Cold season 1, episode 17: Cold Case – Full episode transcript

Dave Cawley: Journal of Steve Powell, 12:35 a.m., December 8, 2009. 14 hours following the first report of Susan Powell’s disappearance.

Ken Fall (as Steve Powell from December 8, 2009, journal entry): I am feeling sick, because it is possible that Susan is dead. Monday morning Jenny called from Josh’s and Susan’s house, to tell us that the day-care lady had called her when they did not show up with the kids. … The police came to their house, and this information made us extremely fearful that they might be inside, asphyxiated from carbon monoxide, or dead from some other cause.

It was a relief when the police reported that they were not in the house and their van was not in the garage. However the day wore on slowly with no word and with all of us wondering if they were abducted, or if they went on an outing and were killed or trapped in a car accident.

In the evening I went to the gym, and while there received a call that Josh had shown up with the boys, but not with Susan. When I was finally able to speak to him, at about 8:30, he said he saw her early Monday morning, at just after midnight. He was leaving “late” for an outing with the boys. In the various conversations I had with him Monday evening, between that time and nearly midnight, he said that he had bought a generator-heater of some kind so he could go on winter outings. When he told Susan, who he said was in bed asleep, that they were leaving, he says she said “whatever.”

He says he thought yesterday was Sunday. Hence he did not call work. And when he realized his error, he was out of cell phone range. That does not make sense to me, since when I spoke to him Sunday at midday he said Susan and the boys had gone to a stake conference that morning. He also mentioned that she was tired and took a nap that evening. Maybe she was already gone, and he told the boys she was just napping.

None of us were able to reach him on his cell phone all day and he attributes that to being in the backcountry. Susan’s cell phone was with him. He says he was using it to look up a number, and forgetfully put it in his pocket, and forgot to take it out, so it was with him all day until he showed up at around 6:00 p.m. The story is so implausible, and our conversation with Josh so unconvincing that I fear the worst.

I think Susan is dead and Josh spent the 20 hour lacuna disposing of her body far away. … In the last two weeks Josh bought an oxyacetylene welder and a Rug Doctor carpet cleaner. I had no clue why he might want a welder, but now I wonder if it was required for the process of mutilating or disintegrating her body.

Maybe he really did not do anything to her, and she will show up alive. Maybe that is why he is not concerned.

Dave Cawley: This is Cold, episode 17: Cold Case. I’m Dave Cawley. Right back after this.

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Dave Cawley: Two days after Josh murdered Charlie and Braden, his aunt and uncle, Maurice and Patti Leach, issued a written statement. It said Josh had represented himself with great restraint during the child custody proceedings. It said the murder-suicide was as a result of questionable practices of government agencies, by religious bias, by internet kangaroo courts and the news media. It said all of the above had circumvented the Powell family’s due process rights and that was a national tragedy.

Patti Leach was Steve Powell’s sister.

Andrew Adams (fromMay 16, 2013 KSL TV archive): If there’s anybody alive that has knowledge of what happened to Susan Powell, her family believes, it’s Steven Powell and he may perhaps be the best remaining lead in the investigation, despite the fact he’s not talking.

Dave Cawley: Not with police, anyway. While in prison, Steve exchanged letters with with his niece, Nicki Cardenas. At the end of July, 2012, Nicki sent him a copy of a CNN article about James Holmes, the Aurora, Colorado movie theater mass shooter. I mentioned in episode 15 that West Valley police detective Darrell Dain had adopted the phony persona of Shamus from the Department of Defense during a meeting with Steve around that same time. It turns out, Shamus planted a seed.

After Michael committed suicide in February of 2013, Steve became convinced this shadowy figure, Shamus, was responsible for both the Aurora shooting and Michael’s suicide. He supposed the Army, using Shamus, had delivered psychotropic drugs to both Holmes and Michael. Or maybe it was a chemical weapon, procured from the Army’s Deseret Chemical Depot in, of course, Utah.

Steve also wondered if Shamus had engineered the December, 2012 mass shooting at Sandy Hook Elementary in Newtown, Connecticut. They were all connected in Steve’s mind, part of a single, sprawling conspiracy.

[Scene transition]

Dave Cawley: Just days before Michael Powell’s suicide, Washington State Senator Pam Roach introduced Senate Bill 5162.

Pam Roach (from February 1, 2013 Washington Legislature recording): We do have a judge that did have material from West Valley police and chose to ignore it. We have a judge who did order a psychosexual evaluation, chose to make decisions without the results of that order.

Dave Cawley: SB 5162 wasn’t a very catchy name. Supporters called it Charlie and Braden’s Law. Steve Powell called it the Cox-Roach bill.

Pam Roach (from February 1, 2013 Washington Legislature recording): We had a fast track for reunification. DSHS, though they recommended to the judge that Josh, uh, Powell not have the kids, were none the less on a fast track for reunification. That’s what two days a week for two hours a, uh, a visit is.

Dave Cawley: Chuck and Judy Cox traveled to Olympia to speak in support of the bill.

Chuck Cox (from from February 1, 2013 Washington Legislature recording): Without this law, a surviving spouse is essentially able to achieve custody by murder. Or, as in this case, causing the disappearance of Charlie and Braden’s mother, then refusing to cooperate with police.

Dave Cawley: Put simply, the bill meant to prohibit parents suspected of murder from having access to their kids until the murder case was resolved. It would’ve cemented in law many of the suggestions made by the DSHS review board after Josh killed Charlie and Braden.

Judy Cox (from from February 1, 2013 Washington Legislature recording): DSHS and others like West Valley police, Pierce County police, umm, did not take it seriously. And so, because of that, we felt this was a big problem and why it was, in our opinion, treated lightly, that the boys would be ok.

Dave Cawley: Rick Bartholomew from the Washington State Bar Association said the bill was problematic.

Rick Bartholomew (from from February 1, 2013 Washington Legislature recording): Some investigations will take years, umm, and ultimately a person can be exonerated or at least the investigation doesn’t, uh, doesn’t prove anything.

Dave Cawley: The bill underwent changes to address those concerns and on March 12, 2013, the Washington State Senate voted 48 to 1 in favor, sending the bill to the house. Where it stalled, indefinitely. Charlie and Braden’s Law never actually became law. That is, at least not in Washington.

House clerk (from March 5, 2014 Utah Legislature recording): First substitute senate bill 173 having received 72 yes votes, 0 no votes, passes the House, will be signed by the speaker and returned to the Senate for the signature of the president.

Dave Cawley: The following year, in 2014, the Utah Legislature passed a similar bill. 

Craig Hall (from March 5, 2014 Utah Legislature recording): The bill has been changed dramatically in order to thread the needle between protecting parental rights and also protecting the rights of children in these very unusual and unique situations, and infrequent situations.

Dave Cawley: SB 173 changed Utah law, empowering the courts and child welfare workers to keep minor children away from a parent suspected of murder.

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Dave Cawley: Journal of Steve Powell, 5:35 a.m., December 8, 2009. 19 hours following the first report of Susan Powell’s disappearance.

Ken Fall (as Steve Powell from December 8, 2009, journal entry): Sunday night it snowed all night. So Josh headed out after midnight to “camp” with the boys. It was snowing like gangbusters by the time he got out a ways so, according to his story, he decided it was too late to return and so he kept going. Why? The whole thing sounds so wrong, even if it had nothing to do with disposing of Susan’s body. Why would anybody do that? And furthermore, why would anybody believe that someone would go out in that weather just for an outing?

Michael and Alina are very supportive of Josh and advised him to tighten up his story, as it sounds weak and unconvincing. Josh responded that the police may have already tapped his phone, which was the same as saying “be careful what you say.”

Michael commented … that he blamed his mother for this. He said “she is the reason I will probably never get married.” … So I guess Michael, like me, has learned to distrust the marriage principle. John seems to be a misogynist … And Josh has suffered through a mutually hateful marriage relationship since April 2001. Josh’s and Susan’s mutual disdain was evident from nearly the beginning of their relationship.

I am so tired, but can’t seem to sleep. I e-mailed in my request for sick leave a few minutes ago.

[Scene transition]

Dave Cawley: West Valley City police were fast approaching the end of the road. In early 2013, leads in the search for Susan were dwindling. Yet, public focus on the case remained high.

Ellis Maxwell: Yeah, there’s a lot of people in the country, in the world that wanted answers, from the media all the way down to the Cox family because, y’know, believe it or not, they didn’t know a whole lot more than anybody else.

Dave Cawley: As lead detective, Ellis Maxwell served as keeper of the case files. He’d organized reports, warrant affidavits, interview transcripts and everything else for more than three years.

Ellis Maxwell: Y’know, over the course of the investigation I’d managed the digital case file so, y’know I’d, I’d kind of prepared it as, as we were moving through so that we went into a trial it was all done and I could just hand it over to the attorneys.

