteousness, because of my willingness to pay my tithing.

Dave Cawley: It also helped that Josh was five years older and more mature than the guys Susan’s age, or so she seemed to think. She met Josh while on the rebound from a break-up.

The couple marked November 11, 2000 as the start of their relationship. For their first official date, they went to see the movie “The Perfect Storm” and then ate sandwiches from Subway. They talked about getting married from that very day.

Josh Powell (from January 5, 2001 audio journal recording): I love this girl, Susan Marie Cox. Every day I love her more. I become more and more certain that I want to be with her. So I am slow to warm up, it has taken me awhile to realize that I do want to be with her forever.

Dave Cawley: This is Cold, Episode 2: Wake Up, Little Susie. I’m Dave Cawley.

[Ad break]

Dave Cawley: Real quick — you’re going to hear a lot in this podcast from Josh’s sister Jennifer Graves. She wrote a book about her experiences called “A Light in Dark Places.” I mention that because in this episode in particular, you are going to see some of that darkness up close. We’re putting it under a spotlight, in order to reveal truth. Just stick with me.

Susan wasn’t long out of high school when she met Josh. She’d started studying cosmetology at the Gene Juarez Academy of Beauty just eight days after graduation. Josh had actually encountered Susan before, years before, but claimed not to have realized it the day they met at a church Institute class. It happened when Josh was 18 and a high school senior. He’d followed his dad from Spokane to Puyallup after his parents’ divorce. That’s where he met Susan’s older sister, Mary. He went to the Cox house and saw Susan for the first time. She was 12.

Josh Powell (from January 5, 2001 audio journal recording): So we had met at her house and she remembered me as the person who came over and played piano. But she was much too young, relatively speaking, for me to consider dating. But as I think back, I think that I looked at her and thought “she is really cute, too bad she is too young.”

Dave Cawley: Josh and Susan were not an obvious match when they met again in October of 2000. They had few common interests, aside from each being a member of The Church of Jesus Christ of Latter-day Saints and knowing some American Sign Language. Susan’s friends wondered what she saw in Josh. His feelings for her seemed self-centered.

Josh Powell (from January 5, 2001 audio journal recording): I think that she is incredibly beautiful and a lot of that is because of the way she treats me, the way she takes care of me and my house. She comes in here and she is the one person that I can feel comfortable with in my house. She’ll start doing the dishes or dust something just because she is standing there for a minute and she doesn’t have anything else to do. And I know that this is a real part of her and it’s important to me to have someone who is, who takes care of me and my stuff and our space together.

Dave Cawley: That wasn’t the only thing Josh liked about Susan. She had clean credit. As I mentioned, Josh had racked up some serious debt in his early 20s.

Josh Powell (from December 13, 2000 audio journal recording): In the past it seems like I’ve had the goal of ‘have more now’. Have a computer now, have a TV and VCR and all these things now and forget about the future. Don’t worry about saving money. It’s okay to go into debt. I went into debt pretty heavily.

Dave Cawley: Josh had recently enrolled at the University of Washington Tacoma business school and needed to find about $1,500 to cover tuition. He failed to qualify for any kind of scholarship or financial aid, so he took out a student loan. Susan worked hard. She started her days at 7:30 a.m. at the cosmetology school, cutting and coloring hair. Then, she headed to her second job at the JCPenney jewelry counter. She worked there until late in the evening.

Josh Powell (from January 5, 2001 audio journal recording): I want her to make as every bit as much money as she possibly can and receive every compliment and tip for her hair cutting and the procedures she does. I want my sweet Susan to feel good about herself because she deserves to, she has a right to, because she is good.

Dave Cawley: Shortly after Christmas, Josh went to visit Susan at work. He told her he wanted to buy a gift for his mom. Susan showed him a number of rings. He found one that he liked and asked her to buy it for him using her employee discount. The ring wasn’t for Josh’s mom. It was Susan’s engagement ring.

Josh Powell (from January 5, 2001 audio journal recording): I don’t want her to have the most expensive looking ring the in world. I don’t want her to have a big rock to attract someone who would want to hurt her or mug her, or mug us as we’re together. I just want her to have a modest ring with the best quality diamond I can possibly find. Something that will tell her that I love her without necessarily acting like a magnet for the attention of the world. The wrong attention from the world.

Dave Cawley: They’d been dating less than two months.

[Scene transition]

Dave Cawley: On the evening of January 5, 2001, Susan went to Josh’s apartment after work, as she always did. He met her outside and covered her eyes by wrapping shirt around her head. Then, he led her inside the apartment.  Once inside, Josh took off the blindfold. Susan saw a dozen white roses in a crystal vase. A large drawing of The Church of Jesus Christ of Latter-day Saints’ Portland temple leaned against his futon, the one he’d bought while living with his ex-girlfriend Catherine. The church’s hymn “Families Can Be Together Forever” played softly on the stereo.

Josh sat Susan down on the futon, next to the picture, being careful to keep everything framed perfectly for the camcorder that was whirring quietly in the corner. He’d borrowed that from his dad. He asked Susan to read an LDS scripture — Doctrine and Covenants chapter 132, verse 19.

Kristen Sorensen (as Susan Powell): And again, verily I say unto you, if a man marry a wife by my word, which is my law, and by the new and everlasting covenant…

Dave Cawley: It was a production for the camera and it wasn’t done. Next, Josh read Susan a poem he’d written in 1994, when he was 18.

Eric Openshaw (as Josh Powell): Marriage is for the most in Love

For two so deeply in Love

they become the Love they

Sow within each other

Marriage can only suffice me

when Always True Love waxes

when her greatest Love and so she is solely for me

and me solely for her

Dave Cawley: Ok, ok it, it wasn’t Shakespeare. In fact, it was barely poetry. But Josh was working up to something. He kneeled and presented Susan with the ring that she had bought using her discount at work. He had paid her back, by the way.

Josh Powell (from January 5, 2001 audio journal recording): I leaned in to her and said her name and asked her “will you marry me” and she whispered “yes” and then we kissed and then we hugged.

Dave Cawley: Josh and Susan were engaged. Their friends were concerned. So were Susan’s parents.

Chuck Cox: So when they were going to get married in the temple, I called their bishop and said “I’m also in the bishopric here and y’know, I don’t think they understand what it means to be married for time and all eternity and what the vows are going to take. I don’t think they understand it.” And he said “well, it’s important I feel.” I said “okay, well you’re the bishop, but still I just want to let you know, I don’t think this is right. Something is not quite right here.”

Dave Cawley: Susan spent every waking moment either at work, or with Josh. She’d head to his apartment at the end of her shift and often fell asleep there. Her parents didn’t realize what was happening at first, because Susan was living with her sister Mary. Chuck Cox finally figured it out.

Chuck Cox (from January 3, 2001 voicemail message): Hello Josh, this is Chuck. Susan said she was at this phone number. Could you have her maybe, if you can, call back or come over so she can talk to her mom? Her mom wants to talk to her by herself for a few minutes. Anyway, talk to you later. Thanks, bye bye.

Dave Cawley: Susan confessed she’d all but moved in with the boyfriend she’d only known for weeks.

Chuck Cox (from January 3, 2001 voicemail message): Hi honey, I love you. I’m at my parents’ house right now. I told my dad that I’ve been basically living with you. He asked “sleeping there?” And I said “yeah.” And he asked “where?” And I said, like, he said “on the couch?” And I was like “yeah.” So he doesn’t know all of that but he knows that I’ve been staying there and that I don’t want to live with Mary because there’s liquor in the fridge and I feel unwelcome there.

Dave Cawley: This caused Susan’s parents a lot of heartburn.

Chuck Cox: But she would then get home at 12:30 or 1:00. But she’d drive home alone. I mean, it wasn’t that he was going to watch over, she would just leave later and finally get home. I said “well that’s not a good thing to do, let your fiancé be traveling home late at night, unescorted, all that kind of stuff.” He just, he didn’t care.

Dave Cawley: Josh didn’t see a problem with it.

Josh Powell (from June 22, 1999 audio journal recording): And the concept of curfew is not familiar to me because I normally don’t have a curfew. I’ve never really had a curfew in my life.

Dave Cawley: Josh’s sister Jennifer told me that growing up, he’d done pretty much whatever he wanted. That attitude carried over into his dating life.

Jennifer Graves: Boundaries. There are no boundaries.

Dave Cawley: Jennifer was living in Utah but started to hear about Susan from Josh.

Jennifer Graves: So I just had high hopes, you know. She came from a good LDS family that her parents seemed very good and I just thought, ‘maybe this is it. Maybe he’ll be alright. He’ll be alright because he’s got her now. And he’ll want to improve for her. What guy doesn’t want to put forth the effort and improve and be the best he can be for an awesome woman? And Susan was great.

Dave Cawley: Josh knew Susan’s parents were less enthused but figured he could win them over.

Josh Powell (from December 13, 2000 audio journal recording): It would seem that her dad likes me for the most part. It seems that her mom is starting to like me as well, although she’s been slower to warm up.

Chuck Cox: You look at it and if you tell your daughter “no,” that’s exactly what she’s going to go for. So we didn’t do that. But he was just so ridiculous to us that, but, but we can’t say “stay away from him.” But on the plus side, he had an apartment of his own that he was paying for, he had a job and he was going to college. So, y’know it seemed, “well okay.” It’s not my best idea but maybe he’s got something going we don’t see.

Dave Cawley: Josh pressed for a quick marriage — in March or April — as soon as they could receive clearance to have the ceremony performed in the Portland temple.

Josh Powell (from January 5, 2001 audio journal recording): Susan has been hesitant. She’s like “well, I always thought of an engagement as being nine months or a year. That seems awful fast.”

Dave Cawley: Josh had Susan on the hook. He wasn’t going to let her escape, the way his ex-girlfriend Catherine had. Just as he’d done with Catherine, he started to spend Susan’s money. She paid for new parts for his computer, among other things.

Josh Powell (from February 7, 2001 audio journal recording): Susan’s been putting out a lot of money on some of this stuff lately ‘cause I haven’t really had the money to do it and I need a computer to live, to get my classes done. So she’s been helping me out with some of it.

Dave Cawley: Susan’s generosity caught the attention of Josh’s sister, Jennifer.

Jennifer Graves: I don’t know, the boundaries weren’t quite where they needed to be at that point to, to help Josh realize that boundaries needed to continue. Like, he was starting to get that. Going back, moving in with my mom, going back to church, cleaning up his act a little bit. It seemed like he was starting to get that, realize that you can’t just do everything that you want to in your life. Y’know, you’ve got to, you’ve got to live within some rules.

Dave Cawley: There were even bigger warning signs. At the end of February, Josh and Susan prepared to submit their marriage license application.

Josh Powell (from February 28, 2001 audio journal recording): She miscopied one or two little things and I got frustrated with her and then she got mad at me and said she didn’t want to be in the same room with me, that she wanted me to take her home.

Dave Cawley: He didn’t take her home. He puttered around the apartment while Susan seethed.

Josh Powell (from February 28, 2001 audio journal recording): She was like “I asked you to take me home and you didn’t.” So then she jumped up and stood by the door for me to take her home and I kind of got mad at her again and I threw the marriage license across the room.

Dave Cawley: He at last conceded and started to drive her home, but not before making a stop. Josh drove Susan to a copy shop. He left her to sit in the car, alone, while he made the photocopies.

Josh Powell (from February 28, 2001 audio journal recording): And I was really hoping she would get over being mad at me by the time I get done making these copies.

Dave Cawley: Oh no, she was not. Josh next drove to the post office, where he mailed in their marriage paperwork. In his journal, he attributed Susan’s anger and his manipulative behavior to a “dark influence.”

Josh Powell (from February 28, 2001 audio journal recording): I feel a real disturbance within myself that I just can’t find peace. I’m afraid of something. I think Susan and I need blessings. We turned in our marriage license application. We mailed it tonight. I think we’ve angered Satan pretty deeply.

Dave Cawley: Thankfully, not every argument they had was so serious.

Josh Powell (from March 5, 2001 audio journal recording): We argued about whether or not we should put cake on each other’s face at the wedding. Of course, we resolved that one by realizing that of course we’re going to put the cake on each other’s face.

Susan Cox (from March 5, 2001 audio journal recording): No!

Josh Powell (from March 5, 2001 audio journal recording): Ok, Susan doesn’t seem to agree with that one, but she will.

Dave Cawley: They married the afternoon of April 6, 2001 in the Portland temple. It was the same place Josh’s sister Jennifer had married her husband, Kirk. The similarity wasn’t lost on Jennifer.

Jennifer Graves: And, you know it’s kind of interesting because I think there was some piece of Josh that really wanted what I had. He could see that I was in a better position and that I had extracted myself from the family situation and found happiness and had moved on from the crap that we’d gone through.

Dave Cawley: Josh’s own audio journals supported that. He envied Jennifer’s stability and independence.

Josh Powell (from December 13, 2000 audio journal recording): And I really want to emulate my sister’s marriage. She has a wonderful situation with her husband.

Dave Cawley: But the emulation started off pretty poorly.

Jennifer Graves: Josh was always running late. And that was a constant irritation to pretty much everyone around him. Trying to get him to move and follow through with stuff in a timely manner, it was just a constant battle. And so he was late to his own wedding.

Dave Cawley: Jennifer hadn’t invited her dad Steve to her wedding. Josh made to sure Steve was there for his wedding. But there was a problem. The Church of Jesus Christ of Latter-day Saints only allows members who are in good standing to enter its temples. That’s true even for guests at temple weddings.

Now, Steve Powell had given up on trying to live the religion’s rules. He tried to walk into the temple, but was turned away. In fact, none of Josh’s siblings, aside from Jennifer, were able to witness the ceremony. They waited outside. So did Jennifer’s three young kids. They were too young to enter the temple. She worried what might happen.

Jennifer Graves: I was left with quite a bit of anxiety because I knew that, who was going to be with my children outside. My dad and my sister, who’s under the influence of my dad, heavily. And so, I said a lot of prayers and left them for that very short time with them. And I think, you know, they survived. They managed to make it through, mostly unscathed I think. (Laughs)

Dave Cawley: Jennifer reserved Josh and Susan a room on their wedding night at the Hood River Inn, a scenic spot on the south bank of the Columbia River. It’s where she and Kirk had spent their honeymoon.

It turned out, Josh was more interested in playing with his camera than spending time with his wife. Josh recorded his observations of that afternoon on his handheld voice recorder. He detailed the logistics of the day, never once mentioning how he felt about being married or remarking on his beautiful bride. He just wanted to play with his dad’s video camera.

Josh Powell (from April 6, 2001 audio journal recording): We got the pulling up to the hotel shot and walking into our room. A few scenes around the hotel room and the view from the hotel room.

Dave Cawley: The next day, they were back in Puyallup for the reception. Susan, feeling “giddy in love”, allowed her dad to drag her around the dance floor to the tune of Wake Up Little Susie.

(Song plays)

Dave Cawley: The choice of song was apropos.

Chuck Cox: That was in reference to her coming home late at night.

Dave Cawley: Did you pick that song to play at the wedding?

Chuck Cox: Oh yeah. (Laughs) Trying to say “hey,” y’know, “do you understand?” Not, kinda making fun of it that it’s fine now but whatever, yeah. Probably an important song. She should’ve woke up a little sooner, yeah.

Dave Cawley: Josh hovered over his dad, making sure he got video from all of the right angles.

Steve Powell (from April 22, 2001 home video recording): Let’s see that ring. Hold your hand up please. Mmkay. And this ring—

Susan Powell (from April 22, 2001 home video recording): And my nails that aren’t done, thanks.

Steve Powell (from April 22, 2001 home video recording): —let’s see, the ring has 2,000 backwards and forwards on it. That’s cool, in the band. Ok. Great. Now we will no longer look at your fingers.

Susan Powell (from April 22, 2001 home video recording): (Nervous laughter)

Steve Powell (from April 22, 2001 home video recording): We will look at you. (Laughs)

Susan Powell (from April 22, 2001 home video recording): Great.

[Scene transition]

Dave Cawley: So Josh and Susan entered their period of newlywed bliss. Josh believed it would last forever.

Josh Powell (from January 5, 2001 audio journal recording): Most people don’t have our friendship. We talk like most people don’t talk in their marriage. Even some people with incredible, awesome marriages, they don’t talk like we talk. We talk about everything.

Dave Cawley: Jennifer saw it differently. She saw Susan tolerating her new husband’s idiosyncrasies.

Jennifer Graves: I think there’s, you know, there’s a little bit of that honeymoon phase where you’re willing to put up with a little bit more because you think, “Well, you know, it’ll go away, right? It’ll go away, hopefully.” But it doesn’t.

Dave Cawley: Susan had all but moved in to Josh’s apartment before the wedding, but made the move official after the were wed. The young couple were evicted eight months later, after getting into dispute with the landlord. Susan wrote about it in her journal.

Kristen Sorensen (as Susan Powell from January 3, 2002 journal entry): We do not trust renting and are paying off Josh’s debts while he waits to take his last quarter in school for his bachelors in business management and get a job and for his credit to clean up so we can get a loan for a house. … I want a house to call mine and come home to so I can prepare meals for Josh and clean and decorate.

Dave Cawley: They were in no financial position to buy a house, so Josh did what he often did when his life went wrong — he turned to his dad for help. The young couple moved in with Steve Powell at the start of 2002.

The Powell family home didn’t have enough bedrooms for Steve, the other Powell boys John and Michael, as well as Josh and Susan. They all coped as best they could, sectioning off a piece of the living room by hanging sheets as dividers.

Life there was not comfortable. Josh and Susan had very little privacy. Steve, John and Michael came and went at all hours, making it difficult to get any sleep. Steve seemed to be ever-present with his video camera. Susan was his favorite subject.

Steve Powell (from undated home video recording): So anyway, we just don’t get too many, any, any women around here so— 

Susan Cox Powell (from undated home video recording): I’m it?

Steve Powell (from undated home video recording): You’re it. So you get the full treatment.

Susan Cox Powell (from undated home video recording): From head to toe?

Steve Powell (from undated home video recording): Mmhmm.

Dave Cawley: Susan tolerated Steve’s filming. She was usually friendly, even if a little annoyed. But watching those videos now, she comes across as terribly naive. As a cosmetologist, she pretty was proud of how well she could wax her legs. One time, she showed Steve how smooth her legs were after waxing, not understanding he perceived this as a tease.

Susan Cox Powell (from undated home video recording): This is a week after waxing. No hair. Woohoo!

Steve Powell (from undated home video recording): (Inaudible) …see any hair. No, no. It’s pretty clear.

Dave Cawley: On at least one occasion, Susan thought she saw a small mirror under a crack in the door while using the bathroom.

Steve took every opportunity to needle Susan in attempt to undermine her marriage. At one point, Josh wanted to sell his futon. Steve wondered aloud if Josh could rightfully do that, considering that he’d bought it while living with his ex-girlfriend Catherine.

Kristen Sorensen (as Susan Powell from December 16, 2002 journal entry): I didn’t realize she was considered a direct past owner of it or whatever so it irritated me that he wanted to point that out.

Dave Cawley: Susan called it a “dark time.” She started to see that Josh’s faith was not strong. She wrote in her journal about the struggle of having to be the “strong” one.

Kristen Sorensen (as Susan Powell from August 4, 2002 journal entry): I know the gospel is true. … I can’t pretend it’s not really that important and move on to more worldlier things.

Dave Cawley: It came as a relief when, by March, they were back in their own place. Josh got a job at Home Depot. Susan bought her first car. She got a raise at her job, while Josh was fired from his. They argued often.

Kristen Sorensen (as Susan Powell from Mary 18, 2002 journal entry): We drove to our storage unit. I didn’t want to waste a beautiful sunny day digging around in there but Josh did. One thing led to another and I walked off two miles down the road before Josh caught up. After an hour or so of discussion Josh got his way.

Dave Cawley: Josh finished his courses at U-W that June. His dad attended the graduation ceremony, but spent more time videotaping Susan than he did his own son.

Steve Powell (from June 14, 2002 home video recording): Turn around this way, ok? Just turn around to the, there we go. Well now, now turn back this way.

Susan Cox Powell (from June 14, 2002 home video recording): Oh geez, you lost your chance.

Steve Powell (from June 14, 2002 home video recording): Ok.

Dave Cawley: Chuck and Judy Cox gave Josh cash and some camping supplies as a graduation gift. Josh bragged to his dad about it.

Steve Powell (from June 14, 2002 home video recording): They did give you money?

Josh Powell (from June 14, 2002 home video recording): Yeah, I don’t know how much.

Steve Powell (from June 14, 2002 home video recording): They gave you money and the presents?

Josh Powell (from June 14, 2002 home video recording): Yeah, isn’t that nice of them?

Steve Powell (from June 14, 2002 home video recording): Wow.

Susan Cox Powell (from June 14, 2002 home video recording): My parents are really into giving presents.

Josh Powell (from June 14, 2002 home video recording): See, I married good, huh?

Dave Cawley: Finally free from school, Josh and Susan looked forward to paying off their debts and finding permanent work. Easier said than done. Josh couldn’t seem to keep a job. He always knew better than his bosses and coworkers, and didn’t hesitate to tell them so. His dream was to become a self-made millionaire.

Josh Powell (from December 13, 2000 audio journal recording): I was looking for other jobs. I looked into real estate. I went to a couple offices, checked out what it would take to get a license and start selling real estate. I think that would be a reasonable option, a reasonable thing to fall back on.

Dave Cawley: Josh’s youngest brother Michael enlisted in the Army midway through 2002. Josh briefly considered joining the military as well. In her journal, Susan listed some pros and cons. The pros: cheap living, free education and Josh being more healthy. The cons involved her husband going to war and possibly dying, leaving her a young widow, stranded on some Army base somewhere, far away from friends and family.

Instead, in early 2003, they took a job together managing a senior living center called Orchard Park in Yakima. At first, it seemed like a great fit. They put distance between themselves and Josh’s dad. They had a free place to live, in an apartment on-site. They hoped to stay there a couple of years, paying down their debt, building up experience and moving up the management ladder.

Steve Powell watched his son and daughter-in-law from a distance. He’d become deeply infatuated with Susan while she was living under his roof. He visited their Yakima apartment one night and offered to give Susan a massage. She allowed him to rub her feet and shoulders. He took full advantage.

Later that night, he put his camcorder on a tripod and filmed himself undressing while describing what he’d done.

Steve Powell (from February 1, 2003 home video recording): I just had what is probably the most erotic experience I’ve had in my entire life.

Dave Cawley: Most of this video is too explicit to share. Steve was convinced though Susan had consented in silence to what could very well be considered a sexual assault.

Steve Powell (from February 1, 2003 home video recording): I went back to her shoulder blades and I went up, up her sleeve and she didn’t even mind. She just, she seemed to enjoy it. I mean, I slipped my hand up inside of her sleeve and I had it over here and I was pushing, I was massaging her shoulder blade and I was right here, just above her breast.

Dave Cawley: Steve wanted Susan for himself. He wanted Josh, his son, out of the picture. Here’s what Steve wrote in one journal entry.

Ken Fall (as Steve Powell from April 17, 2003 journal entry): I have long known that they had a very unstable relationship, and that Josh was only using her as a means to a financial end. There is never any money for her to do nice things for herself because all their money goes to pay off debts Josh accumulated while he was single and living with Catherine.

Dave Cawley: The senior living center job went sideways soon after. Josh wrote in his journal that their managers were asking them to break policies and laws. He escalated it to regional management and human resources, but got nowhere. They considered transferring to another center, possibly in Colorado. That was complicated though, because Josh’d developed a bad reputation.

On the other hand, they’d made progress paying down his debts and started to discuss beginning a family. They bought a little green parakeet. Steve brought his camcorder to their apartment to meet “Verde.”

Steve Powell (from February 2, 2003 home video recording): This is—

Susan Cox Powell (from February 2, 2003 home video recording): What’re you doing?

Steve Powell (from February 2, 2003 home video recording):  Verd, the newest member of—

Susan Cox Powell (from February 2, 2003 home video recording): Verde.

Steve Powell (from February 2, 2003 home video recording): Verde, I’m sorry.

Susan Cox Powell (from February 2, 2003 home video recording): No, we’re not idiots—

Steve Powell (from February 2, 2003 home video recording): Yeah.

Susan Cox Powell (from February 2, 2003 home video recording): —we don’t butcher the Spanish language.

Steve Powell (from February 2, 2003 home video recording): You don’t. This is the newest member of Susan and Josh’s family.

Susan Cox Powell (from February 2, 2003 home video recording): This is our baby.

Steve Powell (from February 2, 2003 home video recording): This is their, your baby. Well do the cute little things. Y’know, kiss him, give him your, pet him.

Susan Cox Powell (from February 2, 2003 home video recording): (Kissing noises)

Dave Cawley: A little while later, they bought a mini-macaw parrot, which they named Triley. Susan’s unease around her father-in-law continued to grow. He seemed to visit a lot, even after they’d moved to Yakima. Steve dumped thousands of dollars into a home recording studio, convinced that his music would help woo Susan.

Susan’s picture was the desktop background on Steve’s computer.

[Scene transition]

Dave Cawley: Steve was a pressure cooker. His obsession for Susan continued to boil. A close friend told him to leave it alone, because pursuing a relationship with his daughter-in-law would tear his family apart. But he couldn’t contain himself.

On July 13, 2003, Steve drove out to meet Josh and Susan at a commercial trucking business in Kent. Josh was considering a yet another career change. He wanted to drive a big-rig.

Josh Powell (from July 13, 2003 home video recording): See you later.

Steve Powell (from July 13, 2003 home video recording): Ok, bye.

(Sound of truck driving away)

Dave Cawley: Steve brought his video camera, as he always did when Susan was around.

Steve Powell (from July 13, 2003 home video recording): So there’s Josh, taking off on his first drive in a truck.