Dave Cawley: With no chance of a criminal prosecution, West Valley faced a question: what do to with all those documents?

Ellis Maxwell: I don’t think the department could just stand back and go “no.” They’re gonna have to release, umm, some information and there’s a lot of information.

Dave Cawley: The city had received a large number of requests for copies of case files under GRAMA, Utah’s open records law.

Ellis Maxwell: It was decided to sit down and, and go through that entire file and redact it and, and then, y’know, it came down to “ok, do we just release it all or let the GRAMA requests come in” and the decision was made to just, uh, make a public release of it.

Dave Cawley: But the job of redacting all of those documents — blacking sensitive information like medical or financial data, names of potential witnesses, police operational plans — took a lot of time.

Ellis Maxwell: Y’know, we spent days in a, in a big conference room and uh, there was, gosh like eight or 10 of us, and they weren’t just detectives. There was a lot of attorneys in there and, y’know, it was basically myself, maybe a couple of detectives and the rest was legal going through and redacting all of that information. And uh, y’know, it was a daunting task to say the least. I mean, there’s thousands and thousands of documents and reports and, umm, yeah.

Dave Cawley: Before they could give any of those documents out, police also had to ask a judge to rescind the secrecy order that had surrounded the case since its inception.

Ellis Maxwell: The only reason it happened is because the case essentially came to an end. Like, there’s, there’s nobody that can be held accountable. This case is never gonna go into the justice system so now we’ve reached a point that there, we can’t, there’s no reason to retain that information and keep it closed.

Dave Cawley: Before taking that step, West Valley police wanted to finish one more search, this time in Scotts Mills, Oregon.

Andrew Adams (from May 20, 2013 KSL TV archive): Police say they remain committed to the case and finding closure for Susan’s family.

Mike Powell (from May 20, 2013 KSL TV archive): We can’t forget the Cox family, the effect that this has had on them.

Dave Cawley: Detectives had come across information about a piece of property in Scotts Mills where Josh’s aunt and uncle, Patti and Maurice Leach, had previously lived. They’d rented a house on 176 heavily wooded acres in the rural area north-east of Salem.

Ellis Maxwell: The information that we’d received is that it was possible that, y’know, because Josh traveled several hundred miles and if he was to relocate this body, it is probable that he could’ve made it to this area and disposed of her, buried her body there.

Dave Cawley: The mileage meant Josh couldn’t have made it to Scotts Mills in the rental car alone. In order for this theory to work, he’d have needed an assist from Michael or Steve.

Ellis Maxwell: There was a little bit of time, like a day maybe that we couldn’t really account for Steve. Not a whole day but maybe 12 hours or six hours or something like that and it kind of fell in line with this whole piece of property that was related to Steve’s family.

Dave Cawley: Josh and Susan had also visited the property once, together. After Susan disappeared and Josh moved to Washington, Maurice and Patti had invited Josh to come visit in order to get away from the media but Josh never took them up on the offer. West Valley police obtained a federal search warrant. They briefed the Marion County Sheriff’s Office and, on May 14th, 2013 arrived in Scotts Mills with a team of cadaver dogs.

Ellis Maxwell: There was a lot of digging and a lot of searching of this ground.

Dave Cawley: The dogs indicated the possible presence of decomposition at one location. Police spent an entire day raking and probing the ground, running the dogs over and over it. Ultimately, they didn’t find anything. No body, no evidence.

Andrew Adams (from May 16, 2013 KSL TV archive):  Today, police conceded they’re coming to the end of their list of leads. And they even acknowledged the possibility the Susan Powell case could even become a cold case.

Mike Powell (from May 16, 2013 KSL TV archive): Obviously Susan’s still missing so there are pieces that we don’t have. There’s information we don’t have.

Dave Cawley: Police did not reveal at the time that while those dogs were searching in Scotts Mills, a detective and FBI agent were in nearby Silverton, grilling Josh’s uncle Maurice Leach. Maurice’d agreed to take a lie detector test. An FBI polygrapher came down from Portland. During the interview, police records say Maurice told the agent he believed Charlie and Braden were still alive. Steve’d told Maurice the pictures the FBI had showed him following the fire were unrecognizable and possibly staged. Detective Alva Davis told Maurice that was not the case. He had personally seen the bodies.

Over the course of their hours-long conversation, Maurice’s perspective changed. Police records say he expressed anger at Josh and Michael, saying they’d lied to him. He wanted to have words with Steve, because Steve had told him police had made up the stuff about finding pictures of young, naked neighbor girls in his house.

I made several attempts to contact Maurice. He never responded to my messages.

Andrew Adams (from May 16, 2013 KSL TV archive):  Cops arrived here on Tuesday. They combed acre after acre but ultimately called the search when cadaver dogs didn’t turn up leads.

Mike Powell (from May 16, 2013 KSL TV archive): We have not rested. We have not had a break. We have been diligent and meticulously investigating this entire case.

Dave Cawley: West Valley returned home from Oregon on May 16, 2013, empty-handed.

Ellis Maxwell: Y’know, at this point, y’know, a lot of us are just tired. Y’know, it’s been a long investigation and when I say tired, like we’re not physically tired but we’re just mentally like, you only, I mean I don’t know how many times an individual can, uh, come across a potential breaking lead in a case and be shut down. It’s like “nope, this ain’t it. Need to go find something else.” And so I, I think we were all hopeful, I was hopeful. But again at the end of the day, just tons of resources and uh, no results. But we were able to say that she wasn’t there.

Dave Cawley: Detectives weren’t alone in feeling that sense of exhaustion. Chuck Cox wasn’t ready to stop searching. He wondered if Susan’s body might have ended up much closer to home — Steve Powell’s home.

Haley Smith (from November 7, 2013 KSL TV archive): Earlier this year, a Washington judge awarded Powell’s victims, two young girls, 1.8 million dollars. … Powell is now claiming he’s just recently learned about the damages and is in no position to pay up.

Dave Cawley: But Steve did have assets, including the South Hill house from which he’d once filmed those underage neighbor girls.

Nkoyo Iyamba (from May 20, 2014 KSL TV archive): The family of the two little girls that Steven Powell was convicted of photographing now own that house. They were awarded that property in a court-ordered settlement.

Dave Cawley: Chuck, working with his attorney and a private investigator, brought cadaver dogs to the house. They probed the yard, on the suspicion that Josh or Steve might have buried Susan there. Just as with police in Oregon, they didn’t find anything.

[Scene transition]

Dave Cawley: Journal of Steve Powell, 6:30 a.m., December 8, 2009. 20 hours following the first report of Susan Powell’s disappearance.

Ken Fall (as Steve Powell from December 8, 2009, journal entry): Where is Susan? If she were alive someone would have heard from her. This morning it will begin sinking in to her co-workers that she is not coming back.

Will Josh drop the boys off at the day care when he goes to his 9:00 appointment with the police? … Will Josh still be walking free after the 9:00 appointment, or will they lock him up? Through the night I tried to think of things Josh said last night that might suggest that he truly does not have a clue where Susan is. Maybe his story came out sounding cock-eyed because he was so tired. … Michael suggested to Alina and me that if he has killed Susan it was probably not premeditated, since the story is so poorly planned.

If the worst happened, that is he killed her, did he bury her body? Will it ever be found? Frequently the police break down perpetrators during interrogation, and they end up leading them to where the body is buried. Although her parents mean nothing to me, I feel deeply for them, whatever the outcome. I cannot imagine there will be a good outcome.

[Scene transition]

Dave Cawley: Four days after the end of the search in Scotts Mills, Oregon, West Valley City leaders called a press conference.

Wayne Pyle (from May 20, 2013 KSL TV archive): After three-plus long years of the investigation into the disappearance of Susan Powell, we are announcing the end of the active phase of the search for Susan.

Dave Cawley: The case had gone cold.

Mike Powell (from May 20, 2013 KSL TV archive): Today, Susan is still missing. We do not know where she is or what happened to her.

Dave Cawley: That same day, the city attorney and detective Darrell Dain, aka Shamus, went to court and asked a judge to lift the secrecy order.

Ellis Maxwell: I had to sit down myself and, y’know, my supervisors, we had to sit down with the Cox family and, uh, share everything with them first. And so we met with them and, and we shared with them everything that we could share with them and uh, I believe we gave their attorney a copy of that release on a USB drive.

Dave Cawley: Next, reporters received their copies of the redacted case file on 32 gigabyte flash drives.

Mike Winder (from May 20, 2013 KSL TV archive): Tens of thousands of pages and as you go through those, it will be easy to Monday morning quarterback perhaps, uh, but I think at the end of the day, you’ll see a police force that was completely dedicated from the beginning, completely professional from the beginning and did everything they could do to, to find Susan and bring her home.

Dave Cawley: Technically, the Powell case remained open. There were still loose ends, including the ongoing efforts to crack the encryption on one of Josh’s hard drives. So that version of the case file released to the media, was a snapshot in time. Going forward, Ellis continued to take care of the case file. 

Ellis Maxwell: From that point I ended up leaving the major crimes division, or major crimes unit, and went to managing the sex offender compliance program. And then I developed a college internship program and so I ran both of those and took care of the Powell case and every once in awhile I would handle some other investigative cases as they came along but, uh yeah, I did that from ’13 up until December of ’15 when I retired. I had my 20 years and I was done. I was out. (Laughs)

Dave Cawley: Public release of the redacted case file was a huge win for Susan’s family. They seized on the documents. Within days, they began handing out fliers along I-84, from Pendleton, Oregon to Tremonton, Utah.

Andrew Wittenberg (from May 29, 2013 KSL TV archive):  The search for missing Utah mom has led Chuck Cox to a small Tremonton florist. It’s his first time in Utah in more than six months. His hope of finding her was renewed when West Valley police disclosed all their investigation materials.

Chuck Cox (from May 29, 2013 KSL TV archive):  Hopefully we get some more tips, some new tips. And, uh, we did, actually, as a result of the KSL coverage of that.

Dave Cawley: But the redacted case file didn’t paint the whole picture. Important details about Josh and Michael’s relationship and movements in the days after Susan’s disappearance were not included.

Chuck Cox (from May 29, 2013 KSL TV archive): We decided we needed to come down and put out these fliers and get some attention to the people that live along that corridor.

Dave Cawley: The public learned of Michael dumping his Ford Taurus, but the fine detail of his apparent later paranoia over it not have been destroyed. People seized on the reports of Josh having had an affair, not realizing those tips had been largely discredited. The redacted case file held many rabbit holes.

Ellis Maxwell: I don’t think an average person, uh, could sit down and look at this and really wrap their mind around it. Because there’s just, there’s way too much information, way too many details. There was 100 different directions that this case could have gone.

[Scene transition]

Dave Cawley: Journal of Steve Powell, 8:00 a.m., December 8, 2009. 22 hours following the first report of Susan Powell’s disappearance.

Ken Fall (as Steve Powell from December 8, 2009, journal entry): I am so tired, but unable to sleep. I have been lying here thinking about my grandsons, Charlie and Braden. Could Josh do something like this to their mother? Last night Josh went to the recycler to find a stout piece of cardboard to cover the broken window. He said there was a picture of a woman on the carton. As it lay on the living room floor, Braden lay down on it and said “mommy.” That was painful to hear.

I told Michael and Alina that no matter what Susan’s problems were, she did not deserve the death penalty. Neither one has any sympathy for her. Alina is aware and I think Michael too that I was in love with Susan, yet neither seems to be sensitive to any feelings I may have in the matter of her possible demise. That they are so anxious to show solidarity with Josh is also troubling.

I need to be of the same attitude, for the sake of the boys as well as Josh who, after all, is my son. The way his mother and her family treated him while growing up is no excuse for anything he may have done in this matter but I am not the court or a jury. I am his father.

[Scene transition]

Dave Cawley: Steve Powell completed his sentence on the voyeurism charges and left prison on March 23rd, 2014.

Jennifer Graves (from March 23, 2014 KSL TV archive): I knew it was coming and it was gonna be today and y’know what, it had to come and so I’m not particularly pleased about it, but it had to come.

Dave Cawley: Jennifer Graves had no intention of reconciling with her father, who was a registered sex offender.

Carole Mikita (from March 23, 2014 KSL TV archive):  Powell will be on probation for 30 months, required to wear a GPS locator and attend a sex offender treatment program. The corrections facility says he plans to live in Tacoma.

Dave Cawley: That plan soon fell apart. In July, the Washington court of appeals reinstated the child pornography count that Judge Ronald Culpepper had tossed out at the beginning of Steve’s 2012 trial. Steve appealed to the Washington State Supreme Court but the high court declined to take the case.

So, on October 27, 2014, Pierce County prosecutors obtained a new arrest warrant for Steve Powell. Steve and his sole surviving son, John, were living together at a halfway house in Tacoma’s Hilltop area. Pierce County sheriff’s detective sergeant Gary Sanders went and knocked on the door.

Gary Sanders: He was surprised. He tried shutting the door on me but with the warrant, you don’t get to shut the door. … So, John opened the door and I said “is your dad here?” And then Steve was like “whoa, no, you guys,” y’know, and I was like “nope, got the warrant.” So I was able to put him in handcuffs again and take him back to jail one more time.

Dave Cawley: Gary slapped a pair of pink handcuffs on Steve’s wrists.

Gary Sanders: Only two times I’ve used pink handcuffs.

Dave Cawley: You used those?

Gary Sanders: Yes. Umm, handcuffs that, uh, a certain detective from West Valley gave me.

Dave Cawley: Steve’s prison letters had revealed he believed police couldn’t arrest him again on the child pornography charge. He figured that would amount to double-jeopardy. That’s not exactly how double-jeopardy works.

Steve’s second trial didn’t go any better than the first. On July 15th, 2015, a jury found him guilty. The judge sentenced him to five additional years in prison. In August of 2015, Steve appealed that conviction. Washington’s court of appeals heard arguments, then rejected the appeal. Steve in 2017 asked the Washington Supreme Court to review his case. Again, the court declined. Steve was stuck.

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Dave Cawley: About a month before Michael jumped from the parking garage in Minneapolis, Chuck Cox had gone to court in Utah and asked to be named conservator of his daughter’s estate. Susan, in the eyes of the law, was still alive, and would be until five years after the date of her disappearance.

Chuck’s move put him in position to exercise authority over Josh and Susan’s trust and, by extension, her share of the life insurance money. After Michael’s suicide, Chuck amended the trust, making himself sole trustee. He froze out Josh’s mom, Terrica and sister, Alina. Steve had voluntarily surrendered any claim to the money. That might seem a noble gesture, but remember, Steve owed his voyeurism victims restitution. It was in best interest to be penniless.

A year later, in May of 2014, the federal court in Tacoma decided the interpleader lawsuit over the life insurance money. It split the proceeds like this: two-and-a-half million dollars to Susan’s estate, three-quarters of a million dollars to Michael’s estate, about 21-thousand dollars to Alina and 16-thousand dollars to John. Attorney Anne Bremner considered it a victory for the Cox family.

Anne Bremner: Y’know, we won the insurance battle.

Dave Cawley: But hang on a second. That October, Josh’s mom Terri sued Chuck. In her complaint, she said Chuck’s change to the trust had been illegal. She wanted an injunction to keep him from spending any of the money. Terri argued she was entitled to half of the proceeds through the trust, an amount totaling 1.1 million dollars. Terri and Chuck ended up settling out of court, in 2015. Terms of the arrangement were not disclosed.

Anne Bremner: When Michael killed himself, I thought “case over,” Right? “We’re done.” Here came the rest of the Powells.

Dave Cawley: That’s an understandable perspective, given what I’ve just described. But let’s talk about Terri for a minute. You haven’t heard Terri Powell’s voice in this podcast, aside from that first 911 call she made the day of Susan’s disappearance. There’s a reason for that. Terri has long shunned the media. She’s repeatedly expressed a desire to have no contact when I’ve reached out to her. But Terri did speak with police during the investigation and what she said can provide some insight on her mindset.

Terri Powell (from February 1, 2010 police recording): Y’know, I’ve blocked so much of it out, I can’t even remember. In fact, I’m surprised I can even talk about it. Usually, I’m just falling apart.

Dave Cawley: Jump back to February 2010. Jennifer had just confronted Josh while wearing a wire. Steve was formulating his theory about Susan running off to Brazil. And Terri sat down to speak with Ellis Maxwell.

Terri Powell (from February 1, 2010 police recording): I want Susan found.

Ellis Maxwell (from February 1, 2010 police recording): Yeah

Terri Powell (from February 1, 2010 police recording): I want the truth known. I want my family well. I don’t know what we’re going to have to go through from here to there.

Ellis Maxwell (from February 1, 2010 police recording): I don’t know either.

Terri Powell (from February 1, 2010 police recording): I want all my family well.

Dave Cawley: Terri shared many of the troubling events from her divorce. She described how Steve had manipulated the kids, exposing them to pornography and turning them against her. She said she’d felt concern at one point that Steve had “inappropriate interest” in the children, though she never saw him act on it. Terri didn’t seem to remember Josh having threatened her with a knife when he was a teenager, a claim documented in her divorce records.

Terri Powell (from February 1, 2010 police recording): Uh, one thing I’d like to mention, don’t know if I’ve ever specifically said this, I’ve, I’ve never known Josh to be violent.

Ellis Maxwell (from February 1, 2010 police recording): Mmhmm.

Terri Powell (from February 1, 2010 police recording): Never seen him violent—

Ellis Maxwell (from February 1, 2010 police recording): Mmhmm.