Dave Cawley: Josh was going to be awhile, so Steve offered to give Susan a lift back to her parents’ house in South Hill. It was the opportunity he’d dreamed of for months. At last, he’d have Susan all to himself. He grabbed a quick video clip of Susan from the driver seat of his minivan, then crammed the camcorder into its bag just before she opened the minivan’s passenger door.

(Sound of car door closing)

Dave Cawley: He pressed the red button to stop the recording but it kept rolling.

Susan Cox Powell (from July 13, 2003 home video recording): Josh brainwashed me never to slam the doors…

Dave Cawley: The video was just black but the microphone caught the whole conversation. They started driving south on State Route 167. Susan talked about how she and Josh were considering a move to Colorado. It was the last thing Steve wanted to hear. He could not take it.

Steve Powell (from July 13, 2003 home video recording): I’m probably wrong but I’ve really fallen in love with you. And, y’know, I don’t know, I mean I, y’know, for the last year and a half, you’re about the only thing I can think about. And, and I don’t know where it began. It probably began when you were living with me and, and would come into my office and, y’know, y’know, let me feel your legs, smooth, waxed or whatever and, and then it just went from one thing to another. And, uh, y’know, that experience on the couch, your couch in Yakima six months ago was just I, I mean, I, I know that, I mean, it was a massage, right? But it, but just being with you for two hours and holding you and, and uh, y’know.

(Long silence)

Dave Cawley: That long silence spoke volumes. Consider the situation as well, the power disparity between them. Steve was in control, at the wheel. Susan was trapped in the car with him. She tried to change the subject. Steve wasn’t deterred.

Steve Powell (from July 13, 2003 home video recording): 

May, maybe, maybe I’m getting the wrong signals from you, maybe I’m, maybe I’m interpreting something that I shouldn’t be interpreting. Umm, y’know it just, like for example when we were sitting on the couch it just felt like you were very, umm, y’know, I mean I was extremely aroused and I think you were somewhat aroused at least I thought.

Susan Cox Powell (from July 13, 2003 home video recording): I don’t know where you’re going with this.

Steve Powell (from July 13, 2003 home video recording): But Susan, I don’t, I, I, my, yeah, well I’ll tell you what I’m, where I’m—

Susan Cox Powell (from July 13, 2003 home video recording): I mean, I’m married to your son and I should just be the daughter-in-law—

Steve Powell (from July 13, 2003 home video recording): I know.

Susan Cox Powell (from July 13, 2003 home video recording): —which puts me a step beneath your own children.

Steve Powell (from July 13, 2003 home video recording): Ok.

Susan Cox Powell (from July 13, 2003 home video recording): And that’s where I’m comfortable.

Steve Powell (from July 13, 2003 home video recording): Ok, ok.

Steve Powell (from July 13, 2003 home video recording): I was kind of meaning to talk to you about this because I realized the last time I came over that my own father — and not to be mean to him about it ‘cause everyone treats everyone differently — but my own father doesn’t kiss me.

Steve Powell (from July 13, 2003 home video recording): Mmhmm.

Susan Cox Powell (from July 13, 2003 home video recording): He, as of like six years ago maybe just started getting in the habit of saying ‘I love you’ and my mom also. My family is not that uh, vocal and physical with showing their emotion mainly as that you tease someone to show that you care about them—

Steve Powell (from July 13, 2003 home video recording): Mmhmm, yeah.

Susan Cox Powell (from July 13, 2003 home video recording): —y’know, which I think is what most, is the first level that most people use.  Y’know, your coworkers, you tease ‘em because you like hanging out with them. And I was just thinking about the last time that my own father doesn’t kiss me and you, and you kiss me and I didn’t like that.

Steve Powell (from July 13, 2003 home video recording): Ok. That’s fine. I won’t…

Dave Cawley: Ok. A few important points: first, Susan was clearly uncomfortable. Her voice was very guarded when she said “I don’t know where you’re going with this.” Second, she told Steve that she did not like it when he kissed her. He had taken to giving her a peck on the forehead whenever he visited. Also, remember their ages: Susan was 21, Steve was 53.

Steve Powell (from July 13, 2003 home video recording): Susan, I, y’know, I mean, as I say, I, I don’t know, y’know, when your, when your daughter-in-law walks into your office and, y’know, shows, shows you her legs and says, y’know, y’know what I’m saying? I, I don’t, y’know, I don’t know, I don’t know how—

Susan Cox Powell (from July 13, 2003 home video recording): Well I’m sorry I did that.

Steve Powell (from July 13, 2003 home video recording): Yeah ok, ok.

Susan Cox Powell (from July 13, 2003 home video recording): And I, y’know, can’t undo it.

Steve Powell (from July 13, 2003 home video recording): Ok, and that’s fine.

Susan Cox Powell (from July 13, 2003 home video recording): Let’s just try to forget, I guess.

Steve Powell (from July 13, 2003 home video recording): Ok, try to forget.

Dave Cawley: Steve’s fantasies were crumbling. Susan didn’t even want him to touch her. She changed the topic again. But Steve wouldn’t let it go.

Steve Powell (from July 13, 2003 home video recording): Are you upset at me for talking to you like that?

Susan Cox Powell (from July 13, 2003 home video recording): Uh, no it’s nice to answer your questions—

Steve Powell (from July 13, 2003 home video recording): I appreciate that—

Susan Cox Powell (from July 13, 2003 home video recording): —resolve.

Steve Powell (from July 13, 2003 home video recording): —I really do because I’ve been wanting to, are you (clears throat) are you gonna, are you going to talk to Josh about it?

Susan Cox Powell (from July 13, 2003 home video recording): Is there anything I don’t talk to Josh about?

Dave Cawley: After nearly an hour of awkwardness, Steve at last pulled up outside Susan’s parents’ house. He told her thank you for being so sweet before she stepped out of the minivan.

Susan Cox Powell (from July 13, 2003 home video recording): Alright.

Steve Powell (from July 13, 2003 home video recording): Bye.

Susan Cox Powell (from July 13, 2003 home video recording): Thank you much.

Steve Powell (from July 13, 2003 home video recording): You’re welcome.

(Car door closes)

Dave Cawley: That night, Steve wrote in his journal about their conversation.

Ken Fall (as Steve Powell from July 13, 2003 journal entry): I am in so much pain right now. I don’t know where to turn with it. I spoke to Alina, who has been very supportive of my infatuation or obsession. Her advice was to accept that Susan is a ‘player,’ and that is what players do. They lead guys on. … This will probably be one of the last entries about Susan, my desire and love for her.

Dave Cawley: It was not the last, not by a long shot. Steve went back to his video, to see if he’d captured any good shots of Susan. That’s when he discovered the recording of their conversation and went through it again, analyzing every word. He became convinced that Susan had not, in fact, rejected him. Here’s what he wrote

Ken Fall (as Steve Powell from July 14, 2003 journal entry): I was thinking awhile ago that maybe I should apologize. Maybe I will. But I don’t feel too much at fault. Maybe I’ve done irreparable damage. I don’t know. … So depressed. How can a woman do this to me? It’s insane.

Dave Cawley: Susan told Josh about what’d happened. He came unglued. Josh told his dad “I guess insanity runs in our family.” Steve worked his magic. He told Josh the insanity had started with Susan. He said she’d led him on. I mean, He was only reacting to her provocations.

Josh kept his distance, for a little while. He didn’t see his dad face-to-face for a couple of months. When they talked on the phone, Josh would make sure Susan was not in the room.

By September, Steve was writing in his journal that Josh had come around to his point of view.

Ken Fall (as Steve Powell from September 7, 2003 journal entry): It would seem that he has pretty much brushed the incident off. … It did not take much for me to convince Josh that she instigated my feelings for her by her little enticements. … The reality is, I don’t think Susan is upset at me.

Dave Cawley: (Laughs) Oh, no. Susan was very upset. Her father-in-law had propositioned her and her own husband didn’t seem to care. She wanted nothing to do with Steve. When he came to visit Josh and Susan’s apartment in October, she locked herself in the bedroom and refused to talk to him.

[Scene transition]

Dave Cawley: That same month, Josh and Susan transferred jobs from the Orchard Park center in Yakima to another senior living community called Capital Place in Olympia. The move put them even closer to Steve than they’d been in Yakima. Enough was enough. Josh and Susan decided they needed to get away from Steve. They were going to move far away, to Utah. Josh asked his dad for help loading their stuff into the moving van. Here’s what Steve wrote in his journal.

Ken Fall (as Steve Powell from December 12, 2003 journal entry): I helped them clear out their apartment Wednesday. Now Josh doesn’t need me for awhile. It is interesting that he was upset at me for telling Susan I was in love with her, but needed my help too much to stay away.

Dave Cawley: Josh also grabbed his motorcycle. He’d given the bike to Michael to cover a debt. Steve was furious. From his point of view, Josh had cheated his younger brother, twice. He wrote in his journal that Josh was also cheating Susan.

Ken Fall (as Steve Powell from December 12, 2003 journal entry): She has in essence paid off his and Catherine’s debts … All I can say is that Susan deserves to walk away from their marriage with more than an empty wallet. That’s pretty much how Catherine was left.

Dave Cawley: Josh and Susan left Washington in December, 2003. When they arrived in Utah, they crashed with Josh’s sister Jennifer, her husband Kirk and their kids.

Jennifer Graves: Just watching them interact, I was concerned. I was already concerned. … Josh was very controlling and umm, by that point, Susan was starting to push back a little bit. She didn’t want to, y’know, just be controlled and have any choices in her life. And so she wouldn’t always handle it in the best way and she would bite back, y’know, verbally. Umm, she would, uh, she would definitely resist and, and say things that, you know, weren’t always in the nicest way. (Laughs)

Dave Cawley: Josh and Susan both signed up with a temp agency and landed jobs at Fidelity. They also found a realtor and started looking to buy a house. In late January, they toured a home on a cul-de-sac in the Salt Lake suburb of West Valley City. The house on Sarah Circle was about 2,200 square feet. Josh ran from room to room, giddy, imagining all of the space he’d have for tools, computers and RC toys.

They submitted a bid at what Josh called “the Lord’s appointed price,” about $500 above list, and prayed for a miracle. Their prayers were answered. Josh wrote about the experience, oddly referring to himself in the third person.

Eric Openshaw (as Josh Powell from January 27, 2004 journal entry): He had several misty-eyed moments as he contemplated the workings of the spirit. Also the greatness this house could bring to Josh and Susan. … No longer would they be transient and subject to whatever unsuitable shelter came available. No more clutter and lack of access to their property. No more getting angry every day because of these factors.

Dave Cawley: Yet, Josh’s other writings reveal that by that point, he’d already abandoned his faith. I found a text file among the thousands of documents police recovered from Josh’s computer must later. It was dated January 15, 2004. In it, he wrote…

Eric Openshaw (as Josh Powell from January 15, 2004 computer file): Where has the spirit gone today? He’ll never leave my side, they say. But now I need him so and I don’t know where to go. I am afraid but full of pride. I can’t believe. I know too much. My mind has overdriven my heart. I have been taught the untruth of my God.

Dave Cawley: Buying the Sarah Circle house put Josh and Susan in a precarious position. The financing only worked because nothing on their pay stubs revealed that they were working on a temporary basis. Had the lender known, they probably wouldn’t have qualified for a mortgage.

It didn’t take Susan long to make friends at work. She landed in the Fidelity call center, a natural fit for her outgoing personality. Josh, on the other hand, struggled. He was stuck doing data entry. Josh felt the job was beneath him. Not long after getting the home loan, Fidelity let him go.

Susan’s dad Chuck Cox couldn’t understand why they still moved forward buying the house.

Chuck Cox: So if it took two incomes to qualify for the house and now they know they don’t have one income, what’s your plan here? Why are you doing this?

Dave Cawley: Josh had bigger ambitions: to make a million dollars working as a realtor. Susan had to support him, as she revealed in her journal.

Kristen Sorensen (as Susan Powell from May 7, 2004 journal entry): Maybe Josh will get a client so he can start making an income, or we’ll get pregnant! Either would be great! I feel like I’m too stressed out because I’m in a temp job, supporting a mortgage and no prospects for Josh.

As she settled in to her new church congregation, Susan made fast friends with her neighbors, particularly Kiirsi Hellewell.

Kiirsi Hellewell: When she moved to Utah she was, I don’t know I guess I’d call her a little bit immature. When she became friends with my husband and I she said “I don’t know if this is going to work out because I’ve never been friends with anybody with kids before, but we’ll give it a try and see if we can hit it off.”

Dave Cawley: She also received a calling in her new church ward, or congregation, working with young women. In The Church of Jesus Christ of Latter-day Saints, callings are volunteer positions held by members. Susan did her best to juggle work, home and church life.

Kiirsi Hellewell: Even though she had been raised in the LDS Church, she, she was very much in the newlywed, kind of teenage girl sort of still mentality… kind of had to grow up really fast with Josh as a husband.

Dave Cawley: Though they’d moved away, Steve Powell continued to loom over Josh and Susan’s marriage. He spent hours talking to Josh on the phone. Susan documented frustration over that in her journal.

Kristen Sorensen (as Susan Powell from April 21, 2004 journal entry): I’m trying to deal with forgiving my father-in-law of what he’s said/done. As I try, he continued to re-offend, which makes it even more difficult… I am to the point where if I had fur, it would bristle whenever I know Josh is talking to his dad.

Dave Cawley: In June, Susan applied for and received a permanent full-time position with Fidelity. Her pay worked out to roughly $33,000 per year. The job came with benefits that would cover medical care for her baby. Yeah. That’s right. Susan was pregnant.

Dave Cawley: While pregnant, Susan studied for, took and passed the tests necessary to obtain her stockbroker licenses. She became breadwinner for her growing family. Susan confided in her friend Kiirsi, saying she had misgivings about how Josh would fare as a father.

Kiirsi Hellewell: It was funny because when she was first pregnant with Charlie, she kept saying “I just can’t picture Josh as a dad. He’s just, I just don’t see how this is going to work. But then I look at how he acts with our pet bird and he’s really loving with the bird, so maybe it will work out for him to be a dad.”

Dave Cawley: Susan went into labor on January 19, 2005. Chuck and Judy Cox traveled to Utah for the event. They drove Susan to the hospital, because Josh was too busy tinkering with his computer. When he arrived an hour late, he sat on the window sill with his laptop.

Chuck Cox: So we were right in that little frantic phase where she’s in great pain and all that and the baby’s just about to be born everything and I say “Josh, Josh, come over here,” and he’s still nothing. So I went over and I took the laptop and I just closed the lid on it and I said “it’s time, you need to be with her.” And I set it down beside and kinda helped him up and he went over and took her hand and thats, then she shortly thereafter, y’know, she looks up and says “see dad, he’s here for me.” Yeah, “ok dear, yes dear. Of course it is.”

Dave Cawley: Chuck said Josh’s behavior changed once he held his son Charlie for the first time.

Chuck Cox: He had fear in his eyes in the sense of just “oh my gosh, what’s going on” as she’s squeezing his hand and, and as soon as the baby’s born and then he was “oh man, look what I got!” He says “this is a super thing. This is the best child in the world.” And then he’s a big proud daddy. And I’m going, “well good maybe, maybe there’s hope here. If it took that to wake him up, maybe he’s woke up. I don’t know.”

Dave Cawley: Susan took about five weeks of maternity leave before returning to work. She wrote in her journal that when she went back, being apart from Charlie tore at her.

Kristen Sorensen (as Susan Powell from March 3, 2005 journal entry): Bawled my eyes out while he ate and I rocked him. Can’t imagine giving up a son, it was hard enough to leave him for 12 hours. Did a lot of tearful praying as I cried. Somehow, made it through the day, but felt on the verge of tears all day long.

Dave Cawley: She considered quitting her job and working as Josh’s assistant in his real estate business. He continued to spend money they didn’t have, a habit he’d justified from the beginning of their relationship. Susan poured out her frustrations in an April 7, 2005 journal entry. Josh had failed to take any notice of their fourth wedding anniversary a day earlier.

Kristen Sorensen (as Susan Powell from April 7, 2005 journal entry): I’m depressed/stressed because Josh wants me to possibly go back to work again and doesn’t seem to want to focus on real estate … and the church is covering our utilities and our groceries and I feel like a mooch and like Josh just wants to take the easy way out and never get around to supporting his family.

Dave Cawley: She brought her frustrations to her bishop, the lay leader of their church congregation. She told him about her father-in-law, how Steve had propositioned her two years earlier. The bishop suggested Josh and Susan go to marital counseling. The bishop also talked to Josh, telling him to show his wife more affection. Josh dismissed him, saying  they couldn’t afford another baby.

Josh resented the time Susan spent on church obligations, feeling that she was neglecting him. He quit going to church himself. An awareness grew in Susan that something was fundamentally wrong with their marriage. She sometimes considered running away, back to her parents in Washington. But never did.

Kristen Sorensen (as Susan Powell from April 17, 2005 journal entry): So it’s just more of me changing me to hope it helps Josh. I love him and Charlie and no longer feel the need to hop on a bus to Puyallup like I did earlier when Josh was being so negative.

Dave Cawley: It was during this time she wrote in her journal about a dream in which her teenage ex-boyfriend saved her from a bomb. Susan didn’t want to get back with him, but realized something important was missing from her marriage.

Kristen Sorensen (as Susan Powell from August 31, 2005 journal entry): It’s been almost a year since Josh and I have been physically close, as in sex. Josh always seems to be stressed out, or busy on the computer or too tired by the time he gets to bed or he’s worried that he’ll get sick by kissing me or that we’ll get pregnant again. Despite the fact that you can’t get pregnant just by kissing.

Dave Cawley: In fact, this side of Josh stretched far back into his past. He’d expressed desire for Susan in his audio journals when they dated…

Josh Powell (from January 5, 2001 audio journal recording): I love resting with her sweet body next to mine. I love the way it feels. She is, she is soft but she’s not fat. Her body is soft in the right spots and more toned and hard in the right spots. I just think that she is incredible that way.

Dave Cawley: …but at the same time, Josh had struggled to do simple boyfriend things, like hold Susan’s hand.

Josh Powell (from December 13, 2000 audio journal recording): When it really comes down to it, I am not into any kissing and I’m really less likely to even be comfortable cuddling. I almost have to get away from a girl. I can cuddle for a second as kind of playing around, but then I have to get away from her in order to maintain my comfort zone.

Dave Cawley: I decided to ask Catherine Everett, the woman Josh had dated before Susan, about this part of his personality. Here’s what she said.

Catherine Terry Everett: In the beginning of our relationship, it was very much, y’know, we’d hold hands and, y’know, cuddle with each other and stuff like that. But then when we moved in together, it turned into he didn’t want to kiss me anymore. Because any time he kissed me, he would get sick. That’s what he was convinced of.

Dave Cawley: Sound familiar? Josh told Susan the same thing he told Catherine. Was he a germaphobe, or was it something else? In any case, Josh’s treatment of Catherine wrecked her self-esteem.

Catherine Terry Everett: I remember, y’know, thinking to myself, I’m like “is there something wrong with me?” Y’know? I couldn’t understand how it could go from one thing to him being like that. It just didn’t make any sense. But that’s what he would tell me, he’d be like, he goes “I want to kiss you but every time I kiss you, I get sick.”

Dave Cawley: So one can imagine how Susan must have felt when her husband refused to even give her a kiss. The growing physical distance only compounded the financial strain Josh and Susan were under. By Valentines Day of 2006, they were talking about the “logistics of divorce.”

Josh had been scarred when his parents split. He had no intention of allowing Susan to divorce him. After their talk, Susan wrote a pleading letter.

Kristen Sorensen (as Susan Powell from February 14, 2006 letter to Josh Powell): I want this marriage to work, not just for Charlie, but for us, because Charlie will grow up just like you did. And I still want to be with you after Charlie grows up. Just like how I’m sure your mom and dad wish they had a significant other in their lives, now that you kids are all grown up.

Dave Cawley: In the letter, Susan made several promises in the hopes of keeping her husband happy.

Kristen Sorensen (as Susan Powell from February 14, 2006 letter to Josh Powell): I will keep working at Fidelity, keep not spending money — only gas, only drive to and from work and daycare. I will not do hair or only do it when you tell me you won’t be home or if I can do it at someone else’s. I can continue to try to scan. … I can read scriptures out loud for us. … I can continue to say prayers and make a continuous effort to make our marriage work and us be happy in it.

Dave Cawley: Did you catch Susan’s mention of scanning in there? I’ve made a lot of references to Josh’s journals so far in this podcast. The truth is, many of Josh’s “journals” were just random scraps of paper. He’d write notes in the margins. If he went to church, he’d write down who with and what was discussed.

Josh kept everything — letters, receipts, notes, fliers — and made digital copies. All of his correspondence back and forth to high school friends like Jackie and Theresa survive because he or Susan scanned those letters and envelopes.

Josh also pressured Susan to edit her teenage boyfriend out of her journals. He wanted her to throw away pictures from the high school dances she’d attended. But Susan, she resisted this. She later told a coworker one day her own children would be mature enough to understand the mistakes their mother had made as a teen.

Susan quit Fidelity for good in May of 2007. They took out a second mortgage on the Sarah Circle house to get by as their incomes dwindled. Josh’s at-home realtor business, which had never really made it off the ground, started to collapse. Hoping to prop it up, he bought a full-page ad in the local phone directory. The directory publisher, Dex Media, did its part, but Josh was not happy with the outcome. He accused the company of misprinting the phone number and refused to pay. Dex sent the account to a debt collector, who in turn sued Josh in Utah state court. That lawsuit demanded more than $91,000 in unpaid costs.

In the middle of all of this, Susan learned she was again pregnant. This time, she desperately wanted a girl. There were signs early on the baby might be born with cystic fibrosis or Down syndrome.

Kristen Sorensen (as Susan Powell from September 2, 2006 journal entry): I worry that we won’t be able to support the needs of a CF or Down’s child, that Josh won’t accept it and get a divorce, that he’ll favor Charlie and ignore this child.

Dave Cawley: Susan delivered their second child, another boy, on January 2, 2007, just a few weeks shy of two years after Charlie’s birth. The baby weighed just 5 lbs., 10 oz. He’d had the umbilical cord wrapped twice around his neck and Susan in horror saw that he was blue. The delivery room staff used her oxygen line to help get the newborn breathing. To Susan’s relief, her second boy was born free of any disease.

Kristen Sorensen (as Susan Powell from March 31, 2007 journal entry): Josh was supposed to name him, he’s on the phone telling my mom and says ‘what about Brady?’ and I’m thinking ‘Brady Bunch? No.

Dave Cawley: They agreed on Braden, their miracle baby.

Then, more than ever before, she had her hands full. She was caring for two young kids. She wasn’t working and Josh’s adventure in the real estate business continued to worsen. They had only one car at that point, a 2005 Chrysler Town and Country minivan, which Josh rarely allowed Susan to drive. Debt had haunted Josh his entire adult life.

Josh Powell (from December 13, 2000 audio journal recording): That’s not to say that I’m, that I regret any of the purchases I’ve made. I’m happy with the way I am, with the way I’m living.

Dave Cawley: In April of 2007, Josh and Susan filed for Chapter 7 bankruptcy. Federal court records show at the time, he had more than $30,000 in credit card debt, nearly $59,000 in outstanding student loans, and roughly $100,000 owed to that botched phone book ad. He also owed his father-in-law Chuck Cox $3,000 and made sure to include that on the court filing.

The bankruptcy court didn’t exactly wipe the slate clean. Josh’s student loan debt persisted. He reaffirmed his mortgage and car loan, so those stuck around as well. But the credit card balances and the phone book debt collection lawsuit disappeared.

The nation was sliding toward what would come to be known as the Great Recession. Josh’s political and social views were also growing more extreme.  He often ranted about a coming environmental catastrophe, during which the world would run short of water. He warned Susan they might need to flee the United States on short notice. Susan was baffled but tolerated it all as best she could.

Kiirsi Hellewell: She learned to be really really self-reliant. She started growing a garden. She had fruit trees. She learned to can things and she had wheat storage. I mean she was, she kept saying “this is weird for me, I’m not really a homemaker type but I’m trying to learn how fit into this Utah mom and wife thing and learn how to do all these self-reliant things.” She learned how to bake bread, so she would come over and we could cook and watch movies and just talk.

Dave Cawley: Susan’s journal, emails and Facebook messages show those friendships helped her cope.

Kristen Sorensen (as Susan Powell from July 1, 2007 journal entry): I made dinner which I’m the only one enjoying and I’m sitting here reading a self-help book thinking nobody appreciates my efforts, or at least, not the people I’m closest to make an impact with, like Josh. I’m not suicidal or anything, just feeling alone and frustrated which is interesting because even as I write “feeling alone” I know I’m not alone and I’m aware how blessed I am and I almost feel selfish to want to pray for improvements but I still want things to be better than they are.

Dave Cawley: By the start of 2008, it was clear to Susan she could no longer depend on Josh to support the family. They had to get regular jobs again. Though Josh had legally erased the $3,000 he owed Susan’s dad through the bankruptcy, Susan insisted in her journal, she would repay it.

Kristen Sorensen (as Susan Powell from January 6, 2008 journal entry): We started job hunting about December 12th and I’m not telling my parents because I want to tell them in the form of handing them a check of pay them back for money we borrowed literally ears ago. Torture not to tell them.

Dave Cawley: She soon landed a position at Wells Fargo Investments, a call center, doing similar work to her old job at Fidelity. There were even some people she recognized from her old stockbroker study group. Susan again was breadwinning for her family.

Kristen Sorensen (as Susan Powell from January 23, 2008 journal entry): As I’m kneeling on the kitchen floor, cleaning up the food from the boys (all 3 of ‘em) eating, I had to make an effort to concentrate on why I’m better off being married as opposed to the single mother I often feel like I am. Had to stop and think about if Josh had died, if we were divorced, if he were the original guy I married … what would be different and how much better that would or wouldn’t be. Decided I don’t want him dead, like him around for the boys, occasionally he actually does what I need him to do.

Dave Cawley: Susan was finally awake, but mired in a terrible marriage.

On the next episode of Cold…

Debbie Caldwell: They were not doing well in their marriage and she was talking to an attorney and looking at getting a divorce.

Cold season 1, episode 7: Scouring the Desert – Full episode transcript

Dave Cawley: A crowd milled around tables in the banquet hall of a downtown Salt Lake City hotel. They munched on food and chatted about the latest workplace gossip. Susan loved it. She rarely had the opportunity anymore to rub shoulders with people outside of work and church. This fancy Christmas party with her coworkers felt like a big event. It was December of 2008: one year before her disappearance.

Most people there were dressed up. Susan had shown up in jeans. Still, she was having a good time. Josh seemed to be as well, to her surprise. He was engrossed in a conversation about programming — HTML, .Net — all that nerd stuff that went over Susan’s head. Her interest in computers only reached as far as her MySpace page or maybe Facebook. Josh though lived with his nose buried in a laptop. He didn’t read much, except for technical manuals and how-to books about programming. He was pestering the Wells Fargo Investments IT guy at the table, bragging about his websites.

Amber Hardman, one of Susan’s best work friends, sat with her husband Scott at the same end of the table.

Amber Hardman: Prior companies that we had worked for didn’t have work parties where our spouses were invited so it was nice to be able to bring our spouses and hang out and get to know each other, so…

Dave Cawley: The conversation turned to television. Josh and Susan had recently binged seasons of the show 24. They also loved crime dramas, like CSI.

Amber Hardman: They were obsessed with this one show and they’d actually watch it together. That was one thing I remember. Susan would talk about how her and Josh would actually watch that together and they liked that show. So, something they had in common. (Laughs)

Dave Cawley: True crime stories fascinated Josh. He liked to dissect the missteps made by killers.

Amber Hardman: Yeah, they were talking about it and I remember hearing him say “those shows are so dumb. Those people always put the bodies in the stupidest places. It’s always so obvious.” And that’s kind of where it turned to the conversation about the mines and the western desert. Josh was like “if it was me, have you ever been out to the West Desert? There’s mines everywhere. Nobody’s going to find anything out there.” And I thought that was crazy. (Laughs) Only because, who would think of that, like… (laughs) Who actually sits there and thinks about where they’re gonna hide a body that would be better than these TV shows? Y’know? “They’ve got it all wrong.” But, y’know, Josh…

Dave Cawley: This is Cold, Episode 7: Scouring the Desert. I’m Dave Cawley. Right back after this.

[Ad break]

Dave Cawley: So Josh had put some serious thought into the value of hiding a body in an abandoned mine. During the party, he explained old mine shafts are unstable and it would be difficult or impossible for anyone to find or retrieve a body from one.

Amber Hardman: That was a year before Susan disappeared. I just thought it was a odd conversation to even have. Like where would you hide a body? I think that’s why it kind of stuck with me because even then I knew Susan and Josh had problems and even then she had even brought things up like “sometimes he scares me, I don’t always feel safe.” Y’know.

Dave Cawley: It didn’t seem Josh understood just how his flippant talk about dead bodies affected other people. In fact, Susan had called attention to his tone-deaf conversation style in a letter just weeks before.

Kristen Sorensen (as Susan Powell from November, 2008 letter to Josh Powell): You seem physically incapable of having a conversation that doesn’t revolve around your interests. Whether it be politics, the economy, energy crisis, conserving, etcetera. … It’s like you have no ability to notice if your audience doesn’t want to talk about your topic. Or if heaven forbid, they disagree with you.

Dave Cawley: Josh’s habit of dominating conversations was a recurring theme in my interviews with people who knew him, like neighbor Dax Guzman…

Dax Guzman: And he talked a lot. He talked a lot. That guy could talk a lot.

Dave Cawley: …or Kiirsi Hellewell.

Kiirsi Hellewell: He was so talkative, all the time, like over the top, like if you had a conversation with him it would go on for six hours with him doing all the talking and you doing none because he just liked to talk. And he was loud. He talked at the top of his lungs all the time. Always wanted to push his opinion and his views and he didn’t like anyone to disagree with him.

Dave Cawley: Susan could see her marriage wasn’t like her friends’ marriages. She tried to talk Amber into arranging a sort of double-date with their husbands, hoping Scott Hardman’s example might rub off on Josh.

Amber Hardman: She kind of looked up to our marriage and idolized our, Scott and I’s marriage and friendship that we have and our closeness and…

Dave Cawley: But Scott wanted nothing to do with Josh. Amber tried and tried to talk Susan into leaving Josh. Susan wouldn’t do it.

Amber Hardman: I mean, she had at one point, and I don’t remember when it was between then and when she went missing, had said “if I go missing or something happens to me, if I end up dead, no I didn’t commit suicide. No, it wasn’t me. I would never do that.” I mean, she told me that outright and clearly so. I mean, that’s frustrating in and of itself.

Dave Cawley: About three months after that Christmas party, in March of 2009, Josh decided to take Charlie and Braden out for a camping trip in Utah’s West Desert. Susan wasn’t invited. Temperatures that night dropped below freezing. Josh and the boys weren’t equipped for the cold. Susan wrote this about it in an email.

Kristen Sorensen (as Susan Powell from March 16, 2009 email): Josh took the kids to the desert starting Saturday 5 p.m. to ‘go camping’ and showed up at 2 a.m. because the kids wouldn’t settle down and he was worried about them being cold. All Sunday they had fevers.

Dave Cawley: Susan had not wanted Josh to go, especially with the boys. She was consumed with concern the whole time they were away.

Kristen Sorensen (as Susan Powell from March 16, 2009 email): I was at a Mary Kay dinner thing until 10 p.m. Saturday night, trying not to worry about the kids and hoping I could politely say “I told you so.”

Dave Cawley: Six weeks later, Susan noted in another email that her tightfisted husband had developed a sudden new interest in the desert.

Kristen Sorensen (as Susan Powell from March 16, 2009 email): He just bought a $65 car rack, I assume for all the camping that we don’t do, and tells me “we need to stop spending money.”

Dave Cawley: I asked Susan’s friend Amber if perhaps Josh was doing reconnaissance, studying the landscape, looking for mines, a full 10 months before her disappearance.

Amber Hardman: You kind of wonder because he did have a fascination with going out to the West Desert camping all the sudden. And prior to that, they were going to other areas and that was kind of a newer thing for them.

Dave Cawley: Josh decided to try camping again in May, when temperatures were a bit warmer. Unlike in March, he asked Susan to come along as well. In an email, she asked him “do we even have a tent?” She knew the answer was no.

The prior summer, she’d emailed an old friend, saying she and Josh never really went on vacation. In fact, she’d never even visited any of Utah’s five national parks, even after living in the state for five years.

Kristen Sorensen (as Susan Powell from August 30, 2008 email): I’ve never been to Vegas and Josh and I have some lame gift certificate to stay in a hotel, if gas prices ever got under control we could visit. Or those arch rock things in southern Utah that I’ve never been to.

Dave Cawley: Susan’s friends suggested places she, Josh and the boys could go, including several Forest Service campgrounds in the mountains near Salt Lake City. Most charged a small fee and Susan knew Josh would never pay it. He had different plans, anyway. He didn’t want to go to the mountains. He’d learned about a place where he could play geologist with the boys in the desert.

(Sound of plastic bucket banging)

Dave Cawley: They were going to hunt geodes. Geodes are hollow rocks that, when you crack them open, contain mineral deposits. In Susan’s words, they were “crystal sparkly things.” Utah’s hottest spot for finding geodes is a place called the Dugway Geode Beds. Amateur rockhounds can dig there for free, keeping what they find.

Josh told Susan that’s where they were going. They headed out on Saturday, May 30, 2009. Susan described the drive in a journal entry.

Kristen Sorensen (as Susan Powell from undated journal entry): At some point you turn right and the road turns into dirt, keep driving, go over some type of mountain… Pass a lot of “Ponytrail Express” monuments, keep driving, if you are lucky and don’t mind the bumps and traveling about 50 mph max on dirt roads. … About 2 or 3 more hours at this point and my cell phone was in a “no service” range but had changed the time zone to an hour earlier.”

Dave Cawley: As you can tell, Susan was more or less lost. But I’ve spent some time in the West Desert myself and can interpret, based on her descriptions and the photos she later posted to Facebook.

Josh drove the Pony Express Trail over Lookout Pass and past Simpson Springs. From there, it’s a pretty straight shot to the geode beds. But he didn’t go to the geode beds. Instead, he turned off the Pony Express Road.

Kristen Sorensen (as Susan Powell from undated journal entry): We found this little turn off that I really wished we had an SUV for (Josh claims it’s all about the driver not the vehicle) where we were literally on a dirt path of maybe 2 tire tracks if we were lucky and all these huge rocks … Eventually, I told Josh that we weren’t going to make our van drive any more. It wasn’t safe.

Dave Cawley: Josh pressed on, driving south along the flank of the Thomas Range to the vicinity of Topaz Mountain.

Kristen Sorensen (as Susan Powell from undated journal entry): We found this white quarry and I found out later that it had real topaz in it.

Dave Cawley: It’s not clear if Josh knew where he was going all along, or if he stumbled upon Topaz Mountain by accident. Like the geode beds, it’s a spot where where people can collect crystals.

(Sound of of hammering on geode)

Dave Cawley: He gave the boys hammers, safety glasses and ear plugs. Then, they went looking for sparkly rocks.

I need to make a quick correction here. Since the release of this episode, I’ve have learned that the white quarry Susan described was actually on the northern end of the Thomas Range, not the southern end. It was in a draw just to the west of Dugway Pass, a short distance south of the Pony Express Trail. Thank you to Dave Stemmons for the tip, which I independently verified.

Kristen Sorensen (as Susan Powell from undated journal entry): There is a small hill of sand with huge black beetles in it that the boys got so excited over. … Since we were in the wrong place, we were very successful in finding other creatures.

Dave Cawley: Susan screamed at the sight and sound of a coiled rattlesnake. She clutched both of her boys. Josh, on the other hand, was fascinated. He talked to the boys about reptiles while casually flinging rocks at the snake. Daylight was fading, so the family returned to their minivan.

Kristen Sorensen (as Susan Powell from undated journal entry): We drove and found one lone light that was a place called Fish Springs National Wildlife Refuge Headquarters. We read about their visitor signs and by this time it was pitch dark so we decided to come back in the morning and drove about a half hour away and parked in a kind of deserted gravel quarry just to the side of the road.

Dave Cawley: They slept crammed into the back of the van. In the morning, Josh cooked a breakfast of pancakes, sausage and eggs.

Kristen Sorensen (as Susan Powell from undated journal entry): It was nice to have Josh cook breakfast, just unfortunate that I have to be camping in order to experience it.

Dave Cawley: They spent much of that day exploring Fish Springs before finally finding the geode beds. By then, the boys were getting fussy and dark clouds were gathering on the horizon. Susan said it was time to go home. The rocky desert roads had taken their toll though. One of the rear tires on the minivan went flat. Then, it started to rain. A passer-by stopped to help Josh mount the spare tire.

Kristen Sorensen (as Susan Powell from undated journal entry): We then had to basically limp home. No faster than 35 mph on dirt roads with pot holes, the entire time, with me worrying that if the spare can’t take it, we were out of service on our cell phones and there were not anymore cars passing us by.

Dave Cawley: Susan attributed her family’s safe return to divine intervention. She called their camping trip “freeing” for Josh. She was putting Charlie and Braden to bed a few weeks later when she overheard Josh in the other room, talking to his dad on the phone.

Kristen Sorensen (as Susan Powell from June 29, 2009 email): I heard him say “no, Susan didn’t go camping with us that time.” I heard him laugh (I assume at his dad joking that I wouldn’t enjoy it, or prefer church instead or I’m the party pooper or something). Then he said, “yeah, I just found some people and bummed off their campfire so I didn’t have to build my own.”

Dave Cawley: She told a friend in an email that what she heard sounded “suspicious.”

[Scene transition]

Dave Cawley: Even more suspicious were the words spoken by Charlie, the day after he returned home from the December camping trip with his dad. I’ve touched on this in a previous episode, but it deserves a closer look.

On Tuesday, December 8th, Charlie told Detective Kim Waelty that his mom had gone camping with him but stayed behind at Dinosaur National Park. Waelty asked him where at the park and Charlie said “where the crystals are.” He explained crystals are colorful and grow inside of rocks.

Sounds like he was describing geodes, right? It’s a tricky thing though, interviewing a four-year-old.

Ellis Maxwell: So challenging. I mean, I worked child sex offenses, child abuse cases and those are challenging when they’re that young.

Dave Cawley: Ellis told me kids can be unreliable. They’re too distractible, or too scared, or too easily led to deliver the answer an interviewer wants to hear. Detective Waelty had special training for these kinds of interviews and knew to use a light touch.

Now, the West Valley City police department released a transcript of this interview in 2013. They did not include the audio recording. I tried to get it using an open records request, which West Valley City denied. It turns out, recordings made at Children’s Justice Center locations in Utah are exempted from Utah’s open records law. That makes sense in most cases. Public release could cause additional harm to kids who witness or are victims of horrible crimes. I get that. There are special privacy concerns to consider, too. I get that, as well. But there’s a reason why I believed, and still believe, this audio’s important.

My thinking went like this: in this case, there is no privacy left to protect. Charlie is gone. Transcript is valuable, but it can’t convey all of the nuance of speech, especially from a young child. How Charlie responded to questions might reveal as much about his thinking as the actual words he used.

I appealed West Valley’s denial of my request. It was denied again. I then had some very smart lawyers look at the law and they told me, in so many words, that I couldn’t win. So, I dropped the appeal. Unfortunately, that means I can’t play you the audio of what happened. I’ll describe it instead, going off the transcript.

Detective Waelty asked Charlie what his mommy had said. Charlie replied mommy said she wanted to stay, so she slept where the flowers and the crystals grow. Waelty asked if Charlie saw that place. He said yeah and said there were a “whole bunch of red berries.” Then, he changed his mind and said the berries were blue.

Waelty asked if his mommy had been happy or sad. Charlie said happy. She wanted to stay because the crystals were so pretty. He said he stayed where there were no crystals, but where there were lizards, pythons that weren’t in the wild and snakes that live in Dinosaur National Park.

Charlie’s repeated references to a Dinosaur National Park seemed perplexing. There is no “Dinosaur National Park” in the United States. But there is a Dinosaur National Monument. It sits on the Utah-Colorado border, about a three-hour drive east of Salt Lake City.

The monument protects the spot where, in 1909, a paleontologist discovered the skeletal fossils of a large sauropod called Apatosaurus. Josh, Susan and the boys had visited Dinosaur that August, for the 100-year anniversary of the discovery. They camped near the Green River.

Kristen Sorensen (as Susan Powell from August 14, 2009 email): My coworker’s saying be very careful with the water in that area. I don’t know that we’d want to go swimming and deal with all that, maybe just wading up to our knees or something while in shorts. … Of course we will have the children glued to us.

Dave Cawley: They again slept in the minivan, just as they had on the Pony Express Trail in May. Around that same time, Josh pushed to get the boys into another dinosaur-themed attraction closer to home. Thanksgiving Point, a destination with flower gardens, museums and restaurants, was running a $2 Tuesday promotion. That meant Josh could take Charlie and Braden to Thanksgiving Point’s Museum of Ancient Life for a fraction of the normal cost.

Memories of these two dinosaur-themed outings were likely blurred in Charlie’s mind, muddled with recollections of the topaz, geodes and rattlesnake from the Pony Express trip.

Ellis Maxwell: You can’t put a lot of credit in the children’s sense of time at that age.

Dave Cawley: Ellis and the rest of the detectives weren’t able to make much sense of what Charlie had told them. His talk of crystals and berries and Dinosaur National Park were just too vague.

[Scene transition]

(Sound of idling ATV)

Dave Cawley: A cold January wind whipped across the landscape as the four-wheelers rolled over dirt, mud and snow. Louis Amodt and Tony Gallegos were riding with West Valley City police into the heart of the Great Basin, into the rugged recesses of remote mountain ranges. Into the West Desert. They were looking for mines. They were looking for Susan’s body.

Tony Gallegos: We were, y’know, sort of experts in this field. We knew what to do around mines. And Louis’ familiarity with some of the areas. So, “gee, we’ll help you find these mines and we’ll help you safely evaluate them” but then the goal of finding a, a body or clues, that, that was a little somber.

Dave Cawley: To look at the area on a typical street map, you’d see just a big, blank white spot. But Amodt and Gallegos knew the region better than most. At the time, they worked for the Utah Department of Natural Resources. They were the experts when it came to abandoned mines. That’s why police had asked for their help.

Louis Amodt: The area they had was, uh, the West Desert of Utah which could contain 5-10 thousand abandoned shafts, a few of those would be applicable to leaving someone there.

Dave Cawley: West Valley detectives made their first scan of some abandoned mines on December 16th and 17th, just a week and a half after Susan’s disappearance. It was like dipping a toe into the ocean. The task of searching all of those holes in the ground was gargantuan, a fact they were just beginning to grasp.

Detectives David Greco and Max Cook had drawn the assignment. Just after Christmas of 2009, they met with Louis and Tony to see what they were up against.

Tony Gallegos: I was surprised that they contacted us and said “hey, we’re looking at these mine openings, do you guys have any information?”

Louis Amodt: Mmhmm.

Tony Gallegos: That they were kind of open to that and we said “well, as a matter of fact, we do.” Then, once they saw the scope of it, they had to step back and narrow their parameters a little bit and say “ok, what do you know about these areas and what maps” and so on.

Dave Cawley: It was a bit of science and a bit of psychology. Police knew Josh’s minivan wasn’t capable of reaching mines high on canyon walls or at the end of rough, rocky trails, especially considering they’d been blanketed with snow on the day of Susan’s disappearance. They also knew Josh was a bit lazy and lacked the physical strength to carry or drag Susan very far.

Tony Gallegos: I remember that we had this search parameter of, uh, the Pony Express Road, kind of the loop around the back of the mountains and then south coming through the Tintics. So based on that road and access or time,  uh, from that they kind of came up with this zone and it went probably from West Valley down to Eureka and to the west a little bit.

Louis Amodt: From the Simpson Springs where they knew where he was, they put a three-hour driving time. And so the radius from, from there was what we looked at was the Tintics, the, the Oquirrh Mountains—

Tony Gallegos: Of course, yeah.

Louis Amodt: Clear out to the perimeter, the edge of it would have been the Gold Hill area—

Dave Cawley: Mmhmm.

Louis Amodt: —out in the Deep Creek Mountains would be the farthest, probably the farthest west. But then I know it also extended down towards Ely.

Dave Cawley: That’s Louis. He retired a few years ago, wrapping up a career that spanned more than 30 years. At the time police approached him in 2009, he was deeply involved with Utah’s abandoned mine reclamation program.

Louis Amodt: That was uh, for me personally, a very, very hard time because we wanted to help to get resolution to, to what was going on, but then uh, I didn’t really want to be there, I didn’t want to find anything. Where, you wanted to find something but you didn’t want to find it. So it, it was not for, for me personally a fun time but it was something I felt I needed to do and wanted to help.

Dave Cawley: They got ahold of a borehole camera.

(Sound of camera being lowered into mine shaft)

Louis Amodt (from January 6, 2010 borehole camera video): We’re almost on the bottom.

Dave Cawley: It’s kind of like the cameras plumbers sometimes use to look for clogs in pipes…

Tony Gallegos (from January 6, 2010 borehole camera video): Still plenty of light?

Louis Amodt (from January 6, 2010 borehole camera video): Yeah.

Tony Gallegos (from January 6, 2010 borehole camera video): Good.

Dave Cawley: …except on steroids.

Tony Gallegos: It has its own cable and lighting and camera system and it can record sound as well. It think it has a 1,000 foot range on it. It’s electric so we, it’s all portable. So we, Louis and I had used it before and then the detectives requested that we bring it so we could look at some of these shafts.

Dave Cawley: That’s Tony, formerly an engineer with the state. Neither Louis nor Tony has ever spoken publicly about their involvement with the effort to search for Susan in the mines of the West Desert.

Louis Amodt: It was never out in the public everywhere we looked and how soon after she disappeared that we spent time looking.

Dave Cawley: Police swore them to secrecy. They signed legally-binding non-disclosure agreements.

Louis Amodt: This is while Josh was still alive so you couldn’t really say anything or say “oh yeah, we’re out looking here, we’re out looking there.” ‘Cause they didn’t want to alert him of what was going on either.

Tony Gallegos: Because of the disclosure agreement, at the end of the day Louis and I could talk to each other about certain things but, yeah, you really couldn’t discuss it with your coworkers or your spouse or anything. So, and most of them were cooperative. “Oh, you guys were out in the field last week?” “Yeah.” They’re like “ok—”

Louis Amodt: Yeah, they understood.

Tony Gallegos: “—how was the weather?” Y’know, this sort of thing. We didn’t talk about the areas, didn’t talk about any of that.

Dave Cawley: Their secret search kicked off on January 4, 2010. They spent two weeks living out of borrowed barrack space at the U.S. Army’s Dugway Proving Ground, right on the edge of the search zone.

Louis Amodt: The day would start at 5:30 in the morning and you’d get up and you’d think “yeah, this could be an exciting day” but you’d work into the evenings, sometimes 10:30 at night trying to plot out things to, to see where you’re going to go next. So, it was very long days and a very difficult time.

Tony Gallegos: Yeah.

Louis Amodt: We expected snow and that our days would start well before daylight and end well after dark. We would still be out on the ground looking until the very last light and then find your way back in the dark.

Tony Gallegos: At least one instance we started out with some ATVs ‘cause we thought—

Louis Amodt: Mmhmm.

Tony Gallegos: —based on the snow conditions and the road access we thought “well, this will work.” And didn’t quite work. I think we ended up getting stuck. We had to dig out a couple of vehicles, shovel, and a couple of the ATVs. And then you needed, uh, extra winter gear, gaiters. Sometime later than that we switched to snow machines, snowmobiles just to get to some of those areas.

(Sound of snowmobile coming to a stop)

Dave Cawley: At each mine, they used high-intensity spotlights to probe the dark. Twice each day, the detectives called home using a satellite phone to report their progress. The work came with a whole host of hazards.

Louis Amodt: You have a, an opening there that’s not like a cave. A cave is stable, where these mines openings are totally unstable. The, the collar — the, the area right around the opening to, to the mine — is very unstable. Rocks fall down. And then also there are animals in there. I’ve had uh, rattlesnakes and cougars and things like that inside but then also a bigger concern is that we always carry an air monitor to monitor oxygen levels because you get back in these workings and there’s no air circulation and there’s a lot of times a lack of oxygen. So you could, y’know, pass out and wake up dead.

Dave Cawley: Tony told me these mines are no place for the public.

Tony Gallegos: They’re workings that were man-made and they haven’t been maintained for years so the rock is going crumble or fall from the roof, the timbers are going to rot, they may fill up with water. When you’re walking in there, you may have a flashlight but you really can’t see and you won’t have a instrument that tells you there’s oxygen or not. And then, there may also be explosives in some these—

Louis Amodt: Yes.

Tony Gallegos: —things like old sweaty dynamite or blasting caps that you wouldn’t even see or be aware of until it was too late.

Dave Cawley: The mines they searched ranged from shallow holes in the ground to complex networks of adits and shafts. An adit is a horizontal passage, a shaft is vertical. 

Louis Amodt: Typically in some of these old, old workings you go in 20, 30 feet and there would be a raise which is a, a shaft that goes down and it would be right in the middle of where you’re walking and if there’s water, sometimes there’s a veneer of, of dust on the water and so it looks like it’s solid ground and you step into it and it’s 45-degree water that you’re stepping into that’s in a filled shaft. And if, if you’re alone, everything is, is, is wet and slippery you’d have a really hard time getting out by yourself. Uh, but the main concern would, would be a lack of oxygen in these mines and things falling and timbers in these old mines are very rotten.

Dave Cawley: Under a federal law passed in 1977, the government can take over, clean up and close abandoned mines. Sometimes, they collapse the mine openings on purpose, or plug them up with rocks and dirt. Other times, they build steel grates to cover the openings, so bats can still come and go.

Louis, Tony and the detectives inspected the locks and metal grates, looking for signs of tampering. Police knew the acetylene torch Josh had bought just a couple of weeks before Susan’s disappearance could have cut through rebar.

(Sound of oxyacetylene torch starting)

Dave Cawley: At mine shafts too deep to inspect from the surface, the team broke out the borehole camera.

Detective Max Cook (from January 6, 2010 borehole camera recording): It is Wednesday, the 6th of January, 2010. It is 11:16 a.m.

Tony Gallegos: We’d anchor it off and then uh, start filming.

Tony Gallegos (from January 6, 2010 borehole camera recording): Alright Louis you’re, we’re good to go.

Louis Amodt (from January 6, 2010 borehole camera recording): ‘Kay.

Tony Gallegos (from January 6, 2010 borehole camera recording): So what we need to do is hold and move the pulley across on the rebar.

Louis Amodt (from January 6, 2010 borehole camera recording): Ok. So we need to come out.

Tony Gallegos (from January 6, 2010 borehole camera recording): Yeah. Max, or someone, I’ll need a hand here.

Tony Gallegos: The detectives would watch as we were going down.

Louis Amodt  (from January 6, 2010 borehole camera recording): ‘Kay. Can you see it on your display on, on the recorder?

Detective Max Cook (from January 6, 2010 borehole camera recording): Yes.

Tony Gallegos: If we did see something, we were supposed to stop and we could pan the camera around. It had its own lighting system.

Detective Max Cook (from January 6, 2010 borehole camera recording): Is your uh, camera light on?

Tony Gallegos: It was submersible and the camera could angle up and down to a certain degree and then rotate.