Terri Powell (from February 1, 2010 police recording): —that I can ever recall. … I, I can’t imagine him being that way.

Ellis Maxwell (from February 1, 2010 police recording): Mmhmm.

Terri Powell (from February 1, 2010 police recording): And I think that that’s significant, something you should hear from me.

Terri Powell (from February 1, 2010 police recording): Mmhmm. Yeah, absolutely.

Dave Cawley: Ellis observed there similarities between how Steve’d treated Terri and how Josh’d treated Susan. Terri couldn’t see it.

Terri Powell (from February 1, 2010 police recording): I don’t see Josh as manipulative.

Ellis Maxwell (from February 1, 2010 police recording): Mmhmm.

Terri Powell (from February 1, 2010 police recording): I do see him as, y’know, he’ll get in and get things done and he also had, hass a certain disregard for trying to accommodate other people and their needs. But he also seems very gentle.

Dave Cawley: Terri would give her son the benefit of the doubt.

Terri Powell (from February 1, 2010 police recording): The, the kids care about Josh and they, y’know, they want to see, umm, their, they, they want to help him. But I didn’t get any sense when I’ve been around them — and, and they’re willing to do that. They’re willing to help him, which I’m, y’know, I’ve been glad for because I felt like he needed help somehow or another.

Dave Cawley: Ellis, as gently he could, tried to warn Terri that the person responsible for Susan’s disappearance would be held accountable.

Ellis Maxwell (from February 1, 2010 police recording): Eventually there’ll be a—

Terri Powell (from February 1, 2010 police recording): Some kid of answers.

Ellis Maxwell (from February 1, 2010 police recording): —somebody’s gonna have to, yeah, somebody’s gonna have to account for it.

Dave Cawley: But as we now know, no one ever has.

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Dave Cawley: Journal of Steve Powell, 8:45 a.m., December 8, 2009. 23 hours following the first report of Susan Powell’s disappearance.

Ken Fall (as Steve Powell from December 8, 2009, journal entry): I went into Alina’s room a few minutes ago, to find out if she has heard anything. I was crying. Alina mentioned she has mixed feelings about being perfectly straight forward if called on to testify about their relationship. She did not think Susan was quite the [expletive] Josh made her out to be, and thinks Josh may have helped turn her into a [expletive]. I can’t disagree with that, and I am with Alina on that. However, I said we should support him in any way we can, partly for the sake of the boys. … I doubt Susan is alive and I doubt Josh’s hands are clean. If he murdered her, I wish he had not. But she did treat him in an almost schizophrenic way, and a person can take only so much.

[Scene transition]

Dave Cawley: Chuck and Judy had first filed their wrongful death lawsuit in the Pierce County Superior Court. In late November, 2014, it jumped to the U.S. District Court in Tacoma. The suit accused Washington’s Department of Social and Health Services, DSHS, as well as the social workers who’d handled Charlie and Braden’s case, of failing to protect the boys, ignoring the threat Josh presented.

Anne Bremner: We want the DSHS to switch gears which is, it’s the best interest of the child. That’s what they should be looking at, not reunification at any cost.

Dave Cawley: Attorney Anne Bremner and the rest of the team took that argument to the judge.

Anne Bremner: What we’re saying is, based on the facts that I think everybody knows, is that there were red flags about Josh. The biggest one being the disappearance of his wife and his involvement.

Dave Cawley: October 7th, 2015, the federal district court ruled against the Coxes. In his decision, Judge Ronald Leighton wrote the court could not “exercise the luxury of hindsight” in judging the social workers for failing to prevent the murder. Leighton said federal law provided the social workers absolute immunity. DSHS, he said, had done its job in notifying the state court of the goings-on, so it also could not be blamed. According to the order, Pierce County Superior Court Judge Kathryn Nelson’s decision to allow visitation at Josh Powell’s house was the closest thing to a cause for the murder.

In a footnote, Judge Leighton also mentioned the failed effort to pass Charlie and Braden’s Law in Washington. He called it bad public policy in general, even though he conceded it would have benefited everyone in the Powell case case. On this, the judge and Anne Bremner disagreed.

Anne Bremner: It should be the law in every state in the nation. It’s pretty simple. Pretty simple, right?

Dave Cawley: Two months later, the Coxes appealed the ruling to the 9th U.S. Circuit Court of Appeals. It took two years before the appeals court heard oral arguments on the case.

Ted Buck (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): The CPS workers failed to even review the divorce file.

Morgan Christen (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): Had they reviewed it, is there something they would have found there that you think would have changed this outcome?

Ted Buck (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): I, yes your honor, I believe that they would have. They would have found that he had threatened to kill his mother with a knife when he was younger. That he had killed animals before. All classic signs people who can snap, people who can do very violent things.

Dave Cawley: Attorney Ted Buck argued the case on behalf on the Coxes in Seattle on December 4th, 2017, almost eight years to the day after Susan’s disappearance.

Ted Buck (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): The court assumed, without evidence in the record, that Judge Nelson had as much information as the law enforcement officers who were warning the social workers that they had concerns about the safety of the boys. That Judge Nelson had as much information as the Coxes, who’d known Josh Powell for years, as his own sister who obviously had known him for many, many years. The court assumed that the judge knew that visitations were regularly occurring at the Powell house, when the record does not support that.

Dave Cawley: Assistant Washington Attorney General Peter Helmberger argued the “hunches and beliefs” of Susan’s friends and family members were not grounds for concern over and above the courtordered supervised visitation. He noted Charlie and Braden had not been afraid of their father, in fact they’d dashed to greet him at every visit.

Peter Helmberger (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): It wasn’t concern based on him being violent towards his children unsupervised—

Morgan Christen (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): There had to be a finding and there was, the box was checked, that the children were at risk of danger and that was the justification for requiring supervised visitation with the natural father, right?

Peter Helmberger (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): Correct. But it wasn’t, it wasn’t based on any reports or allegations of, of abuse, of physical abuse directed towards—

Morgan Christen (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): We understand.

Peter Helmberger (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): —towards his children.

Dave Cawley: Chuck left the courtroom that day feeling confident.

Chuck Cox: To me it was like, why aren’t you ruling now? 9th Circuit, they were very impressive in their ability to get past the bull and down to the truth.

Dave Cawley: So Chuck waited for good news. None came. Time went by and he was reduced to waiting for any news.

On January 10th, 2019, right in the middle of this podcast, the appeals court released its decision. The opinion upheld the immunity for the social workers, meaning they cannot be sued as individuals. But the appeals court reversed the district court’s decision regarding DSHS, sending the Cox family’s negligence claim against the state of Washington back down for trial.

Ted Buck (from December 4, 2017 9th U.S. Circuit Court of Appeals oral argument recording): A jury needs to be able to determine whether, in the face of all of those risks, the state was deliberately indifferent in not moving visitation back to a secure facility, in not assuring that you had a supervisor there who could intervene. These are jury issues.

Dave Cawley: As I record this, that trial is still to come. Anne Bremner said she still hopes a jury will find in their favor, forcing a change in priorities and placing the safety of children above the parental rights of suspected murderers.

Anne Bremner: And it’s going to mean a lot to me and to the Coxes if we get that. It will mean everything.

[Scene transition]

Dave Cawley: Of course, one could also argue Washington might not have needed to protect Charlie and Braden from Josh if police in Utah had arrested him in the first place. In the years since the murder-suicide, many people have accused the West Valley City police department of botching the case. So I asked Ellis Maxwell point-blank, if he agreed.

Ellis Maxwell: No, absolutely not, we didn’t botch the case. Umm, it just comes from ignorance in my opinion. But, y’know, I respect it and I understand where they would come up with that. Not knowing everything that I know, you know and, uh, the rest of the investigative team, it’s easy for people to, y’know, Monday morning quarterback the case. Super easy. So I don’t get offended when I hear it and I think the reason why is ‘cause I understand where they’re coming from.

Dave Cawley: But why didn’t he just arrest Josh?

Ellis Maxwell: We were getting there but Josh beat us to the punch, unfortunately.

Dave Cawley: Ellis told me he’d hoped to screen the case against Josh for formal charges — body or no body — in the spring of 2012. Which raises an interesting point: the case had never been screened.

Sim Gill: And the tragedy is that we were moving towards that process. We don’t get to control human behavior.

Dave Cawley: Salt Lake County District Attorney Sim Gill came into office in 2011, midway through the Powell investigation. He learned that while members of his staff had worked with police on search warrants and subpoenas, detectives and prosecutors had not met to review the evidence in a holistic way.

]Sim Gill: I wanted to make sure everybody who was part of the investigation got to give their input and as well as a collaborative collective of legal minds who said “ok, what is the flexibility of the range of our options that we have?”