Tony Gallegos (from January 6, 2010 borehole camera recording): There you go, yeah. Rotate and then pan up and down on the other side.

Tony Gallegos: So we’d drop down so many feet and then move the camera around and pan around then drop down further.

Louis Amodt (from January 6, 2010 borehole camera recording): 150, actual depth.

Tony Gallegos (from January 6, 2010 borehole camera recording): I think we’re at the, yeah we’re at the bottom. We know we’re at the bottom or we can, we’re panning around. Looking up and down, different angles.

Louis Amodt (from January 6, 2010 borehole camera recording): Let me back up.

(Buzz from borehole camera motor)

Detective Max Cook (from January 6, 2010 borehole camera recording): Was there a side shaft or was this just straight down one?

Louis Amodt (from January 6, 2010 borehole camera recording): I didn’t see anything off to the side, but then…

Tony Gallegos (from January 6, 2010 borehole camera recording): It’s, without the camera turned to the side, you can miss it, some things.

Tony Gallegos: Our instructions were if we actually saw anything we were just going to hold off there and then let the detectives comment on the recording if they wanted to.

Detective David Greco (from January 6, 2010 borehole camera recording): Doesn’t look like there’s a big, large object that’s had dirt kicked over it either.

Detective Max Cook (from January 6, 2010 borehole camera recording): No.

Louis Amodt (from January 6, 2010 borehole camera recording): No.

Detective Max Cook (from January 6, 2010 borehole camera recording): Nope.

Louis Amodt (from January 6, 2010 borehole camera recording): Nope.

Detective David Greco (from January 6, 2010 borehole camera recording): So it’s clear.

Tony Gallegos (from January 6, 2010 borehole camera recording): You actually see the bottom? So what was down there?

Louis Amodt (from January 6, 2010 borehole camera recording): Looks like there’s some branches and things on the bottom. Looks like a rock, a white rock or something.

Tony Gallegos (from January 6, 2010 borehole camera recording): ‘Kay, hang on a minute. Let me turn this light on and it may make it better or worse.

Louis Amodt (from January 6, 2010 borehole camera recording): ‘Kay.

Louis Amodt: With the detectives that we were working with, to them, well and to us also, it was very personal what was going on and they felt, y’know, we all had a stake in it. There was a camaraderie.

Dave Cawley: In those first weeks, they cleared mines in the Oquirrh, Tintic, Dugway, Fish Springs, Lakeside and Deep Creek mountain ranges. Don’t worry if none of that makes sense. You can find an interactive map of the precise locations at thecoldpodcast.com. A word of warning though: these mines are very dangerous.

By February and March, the mine search expanded to the Simpson Mountains, the Thomas Range and Topaz Mountain. As the detectives became more comfortable and gained better knowledge of the land and the risks, Louis and Tony stepped back.

Tony Gallegos: As much work as we did, and the mine openings and the places we dropped the cameras, we did the best we could but even still some of those places, there could have been something in there that we wouldn’t have seen or discovered because it was remote or in the bottom of a shaft. And you still wonder, you still wonder what happened. Where is Susan Powell?”

[Ad break]

Dave Cawley: The detectives spent August and September of 2010 hunting down mines in the Silver City zone south of Eureka, Utah. That fall, while working on another project in the same area, Louis stumbled across a .357 magnum handgun. He turned it over to the police, who determined it probably belonged to a hunter and was not connected to the case.

By the one year anniversary of Susan’s disappearance, police had identified and visited hundreds of mines. They’d searched a wastewater treatment plant on the outskirts of West Wendover, Nevada. They’d followed up on a number of tips in the West Desert, even unearthing what turned out to be the remains of somebody’s family pet. The small dog had been wrapped in a blanket and buried in a shallow grave.

It’s important to remember this daunting task of cataloging and searching mines happened out of public view. The police didn’t talk about it. They didn’t go out in marked vehicles or wearing uniforms. They didn’t want Josh to know where they were looking. In the eyes of the public, it seemed the police were ignoring a huge lead.

Paulette Bennett: Most of us have been really glued to the whole thing since we were drawn, from the first news I heard about they were missing. Y’know, I still remember that.

Dave Cawley: That’s Paulette Bennett. More from her in a moment.

In March of 2010 a company called Strategic Tactical Group started making plans for a public search of the area around Simpson Springs. They recruited other organizations, like the Bridgerland Fire Company, and proposed blanketing the area with thousands of volunteers.

West Valley police wanted nothing to do with it, especially since they’d already scoured the area themselves. Besides, there were safety and liability concerns. In the end, the organizers invited only people with prior wilderness search and rescue experience. They told their teams to stay out of and away from mines. Search dogs walked grids, using their sensitive noses to sniff for any whiff of cadaver.

Paulette Bennett: There’s a whole lot of study on the scent and you see movies where they stick a, a bloodhound on a leash and off they go and here we are. Y’know it’s like, “mmm, not usually that cut and dried.” Maybe if you’re changing a runaway prisoner or something, y’know. Yeah, they can follow the scent pretty good that way.

Dave Cawley: Paulette Bennett, who you heard from a moment ago, was with a non-profit group called American Search Dogs. She brought her golden doodle, Murphy. Unfortunately, she didn’t have any way to introduce Murphy to Susan’s scent.

Paulette Bennett: Had we had a scent article of Susan’s they would have looked only for Susan. Because we didn’t have that, we had to rely on the cadaver command so they would be looking for human remains of some sort. And that can be, y’know, that doesn’t have to be a body. It could be fluids, it could be a lot of different things.

Dave Cawley: Paulette kept Murphy pointed into the wind as they worked their way through the low, brushy vegetation. They came across a surprising amount of garbage — a torn and weathered tent, a discarded sock — but none of it caught Murphy’s nose.

Paulette Bennett: They did find, we always found underwear when we were doing searches. It’s amazing the people that dump underwear in the wilderness. (Laughs) But, y’know you find those things and other things that the dogs would look at. The only thing we found was, there was — and my dog did not alert on it — was a, a piece of the spine and I, I did call their attention to it.

Dave Cawley: The bones appeared to have come from a deer, or maybe an antelope. Many of Susan’s friends were there for this search. Josh’s estranged sister Jennifer even made the drive out to Simpson Springs.

Paulette Bennett: ‘Cause everyone was totally intent on wanting to know what happened and finding her. At that point, everybody was, it was still new enough that you still felt like they might be able to find her and pin Josh. I mean, everybody quite frankly knew. You can tell from my notes, I’m pretty biased. But I don’t need to be unbiased, I’m not in the jury. (Laughs)

Dave Cawley: The volunteer search didn’t uncover any evidence. But it did draw a lot of attention. Reporters and TV news cameras were there. Tony Gallegos, the abandoned mine expert, saw the stories.

Tony Gallegos: You wanted to say “well, you don’t need to look there anymore. Look somewhere else where we weren’t able to spend time.” But then again, you really even didn’t want to encourage people to go into these mine openings that were really not safe. And you didn’t want someone being hurt while they’re out searching for someone. And, y’know, it could be families or kids, whoever. It was good that they were wanting to help, but didn’t really want to encourage people to go poking around the mine openings.

Louis Amodt: It is very dangerous

Tony Gallegos: Not a safe thing.

[Scene transition]

Dave Cawley: Josh and his family were also watching. A week later, Steve Powell wrote this in his journal.

Ken Fall (as Steve Powell from April 17, 2010 journal entry): I heard on the grapevine that cadaver dogs were employed, and some things were found, according to TV news, “not directly related to Susan Powell.” We all wondered what “indirect” relationship the finds had to her, since the comment implied that.

Dave Cawley: Steve and his sons mocked the effort from the safety of their home in South Hill, Washington.

Ken Fall (as Steve Powell from April 17, 2010 journal entry): Michael has joked that Josh should make a comment like Brer Rabbit, such as “search anywhere, in West Valley, in Simpson Springs, in Salt Lake City, but please, please, please don’t search near Rattlesnake Rock.” That is a sample of the morbid humor we indulge in from time to time. My contribution to the dark humor is, “it’s a good thing the Mormon Church did away with polygamy, because otherwise Josh would have had to dig more holes in the frozen-hard desert ground.”

Dave Cawley: Rattlesnake Rock? Where could he possibly have meant? Maybe it was the spot near Topaz Mountain where Susan had shrieked after hearing a rattlesnake in May. Or maybe it was some place far away, in Oregon or Washington. We may never know.

[Scene transition]

Dave Cawley: Murphy, Paulette’s big goldendoodle, wore a bright orange collar that was all but obscured by his long fur. A chill wind swept across the shallow, murky waters of Utah Lake. Murphy followed a trail toward the lake. Before reaching the water, he peeled away and walked to the decaying remains of a home. It was tucked into the thick wall of trees and bushes growing along the lakeside.

(Sound of breeze blowing through reeds)

Dave Cawley: Paulette could see it was little more than a concrete foundation with some sagging beams, full of shadow and who knew what else.

Paulette Bennett: Yeah, that was really creepy and the dogs were interested in it. I’m sure people have been down there in it. The dogs were showing interest in it.

Dave Cawley: Murphy continued through the brush to the edge of the lake. The ground was littered with garbage — broken office chairs, discarded fishing tackle, empty bottles of Mexican beer, chunks of concrete, the decaying remains of a dead animal — but Murphy didn’t seem to care much about any of that. At the water’s edge, he started to alert. He’d caught the scent he was looking for: cadaver.

Paulette Bennett: My dog walked into the water. The breeze was coming toward us, pawed the water. That’s what he would do when he couldn’t reach a source. He would paw at it. So I know he picked up something.

Dave Cawley: Murphy didn’t like to swim. His decision to wade out into the lake, up to his shaggy belly, was unusual.

Paulette Bennett: It’s really tricky, so even when you get some kind of a positive result from your dog, you still have to analyze the situation unless they’ve got their nose right on what you’re looking for.

Dave Cawley: Murphy was hitting on what Paulette called a “high air” scent. The wind out of the northwest seemed to carry it, maybe from the far side of the lake. Meanwhile, another dog named Lacy showed particular interest in a couch someone had dumped nearby. Paulette wondered if perhaps a fisherman had cut himself on that couch. Or maybe the scent came from the body of Susan Powell.

A man named Tim Oliver had reached out to Paulette’s organization, American Search Dogs, in March of 2010. He explained he was working with a group of psychics in the hopes of finding Susan. They’d received an impression telling them to search the northwestern shoreline of Utah Lake, around the community of Saratoga Springs.

The members of American Search Dogs were all volunteers, but they’d each spent significant time and effort training their dogs. They were well-known and well respected. They were also no strangers to receiving tips from psychics.

Paulette Bennett: For me on the psychics, I’m like, I don’t know. I don’t know if there’s something to it or not but it was just like every other search. I thought “well, it’s a good practice for the dogs, it helps validate for them if they think they’ve found something, so we’ll go ahead and see what we can find.”

Dave Cawley: After that blustery March day on the shoreline, Tim Oliver got in touch with Saratoga Springs police and told them what he’d seen.

(Sound of birds at Utah Lake shoreline)

Dave Cawley: Detective Bruce Champagne visited the site a few days later. He looked around, checking for any sign of blood or a body. He found only garbage and a pile if discarded men’s clothing. Champagne called Paulette, who described what she’d observed with Murphy. She told the detective her dog had caught the odor of cadaver. Of that, she was certain.

Paulette Bennett: Yeah, I’m sure there was something. But I’m not sure what it was.

Dave Cawley: West Valley police also caught wind of what had happened. Paulette shared her log from the search with the West Valley detectives, including the exact GPS coordinates.

The coordinates were right behind a new subdivision. Two of the new homes had been listed for sale on Josh’s real estate website at the time Susan disappeared. What’s more, the subdivision sat just south of the route Josh’d claimed to have driven on his way back from the Pony Express Trail. Detectives reasoned he might have stashed her, alive or dead, in one of those homes.

West Valley sent their own dog team down to search the shoreline, but came up with nothing. They knocked on the doors of the two homes. One was still vacant. A pair of roommates had just barely bought the other. Neither recognized Josh.

The police got permission to bring their cadaver dog into both houses, but the dog didn’t alert. But afterward, the roommates shared a story with the detectives. They said while house shopping in January, their realtor had shown them another house right next to the one they’d ended up buying. That house had reeked of rotten food or a dead animal or some other awful thing.

The smell was so strong, they said, they’d had to leave the house to avoid becoming sick.

(Sound of distant hammers and saws)

Dave Cawley: The property manger for the subdivision told the detectives there’d been several homes in the neighborhood under construction in December. A large dumpster full of building waste had been parked at one of the lots on the day Susan disappeared. Had Josh known that? Might he have left Susan there, hidden beneath scraps of shingle, lumber and drywall?

They dug into the paperwork and learned a waste disposal company had picked up the dumpster a week later, on December 14th. The contents eventually ended up at the Cedar Valley Landfill in the small town of Fairfield.

West Valley police descended on the landfill with a team of cadaver dogs. They’d identified where the waste from December had been dumped. It covered an area about as wide as a football field and as long as two and a half football fields placed end-to-end.

The junk pile was about 10 feet deep. Searching that volume of material, layer by decomposing layer, would take forever. It was just the kind of task where cadaver dogs could prove their worth.

Paulette Bennett: People have like five million scent receptors in their nose. Dogs have about 250 million scent receptors. So it isn’t even just that they can find this stuff, even buried or whatever, but they remember the scent that they are looking for.

Dave Cawley: That’s incredible.

Paulette Bennett: It is incredible.

Dave Cawley: American Search Dogs wasn’t involved in the Cedar Valley Landfill search. West Valley used its own people for that.

The dogs went over the huge pile of trash, alerting at one particular location. A track hoe rumbled over to the spot and began to dig. The police and dog handlers, wearing sweaty t-shirts, jeans and boots, all crowded around. The excavator unearthed a slimy, stinking mass of what might best be described as biological matter. Someone scooped it up with a shovel and put it onto a slab of plywood. Then, using a gloved hand, a detective poked into the mass. It turned out to be animal remains and excrement.

[Scene transition]

Dave Cawley: Susan’s dad Chuck Cox went for a drive with the West Valley police on March 18, 2010. A captain and lieutenant took him out to the Pony Express Trail, hoping to impress upon him just how difficult a task they faced in scouring hundreds of square miles of desert.

(Sound of tires on Pony Express Trail road)

Dave Cawley: They drove the dusty route from east to west, crossing wide basins full of salt and sage. Their roughly 170-mile trip from Faust, Utah to West Wendover, Nevada took more than four hours. They passed by Simpson Springs and Fish Springs, places Josh and Susan had visited. They drove through the Gold Hill ghost town, where detectives had two weeks earlier inspected a large number of abandoned mines.

Chuck Cox: It all made sense. It was, logically, what they were doing, but the part I don’t know about is what other leads — and it’s always bothered me —  what leads? Because we would get calls from people saying ‘I told the police this and they haven’t got back to me’ and it was a, a viable lead.

Dave Cawley: Chuck kept in close contact with the police.

Chuck Cox: Well, they were very cooperative and uh, accommodating to my wild ideas because, frankly, this happened in the middle of the night and uh, they really had no clue where to look.

Dave Cawley: In June of 2010, Chuck saw an online comment on a Salt Lake Tribune story about the case. A person using the screen name of “Lochkeeper” had reported seeing a silver-colored minivan parked by some ponds alongside I-15 south of Salt Lake City on the morning of Susan’s disappearance. The two ponds were on the west side of the freeway in the suburb of Draper. Detectives checked the ponds, but found nothing.

A few months later, in August, Chuck again provided police with the location of an urban pond in the city of West Jordan where he believed Josh might have disposed of Susan. There was no specific reason to think she might be there.

Chuck Cox: And so if I would get a feeling or somebody, no matter if it’s ridiculous, if it was a place that could be searched they were willing to go to search there.

Dave Cawley: West Valley assembled a dive team. They went out to the pond. Its water had the appearance of pea soup. The floor of the pond held a thick bed of silt. When stirred up, it made the water even more opaque. The dive team had to stand shoulder-to-shoulder and walk across each segment of the pond, feeling their way forward. They dredged up some garbage, but no sign of Susan.

Chuck was undeterred. He realized a surplus canal, an offshoot of the Jordan River, also flowed right near Susan’s work. Josh could’ve dumped Susan into the water or along the banks on his way out to the Pony Express Trail the night of his camping trip.

The canal crossed under Interstate 80 just south of Salt Lake City International Airport. Airport police allowed West Valley detectives into the secured perimeter of the airport with cadaver dogs in late September. They walked the dogs along the banks of the canal, all the way from the interstate to the spillway, where the water entered Great Salt Lake wetlands. The dogs showed interest at three locations, all on the south side of the airport.

A month later, in October, police put divers into the canal at each spot. The third location was right at the end of runway 34 L, at the very point where the canal curved around the southwestern tip of the airport grounds. The divers didn’t find anything suspicious there. But after leaving the water, they learned a large road sign, the kind you might see suspended over a freeway, was submerged nearby.

What if, they wondered, Susan’s body had been trapped, submerged, beneath that sign? Could that explain what the cadaver dogs had smelled? They’d have to dive again to find out. But West Valley City police records don’t indicate whether or not they ever did.

[Scene transition]

Dave Cawley: Paulette Bennett from American Search Dogs kept in touch with many of the people who’d been closest to Susan — friends like Kiirsi Helewell and Debbie Caldwell — as well as with the volunteers and self-described psychics who’d devoted themselves to finding her. Those friendships at last allowed Paulette to introduce her big, fluffy goldendoodle Murphy to an item carrying Susan’s scent. It was the pile of yarn Susan’d asked neighbor JoVanna Owings to help her untangle on December 6th, the last day she was seen alive.

Paulette Bennett: It wasn’t like a personal thing she’d worn where it was, her scent was the strongest, but it was something.

Dave Cawley: Paulette had become friends with many people involved in the search for Susan. She wasn’t alone.

Vickie King: But when you get more of a personal relationship with the families and friends, then you, you have a, a tendency to put even more time into these things.

Dave Cawley: That is Vickie King, another member of American Search Dogs. Vickie and Paulette both went on an outing to the West Desert in mid-October of 2010. They started by driving to Wendover and from there, headed south to pick up the Pony Express Trail. They rumbled eastward on the bumpy dirt road, past the tiny, isolated farming community of Callao, toward Fish Springs.

One of the people they’d befriended, a woman named Linda Osborne, was along for the ride. Linda had spent a lot of time studying Susan’s story. She’d already provided police with several tips. Linda didn’t consider herself a psychic, exactly, but felt “impressions.”

While on the drive across the desert with the American Search Dogs crew, she suggested places where they might stop and search. In one spot, they found some bones scattered across the ground. They gathered them up, to later turn over to the police. West Valley records show forensic anthropologists determined those bones were not human.

The desert environment was always hard on the dogs. Daytime heat dried out their sensitive noses. The dogs would become so focused on their work, they wouldn’t drink enough water. Rattlesnakes, black window spiders and tarantulas were a constant threat.

Tracking scent on the air also proved difficult. Breezes in the early morning and late evening tended to move scent around, which was good for the dogs. But when the air was hot and still in the middle of the day, scent climbed in a straight line.

In spite of this, the dogs showed interest in several possible campsites, places Josh might have been on his December overnighter.

Vickie King: We came across a couple of things that we said to ourselves “he’s been here. This is an area he’s been in.”

Dave Cawley: One of those spots sat just north of the Pony Express Trail, midway between the Dugway Geode Beds and Simpson Springs. All three of the dogs alerted there on a soft mound of earth. Then, they started to dig.

Vickie King: There was this, underground about six inches down, there is this tarp material.

Dave Cawley: Afraid of what they might find, the dog handlers called off their animals. They recorded the coordinates and reported them to West Valley police on the following day. Neither Vickie nor Paulette ever heard a word back from the police about their tip.

Paulette Bennett: I don’t know if anyone ever went back and checked on it. Our dogs all showed a lot of interest right there and they all noted it, but I don’t know if anyone ever really followed up to see if there was anything there.

Dave Cawley: In fact, they did. West Valley police records show the same officers who’d spent much of the prior year searching abandoned mines in the West Desert drove out to that spot on October 19th of 2010. But they didn’t find anything.

(Sound of shovel digging)

Dave Cawley: I even took a shovel out to that spot and poked around, but couldn’t find the buried plastic. Reflecting on the experience with me, Paulette couldn’t shake the sense they’d been looking in the wrong area.

Paulette Bennett: I don’t know. I always doubted that she was out there. Maybe if she was, it was for a short period of time. I don’t even know if he really went camping there. I don’t, never heard that there was any proof that he actually even really went there.

Dave Cawley: But he did. Remember, Detective Ellis Maxwell confirmed that by talking to the sheep herder who spotted Josh’s minivan on the Pony Express Trail on the day of Susan’s disappearance. Still, even Ellis doubts that Susan ended up somewhere near the trail.

Ellis Maxwell: I put a lot of weight that Susan did not go out to the West Desert with him. He did not take her out there. He took her somewhere else. And that’s the question. Where?

Dave Cawley: On the next episode of Cold…

Jennifer Graves: She’s your wife. For crying out loud! What happened?

Josh Powell: I don’t know what happened.

Cold season 1, episode 6: Josh in the Wind – Full episode transcript

Dave Cawley: Fumes pumped out of tailpipe of the idling cab. Dirty road slush coated the curbs outside of the West Valley City police headquarters. Josh Powell approached the taxi through the darkness. He opened the passenger door, slumped into the seat and told the driver to take him to Salt Lake City International Airport. It was about 10 p.m. on the night of Tuesday, December 8, 2009.

Josh had just been grilled for nearly four hours by Detective Ellis Maxwell about the disappearance of his wife Susan the day before.

Ellis Maxwell: He left his kids with uh, his mom and sister. When I reached out to them the following, well that evening and that following day, they didn’t know where he was. They hadn’t heard from him.

Dave Cawley: The ride to the airport didn’t take long. When the cab reached the terminal, Josh stepped out again into the sub-freezing cold. Roller wheels of suitcases clattered over the pebble-like pavement as airline passengers scurried through sliding doors to check their bags and board red-eye flights.

(Sound of airport exterior)

Dave Cawley: Josh didn’t have any luggage. He wasn’t headed to an airplane. As the cab pulled away from the curb, he walked over to the parking garage across from the terminals. He approached the Hertz rental car counter and pulled out a credit card. Josh left the airport in a silver Ford Focus. What he did next will probably never be known for sure. But he didn’t go home. Police were still there, serving a search warrant, and Josh knew it.

Ellis Maxwell: When I was in the interview they’d authored a search warrant for the house, a search warrant for the vehicle and then to put the tracker on his minivan. Y’know, there was enough evidence there and suspicion, right? Reasonable suspicion, that we could secure these just based on his lack of statements, his story, Susan not having any criminal history, no, no past of running off an abandoning her family, so you’ve got a lot of stuff like that can support the reasonable suspicion but you don’t have the probable cause to put the guy into jail. And that’s the challenge.

Dave Cawley: This is Cold, episode 6: Josh in the Wind. I’m Dave Cawley.

[Ad break]

Dave Cawley: On the morning of Wednesday, December 9th, 2009 — day three of the search for Susan — Detective Ellis Maxwell met two colleagues at Salt Lake City International Airport. They weren’t there to look for Josh’s rental car because at that point, they didn’t know he had it. It was coincidence that they were at the airport. They were going to the hangar where the Utah Department of Public Safety kept its helicopters.

(Sound of helicopter taking off)

Dave Cawley: The weather that day was perfect for flying: blue skies, with just a bit of high cloud. The chopper climbed in the brisk winter air, blades thrumming as it cruised south across the Salt Lake Valley. At the tip of the Oquirrh Mountains, the helicopter banked to the right and descended, dropping to follow Utah State Route 73 over Fivemile Pass.

From that point on, the detectives were skimming just 500 feet above the Pony Express Trail, where Josh claimed to have gone camping in the middle of a snowstorm two nights prior. Josh’d said his camp site was off to the side of the trail, about 20 miles from the end of the pavement.

Ellis Maxwell: He claimed he had a fire out there so I was hopeful I could find that black spot where he had this fire to corroborate his story and to get a general idea of where he was at because that West Desert is very vast.

Dave Cawley: The detectives could see tire tracks on the snowpacked trail. But none of them appeared to leave the road.

(Sound of helicopter hovering)

Dave Cawley: Rotor wash kicked up a fine mist of snow as the helicopter’s skids touched the ground at Simpson Springs, the one specific place Josh had mentioned visiting. The detectives checked the old Pony Express station building next to the trail. It was empty. They walked through the campsites, all of which were vacant. They even peeked into the pit toilets. Everything was as it should’ve been. No sign of Susan.

So the chopper lifted off again. They flew all the way out Fish Springs, another 35 miles distant. Still, no suspicious tracks, no signs of a recent campfire. But on the the return flight, they spotted something moving on the ground, just a few miles away from Simpson Springs.

Ellis Maxwell: But is what we found is this sheepherder and this sheep camp. … And we landed the helicopter and we approached the individual and he did corroborate that Josh was out there. Uh, we didn’t ask him any leading questions and he said that, y’know, he did see a, a blue minivan and occupied by a white male and he didn’t know if there, he couldn’t see that there was anybody else in there. And uh, so we did support and corroborate that he was out there.

Dave Cawley: Ellis had no reason to doubt it. Josh had actually made a point of mentioning the sheep during his interviews.

Josh Powell (from December 8, 2009 police interview recording): Had a bunch of sheep that we saw, apparently they were herding. The dog was herding them. Some kind of a big dog. Had to wait for those to get off the road, which was pretty cool.

Ellis Maxwell: He wanted me to know that he saw the sheepherder and these sheep interrupted his travel. Right? And he was kind of stuck on it for a minute. And I took that two ways. One, I took it like “ok, this guy’s got some ADHD issues or something.” Like, he gets stuck on something and he’s on it, right? Or, y’know, stepping outside of the box in that situation, it’s like wait, he wanted me to know that.

Dave Cawley: But why would Josh want to give away such a detail?

Ellis Maxwell: That’s his truth, right? He wanted us to verify that he was out there.

Dave Cawley: Meantime, back in West Valley, Ellis’ supervisors were taking stock of the case. They met with the Salt Lake County District Attorney’s Office and talked about what they’d seized from the house on Tuesday night. It became clear there were other pieces of possible evidence that’d been left behind, like most of everything that’d been in the back of Josh’s minivan when he returned from the Pony Express Trail on Monday. The police would have to go back to the house with a second warrant.

The D.A. also went to a judge and received permission to conduct an investigation. Basically, it meant prosecutors gained the power to issue subpoenas, which they used to go after Josh and Susan’s financial, medical and phone records. The court also swore the investigators to secrecy.

Ellis Maxwell: We moved to seal all of these affidavits and, and the subpoenas. Everything that we would collect was sealed under a court order.

Dave Cawley: Ellis told me there was a real risk Josh would find out what they were doing, what they knew, and take steps to cover his tracks. That risk only grew once the news media got wind of the story.

Jennifer Stagg (from December 9, 2009 KSL TV archive): West Valley City police say Josh’s parents called them for help when both he and Susan missed work on Monday. The children didn’t show up to daycare. Officers broke into the home, smashing in the front window…

Dave Cawley: The first reports about Susan’s disappearance appeared late Tuesday. The story gained real traction on Wednesday. West Valley police Captain Tom McLaughlan told reporters they had no suspects.

Nineveh Dinha (from December 11, 2009 KSL TV archive): Is he a suspect?

Tom McLaughlan (from December 11, 2009 KSL TV archive): No, he is not a suspect.

Nineveh Dinha (from December 11, 2009 KSL TV archive): Is he a person of interest?

Tom McLaughlan (from December 11, 2009 KSL TV archive): We have many people we are interested in.

Dave Cawley: But the secret warrant affidavits and subpoenas told a very different story. Josh was absolutely a suspect.

That afternoon, West Valley detectives returned to the Powell family home with their new search warrant. They streamed through the front door, shouting “police” and ordering anybody who might be inside to identify themselves. There was no need. The house was empty. They took Josh’s generator, gas can, humidifier, folding saw, circular saw, razor box cutter, two sleds, the tote of camping supplies and hand tools, the nitrile gloves — all the rest of the stuff that’d been in the minivan on Monday. They took more digital media, too — hard drives, a thumb drive, an SD card — as well as Susan’s checkbook.

But where was Josh while all of this was happening? He hadn’t talked to the police since late the night before. His sister, Jennifer Graves, wondered when he might arrive at her house to pick up his sons. He’d left them in her care when he went to meet with police on Tuesday morning, more than 24 hours before.

Jennifer Graves: And so I just continued to expect a phone call letting us know that he was coming or just him showing up. Honestly, I was dreading it. I really didn’t want him to come back and take the boys. I wanted the boys to stay here with us and, and felt like that was the safest place for them.

Dave Cawley: But Josh hadn’t gone to Jennifer’s house after leaving the police station and renting the car on Tuesday night.

Jennifer Graves: It was finally the next day that Josh said something about driving past our house at like 1:30 in the morning or something, and saying “well I didn’t want to bother you guys and, you know, and get you up.” And my light was on. I was not sleeping. And it would have been obvious because my room is on the front of the house. So if he’d actually really, in fact, driven by, he would’ve known.

Dave Cawley: Josh’s disappearing act concerned Ellis. He called Josh’s mom, Terrica, at about 4 on Wednesday afternoon to ask if she’d heard from him and she said no.

Ellis Maxwell: Eventually he establishes contact with Terrica and she calls me and I get his new phone number. I call him and he’s in Tremonton, Utah and it’s a fight with him over the phone to get him to come back to the police department.

Dave Cawley: Tremonton, Utah sits 80 miles north of West Valley City, right on the fastest route between West Valley and Josh’s dad’s house in South Hill, Washington. 

While in Tremonton, Josh activated a new cell phone. That was roughly 18 hours after leaving the airport with the rental car on Tuesday night. To this day, no one can say where he was or what he was doing during those 18 hours. Josh told Jennifer he’d driven laps around Salt Lake City, getting off and on the freeways at random. And in fact, Josh was still on the road when Ellis called him, telling him to come pick up his minivan.

Ellis Maxwell: He says he doesn’t trust me, I’m gonna arrest him and so I’ve got to go through this dog and pony show with him and convince him, “look I’m not going to arrest you, I’m not taking you to jail. If you didn’t do anything wrong, why do you have this guilty conscience? Get back here and get your van, otherwise I’m going to tow it.” … And I shared that with him because I know to this point that he doesn’t like to spend money on things that he doesn’t want to spend money on. He’ll spend money on acetylene torches and generators and, and stuff like, bipolar stuff, right? Bipolar purchasing but he was really upset we broke his window. He was more upset that we broke his window into his house than his wife missing.

Dave Cawley: Josh remained reluctant. Phone records would later show he drove past Susan’s work, just as if he were there to pick her up after her shift. Then, he drove past his own work, from which he’d been absent without leave for three straight days. Then, he went home. He called his dad and spent about an hour on the phone with him.

Steve Powell, like his oldest son, had dropped from view after Susan’s disappearance. Phone records showed he’d been in Washington that day. Then he’d called in sick for Tuesday and Wednesday.

Steve worked for Washington Correctional Industries, selling furniture built by inmates. He spent a lot of his time on the road, usually alone, and didn’t have any close friends in the organization. His phone records later revealed he did remain in Washington on those two days, but there was a gap of time during the same period of time Josh was missing with the rental car.

When Josh finished talking to his dad on Wednesday evening, he made his way over to West Valley police headquarters.

Ellis Maxwell: Eventually he does, he shows up, he gets his van on his time. I think it was at like 7 o’clock at night.

Dave Cawley: Mmhmm.

Ellis Maxwell: I was so upset ‘cause it was my daughter’s birthday, right? He would interrupt everybody else’s lives.

Dave Cawley: Ellis gave Josh the keys. Josh locked the minivan’s doors, then went back to his rental car. That’s when Ellis first found out about the Ford Focus.

Ellis Maxwell: And that’s when we learn. Y’know we, we get the plate off the rental car and we follow up with it and “ok, this is gonna be, this is gonna be our break, right?” Nah. And that’s this whole story, man. No breaks. Any time you think you might have something, nada.

Dave Cawley: More on the rental car in just a moment. First, Ellis asked if Josh would be willing to come in and take a CVSA test. That’s an acronym for computer voice stress analyzer, a kind of lie detector. Josh said he’d think about it. The next day, he told Ellis he’d do it. He would come in for the CVSA on Monday, December 14th, exactly one week after Susan’s disappearance.

[Scene transition]

Dave Cawley: Josh finally returned home Wednesday evening, only to find TV news crews camped out in his cul-de-sac.

Sandra Yi (from December 9, 2009 KSL TV archive): This afternoon, West Valley police served a search warrant at Susan Powell’s home because that was the last place anyone saw her.

Dave Cawley: He’d only had a few hours sleep since Sunday and was in no shape to face cameras, so he slipped over to the home of his neighbors, Tim and Crystal Peterson. It was an odd choice, because the Petersons were well aware of the troubles in Josh and Susan’s marriage. A few months earlier, Susan had asked Crystal in a Facebook message if Tim might be willing to speak with Josh about his faltering faith.

Kristen Sorensen (as Susan Powell from September 1, 2009 Facebook message to Crystal Peterson): I suggested if he did it through service then my husband would be more willing to listen.

Dave Cawley: She suggested Tim spend some guy time with Josh, helping him rebuild their deck or finish their basement.

Kristen Sorensen (as Susan Powell from September 1, 2009 Facebook message to Crystal Peterson): Everyone else at church has no clue how to interact with Josh and assume he hates the church and I guess it’s not that really, it’s just that it’s not convenient for him to attend it or be encouraging to me and the boys and obviously, very weak faith at the moment.

Dave Cawley: Susan had also confided in Tim. In an email, she’d said she was giving Josh until the end of the year to go back to church. He had until April to obtain a temple recommend. That’s a card that proves Latter-day Saints are following their church’s teachings.

So, it seemed surreal for Tim to find Josh in his living room that Wednesday evening in December.

Tim Peterson: And uh, y’know, he’s rubbing lotion on his hands because his hands are just wind-burnt. And uh, he’s talking about how he had to buy new shoes and “oh, you’re wearing the same shoes that I am.”

Dave Cawley: Josh complained about the missing carpet in his living room and the odd odor left behind from the blood-detecting chemicals. He wondered if the fumes would kill his pet parrot. He didn’t seem at all concerned about where Susan might be.

Tim Peterson: And he wasn’t asking any of those questions at all. He was just sitting there like a turd on my couch.

Dave Cawley: Josh asked Tim for a ride over to police headquarters, so he could pick up his minivan. As they sat in the cab of Tim’s truck, Tim asked Josh what he’d done with Susan. Josh didn’t answer.

Tim Peterson: I asked one more time and I asked about as plain as I possibly could and I said “damn it, Josh, you tell me, where the hell is Susan right now.” And he said “the police will find her.” And that’s when I said “I don’t like you no more. You are my enemy.”

[Scene transition]

Dave Cawley: Susan’s friends, too, were finding it hard to give Josh the benefit of the doubt. They knew too well how poorly he’d treated Susan. Here’s Amber Hardman, one of Susan’s closest work friends.

Amber Hardman: I’d even sit and we’d have conversations and trying to figure out ways she could leave. Like, she was so worried he would track her down no matter what she did. And that would be the first thing she said. “I can’t. No matter where I go, what I do, he will find me.” That was all she could think about. It was like she had no way out and I was like “he doesn’t know where we live. What if you came to our house and we found somewhere for you to go in another state? He would would not know.” She was like “no, he will figure it out. He will find me.”

Dave Cawley: Stories like those only underlined the sense urgency for police. Ellis was starting to grasp the enormity of the task ahead, as he considered an all-out search of the vast West Desert. That job started at sunrise on Thursday. More than 20 investigators rolled into Simpson Springs, bringing with them ATVs and four-wheel-drive trucks. They brought dogs. The department’s lumbering mobile command unit, a huge RV, even braved the icy Pony Express Trail road.

They fanned out from Simpson Springs, looking for the spot where Josh’d made camp on Sunday night. A few of them drove 30 miles farther down the Pony Express Trail to the Dugway Geode Beds. That’s a popular rockhounding site Josh, Susan and the boys had visited earlier in the year. That is where they found nothing.

[Scene transition]

Dave Cawley: Josh was getting a crash course in dealing with the media. Trucks and SUVs wrapped in TV station logos stalked the streets. KUTV reporter Chris Jones even ambushed Josh as he stopped by his sister Jennifer’s house in West Jordan on Thursday. In the video, Josh looked frazzled and sleep-deprived. He struggled to answer basic questions.

While Josh was avoiding the news cameras, Susan’s friends were doing their best to fill the void. Kiirsi Hellewell found herself thrust into the spotlight.

Kiirsi Hellewell: I mean, I was so surprised the first, the first day that someone knocked on my door and was sitting there with a camera. I was like “what in the world, who sent you here?” “Oh, well Susan’s neighbors said that you were a good one to talk to because you knew what was going on.” And that was the start of it.

Dave Cawley: People began to bombard Kiirsi as Susan’s story spread through the news. They called, texted and sent her messages on Facebook, hungry for information.

Kiirsi Hellewell: So yeah, somebody said to me within the first couple days “you guys need to have a candlelight vigil. It’s super important that you get the media involved and you plan events that they will come to to keep her name out there to get as many people looking for her as possible.” And I was completely clueless, I had no idea.

Dave Cawley: Kiirsi rose to the task, helping organize a vigil on Thursday night at West Valley City’s Centennial Park.

(Sound of crowd at vigil)

Kiirsi Hellewell: And I was like “ok, what do you do at a candlelight vigil? I’ve never been to one, I don’t know. I don’t know how to plan this.” And so we’d planned it and Josh showed up at it, but he didn’t talk to us. He didn’t talk to me. So I just caught a glimpse of him in the crowd and the kids. He kept them away from me.

Dave Cawley: Josh’s arrival caused the crowd to buzz like a plucked guitar string. JoVanna Owings, the last person besides Josh to have seen Susan alive, could sense it.

JoVanna Owings: The other people there weren’t as inclusive of him. Just because, I believe, by that point they were starting to suspect that he knew more than he was saying about Susan’s disappearance.

Dave Cawley: Dax Guzman, a neighbor who Josh’d hired to help rebuild his deck, sensed it as well.

Dax Guzman: The way people were looking at him, y’know, people knew. Y’know, just because you can’t prove something doesn’t mean you don’t know it.

Dave Cawley: Josh’s brother Michael was with him, having apparently come down from Washington. Debbie Caldwell, the daycare provider who’d first sounded the alarm about the family’s disappearance on Monday, noticed neither Josh nor Michael had bothered to put gloves on Charlie or Braden’s hands.

Debbie Caldwell: When I was talking to Charlie and putting gloves on his hands and he seen me talking to Charlie and he hurried and ran over and scooped him up—

Kiirsi Hellewell: So he couldn’t talk to you and tell you anything.

Debbie Caldwell: —so he couldn’t talk to me and tell me anything. And, and he said, umm, “we’re not going to be coming, coming back to daycare because, uh y’know, with everything that’s going on.” And I said “well Josh, you have to work. Why would that make a difference?” And he says “well, my family’s going to have to take care of the boys.” It was very odd.

Dave Cawley: Reporters gave chase as Josh moved through the crowd.

Jennifer Stagg (from December 11, 2009 KSL TV archive): Can you just tell us anything at all?

Dave Cawley: They tried to ask him questions, but he mostly ignored them.

Jennifer Stagg (from December 11, 2009 KSL TV archive): Josh, you said that you had gone camping. Is that right?

Josh Powell (from December 11, 2009 KSL TV archive): (Sniffles)

Jennifer Stagg (from December 11, 2009 KSL TV archive): A lot of people just want to know, y’know, what you know about her disappearance. Can you tell us?

Josh Powell (from December 11, 2009 KSL TV archive): Umm, I think I’m gonna take off.

Dave Cawley: As the vigil wound down, Josh loaded his boys into their carseats. He groused about the news crews who were staking out his house, doing live reports from his front lawn. So Kiirsi suggested he bring the boys to her place instead. The Josh Powell who showed up at Kiirsi’s house that night wasn’t the man she knew. He wasn’t loud, opinionated or overbearing. Instead, he spoke in broken sentences, stumbling over his words. He made odd comments, like saying he expected to see Susan standing at a bus stop.

At one point, Charlie open his mouth and started to say “I hate my daddy because—” Mortified, Kiirsi cut him off. Then, she looked up at Josh. He stood red-faced behind his oldest son, but didn’t say a word.

[Scene transition]

Dave Cawley: The next morning, the GPS beacon Ellis had hidden on Josh’s minivan sent out an alert. It was moving, going west on Interstate 80.

Ellis Maxwell: I think everybody that was involved in the investigation up to that point was somewhat excited? I guess. I mean, ‘cause why’s he going out west? Why, why is he, umm, just out of the clear blue driving out west on I-80?

Dave Cawley: Detectives raced to their cars. Right away, Ellis noticed something odd.

Ellis Maxwell: He would clean himself.

Dave Cawley: (Laughs) He’s not talking about soap. This is counterespionage lingo.

Ellis Maxwell: He would be driving down I-80 and he would just take an exit. So he would get off say at Clive. Then he’d turn around and go back the other way, take the exit, get off, go around. I mean he would get on and off the freeway to see if someone was tailing him.

Dave Cawley: What Josh didn’t know is that West Valley police had called in help from the DEA, which put an airplane in the sky to watch him from above. The detectives kept their distance as Josh drove out past the last fringes of the city.

Ellis Maxwell: From there all the way out to Wendover, Nevada, it’s straight salt flats. There’s nothing out there. There are exits here and there but there’s really nothing to go visit.

Dave Cawley: Josh’s minivan cruised across the salt flats, past the famous Bonneville Speedway race course and into the casino town of West Wendover, Nevada.

(Sound of Wendover casino interior)

Dave Cawley: He drove to the far side of the casino town and parked outside of a Smith’s grocery store. It didn’t make sense… but maybe he was there to use a payphone or a burner cell phone the police didn’t know about. He stayed there for about 20 minutes, then returned to the freeway and headed back east.

(Sound of high-speed traffic on Interstate 80)

Dave Cawley: After about eastbound 30 miles, Josh took an exit at Clive. It’s a desolate spot, far from anywhere. The minivan rolled to a stop in a quarry on the north side of the interstate. Josh stayed there for the better part of two hours.

Ellis Maxwell: I think he personally did it to see if we were gonna follow him, if we had eyes on him. I think it was kind of one of his things to say “ok, let’s see what the cops do and if they are going to follow me.”

Dave Cawley: After Josh finally left, a detective managed to get a glimpse into the minivan. It appeared that Josh wasn’t alone, that maybe someone was with him, in the front passenger seat. The question was, who? It wasn’t clear.

The detectives monitored Josh’s movements as he drove all the way back to Salt Lake City and to the office of defense attorney Scott Williams. They broke off their tail and raced to the gravel pit.

Ellis Maxwell: That was a little exciting. As soon as he left, y’know, obviously we sent some guys over to kind of check it out. There was fresh snow on the ground so we could see where he’d walked and stuff like that. And, y’know, we searched that entire area. We used specialized dogs as well.

Dave Cawley: The dogs sniffed around but didn’t find anything. It’s worth noting, about two months later when the weather was warmer the police returned with 9 dogs. Four of them showed interest in a single spot within the Clive gravel pit. It was not a gravesite, but the investigators reasoned it might have been a place where someone had bled. Was that person Susan? They couldn’t say.

[Scene transition]

Dave Cawley: News coverage of the case continued to crescendo. The story went national. Tips flooded the West Valley City police department. Detectives learned about Josh’s spending spree: how he’d dropped hundreds of dollars on an acetylene torch the day before Thanksgiving. They heard from the nursery worker who’d advised Josh not to buy a roll of plastic tree wrap because it wouldn’t help him mend a broken branch. Both purchases were suspicious in retrospect.

As detectives were tailing Josh to and from Wendover on Friday, others chased down these new leads. They went to the airport with the license plate number for the Ford Focus Josh had rented, only to learn it’d been rented out again. The rental company’s paperwork though showed Josh had put 807 miles on the car. Cut that number in half and you have a radius of just over 400 miles. That was the absolute farthest Josh could have driven and come directly back from the parking garage at Salt Lake City International Airport.

If you take a map and draw a circle centered on the airport with that radius, it covers an area of more than half a million square miles. It’s nearly twice the size of the state of Texas. The circle stretched almost from Phoenix, Arizona to Helena, Montana, or from Denver, Colorado to Reno, Nevada. In other words, the area Josh could have visited during his missing 18 hours was immense. But police did have areas of particular focus.

Susan’s work friend Amber Hardman told detectives Josh’d once said he knew where to hide a body, were he ever to commit a murder. His solution was dump it in an abandoned mine. A pair of detectives started probing abandoned mines just nine days into the investigation. Their effort blossomed into an operation that spanned more than year and covered hundreds of sites. You’ll hear much more about those mine searches in the next episode.

[Scene transition]

Dave Cawley: JoVanna Owings spotted Josh at church on Sunday — exactly one week since she became the last person besides him to see Susan alive.

JoVanna Owings: And he had the boys with him.

Dave Cawley: JoVanna told Josh he ought to bring the boys back to daycare, to give them a sense of normalcy.

JoVanna Owings: He said he’d think about it. That’s all he said.

Dave Cawley: Their daycare provider, Debbie Caldwell, was a also member of Susan’s religion.

Debbie Caldwell: It was Sunday and I was at church and we had sung a hymn in church and I simply heard in my head “you will see her again.” But it was more of a spiritual prompting telling me this and I literally just broke down and just started sobbing and they had to go get my husband to bring, bring him in to me. And he’s like “so you know?” I, I knew that at that point in time that she was no longer here. She was a spirit.

Dave Cawley: Susan’s father Chuck Cox arrived in Utah. He met with the West Valley City police department on Sunday.

Keith McCord (from December 11, 2009 KSL TV archive): Jennifer Stagg spoke with him here at the KSL studios tonight. Jenn, how’s he holding up?

Jennifer Stagg (from December 11, 2009 KSL TV archive): Keith and Deanie, Charles Cox is frustrated and heartbroken over Susan’s disappearance. He flew into Salt Lake City tonight from his home in Washington to meet with police and all of Susan’s friends who are praying for her safe return.

Dave Cawley: Linda Bagley and Susan’s other work friends introduced themselves to Chuck at a gathering. They explained how they’d led detectives to Susan’s secret files.

Linda Bagley: Pulled him aside and we talked to him and let him know that we’d got this journal, that she’d had this journal and that uh, it did get to the police and everything. And he seemed to not know about the journal but, so he thanked us and everything but…

Dave Cawley: On Monday, Josh failed to show up for his lie detector appointment with Ellis.

Ellis Maxwell: He wasn’t gonna do it. Uh, his, his lawyer had told him, encouraged him not to.

Dave Cawley: West Valley police had eyes on Josh. Josh went to Debbie’s daycare and picked up all of Charlie and Braden’s things. He told Debbie they wouldn’t be coming back. The next day, Josh called Susan’s chiropractor and cancelled all of her future appointments. Then, he went back to West Valley police headquarters with his new defense attorney, Scott Williams.

[Scene transition]

Dave Cawley: Josh had no choice but to return because Ellis had a new warrant. This time, for his blood. While they set up for the blood draw, Williams told Ellis he wanted to make sure police weren’t spreading rumors about his client not being cooperative. Ellis asked Williams about having him take the lie detector test.

Ellis Maxwell (from December 15, 2009 police recording): Yeah, I’m sure I know what your answer is on that but—

Scott Williams (from December 15, 2009 police recording): Yeah, but you’ve got to ask.

Ellis Maxwell (from December 15, 2009 police recording): Absolutely.

Scott Williams (from December 15, 2009 police recording): So we’re still talking. We’ll, we’ll, we’ll meet and it’s an ongoing thing.

Dave Cawley: Josh never did take that test. But the recording of the blood draw was interesting in its own right. It showed that Josh was very, very tense.

David Greco (from December 15, 2009 police recording): You going to be ok? Because your veins are sucking up, like they’re, as soon as I touch them. Are you a little bit nervous?

Scott Williams (from December 15, 2009 police recording): Breathe.

David Greco (from December 15, 2009 police recording): You just need to breathe or relax, ok?

Scott Williams (from December 15, 2009 police recording): Just relax, man.

David Greco (from December 15, 2009 police recording): Just relax.

Scott Williams (from December 15, 2009 police recording): He’s just taking blood. Just like going to the blood bank.

David Greco (from December 15, 2009 police recording): Just relax, there you go.

Dave Cawley: Josh walked out of the police station yet again that day, a free man. The media attention continued to intensify.

Tonya Papanikolas (from December 16, 2009 KSL TV archive): After days of denying Josh Powell was a person of interest in the disappearance of his wife, police now say he is. Thanks for joining us…

Dave Cawley: Josh turned to his neighbors, Bernard and Betty Trujillo, who lived a couple of doors away in Sarah Circle. The Trujillos had once been Latter-day Saints, but had changed churches. Josh had at times confided in them about his own conflicted feelings regarding his church. Bernard and Betty’s daughter Wendy had given birth to a daughter around the same time Susan had Charlie.

Wendy Trujillo: And they were kind of close so we would both walk our kids in strollers through the neighborhood after and it was interesting because we seemed to go out near the same time to walk around so we’d pass each other with our strollers and she says “oh, hi.”

Dave Cawley: One night after Susan disappeared, Wendy heard Josh complaining that he hadn’t even had dinner the night before because of the media. She invited Josh and his brother Michael over for dinner with her family. As they ate, Josh thanked Wendy for not judging him, as he felt others in the neighborhood had.

Wendy Trujillo: But I had reminded him, I says “well, y’know there’s a verse in the bible that tells you not to judge.” And I says “‘cause you’re going to be judged by God when you go there and he’s the one that gets to judge you, not us. And he’s the one that’s going to decide what happens with you. He’s your judge.” And he just got this really, looked, swallowed really hard and was like, kind of nodded his head and looked down at the floor. And the whole room got silent and, and my, after he left my dad was like “what did you say to him?” … He was like “that was weird and he looked like something was wrong.”

Dave Cawley: At that moment, Wendy suspected Josh knew something.

[Scene transition]

Dave Cawley: Detectives kept busy. They finally got ahold of the rental car. They didn’t find any blood in it, but did see a brown Crayola crayon and a small silver handle, like from a toilet tank, in the trunk. They also spotted a quarter and a small, tan-colored rock beneath the trunk carpet, next to the spare tire. (Laughs) It was unlikely the crayon was a murder weapon, but the investigators took it and the rest as possible evidence.

They served subpoenas at Josh’s work, from which he’d just been fired, and at the Wells Fargo bank branch near Susan’s office. They found Susan’s safe deposit box. It was a goldmine. The box contained Susan’s handwritten will, in which she said if anything ever happened to her, Josh was probably responsible. It also held financial documents, $500 in U.S. Savings Bonds and the DVD Susan had made showing her assets.

Susan Cox Powell (from July 29, 2008 home video): Hope everything works out and we’re all happy and live happily ever after as much as that’s possible.

Dave Cawley: Susan’s divorce prep was proof of her fears. Ellis and the team kept talking to Susan’s coworkers, both past and present. Several shared stories about her recent bout of unexplained nausea. Coworker Amber Hardman said she’d told Susan to get a blood test. It’d been a month since Susan’s blood draw. The police went to the hospital lab, hoping they might still have her sample on hand. But, it had been discarded. Ellis needed a good sample of Susan’s DNA. The only other good place to get it was at the house.