Dave Cawley: Deputy D.A. Blake Nakamura told me prosecutors were willing to go forward with a no-body case, but it depended on police chasing down every possible lead.

Blake Nakamura: The unique challenge in those kinds of cases is it creates an opportunity for all these alternative explanations that are contrary to what the allegation of a homicide would be: they went off, they met somebody else, they had debt and so they were trying to leave the debt. Remember, there only has to be one person saying I have some reasonable doubt.

Dave Cawley: As we’ve seen, the Powell family worked hard to create those alternative explanations: Susan ran off to Brazil with Steven Koecher, Susan was “sexually motivated,” Susan was suicidal, Susan had abused her boys.

Blake Nakamura: And when you’re having to defeat that by circumstantial evidence that the person, no, is gone. Like, no contact with family, no activity in financial records. That tends to create a compelling picture, but when you’re dealing with reasonable doubt, sometimes that’s not enough.

Dave Cawley: It might seem likely to the majority of people that Josh Powell killed his wife, but prosecutors needed evidence to prove that.

Sim Gill: It’s not just the court of public opinion that gives you a successful prosecution. It’s the evidence that’s necessary under our rule of law with the burden of proofs that we have. When you don’t have that physical body, when that forensic piece is missing there is a whole host of logical possibilities and if I have more than one logical possibility in any realistic sense, I have reasonable doubt.

Dave Cawley: Not arresting Josh at the outset had been a tactical decision. Even now, Sim does not second-guess it. 

Sim Gill: This is not television. This isn’t CSI. This isn’t cutaways where you browbeat somebody and they confess. This is real life.

Dave Cawley: And of course, there would’ve been no point in arresting Josh from the beginning if prosecutors were not at that point prepared to file charges.

Blake Nakamura: When decisions are made to file or not file, those are not light decisions. They are not light decisions because it is a situation where if we file and we’re not successful in that, we can’t go back and say “geez, can you give us another shot?”

Dave Cawley: If they’d charged Josh with murder and a jury acquitted him, it wouldn’t have mattered if someone later discovered Susan’s body. Double jeopardy would’ve prohibited them from charging him again.

In the wake of the Powell case, Sim instituted changes within the district attorney’s office. They mandated in-person screenings of homicide cases before a team of prosecutors, ensuring a diversity of viewpoints and rigorous debate over the strength of the evidence. It’s tough to say if that process could’ve changed the outcome in the Powell case, were it in place from the beginning. But Sim, like Ellis, doesn’t believe police botched the investigation.

 Sim Gill: Absolutely not. Absolutely not. If anything, what I want to communicate from what we learned and what we observed and what we interacted with, that commitment to finding the truth never, they never wavered from that.

[Scene transition]

Dave Cawley: On June 6th, 2017, I mailed a letter to Steve Powell. In it, I described my work on this podcast and expressed my interest in speaking with him. In particular, I hoped Steve and I could discuss his planned autobiography, which he’d outlined and given the tentative title “Somewhere on the Moon.” Steve didn’t responded to my letter.

A few weeks later, Steve left prison again after serving just a fraction of his five-year sentence. He’d received time off for good behavior. I actually staked out his address during a visit to Tacoma that October, but never saw him.

Jennifer Graves: Thus far my dad’s been pretty closed mouth about everything in relation to this case and I don’t think he’ll ever change that. Maybe. I don’t know. I mean, miracles happen but I don’t see it happening at this point. I do believe that he knows about stuff, that Josh probably told him stuff. Maybe he wasn’t privy to it as, as he was planning or, or uh, executing his plan. But I think that in, y’know, at the end he was told. I think he knows. Will he ever tell? I doubt it.

Dave Cawley: Pierce County sheriff’s detective sergeant Gary Sanders kept tabs on Steve after he left prison. At that point, Gary was running the county’s sex offender monitoring program.

Gary Sanders: And they’d notified us that he was up in King County, which kind of threw us off, umm, because of health issues.

Dave Cawley: Steve’s health had taken a nose-dive. In the summer of 2018, Gary learned Steve’d been admitted to St. Joseph Medical Center in Tacoma. Gary called the hospital, in the hopes Steve might make a dying declaration. But the hospital told him, Steve was getting better.

Gary Sanders: They mentioned that he was on progression, getting towards outpatient, being released and stuff, umm, so I’d, I’ve kinda, I was still monitoring him but I was not as concerned for the dying declaration.

Dave Cawley: Then, just before 5 a.m. on July 22nd, 2018, Steve Powell died at the hospital from severe cardiomyopathy, heart failure. No one bothered to inform Gary.

Gary Sanders: And I called down there to say “hey, how is he doing, where was he at, still in the hospital?” And umm, they initially wouldn’t tell me anything just because of rules of and stuff and then I explained because of the monitoring and they, they informed me that he’d passed away.

Dave Cawley: Word of Steve’s death started to spread. I learned of it early the morning of July 24th. I immediately sent a text to Ellis.

Ellis Maxwell: Matter of fact, when I learned of, from you, of Steve’s passing, I fired off a text to a couple of other guys that I’m real close with that were a great asset to the investigation and, y’know, we had our chuckles and, y’know, there wasn’t a lot of, of love lost there, so, I mean, we still talk about Steve Chantrey and his music and (laughs), y’know, we’re cops. We laugh about it. That’s how we get through things.

Dave Cawley: Chuck Cox reacted differently to Steve’s death.

Chuck Cox: When Steve passed, I got thinking “what a waste of a life.” He, he’s, he ruined the lives of his children, his family, he took my daughter and the grandchildren, tore apart his own family and now he’s gone. Just what a loss.

Dave Cawley: Steve’s death certificate showed he was cremated on August 6th of 2018. It listed Alina as his next of-kin. Many news stories at the time suggested Steve had died knowing important information about the whereabouts of Susan’s body. But Gary, like Ellis, wasn’t so sure.

Dave Cawley: Did you hold much hope that he might say anything or was that kind of a slim chance in your mind?

Gary Sanders: I think it was a slim chance. Umm, he, he didn’t, I don’t, I don’t think he would have told us. … And to be honest, I don’t know if he did know.

[Scene transition]

Dave Cawley: Journal of Steve Powell, 10:30 p.m., December 8, 2009. 36 hours following the first report of Susan Powell’s disappearance.

Ken Fall (as Steve Powell from December 8, 2009, journal entry): I feel like Josh did a truly stupid thing, and probably disposed of her body in a very grotesque way. I think he probably went to some former industrial land just west of West Valley City and cremated her. I don’t see how he could live with an image like that in his mind.

I want Josh to be with his boys, but I am also angry with him for murdering such a beautiful woman. … That he could do such a thing once suggests that he could do it again. If things go too badly, he could murder the boys and hang himself to avoid going to prison and leaving them with the Mormon families that would no doubt take custody of them.

Josh’s life with Susan was utterly miserable, as was hers with him. Why she stayed with him I do not know. Evidently this tragedy is my answer for why Josh hung on. He wanted to do it his way and avoid a messy and costly divorce. I have news for him. This will be a very costly process, and he may lose anyway. Why someone who is otherwise so smart would do something so utterly stupid is beyond me.

Years ago I made up my mind that Josh was, of my kids, capable of doing such a thing. But our conversations of late suggested that I had nothing to worry about, although I thought about it with concern at times. He seemed resolved that doing something so callous would be most disruptive to his and his children’s lives. Now I wish I had talked more about the likelihood that someone involved in such a crime would be caught. If I had only known. If I could only turn back time.

Dave Cawley: On the conclusion of Cold…

Jennifer Graves: Sometimes it isn’t possible, sometimes the right decision is to get out.

Cold season 1, episode 16: Chasing Leads – Full episode transcript

(Sound of seagulls and idling diesel engine)

Dave Cawley: Snowflakes swirled outside the Flying J Travel Center in Lake Point, Utah. They danced on the wind that also buffeted big-rigs on the nearby interstate. Denise worked the register alone. The only other employee on shift at the time was out shoveling snow off of the walks.

Denise: It was around midnight, 12:30 a.m., and I was busier than normal because of the, the storm. It was coming down like crazy.

Dave Cawley: Denise heard someone shout “Hey Charlie” across the store. A few moments later, a man in a leather jacket stepped up to the counter.

Denise: It’s this really tall man carrying a baby. And I said “is there anything else for you tonight?” And I looked down at his stuff and it was rescue tape.

Dave Cawley: A pair of gloved hands dropped a couple other items on the counter: crackers and licorice. Denise glanced up to see a woman standing next to the man, smiling.

Denise: So I looked up and I made eye contact with her and then the dad said “hang on a minute let me buy this stuff and then we’ll go camping.” So quickly, I turned around and looked out the window, cause I knew it was snowing like crazy and I looked over at the RV islands that was just over my right shoulder, and there was nobody there. There was no RVs or anything there. And I thought “camping? In this?” So, I turned a little bit further and I’d seen the silver minivan sitting on pump six.