[Scene transition]

Dave Cawley: So, West Valley police went back to the Sarah Circle house early on the afternoon of Thursday, December 17th with yet another warrant, the third for the house. Josh’s younger brother Michael answered the door and said Josh wasn’t home. Ellis said they were coming inside — he didn’t ask — and told Michael he was free to leave. Michael chose to stay. He was babysitting Charlie and Braden. He ushered the boys into a back bedroom, where they remained as the cops poured in, flanked by forensic specialists.

The house looked a lot different than it had 10 days earlier, when Ellis’d first walked through it. Clothing and trash were scattered about, as if the only person who’d been picking up the clutter was no longer around. The police went into the master bath and found Susan’s hairbrush and toothbrush, both items likely to hold her DNA.

A pile of papers and unopened mail sat on the bed in the master bedroom. One of the detectives noticed a Comcast phone bill in Josh’s name at the top of the stack. This was an unexpected break, an opportunity to see who Josh had been speaking with, without having to pry it out of the phone company.

In spite of having been through the house with warrants twice before, they continued to find computers, hard drives and memory cards. They took two laptops from the bedroom and even found Josh’s new cell phone, the one he’d activated in Tremonton.

They found the acetylene torch Josh had bought the day before Thanksgiving on a cart in the garage. They took it. They also took attachments for the Rug Doctor that were tucked away in the basement. They’d apparently been missed during the earlier searches.

The working theory at that point was Josh had somehow poisoned Susan. It would explain her mysterious illness, as well as her drowsiness after eating the pancakes Josh made her for lunch on Sunday, December 6th. Detectives went to the medicine cabinet in the kitchen pantry. It held six full shelves of dietary supplements. Susan was big on homeopathic remedies. She drank probiotic shakes and swallowed handfuls of vitamin capsules every day. The police pulled out papaya enzyme, cod liver oil, omega-3, calcium, magnesium, chlorophyll, vitamins A, C and D, echinacea, black walnut husk, colloidal silver, sage, yarrow, oregano and more. There was even a brown glass bottle with a handwritten label that read “anti-plague.”

But in the middle of all these supplements were two green plastic prescription bottles. One was labeled phenazopyradine and the other cyclobenzaprine. The first bottle was all but empty, with just three pills inside. On the other hand, the cyclobenzabrine bottle contained 32 white, round, 5 milligram tablets.

I reached out to Doctor Barbara Insley Crouch for information about these two drugs. She’s Executive Director of the Utah Poison Control Center. She said it’s hard to draw any conclusions just from knowing Susan had felt nauseous.

Barbara Insley Crouch: That’s a pretty common thing with any medication and you take more than you’re supposed to.

Dave Cawley: Earlier in 2009, both Josh and Susan had dealt with urinary tract infections. That’s where the phenazopyradine, also known as Pyridium, came from. An overdose of phenazopyradine could lead to some interesting symptoms, like red or orange-colored sweat.

The other drug, cyclobenzaprine, goes by the brand name Flexeril. It’s usually prescribed for back pain and is classified as a muscle relaxant. It doesn’t actually relax muscles, though. It’s more of a sedative, meant to get people off their feet. A doctor at Granger Medical Clinic in West Valley had prescribed the cyclobenzaprine to Josh after another driver crashed into the back of his minivan on September 2nd of 2009. Josh had complained of whiplash symptoms.

I asked Dr. Crouch if a large enough dose of cyclobenzaprine could kill a person.

Barbara Insley Crouch: It would require a whole heck of a lot or in combination with something else that depresses the central nervous system and then they sort of were left alone and not found. It’s potential that it could be lethal, I don’t want to say that it’s not a lethal medication.

Dave Cawley: Ultimately, Doctor Crouch said neither medication seemed a likely cause of a fatal overdose.

Barbara Insley Crouch: Most of these situations are not going to put somebody out and immediately cause a fatality. If they were found within a period of time, there’s reasonable care that can be provided to reverse the effects of those medications.

Dave Cawley: After that car crash in September, Josh’d used his neck and back pain to justify buying a massage chair. You might remember I made brief mention of that in episode 3. I didn’t tell you the whole story. What I’m about to explain, has never been reported before. Police didn’t know about it. This is brand new and I believe relevant information uncovered as part of my investigation.

Josh Powell told his auto insurance company, American Family, on the day of that crash that he’d been rear-ended on Bangerter Highway in West Valley City. He snapped some pictures of the damage, which was pretty minor. The tailgate on the minivan was dented, but that was about the worst of it. The airbags didn’t even deploy. He did not report the crash to law enforcement.

Josh went to the clinic, got that prescription for cyclobenzaprine and started seeing a chiropractor for his neck and back pain. For some reason, he didn’t use the same chiropractor Susan was already seeing. Josh billed all of this to his auto insurance, as a personal injury claim connected to the low-speed crash. As such, it didn’t end up on his health insurance, which West Valley police later reviewed.

More than three months went by. Susan disappeared Then, on December 17th of 2009 as police were puzzling over the prescription pill bottles in his house, Josh showed up at Meier and Marsh Professional Therapies in West Valley City. He complained again of pain from the crash. This time though, the pain was in his shoulder. An examination revealed Josh had a rotator cuff strain, possibly even a partial tear .

Doctor Peter Chalmers with University of Utah Health is an expert on shoulder injuries. In fact, it’s his speciality. He said it would have been very unusual to have a low-speed rear-end car crash cause a rotator cuff strain and for that pain not to present for three months.

Peter Chalmers: It’s really, really, really uncommon from that mechanism. In fact, when I see on my schedule a rotator cuff injury and the mechanism is a motor vehicle accident, my first thought is that the motor vehicle accident has caused some whiplash and maybe a pinched nerve in the neck that’s causing some shoulder pain that’s been mis-diagosed as a rotator cuff injury.

Dave Cawley: He said it’s far more likely for rotator cuff injuries in younger people — like Josh — to come from “major traumas.”

Peter Chalmers: And by major traumas I usually mean, y’know like “I crashed my helicopter” or, right “I fell off of a cornice skiing.” It’s less commonly with minor things because in younger individuals the tendon is quite strong.

Dave Cawley: So that raises the question: how did Josh injure his shoulder? Susan weighed about 130 pounds. Josh lived a very sedentary lifestyle and wasn’t in great shape. Might he have overexerted himself, perhaps attempting to lift or drag Susan’s body? And how would he have managed caring for his kids after the injury?

Peter Chalmers: Certainly with someone who has a 2-year-old, I mean that’s someone who wants to be picked up all the time and having a rotator cuff injury can make that really difficult. Because like getting into and out of the bath and getting into and out of the crib and getting into and out of a high chair, that kind of thing is really hard if you have a rotator cuff injury.

Dave Cawley: Josh can sometimes be seen carrying one of the boys with his left arm during the weeks following Susan’s disappearance. But he also left Charlie and Braden with family members, including his older sister Jennifer and younger brother Michael, for extended periods during that same stretch.

Unfortunately, there’s no way to know just how bad Josh’s shoulder injury was or if it was even properly diagnosed without more detailed records. I wanted to get those, but medical records are private and protected by federal law, even after a patient’s death. Susan’s dad Chuck Cox has legal authority over Josh’s estate through the trust that Josh and Susan formed in early 2009. His attorney, Anne Bremner, made a request for the records but was told they’d been destroyed after seven years, as allowed by Utah law. If anyone still has a copy, perhaps American Family Insurance kept one, for instance, I would love to see it. I imagine West Valley City police might as well.

On the same day as his visit to the physical therapist, Josh took the power of attorney he’d made Susan sign the prior February to her work. He demanded they transfer the entire balance of her retirement into his direct deposit account. Josh may have lost his wife, but he did not intend to lose her money.

[Scene transition]

Dave Cawley: Susan’s neighbor and friend Kiirsi Hellewell couldn’t shake a feeling of dread.

Kiirsi Hellewell: I was just, I don’t, I just felt nauseous all week. I couldn’t sleep. I couldn’t eat. I was just constantly eaten up with worry. We were picturing him having left her out in the wilderness somewhere to freeze to death because he didn’t want to kill her something.

Dave Cawley: She kept talking to reporters and funneling information to the West Valley police department, telling them to look at Josh. She also suspected Josh might not have acted alone.

Kiirsi Hellewell: Yeah, and a few days into it, my husband and I were just lying in bed and it was something like 12 or 1 or 2 in the morning and we were just lying there and neither of us had said anything for a long time and I didn’t even know if he was still awake and I was just lying there thinking “oh where is she? Where is she? What could have happened? We’ve got to find her. It’s so cold.” And my husband said out of the blue “what if it’s Josh’s dad? He’s been obsessed with her for so long. What if it’s Josh’s dad? What if he convinced Josh to take her and give her to him? And that would get her out of Josh’s hair and then he’d finally have the wish that he’d wanted for all of these years.”

Dave Cawley: Josh’s own sister Jennifer shared a similar fear. Susan had told Jennifer all about how Steve Powell had confessed his love for her back in 2003. Jennifer told the police her dad was a “slithering snake with a slick tongue” and could not be trusted. She also told Detective Ellis Maxwell she believed her brother was responsible for Susan’s disappearance.

Ellis Maxwell: For me it just kind of summed it up like “this guy’s definitely involved. He’s definitely responsible.”

Dave Cawley: As Ellis was serving the third search warrant at the house and Josh was draining Susan’s retirement, a pair of detectives were in Washington State. Gavin Cook and John LeFavor had gone there to speak with Josh and Susan’s families as well as their old friends. They were especially interested in talking to Steve. He agreed to meet with the detectives at the South Hill Library.

The detectives recorded their conversation.

Gavin Cook (from December 17, 2009 police interview recording): Basically why we’re here today Steve is to just get an idea of, of, umm, your thoughts, your uh, y’know, relationship with Josh and, and your knowledge of Josh and Susan’s relationship and just kind of build this puzzle—

Steve Powell (from December 17, 2009 police interview recording): Yeah.

Gavin Cook (from December 17, 2009 police interview recording): —and put it together just so we have information.

Dave Cawley: Steve described Josh and Susan’s early marriage struggles. He said he thought Susan was conflicted about her faith. He confessed his own falling away from their religion and claimed Susan being a Latter-day Saint led to her repressing her sexual desires. Steve said there were times he could sense a vibe from Susan, an almost electric current.

Detective Cook pressed for specifics. Steve made reference to 2002, when Josh and Susan were living in his home.

Steve Powell (from December 17, 2009 police interview recording): I mean she just seemed very happy to be around me you know among other things, umm, which always pleased me because I mean she’s the mother of my grandchildren, she’s umm, she’s, she’s a beautiful young lady, y’know. Umm—

Gavin Cook (from December 17, 2009 police interview recording): Did she make, ever make ever comments to you specifically or—

Steve Powell (from December 17, 2009 police interview recording): No, not at all.

Gavin Cook (from December 17, 2009 police interview recording): —was, physically did she touch you or y’know, y’know that way that goes along with those, uh, I mean the dynamics or, or vibes that you were getting?”

Steve Powell (from December 17, 2009 police interview recording): Umm, (pause) umm. Y’know, we actually, umm, well I’m not going to, that one’s a tough one to really talk about. I mean I really umm, umm, I don’t know, I think I’m going to pass on that question—

Gavin Cook (from December 17, 2009 police interview recording): Ok.

Steve Powell (from December 17, 2009 police interview recording): —if you don’t mind.

Dave Cawley: So Steve didn’t want to talk about it. But Detective LeFavor circled back a few minutes later.

John LeFavor (from December 17, 2009 police interview recording): There was some talk about a possible, some kind of relationship between you and Susan and so obviously we want, we want to talk about that and see if there’s a possibility whether she, well Gavin was kind of pushing on it, there’s a possibility that she may have left for another, another man that we don’t know about or that there’s a relationship between you and Susan that there’s some kind of possibility of her leaving Utah and coming up here to spend time with you—

Steve Powell (from December 17, 2009 police interview recording): Yeah I’d, I’d love that. Seriously, y’know John. Uh, I loved her dearly as a daughter. I loved her dearly as a woman. I mean she’s, she’s beautiful and yeah. She, she, I, I, I was conflicted about her too. I will admit that.

John LeFavor (from December 17, 2009 police interview recording): Uh huh.

Dave Cawley: Steve could help but admit his sexual desire for Susan, his missing daughter-in-law. Once that was in the open, he gushed. It was as if a dam had burst.

Steve Powell (from December 17, 2009 police interview recording): I was conflicted about her and, and it was because of all that stuff that started when she moved there, right? I had never had any interest in her. When she moved in with me, that’s when that kind of thing started. She started that whole thing with the, y’know, “feel my legs” and sitting there on the chair like that, y’know, with her, y’know what I mean? And it was a pretty constant barrage. I mean, pretty constant. Umm, and uh, and, and it continued and it, and it got, it peaked and that’s when, I’d rather not talk about that— 

John LeFavor (from December 17, 2009 police interview recording): Uh huh.

Steve Powell (from December 17, 2009 police interview recording): —but eventually after it peaked, umm, I, y’know I actually uh, I actually confessed to her that I loved her because they were planning on moving to Utah and I did not want her to go to Utah and I hoped that there was enough feeling there that she would stay and, and she got really upset at me. She would not talk to me for months. It was, it was a, it was the worst thing I ever did. It was so troubling. And after those three or four months or whatever it was, then finally when they, when they got ready to actually move, uh, out of state or whatever, I don’t remember all the details, then I went over there to help them move and she finally came out of her room and, and she really didn’t even talk much after that but she, she was at that point friendly but it was a, a, a, it was still obvious to me that the, that the electricity was there, you know what I’m saying? I mean I could see things she was doing. You know what I mean? It’s not like you can ignore things like that. I mean I’m a, I’m a, I’m a male. She’s a female. Y’know. And when she, one job she worked at, she used to introduce me to, they worked at a retirement home, she would introduce me as Josh’s brother of all things, so…

Gavin Cook (from December 17, 2009 police interview recording): Well, y’know—

John LeFavor (from December 17, 2009 police interview recording): (Laughs)

Gavin Cook (from December 17, 2009 police interview recording): —we’re all guys.

Steve Powell (from December 17, 2009 police interview recording): We’re all guys.

Gavin Cook (from December 17, 2009 police interview recording): We’re all guys here and, and, y’know, I think we can all understand—

Steve Powell (from December 17, 2009 police interview recording): Yeah.

Gavin Cook (from December 17, 2009 police interview recording): —exactly what you’re saying. We’ve probably all been in a similar situation so—

Steve Powell (from December 17, 2009 police interview recording): Yeah, yeah. Ok.

Dave Cawley: All of the chatter the police had heard about Steve from Susan’s friends suddenly came into sharp focus. Steve told the detectives Josh was unaware of the chemistry between himself and Susan.

Gavin Cook (from December 17, 2009 police interview recording): And again, I don’t mean to embarrass you but, uh, we’ve talked a little bit about the chemistry, the infamous confession—

Steve Powell (from December 17, 2009 police interview recording): Yeah.

Gavin Cook (from December 17, 2009 police interview recording): Was there any sexual contact or any sexual relationship between you and Susan? I’ll, I’m sorry to be blunt, but you know, what other way to ask.

Steve Powell (from December 17, 2009 police interview recording): We never had, we never had actual, y’know, like vaginal sex or anything like that. No.

Gavin Cook (from December 17, 2009 police interview recording): Ok. Any kissing or touching or—

Steve Powell (from December 17, 2009 police interview recording): Oh yeah.

Gavin Cook (from December 17, 2009 police interview recording): Ok.

Steve Powell (from December 17, 2009 police interview recording): There was some of that, yeah.

Gavin Cook (from December 17, 2009 police interview recording): What was that, I’m sorry. But—

Steve Powell (from December 17, 2009 police interview recording): Well, y’know, umm, y’know, one night she wanted me to, umm, umm, massage her feet and her legs and so on because she was, she’d kind of been standing up a lot that day and I, I, y’know I did it. And uh, y’know I of course moved her feet to my crotch so she could feel—

Gavin Cook (from December 17, 2009 police interview recording): Uh huh.

Steve Powell (from December 17, 2009 police interview recording): —y’know, what she was doing to me and that went on for about an hour.

Gavin Cook (from December 17, 2009 police interview recording): Ok.

Steve Powell (from December 17, 2009 police interview recording): So, that kind of touching and feeling. Umm, and then uh, then she asked me to do her back and I, and I sat behind her, umm, and rubbed myself against her for about an hour or two. That went on for about an hour.

Gavin Cook (from December 17, 2009 police interview recording): Ok.

Steve Powell (from December 17, 2009 police interview recording): She got up at one point and I, I don’t know what she was doing but uh, I also handled her, her breasts and so on. I went under her shirt and handled her breasts.

John LeFavor (from December 17, 2009 police interview recording): Was she, she’s not opposed to this, then?

Steve Powell (from December 17, 2009 police interview recording): Nuh uh.

John LeFavor (from December 17, 2009 police interview recording): Ok.

Dave Cawley: Steve said Susan did once ask him what he was doing putting his hands on her. He’d pulled away, but told the detectives he should have ignored her comment, since she hadn’t actually said the word “no.”

Gavin Cook (from December 17, 2009 police interview recording): During this back-and-forth did she reciprocate, did she touch you with her hands?

Steve Powell (from December 17, 2009 police interview recording): No, no—

Gavin Cook (from December 17, 2009 police interview recording): Ok. She just let you—

Steve Powell (from December 17, 2009 police interview recording): —no. She just let me enjoy her, y’know, curves, her curves and whatever. Y’know, that was about it.

Gavin Cook (from December 17, 2009 police interview recording): Ok. Did you guys kiss, or did you kiss her?

Steve Powell (from December 17, 2009 police interview recording): No.

Gavin Cook (from December 17, 2009 police interview recording): Ok.

Steve Powell (from December 17, 2009 police interview recording): No.

John LeFavor (from December 17, 2009 police interview recording): Was this was a single time?

Steve Powell (from December 17, 2009 police interview recording): That was, that kind, that was of the peak of our, that was a single time and uh, after that, that was some other things, umm, that were just tamer than that. Let’s put it this way, tamer than that. And a lot of it had to do with, y’know, my taking pictures of her. Clothed, clothed.

Gavin Cook (from December 17, 2009 police interview recording): Uh huh.

Dave Cawley: Steve told the detectives he’d encouraged Josh to move back to Washington after Susan disappeared 10 days earlier. He’d suggested Josh sell the Sarah Circle house. The detectives though were more interested in Steve’s house.

John LeFavor (from December 17, 2009 police interview recording): I think it would be irresponsible if we didn’t at least ask your permission to double check with you to make sure Susan isn’t with you, you know what I mean?

Steve Powell (from December 17, 2009 police interview recording): Umm, John, she is not with me—

John LeFavor (from December 17, 2009 police interview recording): Oh, I understand.

Steve Powell (from December 17, 2009 police interview recording): —y’know, and I think if you talk to my friends they know that I’m—

John LeFavor (from December 17, 2009 police interview recording): Right.

Steve Powell (from December 17, 2009 police interview recording): —practically despondent about—

John LeFavor (from December 17, 2009 police interview recording): Uh huh.

Steve Powell (from December 17, 2009 police interview recording): —her, her disappearance.

John LeFavor (from December 17, 2009 police interview recording): Right.

Steve Powell (from December 17, 2009 police interview recording): Worried sick. No she’s, I would love, John, I’d love, if she were with me, I would not do this to my son. If she were with me, uh, it wouldn’t happen. I would have said “she’s with me.” Y’know?

Dave Cawley: Steve’s word wasn’t going to do it. They wanted permission to take a look inside his home themselves.

John LeFavor (from December 17, 2009 police interview recording): We, we, we go to the house, we, we look, verify that she’s not there and that allows us to close this door—

Steve Powell (from December 17, 2009 police interview recording): Let’s go. Let’s just do that. That makes sense to me. I mean, I—

John LeFavor (from December 17, 2009 police interview recording): You’ve been great, very cooperative, very cooperative. I think that would be very beneficial to us and I think that, again I don’t want you to think that we think that’s what happened because I don’t, I don’t think that that’s the case. Ok? You need a minute?

Steve Powell (from December 17, 2009 police interview recording): (Sobbing)

John LeFavor (from December 17, 2009 police interview recording): Just, just so you understand…

Dave Cawley: In case you can’t tell, Steve is crying here.

Steve Powell (from December 17, 2009 police interview recording): I just don’t…

Gavin Cook (from December 17, 2009 police interview recording): No, you’re fine. You’re fine. This is emotional—

John LeFavor (from December 17, 2009 police interview recording): We don’t mean to stir up old feelings here. That’s not our intentions.

Steve Powell (from December 17, 2009 police interview recording): —‘cause I’m still wishing she was there.

Dave Cawley: Between sobs, Steve said he wished that Susan were at his house. He invited — practically urged — the detectives to go search. Cook and LeFavor were, it seemed, surprised by the candor.

Gavin Cook (from December 17, 2009 police interview recording): I just, I, I’m almost putting myself in your shoes. Umm, and I’ll be frank with you. Uh, you’re in love with Susan and I think you have been for awhile. And I think when you feel that way toward somebody, you would do anything to help them, no matter where they’re at or what might have happened to ‘em. I mean, you have feelings that are deep for her and I can feel that from you. Umm, and I, I can appreciate that. Umm, and those feelings, uh, might be able to help us. I mean—

Steve Powell (from December 17, 2009 police interview recording): Yeah, if they can help you, if there’s something I can do, I will help.

Dave Cawley: They had one last favor to ask: could Steve please ride over to the house with them, not in his own minivan. They didn’t want to give him a chance to call ahead, warning Susan or someone else from the family to get her out sight. But it didn’t matter. Susan wasn’t there.

On the next episode of Cold…

Amber Hardman: Josh was like “if it was me, have you ever been out to the West Desert? There’s mines everywhere. Nobody’s gonna find anything out there.”

Cold season 1, episode 5: 10 Minutes – Full episode transcript

Dave Cawley: Morning dawned on day two of the search for Susan Powell with more cold, icy weather over West Valley City, Utah. The storm that’d painted the western U.S. white with snow the day prior was still pushing on to the east, the back edge just clearing the Rocky Mountains.

Detective Ellis Maxwell hadn’t slept much. West Valley’s lead detective on the case had stayed up late the night before, following his frustrating first interview with Susan’s husband, Josh. Josh’d returned from an unexpected winter camping trip with this sons Charlie and Braden on Monday afternoon, claiming to have no idea where Susan’d gone.

At about 8 on Tuesday morning, Ellis called Josh. He wanted to confirm Josh planned to come in for a follow-up interview at 9 a.m. He also wanted to make sure the boys weren’t there, as they’d been on Monday night.

Ellis Maxwell: The kids were there and it made it very challenging because he used that opportunity to avoid answering questions. And they were also a distraction as well.

Dave Cawley: The phone rang and rang until it went to voicemail. Josh was dodging him. Not a promising start to the day. Next, Ellis called Josh’s sister, Jennifer. She said she hadn’t heard from her brother that morning.

Jennifer Graves: We were already on our way, but the weather was pretty bad and the roads were eh, pretty, pretty scary and we were moving pretty slow. And so there was no way were gonna make it by the time he needed to leave in order to be on time for that appointment either way. But we said we would be as quick as we could. And, and we would be happy to take the kids while he dealt with that appointment. And we were, y’know, I was happy, I don’t know how my mother was feeling. I’m sure she was not happy about the situation at all, in any way. But I was happy that he was going in; that he had that appointment. Because I felt like, “ok now, now they are gonna get to the bottom of it. They’re going to figure out what happened and maybe he’ll, he’ll come clean.” And no matter what’s happened — it’s gonna be a crappy situation no matter what’s happened — but if he comes clean, than we can at least move forward.

Dave Cawley: This is Cold, Episode 5: Ten Minutes. I’ve Dave Cawley.

[Ad break]

Dave Cawley: Josh’d also got up early on that Tuesday morning. Neighbors saw his minivan backed into the driveway at 8 a.m. He’d opened all the doors and was busy cleaning out the interior. Dax Guzman, one of those neighbors, had heard Susan was missing. He dropped by to check on Josh.

Dax Guzman: I drove up, he was, he was getting in their van with the boys and I stopped by and I just parked behind him. He asked me if I wanted to go inside and I felt kind of weird about the whole situation and maybe it’s me being paranoid — but not anymore but — I didn’t go in. He asked me if I wanted to go into the house and I felt kind of weird about it. Still do, ‘cause that was the day after she disappeared and umm, yeah, that was, that was strange.

Dave Cawley: Now by that point, Josh was already overdue for his police interview. When his sister Jennifer arrived, she learned he’d had other priorities that morning.

Jennifer Graves: We got there and Josh wasn’t even kind of close to being ready. Just wandering around the, the house doing things. He, y’know, I kind of peeked out into the garage. He’d, he’d come out from the backyard into the garage with this big armful of, it looked like kind of wet rags and stuff, and umm, he came in. He, I mean he was doing lots of different, it looked like a lot of cleaning. And he put in a load of laundry. Like, “why are you doing that? Your wife is missing.” And y’know these aren’t the kind of things that people do when you are not guilty. 

Dave Cawley: Jennifer suspected Josh’d done something horrible. She felt if she could just get her brother out the door and to the police station, the nightmare of the previous 24 hours might end. Shards of glass from the window the police had smashed still glittered on the living room carpet. Josh asked her to vacuum them up, so the boys wouldn’t cut themselves.

Jennifer Graves: Y’now, he’s listing off a, y’know, dozen — and change the laundry — different things. He wants us to do all these things. And I don’t feel comfortable with this. I really don’t. But what am I supposed to say, you know? Like, agree with anything he says at the moment, (laughs) first of all. Finally, finally he gets through and finishes his shower and leaves. … And I just, I tell my mom, “I don’t like this situation. I don’t think we should be cleaning anything. I, I think that this isn’t right.” And so she called the police and asked them about it. And what are they supposed to say? “Don’t touch anything.” I mean they don’t know where we’re at with our loyalties, how much we’re going to be doing to help him and try to cover up problems and things that he’s done. They have no idea. So of course, they’re going to play it cool. And we didn’t find this out until, I can’t remember exactly how much longer that, before they show up, and my heart just sank. They show up at the door and I’m like, “I knew it. I knew we shouldn’t have been doing anything.” But what can you do?

Dave Cawley: Josh finally made it to the West Valley police headquarters just after noon, more than three hours late. A black knit cap sat on his head, tugged down low over his ears. He wore dirty white sneakers, denim pants, a t-shirt and a black leather jacket. At a quarter to 1, Josh and Ellis entered an interview room. Cameras were rolling. This is the actual recording.

Josh Powell (from December 8, 2009 police interview recording): Now on, on the way over here, I actually did call my attorneys and they said I should definitely have an attorney.

Ellis Maxwell (from December 8, 2009 police interview recording): What’s that?

Josh Powell (from December 8, 2009 police interview recording): I called my attorneys, which is Prepaid Legal—

Ellis Maxwell (from December 8, 2009 police interview recording): Ok.

Josh Powell (from December 8, 2009 police interview recording): —and they said that I should definitely have an attorney.

Josh Powell (from December 8, 2009 police interview recording): Dude, I didn’t read you your Miranda Rights, have I?

Josh Powell (from December 8, 2009 police interview recording): That’s what they said.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. Well, let me ask you this then, ok?

Josh Powell (from December 8, 2009 police interview recording): Ok.

Ellis Maxwell (from December 8, 2009 police interview recording): This is, do you feel like you’re under arrest?

Josh Powell (from December 8, 2009 police interview recording): (Sniffling) I, I don’t, I don’t know. I didn’t even think it was that, it didn’t even sink in yesterday but I don’t know where she’s at and she ain’t back yet.

Ellis Maxwell (from December 8, 2009 police interview recording): ‘Kay.

Dave Cawley: Josh’s behavior and body language were much different than they’d been on Monday night. He sniffled a lot. His voice wavered, as if he might break out in sobs at any moment. He kept looking at the backs of his hands, which were dry and wind-burned. Ellis’d taken pictures of Josh’s hands the night before, documenting a few small nicks in his skin. The scrutiny seemed to really spook Josh.

Ellis Maxwell (from December 8, 2009 police interview recording): What are you worried about? What are you concerned about?

Josh Powell (from December 8, 2009 police interview recording): You guy, y’know, have implied some things and so it concerns me.

Ellis Maxwell (from December 8, 2009 police interview recording): We’ve implied what?

Josh Powell (from December 8, 2009 police interview recording): Well, you’ve implied that my hands have some kind of defensive wounds on ‘em just because they’re all cut up and that’s just, that’s just the way they are.

Josh Powell (from December 8, 2009 police interview recording): So that shouldn’t be anything you need to worry about then. Right?

Dave Cawley: You can see pictures those of Josh’s hands at thecoldpodcast.com

Josh said he wanted to leave. Ellis wanted him to stay, but not if Josh planned to call a lawyer.

Ellis Maxwell: If they request a lawyer, you’re not gonna get the answers you want. You’re not going to get those direct answers. They’re going to consult their attorney or their attorney’s gonna tell ‘em not to answer. And they’re gonna, it’s just, there’s no, there’s no win when you get a defense attorney that’s gonna answer questions for a suspect.

Dave Cawley: They sparred for the better part of a half an hour, until Josh finally caved.

Josh Powell (from December 8, 2009 police interview recording): Yeah, go ahead and ask the questions.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok, you understand, you don’t have to be here, alright?

Josh Powell (from December 8, 2009 police interview recording): Ok.

Ellis Maxwell (from December 8, 2009 police interview recording): And you need to understand that. If you want to leave, you can leave at any time.

Josh Powell (from December 8, 2009 police interview recording): Alright.

Ellis Maxwell (from December 8, 2009 police interview recording): You’re not under arrest. I’m not detaining you, ok?

Josh Powell (from December 8, 2009 police interview recording): Ok.

Ellis Maxwell (from December 8, 2009 police interview recording): If you don’t want to be here, you can leave. If you don’t want to talk, you don’t have to talk—

Josh Powell (from December 8, 2009 police interview recording): Well I want to talk but—

Ellis Maxwell (from December 8, 2009 police interview recording): I’m just simply saying that I want to find your wife.

Josh Powell (from December 8, 2009 police interview recording): I just want to talk but I’m getting scared. (Sniffling)

Ellis Maxwell (from December 8, 2009 police interview recording): Well, I mean if you haven’t done nothing wrong Josh, if you didn’t do anything wrong there’s nothing to be scared about. Right?

Josh Powell (from December 8, 2009 police interview recording): Well I’m scared (sniffling) about the possibilities—

Ellis Maxwell (from December 8, 2009 police interview recording): ‘Kay.

Josh Powell (from December 8, 2009 police interview recording):  —of what’s happened.

Ellis Maxwell (from December 8, 2009 police interview recording): Well I’m, I’m worried about the possibilities of what happened too because I have no idea where she’s at and you don’t either. And that’s why I need your help.

Josh Powell (from December 8, 2009 police interview recording): Alright. Yeah, go ahead and ask the questions.

Dave Cawley: A subtle shift occurred in Josh’s demeanor. His posture relaxed. The sniffles disappeared. The tone of his voice flattened. Ellis settled in as well and started asking questions. He probed Josh and Susan’s background: when they married, why they came to Utah, their friends, their work histories, their finances, their daily routines.

Josh took long pauses before speaking, only to then offer one or two word answers. Ellis’d move on, then Josh would then suddenly interrupt with some insignificant detail. At one point, he even bragged about how little he could spend feeding his family.

Josh Powell (from December 8, 2009 police interview recording): It’s also cheaper sometimes because we go to DelTaco—

Ellis Maxwell (from December 8, 2009 police interview recording): Yeah.

Josh Powell (from December 8, 2009 police interview recording): —for Tuesday and we can eat our whole family for $5.

Ellis Maxwell (from December 8, 2009 police interview recording): Really? Wow.

Josh Powell (from December 8, 2009 police interview recording): $4.70.

Dave Cawley: Ellis tried to keep the conversation on track. He asked about the weekend leading up to Susan’s disappearance. Josh said on Saturday, they’d gone to Home Depot and Lowes with the boys for the free children’s activities. Susan usually didn’t attend those events because of her work schedule but had taken the morning off for a church breakfast and decided to come along. Around noon, she left in the family’s minivan, their only car, on her way to work. When she came back that evening, they had neighbor JoVanna Owings’ son watch their boys.

Ellis Maxwell (from December 8, 2009 police interview recording): Tell me everything you did that night. (Long pause) What you guys talked about, what you argued, you’re sitting here thinking, I know you’re thinking—

Josh Powell (from December 8, 2009 police interview recording): We didn’t, we didn’t uh, we didn’t, we weren’t arguing. We had a babysitter. I think her son Alex was babysitting and I can’t remember what, can’t remember what we were doing with the babysitter there.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. So you don’t remember what you guys did from 6 o’clock until you went to bed on Saturday night?

(Pause)

Josh Powell (from December 8, 2009 police interview recording): I just don’t remember what activity we were doing.

Dave Cawley: That’s very unlikely. They’d attended a company Christmas party for Josh’s work, Aspen Logistics. Ellis moved on, asking about Sunday. Josh told the same story he had the night before, with some subtle differences. He said Susan’d gone to church with the boys while he stayed home. Around noon, he went to the grocery store, then he came back and fixed lunch.

Josh Powell (from December 8, 2009 police interview recording): Umm, so I made an omelet and some kind of pancakes and I put cream cheese in ‘em. (Pause) I think that was all. Oh, and then she called JoVanna. Umm, (pause) anyway JoVanna came over.

Ellis Maxwell (from December 8, 2009 police interview recording): Mmhmm.

Josh Powell (from December 8, 2009 police interview recording): She had some pancakes, too.

Dave Cawley: Josh again described Susan getting sleepy and taking a nap, JoVanna going home, Susan waking up to eat hot dogs, and then Josh taking Charlie to go sledding.

Josh Powell (from December 8, 2009 police interview recording): I was talking to my son about s’mores. He was just super excited about cocoa and s’mores. (Laughs) “There’s snow, you gotta eat cocoa, it’s Christmas.” (Pause) Then we watched a movie. Well no, then we, umm, no she wanted the couch cleaned so I did the Rug Doctor. We try to do something each week, y’know. Umm, it’s too hard if it’s all wet and once and it dries slow. So we, (pause) umm, then we watched a movie. And I think that was probably Santa Claus 3.

Ellis Maxwell (from December 8, 2009 police interview recording): Mmhmm.

Josh Powell (from December 8, 2009 police interview recording): Umm, (long pause) then we, uh, finished up the movie and I talked to her about uh, about taking the boys to do s’mores and to try out the new generator, y’know.

Ellis Maxwell (from December 8, 2009 police interview recording): Mmhmm.

Josh Powell (from December 8, 2009 police interview recording): And she went to bed and I finished packing and loaded them up.

Dave Cawley: Ellis wanted to know, had Susan raised a stink about Josh leaving in the middle of the night on a Sunday, with a blizzard bearing down, with the boys, in their only car, when they both had to work the next morning?

Ellis Maxwell (from December 8, 2009 police interview recording): Did you make arrangements, uh, did you guys talk arrangements for her getting to work?

Josh Powell (from December 8, 2009 police interview recording): I was thinking it was going to be Sunday and I didn’t even think about work.

Ellis Maxwell (from December 8, 2009 police interview recording): And her?

Josh Powell (from December 8, 2009 police interview recording): I guess it didn’t cross her mind at the time.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. And then what time, what time did you say that she went to bed?

Josh Powell (from December 8, 2009 police interview recording): Probably 12:30ish.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. (Pause) Was there anything said before she went to bed? Any, did you guys talk about anything else before she went to sleep?

Josh Powell (from December 8, 2009 police interview recording): We just hugged and said goodnight. That’s about it.

Dave Cawley: Ellis asked Josh what he’d packed in the minivan. Josh said the generator, heater, humidifier, extra clothes, camping supplies and a bunch of other stuff.

Ellis Maxwell (from December 8, 2009 police interview recording): And what’s the bunch of this other stuff?

Josh Powell (from December 8, 2009 police interview recording): I don’t know, I mean—

Ellis Maxwell (from December 8, 2009 police interview recording): Oh c’mon Josh, you remember putting—

Josh Powell (from December 8, 2009 police interview recording): (Nervous laugh) There’s—

Ellis Maxwell (from December 8, 2009 police interview recording): —cream cheese in a pancake and you tell me you can’t remember what you put in your car?

Josh Powell (from December 8, 2009 police interview recording): I mean, that’s basically all the significant stuff.

Dave Cawley: Josh said he’d left the house with the boys sometime around 1:30 or 2 a.m., driving directly out to the Pony Express Trail. He had a full tank of gas and made no stops or detours.

Josh Powell (from December 8, 2009 police interview recording): But it was also snowing and so it, I was pretty focused on the road—

Ellis Maxwell (from December 8, 2009 police interview recording): Mmkay.

Josh Powell (from December 8, 2009 police interview recording): —looking for a turn-off. Like I say, I just found a trail and—

Ellis Maxwell (from December 8, 2009 police interview recording): Weren’t you concerned with the snow, knowing that there was a snow storm coming in?

Josh Powell (from December 8, 2009 police interview recording): Umm, yeah I was—

Ellis Maxwell (from December 8, 2009 police interview recording): In a minivan?

Josh Powell (from December 8, 2009 police interview recording): Actually, the minivan handles like a four-by-four.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok.

(Both chuckle)

Josh Powell (from December 8, 2009 police interview recording): Umm, yeah you can get on some serious off-roading with that minivan.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. So I mean, wasn’t that a concern with the storm coming in and it was already snowing?

Josh Powell (from December 8, 2009 police interview recording): It wasn’t already snowing when I left.

Ellis Maxwell (from December 8, 2009 police interview recording): No, it was snowing when you got out there.

Josh Powell (from December 8, 2009 police interview recording): It was, yeah. And so I was watching the road and I’m going “how thick is this gonna get?”

Ellis Maxwell (from December 8, 2009 police interview recording): Mmhmm.

Josh Powell (from December 8, 2009 police interview recording): And y’know “are we going to get stuck?” Then I thought, “well,” y’know, “what are the odds that it’ll be anything that will get us stuck out there?”

Ellis Maxwell (from December 8, 2009 police interview recording): Mmhmm.

Josh Powell (from December 8, 2009 police interview recording): Y’know and we have the generator and the heaters and so it’s like “well, we can risk it.”

Ellis Maxwell (from December 8, 2009 police interview recording): Yeah.

Josh Powell (from December 8, 2009 police interview recording): We’re already here, what the heck, y’know?

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. So about how far do you think you went west on the trail if you had to guess?

Josh Powell (from December 8, 2009 police interview recording): I don’t know, maybe 20 miles or who knows.

Ellis Maxwell (from December 8, 2009 police interview recording): Mmkay. So maybe 20 miles.

Dave Cawley: It was the same vague answer he’d given on Monday night. Josh had Ellis at a disadvantage here. The detective, he didn’t know the geography.

Ellis Maxwell (from December 8, 2009 police interview recording): Honestly, I’ve gotta be honest with you, I’ve never been out there. I need to make a trip—

Josh Powell (from December 8, 2009 police interview recording): I haven’t been out there too often. It’s a nasty road. But—

Ellis Maxwell (from December 8, 2009 police interview recording): So I don’t know if, ok. So I don’t know if there’s like any landmarks—

Josh Powell (from December 8, 2009 police interview recording): There’s not.

Ellis Maxwell (from December 8, 2009 police interview recording): If there’s campgrounds all along the road.

Josh Powell (from December 8, 2009 police interview recording): I don’t think so.

Dave Cawley: In fact, there’s only one formal campground along the old Pony Express route in Utah’s West Desert. It’s at Simpson Springs. Most of the land along the trail is public and open to primitive camping, meaning people can set up wherever they want, for free. That’s Josh’s kind of trip. And it’s exactly what he said he did. He claimed to have reached his campsite sometime around 4 a.m. on Monday.

Now, that timeline does work. I personally retraced the route he described by driving it myself in early December of 2017. You can read about that trip at thecoldpodcast.com.

Considering the time necessary to set up the generator, heaters and humidifier, Josh wouldn’t have made it to sleep until about 4:30 a.m. He told Ellis he’d come awake with the sunrise, even though the sun was obscured by the storm, at about 7 a.m. That would have been a very short night of sleep. After waking, Josh said he made a camp fire and roasted marshmallows. He and the boys kicked around their campsite for a couple of hours, then drove aimlessly along various dirt trails. Around noon he turned for home.

Ellis Maxwell (from December 8, 2009 police interview recording): So where’d you stop and wash the car at?

Josh Powell (from December 8, 2009 police interview recording): Just uh, just the first car wash I saw.

Ellis Maxwell (from December 8, 2009 police interview recording): Where’s that at?

Josh Powell (from December 8, 2009 police interview recording): In, I guess it’s in Lehi.

Ellis Maxwell (from December 8, 2009 police interview recording): What road were you on?

Josh Powell (from December 8, 2009 police interview recording): Couldn’t tell you. That one that comes through Lehi.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. What was the carwash like? What kind of a carwash was it?

Josh Powell (from December 8, 2009 police interview recording): Umm, well it was a self-serve.

Ellis Maxwell (from December 8, 2009 police interview recording): Self serve?

Josh Powell (from December 8, 2009 police interview recording): Yeah.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. What was the name of it?

Josh Powell (from December 8, 2009 police interview recording): I have no clue.

Ellis Maxwell (from December 8, 2009 police interview recording): How did you pay it, for the services?

Josh Powell (from December 8, 2009 police interview recording): With cash.

Ellis Maxwell (from December 8, 2009 police interview recording): ‘Kay. So when you say self-serve, is that umm, describe what it looks like.

Josh Powell (from December 8, 2009 police interview recording): Just garages that you can pull into and wash.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok.

Josh Powell (from December 8, 2009 police interview recording): You just get your pressure washer and—

Ellis Maxwell (from December 8, 2009 police interview recording): No attendant that’s there, no gas station? Ok.

Josh Powell (from December 8, 2009 police interview recording): No, there—

Ellis Maxwell (from December 8, 2009 police interview recording): How many bays are there?

Josh Powell (from December 8, 2009 police interview recording): I don’t even know. There’s, there’s a handful.

Ellis Maxwell (from December 8, 2009 police interview recording): What side of the road is it on?

Josh Powell (from December 8, 2009 police interview recording): North.

Dave Cawley: And on and on it went. I wanted to know if Josh might have made up this car wash, so I kept an eye out for it during my re-enactment trip. There are two car washes on the north side of Lehi’s Main Street between Redwood Road and I-15. One is attached to a gas station, so that wasn’t the right one. The other has four self-serve bays, just as Josh described.

Cell service was, and still is, spotty to non-existent in the West Desert. But I checked my phone at the car wash. It had full bars. Josh hadn’t bothered to turn on his phone while he was there.

Ellis Maxwell (from December 8, 2009 police interview recording): Did you have any voicemails on your phone from her? I’m sure she was probably concerned for—

Josh Powell (from December 8, 2009 police interview recording): Umm, y’know what—

Ellis Maxwell (from December 8, 2009 police interview recording): —you and the boys.

Josh Powell (from December 8, 2009 police interview recording): —I was making calls this morning and I didn’t realize, I guess my phone has been just bugging out, so—

Ellis Maxwell (from December 8, 2009 police interview recording): What do you mean?

Josh Powell (from December 8, 2009 police interview recording): Umm, (pause) it just cuts out and—

Ellis Maxwell (from December 8, 2009 police interview recording): Ok.

Josh Powell (from December 8, 2009 police interview recording): —and dies, y’know.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok, but that doesn’t stop your voicemail.

Dave Cawley: The interview was getting ridiculous. When Ellis asked Josh where officers ought to look for Susan, he suggested beauty supply stores. Then, he added something he’d not said on Monday night. He told Ellis Susan had been suicidal.

Ellis Maxwell (from December 8, 2009 police interview recording): How did that affect your guys’ relationship?

Josh Powell (from December 8, 2009 police interview recording): Umm, well, we started seeing a counselor. Oh and she was depressed that I wasn’t going to church.

Josh Powell (from December 8, 2009 police interview recording): Ok.

Josh Powell (from December 8, 2009 police interview recording): Umm, so, umm, things been going good, y’know?

Dave Cawley: I should point out here that in all of the materials of Susan’s I’ve read — her emails, her adult journal — I’ve not seen anything that would corroborate the claim she was suicidal.

Ellis decided it was time for a break. He’d been talking to Josh for nearly three hours. He stepped out of the room to check with the rest of his team. Another detective, Tony Martell, came in to keep Josh from leaving. The sniffles and sobs immediately returned.

Tony Martell (from December 8, 2009 police interview recording): Well tell me how you’re feeling right now. Just see if I can help you out. What’s going on?

Josh Powell (from December 8, 2009 police interview recording): (Sniffles) Umm…

Tony Martell (from December 8, 2009 police interview recording): I mean, let me help you out man, ok? Seriously.

Josh Powell (from December 8, 2009 police interview recording): (Sniffles) Umm, (pause) I’m honestly kind of confused and distracted and pretty worried.

Tony Martell (from December 8, 2009 police interview recording): What are you worried about?

Josh Powell (from December 8, 2009 police interview recording): I just don’t think she would — it’s okay. (Josh waves off tissues) Umm, I’m just worried about what the possibilities are, y’know? And, umm, I’m not getting more encouraged over time.

Tony Martell (from December 8, 2009 police interview recording): Right.

Josh Powell (from December 8, 2009 police interview recording): (Sniffles) I mean there’s obviously a little bit of worry about y’know, what, y’know, what’s gonna to happen to me or my boys, y’know? But…

Tony Martell (from December 8, 2009 police interview recording): Right. What can I do to help you with that?

Josh Powell (from December 8, 2009 police interview recording): I, I don’t know.

Tony Martell (from December 8, 2009 police interview recording): Then that’s what I’m here for. I want to—

Josh Powell (from December 8, 2009 police interview recording): Just have to take it one, one day at a time.

Tony Martell (from December 8, 2009 police interview recording): Right.

Dave Cawley: Martell didn’t buy it. Here’s Ellis Maxwell.

Ellis Maxwell: Yeah, he was, he was taking advantage of, y’know, a new person being in the room. He was, he was taking that opportunity to, yeah, literally put on an act, saying “oh, my wife.” Which was all nonsense. At the end of the day, is what he’s doing is trying to take advantage of the detective. What he didn’t know is the detective had already watched and had been monitoring, right, the entire time — I mean we’re not dumb — and uh, y’know, so it wasn’t going to go anywhere.

Dave Cawley: Josh kept up the emotion.

Josh Powell (from December 8, 2009 police interview recording): Are you a grief counselor or something?

Tony Martell (from December 8, 2009 police interview recording): No, I’m a detective for West Valley. I am. Y’know, it’s just uh, come in here to say hi while he’s on the phone so you’re not here by yourself wondering what’s going on.

Josh Powell (from December 8, 2009 police interview recording): Well I appreciate it ‘cause every time I sit in here by myself I just want to leave.

Tony Martell (from December 8, 2009 police interview recording): Yeah, I don’t want you to do that ‘cause we got to get, y’know, figure out what can help you, y’know?

Dave Cawley: When Ellis returned, Josh switched back to the blank, emotionless stare.

Ellis Maxwell (from December 8, 2009 police interview recording): I need you to tell me what you think has happened to her.

Josh Powell (from December 8, 2009 police interview recording): I don’t think she would leave on her own.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok, that’s a start. You don’t think she would leave on her own. What do you, what do you think has happened?

Josh Powell (from December 8, 2009 police interview recording): I just don’t know. I mean, y’know, you can sit and speculate but I don’t have any clue.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. What do you think I’m speculating?

Josh Powell (from December 8, 2009 police interview recording): I don’t know.

Ellis Maxwell (from December 8, 2009 police interview recording): Well something must have crossed your mind for you to say that to me.

Josh Powell (from December 8, 2009 police interview recording): Well, you guys, y’know, I mean, it’s a fact, y’know? The closest people to a person is always the top suspects, so—

Ellis Maxwell (from December 8, 2009 police interview recording): Ok. They’re not suspects. I mean, you have to, I mean there has to be some type of involvement to be a suspect. I mean, uh maybe, I mean so it’s not always like that.

Dave Cawley: Josh clearly understood the cloud of suspicion that surrounded him and the risk he’d taken showing up at the police station. Ellis reassured him he was not under arrest. But at the same time, he needed to turn their conversation into an interrogation.

Ellis Maxwell: Obviously, I felt he was responsible. It’s very clear that he’s responsible. And the last thing I wanted to do is to get some information and then later be in court and it be all redacted because, y’know now I, I illegally obtained this information and I violated his civil rights.

Dave Cawley: He needed to ask why Josh had had Susan’s cell phone in the minivan and why its SIM card was missing.

Ellis Maxwell (from December 8, 2009 police interview recording): And we need to get this figureds out. I have other questions, I have a couple of other questions that I want to ask you, ok?

Josh Powell (from December 8, 2009 police interview recording): Ok.

Ellis Maxwell (from December 8, 2009 police interview recording): Umm, and in order for me to ask you these questions and then ask you to do something else, I have to read you your Miranda Rights. Ok?

Josh Powell (from December 8, 2009 police interview recording): Why?

Ellis Maxwell (from December 8, 2009 police interview recording): The reason why is because it’s a—

Josh Powell (from December 8, 2009 police interview recording): What, what does this mean “read me my—”

Ellis Maxwell (from December 8, 2009 police interview recording): —ok, let me explain to you.

Josh Powell (from December 8, 2009 police interview recording): I’m not sure what you’re getting at.

Ellis Maxwell (from December 8, 2009 police interview recording): Ok, let me explain to you.

Ellis Maxwell: That’s probably one of the most challenging things in police work and in investigative work is when you have a suspect or person of interest and you’re interviewing them and moving into an interrogation, you’ve got to read them their rights. Right? And you’ve gotta do that in a fashion that you want them to talk to you still.

Ellis Maxwell (from December 8, 2009 police interview recording): You’re not under arrest, you’re not going to jail. Ok?

Josh Powell (from December 8, 2009 police interview recording): ‘Kay.

Ellis Maxwell (from December 8, 2009 police interview recording): I’m not going to cuff you up. Like I said, again, you’re not under arrest. You came here on your free will, you can leave at any time. You already knew that, you still know that, right? Although I want to ask you more specific questions and umm, and I want to see if you say that you’re willing to help us out, then what do we need to do? We need to eliminate you as being a person of interest. There’s nobody else out there for me to go and talk to and to clarify. So I need to clarify your story. I need to verify your story—

Josh Powell (from December 8, 2009 police interview recording): I guess—

Ellis Maxwell (from December 8, 2009 police interview recording): —right?

Josh Powell (from December 8, 2009 police interview recording): I guess at that point then I need to—

Ellis Maxwell (from December 8, 2009 police interview recording): So I need to verify—

Josh Powell (from December 8, 2009 police interview recording): I probably need to consider—

Ellis Maxwell (from December 8, 2009 police interview recording): So I need to—

Josh Powell (from December 8, 2009 police interview recording): —a lawyer, y’know.

Ellis Maxwell (from December 8, 2009 police interview recording): And if that’s the case then that’s just going to prolong the, umm, well whatever. I, I’m, what I’m going to do is I’m going to read you your rights, ok?

Josh Powell (from December 8, 2009 police interview recording): Well I’ve told you everything that I know.