Dave Cawley: Denise thought the woman looked well-put together, especially for it being nearly 1 a.m. But she also noticed red rings around the woman’s eyes, as if she’d been crying. The toddler in the man’s arms stirred.

Denise: He looked at his mom and I looked at his little nose. He was just such a cute little man. His little nose was all scrunched up. And I says “well he doesn’t look too happy about going camping.” And she did the mom thing, rubbed his little cheeks and smiled and says “yeah, he’s pretty tired.”

Dave Cawley: The mom scooped the boy from the man’s arm and walked over to the door, joining another, slightly older boy who was pushing on the glass, trying to get outside.

(Sound of door opening)

Dave Cawley: Together, they walked out to the minivan. The man paid for the stuff with cash and told Denise to put the change on pump six. Then, he left as well. Denise didn’t think about that encounter again, until two months later when she saw a picture of Josh Powell on the news. She called West Valley police in a state of shock.

Denise: I truly believe I was the last person to see her. I truly do. And that’s very haunting.

Dave Cawley: Denise told police she’d seen Josh and Susan Powell, as well as their boys, together in the Flying J at 12:30 a.m. on December 7th off 2009.

Denise: The did request the video surveillance and, much to my surprise, Flying J only kept their film for ten days and then they would record over it again. So it wasn’t available for them.

Dave Cawley: Denise provided a written statement. She told detectives what the people she’d seen were wearing. The detectives, in turn, asked her why she hadn’t reported this sighting for weeks.

Denise: When they asked me “what took you so long?” that was gut-wrenching. It just made me feel like I was discredited, so to speak, when they asked me that. And that was a horrible feeling. Here, something so tragic has happened and I’m trying to help, ‘cause they were there. They were there. And, and how to I convince them? They’ve got to know that they were there and, and believe that they were there.

Dave Cawley: This is Cold, episode 16: Chasing Leads. I’m Dave Cawley.

[Ad break]

Dave Cawley: Denise has harbored some hard feelings for West Valley police over the last nine years.

Denise: I had a lot of anger issues, frustration with them and stuff because I had such valuable information that I felt was discarded. But then, you know, ten years time and you experience other things, I come to realize how difficult it is for them to put anything through the system.

Dave Cawley: Here’s the problem with Denise’s tip: it can’t be verified. Not by any other witnesses, not by surveillance camera footage, not by financial records. By the time Denise reported it, a lot of information had come out in news reports. Police had to ask themselves: were her memories influenced by what she’d seen on TV?

Ellis Maxwell: The more information that gets out, that’s more information now you have to sift through in these tips and these leads and trying to identify “ok, is this credible information or this information that they’ve obtained because of information we’ve released?”

Dave Cawley: By the start of 2013, West Valley police had received more than 800 tips in the Powell case. They ran the gamut, from simple suggestions of where to look for Susan, to detailed psychic conversations with a ghostly figure, to simple but unverifiable stories like Denise’s. People reported sightings of Susan in Georgia, Montana, Hawaii and Alaska.

A woman named Robin claimed to have seen Josh and the boys at the Comfort Inn in Sandy, Utah while working there on the morning of December 7th of 2009. Police went to the hotel and verified there was no record of Josh having stayed there.

A card dealer at the Montego Bay Casino in West Wendover, Nevada claimed Josh was a regular at his table on weekends. A woman named Darlene said she’d flirted with Josh on an elevator at the Imperial Palace hotel and casino in Las Vegas, because he smelled nice.

Perhaps the oddest tip of all came from the Duces Wild “gentleman’s club” in South Salt Lake, Utah.

Sherman (from March 8, 2010 KSL TV archive): His erratic, belligerent behavior is what brought attention to him.

Dave Cawley: Police heard from a patron of Duces Wild, one week after Susan’s disappearance. The man, named Sherman, told them on the afternoon of December 7th, he spotted a guy at the club who seemed very drunk.

Jennifer Stagg (from March 8, 2010 KSL TV archive): Sherman was sitting next to the man and asked him if he was ok.

Sherman (from March 8, 2010 KSL TV archive): He kept repeating that he had a really bad day and he had a story to tell. When I asked him to tell the story he says “no you don’t want to her my story, I’ve just had a really bad day.”

Dave Cawley: A few days later, Sherman saw Josh Powell on the news and thought he looked a lot like the man he’d encountered at the club.

Jennifer Stagg (from March 8, 2010 KSL TV archive): Sherman says the man was shouting at the strippers and the bar tender. He tried to take another patron’s drink. The bar’s owner said the man was acting erratically.

Rydell Mitchell (from March 8, 2010 KSL TV archive): Talking to himself, speaking out load, wasn’t really making any sense.

Dave Cawley: A couple of officers went to Duces Wild. Other patrons recounted a story about a man who’d caused a ruckus on December 7th. The bartender told detectives this belligerent customer was not a regular and it seemed like he’d been “on something.” He did look like Josh Powell, but she couldn’t say for sure that it was him.

Jennifer Stagg (from March 8, 2010 KSL TV archive): Police say they aren’t able to confirm it was in fact Josh Powell at Duces Wild, the day his wife Susan was reported missing.

Tom McLaughlan (from March 8, 2010 KSL TV archive): I’m not trying to discredit, uh, the individuals involved. Uh, but uh, sometimes, y’know, the, eyewitness accounts can, can be mistaken, so you can’t rely wholly on that. You try and verify. And at this point, uh, we are not able to verify through, uh, independent means that that was Josh.

Dave Cawley: “Bad day” guy had arrived around 2 p.m. and left the bar at about 4:30 p.m. Josh’s phone records showed he was near his home in West Valley at 3 p.m. and down south at Point of the Mountain a half an hour later. Josh could not possibly have been at Duces Wild.

There was another big problem with the story. Josh didn’t drink. His journals included several references to his not liking alcohol, or even being around others who are drinking.

Josh Powell (from December 13, 2000 audio journal recording): It was starting to wear me down to, to have to be around alcohol in the house and, and cussing.

Dave Cawley: Steve Powell also wrote about the Duces Wild story, once it made the news.

Ken Fall (as Steve Powell from March 10, 2010, journal entry): Even Josh’s detractors came out and said they did not believe the story. Josh has never been to a strip club, even though he does not feel there’s anything wrong with such an activity.

Dave Cawley: Josh’s attorney, Scott Williams, responded to a news story about the Duces Wild tip by saying he had no idea why anybody would make that kind of claim about Josh.

[Scene transition]

Dave Cawley: A woman called 911 shortly before midnight on December 11th of 2009, just five days into the search for Susan, and told a dispatcher she’d been having an affair with Josh Powell. She said her name was “Kristine.” Through slurred words, she described having met Josh at a comedy club. She said he’d claimed his wife had died of cancer. She’d only realized that wasn’t true when she saw Susan’s face on the news. The call disconnected. Kristine called 911 again, a few times actually.

Dispatch handed the information off to West Valley City police. An officer got “Kristine” on the phone again just before 1 a.m. and thought she sounded drunk. Kristine said she lived in Oregon, even though she was calling from Utah on a phone with a Utah area code. The officer asked Kristine for Josh’s phone number, to test her honesty. She became upset and hung up the phone.

Police traced the number Kristine had called from to an address about 10 blocks to the east of where Josh and Susan lived. A patrol officer went to the house and knocked on the door around 3 a.m. No one answered. Kristine’s tip went cold.

Then, in July of 2010, Detective Ellis Maxwell double-checked Kristine’s number against Josh’s phone records. It did turn up only once, just after midnight on December 12th of 2009, the same night she’d called 911. The phone records showed no one picked up at the Powell house. Kristine had never talked to Josh, at least not on any phone West Valley police knew about.

Ellis kept digging. He learned the phone number “Kristine” had called from actually belonged to a woman named Kourtney.

Ellis Maxwell: She called in relatively early after this made the news and, uh, she left a bogus name and filed these allegations that, y’know, she was having an affair with this guy and y’know that took a little bit of time to track her down.

Dave Cawley: Police made contact with Kourtney in August. She was hesitant to talk.

Ellis Maxwell: And it’s like “eh,” y’know obviously we can’t force people but it kind of doesn’t work like that, right?

Dave Cawley: They convinced Kourtney to come in to the station for a chat. She sat down with the detectives and told her story. Kourtney said she’d met Josh through the phone chat service LiveLinks and that they’d dated for about six to eight months. Also, Josh hadn’t used his real name. He’d gone by John Staley.

Kourtney claimed Josh’d paid her about $800 for sex over the course of their relationship. He’d meet her at the Hunter Library, just around the corner from her house. Then, they’d drive up one of the nearby canyons to make out or have sex. Kourtney even took a drive with the detectives to visit those spots in Millcreek and Butterfield Canyons, on the outskirts of the Salt Lake Valley.