Dave Cawley: Josh would not crack. The time had come for Ellis to make a gambit.

Ellis Maxwell (from December 8, 2009 police interview recording): I’m going to read you your rights. Ok? We have your house. You’re not going to be able to go back to your house. ‘Kay?

Josh Powell (from December 8, 2009 police interview recording): What do you mean?

Ellis Maxwell (from December 8, 2009 police interview recording): Your house is ours for right now. We’re not going to let you back into that house.

Josh Powell (from December 8, 2009 police interview recording): Ok.

Ellis Maxwell (from December 8, 2009 police interview recording): Your car is ours. We’re not going to let you have your car. Ok? We need to find her, right? Isn’t that what your goal is? I’d hope that our goals are the same.

Ellis Maxwell: The look on his face was great and the feeling was wonderful for me and I was very hopeful that we would find something in his van or inside the home that would support that he was responsible.

Dave Cawley: Ellis read Josh his Miranda rights, not once but twice, and asked if he still wanted to talk. Josh wouldn’t give a straight answer.

Ellis Maxwell (from December 8, 2009 police interview recording): It’s yes or no.

Josh Powell (from December 8, 2009 police interview recording): I don’t know if I’m ready to do that.

Ellis Maxwell (from December 8, 2009 police interview recording): It’s yes or no.

Josh Powell (from December 8, 2009 police interview recording): (Unintelligible)

Ellis Maxwell (from December 8, 2009 police interview recording): It’s yes or no. Do you want to have a minute to think about it?

Josh Powell (from December 8, 2009 police interview recording): No, I was, y’know, I was already a little bit concerned.

Ellis Maxwell (from December 8, 2009 police interview recording): Well, I’m concerned about your wife not being around. So, let me step out for a second. I’ll come back and grab you. ‘Kay?

Josh Powell (from December 8, 2009 police interview recording): Grab me for what?

Ellis Maxwell (from December 8, 2009 police interview recording): Well if you don’t want to talk…

Josh Powell (from December 8, 2009 police interview recording): Then what?

Ellis Maxwell (from December 8, 2009 police interview recording): Then I guess you’re going to leave.

Josh Powell (from December 8, 2009 police interview recording): Ok.

Ellis Maxwell (from December 8, 2009 police interview recording): I mean, you could leave any time anyways.

Dave Cawley: Josh stood, a look of relief on his face.

Josh Powell (from December 8, 2009 police interview recording): I, yeah, I mean, let me think about it for a couple days and—

Ellis Maxwell (from December 8, 2009 police interview recording): (Chuckles) Your wife is missing, Josh—

Josh Powell (from December 8, 2009 police interview recording): Yeah but, I’ve already—

Ellis Maxwell (from December 8, 2009 police interview recording): —and you want to think about it for a couple of days?

Dave Cawley: Ellis left the room. Just as Josh was about to follow, Detective Martell appeared again. He coaxed Josh back into his seat. There were no sniffles this time.

Ellis Maxwell: When I go out, that’s when I learn that uh, y’know, we have the children and we’ve got them at the Children’s Justice Center and another detective had done a, a fabulous job doing a forensic interview, as best as she could.

Dave Cawley: Remember, Josh’d left Charlie and Braden with his mom and sister. In her brother’s absence, Jennifer had tried to prove to the police that her loyalty was to Susan and to the truth.

Jennifer Graves: So, I just told them. I tried, I tried to, y’know, off, off to the side where my mom couldn’t hear so much, y’know, I tried, I just, I told them, “hey look, this isn’t a good situation. I think that there’s something going on here, and I don’t know exactly, but I’m willing to help. Whatever you need. Whatever you need me to do, I’m wiling to help.”

Dave Cawley: The police asked Jennifer to take the boys to the South Valley Children’s Justice Center, so she did. Charlie was four going on five, so not the most reliable witness.

Ellis Maxwell: Y’know, you can’t put a lot of credit in the children’s sense of time at that age.

Dave Cawley: Still, he said enough. Charlie said mommy’d gone camping with them, but stayed in the place with the shiny rocks and pretty flowers. To Ellis, that sounded a lot like the West Desert.

Ellis Maxwell: So, it’s some information. Is it the information we need that’s going to get us what we want? No. But I, I take advantage of it and I go back in.

Dave Cawley: Josh was making a move for the door when Ellis reappeared.

Ellis Maxwell (from December 8, 2009 police interview recording): Well have a seat. You might want to sit down for this one.

Josh Powell (from December 8, 2009 police interview recording): Ok.

Ellis Maxwell (from December 8, 2009 police interview recording): Umm, I just spoke with some of — sorry, this chair’s screwed up — I just just spoke with some of our other detectives. Umm, and you’re gonna have to wait here with us. You’re not gonna go anywhere. Umm, one of our detectives just, uh, interviewed your children and uh, your children are telling our detectives that uh mom went with you guys last night and that she didn’t come back.

Josh Powell (from December 8, 2009 police interview recording): She did not go with us.

Ellis Maxwell (from December 8, 2009 police interview recording): ‘Kay. Well, with that, just getting that information, you’re not gonna go anywhere. I’m not gonna let you leave. I’m gonna detain you. You sit right here. If you want a lawyer and you want to talk or you want to change your mind and talk or take a CVSA test, umm, then we can do those things, but…

Tony Martell (from December 8, 2009 police interview recording): ‘Kay, now with that in mind—

Josh Powell (from December 8, 2009 police interview recording): They know that she didn’t go with us.

Dave Cawley: Ellis admitted to me that he’d entered dangerous territory here.

Ellis Maxwell: I told him he wasn’t going to leave and, y’know, maybe violated his rights for 10 seconds but it was frustrating. Y’know, I’d never in my career experienced, uh, an individual like that before.

Dave Cawley: Josh was literally and figuratively in a corner, under the withering stares of two detectives who obviously believed he was responsible for his wife’s disappearance. Suddenly, every assurance he’d received that he could leave whenever he wanted evaporated.

Tony Martell (from December 8, 2009 police interview recording): Let’s go back to the rights really quick, you’re not leaving either way. ‘Kay? So what I want to do is I want to have you answer some questions for us because you can’t leave either way. But what I want you to be aware of is that you have rights. ‘Kay? And it would probably be to your best interest to listen to these rights—

Josh Powell (from December 8, 2009 police interview recording): Well, ok—

Tony Martell (from December 8, 2009 police interview recording): —that he’s going to read to you.

Josh Powell (from December 8, 2009 police interview recording): —but I do want the lawyer. Because at this point, I definitely want a lawyer.

Tony Martell (from December 8, 2009 police interview recording): Ok.

Josh Powell (from December 8, 2009 police interview recording): So where is, where do I get the, in fact…

Dave Cawley: Ellis took Josh’s phone, then he and Detective Martell left the room. They were gone for three full minutes. During that time, Josh sat almost perfectly still, his ankles crossed, head high and fingers interlaced. He didn’t cry. He didn’t fidget. Ellis couldn’t believe it.

Ellis Maxwell: I don’t think I was frustrated to the point that I botched the interview. I’m not the greatest detective that’s out there by no means, however I think that I have a, a, a pretty good skill set and the ability to read individuals and get them to speak with me. Josh and uh, his type — these sociopaths — are an exception.

Dave Cawley: If Josh wasn’t going to talk, Ellis needed something else.

Ellis Maxwell: There has to be some sort of physical evidence or forensic evidence that’s going to support whatever criminal charges.

Dave Cawley: Short of that, he had to let Josh walk.

Ellis Maxwell (from December 8, 2009 police interview recording): So before I call, I just want to make sure. If I call an attorney, do you want to talk more—

Josh Powell (from December 8, 2009 police interview recording): Umm.

Ellis Maxwell (from December 8, 2009 police interview recording): —or no?

(Long pause)

Josh Powell (from December 8, 2009 police interview recording): Honestly, I’m already feeling sick. I’m, I wanted to go a long time ago and at this point I’m—

Ellis Maxwell (from December 8, 2009 police interview recording): Ok, if you want to leave, you can leave.

Josh Powell (from December 8, 2009 police interview recording): I can leave?

Ellis Maxwell (from December 8, 2009 police interview recording): Yeah, if you want to leave, you can leave.

Josh Powell (from December 8, 2009 police interview recording): Ok, now, and you’re keeping my phone?

Ellis Maxwell (from December 8, 2009 police interview recording): I’m going to keep your phone.

(Sound of door closing)

Dave Cawley: After nearly four hours, the interview ended.

[Scene transition]

Dave Cawley: Listening to the recording now, it’s hard to understand why Ellis let Josh leave. I asked him to explain his thinking in that moment.

Ellis Maxwell: Y’know, it’s all kind of circumstantial, right? You can’t tie it to a specific crime. You can’t say that Josh is responsible for her disappearance based off of any of that because we don’t have any witnesses, we have no confession and we have no body.

Dave Cawley: To use a chess analogy, he’d put Josh in check, one move away from game-over. But Josh kept moving his pieces just enough to stay out of check-mate. The police needed to trap Josh. The rest of the major crimes team had been at work drafting warrants while Josh and Ellis were talking.

Ellis Maxwell: Y’know, there was enough evidence there that, and, and suspicion, right, reasonable suspicion, that we could secure these just based off, y’know, of his lack of statements, his story, y’know, Susan not having any criminal history, no, no past of running off and abandoning her family. So you’ve got a lot of stuff like that can support the reasonable suspicion but you don’t have the probable cause to put the guy into jail.

Dave Cawley: Two detectives had also gone to Susan’s work that afternoon. Now, during both of Josh’s interviews with police, he mentioned a coworker of Susan’s named Linda. The two detectives who went to Wells Fargo Investments wanted to find Linda. But Linda Bagley wasn’t there. It was her day off.

Linda Bagley: Tuesday I had off and my other coworker sent me a message saying “have you seen Susan or talked to Susan?” And I said “no.’ And she says “she’s missing.”

Dave Cawley: Linda’s mind raced. She thought about all of their conversations, all of Susan’s frustration with her marriage and talk of divorce, how she’d said “if something ever happens to me, make sure they look at Josh.” Linda knew Susan kept a set of secret personal files in her desk drawer.

Linda Bagley: I told my coworker to make sure she gave this information file folder to the police because I wasn’t there. I’d seen it like in my drawer though a week or two beforehand and thought “oh yeah, I remember Susan told me about this folder” and uh, and then she disappeared, so…

Dave Cawley: The detectives recovered the documents including a journal, a typed description of a trip Susan had taken with Josh and the boys to Simpson Springs the prior May, notes about divorce attorneys and significant fights with Josh as well as copies of emails in which she described extreme unhappiness with the state of her marriage.

The detectives also checked in with the Wells Fargo security team. They confirmed Susan’s badge hadn’t been scanned since she left the building at the end of her shift the afternoon of Saturday, December 5th. Security cameras had recorded her walking out to the garage and driving away in the family’s minivan.

[Scene transition]

Dave Cawley: Back at the station, Detective David Greco finished writing a search warrant for the house and minivan. In it, he explained a need for police to seize property — including at least two computers officers had seen at the house on Monday. The warrant made clear they expected to find evidence of crimes, possibly including obstruction of justice, unlawful detention, kidnapping and murder.

Josh left the interrogation room at about 4:15 p.m. on Tuesday afternoon. While he was technically free to leave, he had no car and no phone with which to call for a ride. Ellis had assured him he could have the van back that night, once he finished searching it.

Ellis Maxwell: And we wanted him to stick around, I mean obviously. We want him to stick around and get back in his minivan and we want to see where he goes, right? Hopefully he returns to the location wherever he disposed of her.

Dave Cawley: But it was going to take some time. The judge didn’t sign the warrants until about 7 p.m. Ellis led the search of the minivan. First, he had a forensics expert scan the tailgate, cargo area and front seats for blood. He found nothing. A cadaver dog also sniffed the minivan but didn’t show any interest.

The inside of the van looked very different than it had the night before. All of the clutter was gone. The camping supplies, the tools, the generator and the rest had all been removed. Ellis found a camera, a flash drive and a white plastic trash bag sitting in the open. 

The garbage appeared to have come from the kitchen of the house. The bag held all the slimy refuse one might expect — banana peels, orange rinds and fast food wrappers. Of more interest were a pancake, a breakfast pastry, a used paper plate and an empty container of orange juice concentrate. Now, these were presumably from the lunch Josh had prepared on Sunday, just before Susan started feeling drowsy.

Ellis Maxwell: So clearly we took it. We analyzed everything out of there. It was a theory that he poisoned or sedated Susan. Y’know, whether if it was with prescription medication or whatever but we felt that he’d like put something in her food because he’d cooked her some food, y’know, that Sunday.

Dave Cawley: Tests on the garbage would later come back negative for any drugs. Still, it seemed odd for Josh to have placed the kitchen trash in the minivan.

Ellis Maxwell: Both of his garbage cans outside of the residence were empty so he could have easily thrown that garbage sack in the garbage cans at his residence but he chose not to. He chose to put it in his van and he was going to dispose of it elsewhere. I don’t think expected us to take custody of his van.

Dave Cawley: Ellis found something else in the van, too — another trash bag, hidden behind the driver seat.

Ellis Maxwell: In the floorboard there’s a storage space and when you open that, there was another garbage sack and it contains several pieces of heavily burnt drywall, sheetrock, whatever you want to call it. And if you put it all together, you can see that — ‘cause it was broken, so it’s in several pieces — you can see that umm, he had sheetrock piled. So he had a few pieces on top and then he put it, some sort of an object on there and destroyed it with some heavy heat.

Dave Cawley: Ellis couldn’t make sense of the burned object. Whatever it’d been, it was beyond recognition.

Ellis Maxwell: He did have an acetylene torch in the garage so it’s very likely that he used that torch to destroy whatever this item was. And this item was also in there as well but it was just like a, just a black hard, almost like a rock the size of your palm. And, y’know, there was a couple of wires as well.

Dave Cawley: West Valley eventually sent the item to a special FBI lab, but tests were inconclusive. They showed it was largely steel, which would seem to rule out small electronics, like a cell phone, GPS unit or hard drive. To this day, Ellis can’t say what that object was.

Meanwhile, at the house, a team of seven detectives paid special attention to the area where the two fans had been pointed in the living room.  They wanted to know if Josh had used his Rug Doctor to clean blood from the couch or carpet. Forensic specialists applied a product called Blue Star on and around the couch. Blue Star can help reveal the presence of blood by reacting with hemoglobin, the iron-rich protein in blood that carries oxygen throughout the body. A series of small spots on the tile floor between the couch and the front door started to glow blue: a clear indication.

Ellis Maxwell: That’s not something that was obvious when you first entered the residence. It wasn’t a significant amount of blood.

Dave Cawley: These spots themselves were very small.

Ellis Maxwell: This blood is just tiny, like probably even smaller than the end of a ballpoint pen. And they just, they look like little droplets on the tile that’s adjacent to the carpet and the couch.

Dave Cawley: Ellis said it wasn’t as if someone had been shot or stabbed there.

Ellis Maxwell: This is how I interpreted it when I saw it. I would describe it as if you were to lean over to your left and cough or sneeze and you had some sort of blood, y’know, in your nasal cavity or in your throat or mouth, that’s what I would compare it to.

Dave Cawley: The forensic team swabbed each spot, collecting samples to be used for DNA analysis. It would later prove to be Susan’s blood. The Blue Star also revealed a small blood swipe mark on the upper headrest of the couch, about where your shoulder would be when sitting. Again, it wasn’t a lot of blood but it did turn out to be Susan’s.

Ellis Maxwell: Y’know, that’s our evidence. We have a heavily destroyed object that we can’t identify. We have a sack full of garbage that we can’t find any clues as to why he would want to dispose of it elsewhere other than his own garbage can and we have some minor, tiny blood droplets in the front room and a blood swipe, a small blood swipe on the couch and that’s it.

Dave Cawley: They tried Blue Star on the circular saw and plastic sled that had been in the minivan the night before. Neither reacted. The Scooby-Doo onesie and most of the blankets that had been in the van on Monday night sitting in a laundry basket in the master bedroom. They appeared to have been cleaned. In the bedroom closet, they found a letter to Susan from Josh’s dad, Steve.

Ken Fall (as Steve Powell from October 30, 2009 letter to Susan Cox Powell): Dear Susan, happy birthday. Sorry it’s so late. In the little sack is a necklace I though would look nice with a casual outfit. If you don’t like it, don’t make a special trip to return it, since it was not that expensive.

Dave Cawley: Susan had kept that necklace, reluctantly. In an email on November 10th, just shy of a month before she disappeared, she asked a coworker how she looked that day.

Kristen Sorensen (as Susan Powell from November 10, 2009 email): The necklace I’m unsure of, the wicked father in law mailed it to me.

Dave Cawley: Also in the closet, the detectives spied a small notebook in Susan’s handwriting. It contained 26 pages written in one sitting — it was the letter Susan had written to Josh a year earlier while praying for guidance about her marriage at a temple. It seemed damning from the very first page.

Kristen Sorensen (as Susan Powell from November, 2008 letter to Josh Powell): I am not threatening divorce, but what you ask of me is too great to bear. You must understand that my religion is a part of me. You can’t ask me to pick and choose only certain parts of it to live and expect me to be happy.

Dave Cawley: Detectives grabbed Susan’s purse from the bedroom dresser. In it, they found her driver license, her checkbook, her credit and debit cards, various store cards and receipts, a temple recommend for The Church of Jesus Christ of Latter-day Saints, photos and a pocket calendar. Several events were marked on the calendar for the days that week. They included a potluck dinner, a church choir practice and a concert Susan’d planned to attend with Josh’s sister, Jennifer.

She’d even made elaborate plans to overdress for her work’s black-tie Christmas party on December 10th. It was supposed to be a big joke, because she and a coworker had gotten into trouble for showing up in jeans the year prior. She wrote this about it in an email.

Kristen Sorensen (as Susan Powell from December 4, 2009 email): So I’m wearing an old formal this year. It’s maroon velvet rose pattern on black. … I’m trying to get a hold of a child’s dress-up crown and I’ll do my hair in an up-do to continue the overstatement. Dark, smoky eyes and any other big, shiny jewelry I can get my hands on. I’m way excited.

Dave Cawley: These were not the plans of a woman who intended to disappear.

The detectives took the Rug Doctor and the bag from the Kirby vacuum cleaner, both of which were still sitting in the master bedroom. From the living room, they took the entire couch, a white yarn blanket and they even cut up a big patch of the carpet. In the laundry room, they retrieved eight clean washcloths, which the day before had been soggy, sitting wet in the bathtub.

In the garage, they found some but not all of what had been in the minivan on Monday night: two blue tarps, one of them muddy, the shovel, the broom and the rake. Inexplicably, they left behind much more, including the generator, gas can, sleds, camping supplies and hand tools.

They took five computers out of the house, along with seven hard drives or thumb drives. They didn’t realize it then, but Josh’s digital devices would eventually become a key part of the story. Remember, Ellis even wrapped their second interview by taking Josh’s cell phone.

Tony Martell (from December 8, 2009 police interview recording): Don’t come out.

Josh Powell (from December 8, 2009 police interview recording): I thought you said you were going to give me the phone.

Ellis Maxwell (from December 8, 2009 police interview recording): Mmm, I don’t know.

Tony Martell (from December 8, 2009 police interview recording): I think, I think what we’ll do is—

Ellis Maxwell (from December 8, 2009 police interview recording): We’ll hang onto it.

Tony Martell (from December 8, 2009 police interview recording): —we’re gonna hang onto it for evidence at this point.

Ellis Maxwell (from December 8, 2009 police interview recording): Yeah.

Tony Martell (from December 8, 2009 police interview recording): ‘Kay?

Ellis Maxwell (from December 8, 2009 police interview recording): We’re going to keep it.

Tony Martell (from December 8, 2009 police interview recording): And it’s gonna be part of the case.

Dave Cawley: Investigators hoped to pull data from the phone’s SIM card, but Josh had anticipated the move. While sitting in the interrogation room, he had managed to surreptitiously slip the SIM card out of the phone before Ellis could take it.

Modern smartphones rely almost exclusively on internal storage or removable memory, like SD cards, to hold information. Older cell phones, like most of those available during the mid-2000s, came with little onboard data storage. Instead, they often saved stuff like contacts, text messages, call histories or cellular network tower information on their SIM cards.

In 2009, GPS functionality was just finding its way into smartphones. Budget phones like the one Josh owned didn’t include GPS receivers, meaning they couldn’t self-locate. Police could only determine cell phone locations if they knew which towers a particular device had contacted. Josh understood all of this. By removing his SIM card, he effectively tried to block the police from seeing where he’d been or whom he had called.

Detective Darrell Dain immediately sent a letter to T-Mobile, Josh’s cell phone provider, asking them to preserve records as evidence of a possible crime. That crime, according to the letter, was aggravated murder. The records did confirm Josh’s claim that he had called his father at about a quarter after noon on Sunday. After that, his handset went dark. It didn’t connect to any towers until just after 3 p.m. on Monday, when JoVanna’s son Alex called him.

Ellis Maxwell: It’s interesting because he takes that phone call for whatever reason — I don’t know if he accidentally answered it, maybe it doesn’t have JoVanna’s number — I, I don’t, I don’t know. I don’t know why he answered but he answered it and he’s in West Valley.

Dave Cawley: Think about that. Josh was in West Valley at 3 p.m., just a few blocks north of home near the city’s family fitness center. But he told JoVanna that he was down south, just off the Pony Express Trail. After speaking with JoVanna and learning police were waiting at the house Josh turned around and left West Valley. A half-hour later, he dialed his voicemail and retrieved his messages. Two minutes after that, he called Susan’s phone, the one that was right next to him in the van’s center console.

Josh Powell (from December 7, 2009 Susan Powell voicemail recording): Hello Susan, we are on our way back and umm, anyway I can’t believe that somehow my brain missed a day. I thought today was Sunday. Umm, that was really, really stupid but umm, anyway. Hopefully you got to work ok and umm, of course, give me a call or I guess we’re planning on picking you up but let me know ‘cause, umm, if you have plans after work or whatever. So, anyway we ran into every conceivable problem and anyway it was kind of a nightmare but oh well, I mean, there was some fun aspects. Alright, I’ll talk to you later, okay, bye.

Dave Cawley: Both of those outgoing calls went through cell towers near Point of the Mountain. That’s about 20 miles south of West Valley City. Now, Point of the Mountain is back in the direction Josh said he had come after leaving the Pony Express Trail. He’d intentionally gone out of his way to backtrack before leaving that message on Susan’s voicemail. To Ellis, that’s a clear that sign that Josh realized he’d made a mistake.

Ellis Maxwell: ‘Cause he did slip up there, right? Y’know those, those, that voicemail, checking it and making the phone calls should’ve been done when he passed through that area. But his phone was off. His phone was off so that we couldn’t track him. We couldn’t ping his phone, we couldn’t see where his location was.

Dave Cawley: Josh’s sister Jennifer believes he was attempting to build an alibi.

Jennifer Graves: He’s attempting to paint a picture, but the picture is turning out really badly.

Dave Cawley: Ellis told me he believes JoVanna’s son had unwittingly ruined Josh’s plan. Next, Josh drove north, past West Valley to Salt Lake City. The phone records show he went to Susan’s work, where he left her another voicemail.

Josh Powell (from December 7, 2009 Susan Powell voicemail recording): Hello, I’m out here so I’m—

Charlie Powell (from December 7, 2009 Susan Powell voicemail recording): Right now! Right now.

Josh Powell (from December 7, 2009 Susan Powell voicemail recording): —just waiting for you. So anyway I’m, umm, in front. ‘Kay, talk to you soon, bye.

Dave Cawley: In neither police interview did Josh described his movements quite that way. The cell tower records proved that Josh had lied.

Ellis Maxwell: When you look at those facts and you see his movements and his actions and his behavior, uh, he had a tentative plan and we foiled it. And because of his personality, he can’t deviate too far off of his plan, right? So he follows through with it because he has no option. No other options. He didn’t plan for a Plan B or a C.

Dave Cawley: Unfortunately, Ellis had no way of knowing that on the night of December 8th. Josh kept waiting in the lobby of the West Valley police station as the detectives performed their searches. A couple of patrol officers gave him a lift across the street to the Valley Fair Mall, so he could buy some dinner. Then, they drove him back. Jennifer waited as well.

Jennifer Graves: I thought that he was gonna come back that night after the uh, interview that he had with that, with the police on Tuesday morning. And so I just continued to expect a phone call letting us know that he was coming or just him showing up. Honestly, I was dreading it. I really didn’t want him to come back and take the boys. I wanted the boys to stay here with us and, and felt like that was the safest place for them. But time just drug on and it was kind of a nightmare of a, of an evening.

Dave Cawley: Josh didn’t have a cell phone anymore, but there was a phone in the lobby of the police station. He didn’t use it. Police staff reassured him, saying they’d release his minivan soon. Just wait a little bit longer. The judge had given police permission to hide a GPS tracking beacon on the minivan, which they did. Ellis had set a trap. He was hoping Josh would fall for the trap and, in a panic, lead him right to Susan.

Ellis Maxwell: Unfortunately we didn’t get that opportunity. Once again, he doesn’t cooperate, (chuckles) uh, which he never did.

Dave Cawley: Ellis walked into the lobby with Josh’s keys at about 9:40 p.m.

Ellis Maxwell: I go to release the vehicle and he’s gone and patrol officers don’t know where he left and went to. He didn’t say anything, he just up and left.

Dave Cawley: He’d missed Josh by only about 10 minutes. No one could say where Josh had gone. He was, as they say, in the wind.

On the next episode of Cold…

Nineveh Dinha (from December, 2009 news report): Is he a suspect?

Tom McLaughlan (from December, 2009 news report): No, he is not a suspect.

Nineveh Dinha (from December, 2009 news report): Is he person of interest?

Tom McLaughlan (from December, 2009 news report): We have many people we are interested in…