Ellis Maxwell: We did a little field trip and, uh, yeah. Nothing evolved from it.

Dave Cawley: The whole thing smelled fishy. Ellis asked Kourtney to take a lie detector test. She didn’t want to do that. Was Kourtney telling the truth about John Staley? Ellis didn’t think so.

Ellis Maxwell: She never called him, they never had communication, stuff like that. So, y’know, it was put to bed.

Dave Cawley: The Cold team reached out to Kourtney to ask for her side of the story, but she never responded, casting further doubt on her story. But what Kourtney had claimed did lend credence though to an even wilder tale from a man named Andrew Andersen.

[Scene transition[

Andrew Anderson: You know my background, right?

Dave Cawley: That was the first question Andrew asked me when we sat down to talk about the Powell case. What he meant was he’d done time.

Andrew Anderson: I was just lettin’ you know that that’s the case.

Dave Cawley: Andrew Andersen’s troubles with the law started in 2007, when he was 21, with an arrest for forgery in West Jordan, Utah. Court records show the busts cascaded from there. By 2009, he racked up more arrests for forgery and financial fraud. They resulted in the filing of felony charges in at least 15 separate cases. The other misdemeanors scattered in between were just garnish, like parsley on a plate.

Andersen resolved most of those cases with plea deals. He spent some time in jail, but bounced out on probation before long. He just kept getting into trouble. So in February of 2010, a judge ordered Anderson to prison for up to five years.

Andrew Anderson: When I went to prison, I went to prison for like, checks, credit cards, all that.

Dave Cawley: The Utah Department of Corrections operates two prisons. One at Point of the Mountain, midway between the main population centers of Salt Lake City and Provo, Utah. The other in the rural, central Utah town of Gunnison. But many state inmates end up serving their sentences in county jails, because the two prisons are overcrowded. Andersen told me he spent time in a lot of different jails over the course of his sentence.

Andrew Anderson: Washington County sucks. Davis County sucks, it’s alright but it sucks. Uh, Weber County, Cache County they all suck. Salt Lake County sucks.

Dave Cawley: Andrew was in the Box Elder County Jail when, in the summer of 2010, he reached out to U.S. Marshal Derryl Spencer and West Valley police detective Gavin Cook. He described meeting Josh Powell in July of 2009 at a place called Fat Cats in the city of South Salt Lake. He was hanging out there with a few people when a woman named Summer walked in with a guy he didn’t recognize.

Andrew Anderson: Summer was a stripper and she was just using him ‘cause he was paying, just giving money, money, money, money.

Dave Cawley: Summer seemed close, physically, with the guy. They were kissing and hanging onto one another. Andrew told the investigators Summer had met this guy through a phone chat service, possibly LiveLinks or QuestChat. Come to think of it, maybe it was on Craigslist. He wasn’t sure.

Andrew Anderson: He was, like, possessive. Very possessive.

Dave Cawley: Like how, in what way?

Andrew Anderson: Like if she would talk to me or say she went to get a beer or something, he’d be all weird about it. Does that make sense? Like, “why are you talking to that dude?”

Dave Cawley: It didn’t end at Fat Cats.

Andrew Anderson: Well that’s where I first met him and then, y’know I’ve been to Wendover with him and a couple other places, so.

Dave Cawley: The guy didn’t go by the name Josh. He had a different name but Andrew couldn’t remember it. Summer probably had a different name too, for all Andrew knew.

Andrew Anderson: I don’t know if that’s her stripper name or real name or anything. But you know out on the street and the game, all, ‘cause, y’know, she liked to smoke meth and party and do all that stuff. And she was a stripper, not that that makes her any different than anybody else. It was her job.

Dave Cawley: Andrew knew Summer through a mutual acquaintance who’d been on the same ankle monitor jail release program with him.

Andrew Anderson: The people I was hanging out with before are, were like, gutter I guess you want to say it. Out committing crimes, doing all that stuff.

Dave Cawley: Andrew said he was locked up again by December of 2009 when he first saw Josh Powell on the news. He was sure Josh was the possessive guy he’d met that summer day at Fat Cats. He started hearing through the grapevine that Josh and Summer had had an argument. Summer threatened to tell Josh’s wife about their affair. Josh said he’d already killed his wife.

Andrew Anderson: For some reason he spilled beans to her. So… (laughs)

Dave Cawley: The story, as Andrew had heard it, went that Josh had dumped Susan’s body in a mine or buried her at a campground out in the desert. For Ellis this sounded just plausible enough.

Ellis Maxwell: There could be, there could’ve been, still, something there. But it wouldn’t have, it wouldn’t have been information that would have found Susan. This would have been information that you could discredit Josh’s credibility.

Dave Cawley: The idea of Josh having lead a secret double life, spending his money on strippers and gambling trips, caught the imagination of detectives.

Ellis Maxwell: There was a small portion of it that I, I kind of believed, I still kind of believe. Maybe Josh was involved in, y’know, maybe some prostitution and uh, y’know, it’s possible. And y’know we definitely looked at it.

Dave Cawley: But Andrew’s information didn’t exactly come from a position of pure altruism.

Andrew Anderson: I said “well, I can’t do a dang thing sittin’ in here. How can I go find Summer? You get me on the street with a furlough or something, get me out of prison, then I could do it.”

Dave Cawley: Andrew told the investigators Summer was slender, white, blonde and probably in her late 20s or early 30s. She might have worked at Duces Wild, the same strip club where patrons had reported seeing a guy who looked like Josh on the day Susan disappeared. That coincidence was not lost on the police.

Ellis Maxwell: Here we’ve got Duces Wild, we’ve got Kourtney, we’ve got Andrew with this story and it’s like “this is kind of weird.” And, y’know, there very well could be something there.

Dave Cawley: Detectives went to work. They made a list of possible Summers, to compare against a spreadsheet of licensed exotic dancers. Police records also say Andrew suggested they talk to another woman who’d been at Fat Cats that day. Her name was Emily, and she was attending a family reunion in Michigan. Police hopped a plane and went to see Emily.

Andrew Anderson: It looks bad on me even though I didn’t give Emily’s name. They, something, I don’t know, y’know, how her name got brought up and I said “I was hanging out with her at the time. She very well could know her. That’s somewhere to start.”

Dave Cawley: Emily met the investigators at Fayette Historic State Park, on Michigan’s upper peninsula. They asked if she’d ever been to Fat Cats. She said no. They asked if she knew Andrew. Again, she said no. Emily admitted she’d been involved in fraud and forgery. Her memory was bad because she’d spent much of late 2009 strung out on methamphetamine. In fact, she’d been locked up for the first half of 2010. Her trip to Michigan was a probably against the rules of her release.

The police put the screws to Emily and her memory started to come back. Yes, she did know Andrew, but only by his alias.

Ellis Maxwell: His, his moniker name was Cowboy. (Chuckles)

Dave Cawley: Yes, Emily knew Summer. They’d printed checks and ID cards together. Yes, she’d been to Fat Cats and remembered seeing a guy acting weird, aloof and possessive of Summer. He’d drank beer, spent time on a PDA and drove off at the end of the night in a dark-colored SUV. That didn’t sound like the Josh Powell Ellis Maxwell knew. Still, it was a lead.

Ellis Maxwell: Yeah, knowing Josh, you’re thinking “nah, he’s not the type of person that would get involved in prostitution” but being in police work for 20 years, nothing really surprises me anymore.

Dave Cawley: Detectives identified more possible “Summer” candidates. One lived in Moab, a desert resort town in the south-eastern part of Utah. They checked her out, even visiting her apartment in person. She was not the right one. Another possible Summer met with police in mid-August of 2010. She agreed to take a lie detector test, which she passed. Andrew said she wasn’t the right Summer when he later saw her picture.

Andrew Anderson: They were going to St. George. They were going to Moab. They were, Derryl and Maxwell were all over the place, man.

Dave Cawley: That same month, Andrew sent U.S. Marshal Derryl Spencer a letter, asking for help getting moved to a better jail or into a residential drug treatment program. He said it would free him up to spend all his time searching for Summer.

Andrew Anderson: I didn’t like where I was at. So Derryl was helping me get moved around to where I wanted to be at, where the prison had space at better jails, for helping them. And finally he just got me back to the prison where I wanted to be.

Dave Cawley: There was a problem though. Andrew’s story kept shifting. He added new bits, like that Summer was a “featherwood,” or female member of a white supremacist gang. In spite of not being able to positively identify Summer, Andrew did provide information on other cases that seemed to check out.

Toward the end of September, police learned Emily had returned from Michigan. Word was getting around that she, too, was on the hunt for Summer.

Ellis Maxwell (from September 30, 2010 police recording): So this whole time you’ve been out and you’ve been amongst these people. You haven’t obtained any information that we need on this Summer girl?

Emily L. (from September 30, 2010 police recording): I’ve tried.

Ellis Maxwell (from September 30, 2010 police recording): I thought you said you could get it.

Dave Cawley: At the end of September, Emily showed up at West Valley police headquarters for an interview.

Emily L. (from September 30, 2010 police recording): When I first ran into these guys, they came up and saw me they’re like “do you know so and-so, do you know so-and-so, have you ever been here or here or here” and I’m like “no.” And I honestly didn’t think I had. And then when they started like, jogging my memory, mentioning different places, times, people, I was kind of like “well, that could be.” Y’know what I mean? And I wasn’t lying.

Dave Cawley: She’d agreed to undergo a lie detector test.

Steve O’Camb (from September 30, 2010 police recording): Do you know Summer?

Emily L. (from September 30, 2010 police recording): No.

Steve O’Camb (from September 30, 2010 police recording):  Is this the month of September.

Emily L. (from September 30, 2010 police recording): Yes.

Steve O’Camb (from September 30, 2010 police recording): Have you ever talked to Summer about the murdered wife?

Emily L. (from September 30, 2010 police recording): No.

Dave Cawley: So, police decided to put Andrew and Emily together in the same room.

Andrew Anderson: I was in Davis County Jail and all of the sudden Emily showed up there one day.

Dave Cawley: The police left Andrew and Emily alone for a bit then split the two up and asked each what they’d talked about. Andrew and Emily gave two different accounts of their conversation. What’s more, Emily admitted to having used meth that very morning. In her purse, the police reported finding another person’s checkbook, credit cards and I.D. The police arrested her and handed her over to a probation officer, who had just obtained an arrest warrant.

A week later, the police also gave Andrew through a lie detector test. They asked if he actually believed it was Josh Powell he had seen at Fat Cats back in July of 2009. Andrew said yes. The test did not reveal any signs of deception.

Andrew Anderson: They gave me lie detector test after lie detector test and I passed them all.

Dave Cawley: Andrew kept writing letters. On April 25th of 2011, he sent a letter to detectives Gavin Cook and Ellis Maxwell. He said he’d been in touch with people who knew where Summer was hiding. She had agreed to talk, in exchange for full immunity and half a million dollars in cash.

Andrew’s story continued to evolve. He claimed Susan had got wind of Josh spending time on chat lines and going out in public with prostitutes. Enraged, she’d planned to leave with the boys. Josh had used his supposed connections in the criminal underworld to keep that from happening. Andrew felt frustrated. He he’d given police information, but seemed to get nothing in return.

Andrew Anderson: In all honesty I was just, I wanted to help ‘em out but I was also trying to help myself out. Because I was given an 18 month sentence, that’s what my max was supposed to be and I did five-plus years on it.

Dave Cawley: In July of 2011, Andrew told police he’d found out who’d put out the “hit” on Josh. He dangled that carrot in an effort to keep from being moved to the prison in Gunnison. At the start of August, Andrew provided a list of possible Summer associates, people who might know where to find her. He also told detectives Susan’s body could be in some mountains south of Interstate 80 in Utah’s West Desert. But the specific directions he gave didn’t make any sense.

By December, as Josh was fighting for custody of his boys in Washington state, Andrew landed just where he didn’t want to be: in Gunnison. He didn’t give up trying to work a deal. On the two-year anniversary of Susan’s disappearance, he begged for help getting out. In a letter, he claimed to have given police information about Steve Powell possessing child pornography, before the August, 2011 search warrant raid at Steve’s house.

Andrew Anderson: I gave them all that information and Steven Powell got put away for child pornography, all that stuff. And Josh Powell, I said go look on Josh Powell’s computer right now and you’ll have plenty to arrest him.

Dave Cawley: That’s a claim not backed up by the facts. I asked Andersen to explain that. He stood by his claim that his tip prompted the raid.

Andrew Anderson: I liked Maxwell a lot but as soon as Maxwell got that information about Steve Powell, they were up there arresting him.

Dave Cawley: So I asked Ellis if Andrew’s tips in any way contributed.

Ellis Maxwell: There wasn’t anything that, uh, Andrew shared with us that benefited the investigation. Nothing.

Dave Cawley: Still, a detective drove out to meet with Andrew in January of 2012. Andrew’s story changed again. He no longer said Susan’s remains were in Utah.

Andrew Anderson: Susan Powell’s in Idaho, dude. Between Idaho and Washington. That’s where she’s at.

Dave Cawley: Andrew offered yet more names of people who might help find Summer. Some of the people he suggested were incarcerated, others were living on the streets. Tracking them down was not easy, but police did. None had any useful information. One complained that Andrew was “nuts.”

Ellis Maxwell: That’s a, that’s a really good example of depleting your resources and burning up valuable time.

Dave Cawley: Around the start of February of 2012, right around the time Josh killed the boys, police in the city of South Salt Lake served a search warrant at house frequented by one of the people Andrew had named. West Valley detectives caught wind of it. They compared notes with their colleagues in South Salt Lake. At last, they were able to come up with a likely identity for “Summer.”

They took her picture to the prison in Gunnison and showed it to Andrew. He said she was not the right Summer. Enough was enough. Ellis confronted Andrew.

Ellis Maxwell: I, I, I believe I specifically asked him what he wanted out of this. What was he looking for because information he was sharing with us, uh, y’know, wasn’t taking us anywhere. We weren’t gaining any ground. We weren’t getting any evidence. We weren’t getting any information.

Dave Cawley: Ellis wanted to know why Andrew hadn’t come forward with all of the information at the beginning. He asked why Andrew, of all people, would be the source. Andrew did not have good answers.

Ellis Maxwell: Andrew Andersen. Yeah he, he burned up a lot of our time. Umm, and y’know, we had some very frank conversations with him, uh, through that time frame, uh, and eventually, uh, we shut the door.

Dave Cawley: The most Ellis could say was that someone who looked like Josh might have been at Fat Cats in July of 2009 with a blonde woman who went by the name Summer. Or maybe it was all bogus.

Ellis Maxwell: Y’know, it’s kind of ironic that you end up with three leads that are out of the Salt Lake Valley here that involve Josh and, uh, sexual activity. And I think that uh, you’ve got to put a little more weight into that, into those leads because it’s not your traditional lead of, like well for example the Flying J allegations there. Y’know, there was, there was that. That was it.

Dave Cawley: As for Andrew, his trouble with the law continued. Prison records show he was released on parole at the end of 2013. Finally, he could hunt down Summer and get her to talk.

Andrew Anderson: Well the last time I heard from her was 2012, 2013. She’d write me letters and stuff like that. Yeah. Then all of the sudden they stopped, so…. (Laughs)

Dave Cawley: In 2014, Andrew was accused of passing forged checks. It resulted in his parole being revoked for half a year. He got out again at the end of 2015.

Andrew Anderson: Word on the street when I got out, and I tried to relate it to Derryl, was that she overdosed on heroin. Whether that’s true or not, I don’t know. But I’ve not seen her around.

Dave Cawley: Then, in 2017, Andrew was accused of stealing his own brother’s identity in order to rent an apartment. He cut a plea deal and got off with time served. When I talked to Andrew in June of 2018, he told me he was done looking for Summer.

Andrew Anderson: The only ways to do it is to start going to strip clubs and uh, hanging out with escorts and strippers again. And that, I don’t like that so, I’m far beyond that.

Dave Cawley: Andrew expressed a lot of anger over how everything had played out and called West Valley police “idiots.”

Andrew Anderson: It’s just frustrating, man. It really is and I know West Valley feels, or should at least have guilt about and know that they screwed up pretty dang bad.

Dave Cawley: But how much time and effort did the investigators spend on a lead that went nowhere?

Ellis Maxwell: I think they were spun off from information they received from the media and that’s why it’s important for us to have those records sealed. I can only imagine if we didn’t keep those records sealed and all the information in those affidavits was released, we would have probably ended up with thousands of more tips and leads that we would have had’ve, y’know, wasted resources on for nothing.

Dave Cawley: Ellis said they couldn’t ignore Andrew’s tip, just because it came from an inmate.

Ellis Maxwell: It was likely. I mean, it was something that we definitely had to explore and you know what if we would’ve, if we would’ve found some evidence there to, to support any of those or all three of them, ok now we’ve got, y’know, we’ve got a motive. Right? I mean, outside of that, our motive is what? He doesn’t want to go to church? We probably spent a little bit more time on that than what we should have but at the end of the day, y’know, it’s not going to hurt our investigation. You do what you’ve gotta do.

[Ad break]

Dave Cawley: West Valley police were never able to develop solid information to back up any claims of infidelity involving Josh. They even went so far as asking Steve about Summer or Kourtney while he was in prison after Josh killed Charlie and Braden.

Ken Fall (as Steve Powell from July 31, 2012, journal entry): We could not talk Josh into dating. His only concern, his whole life, was his boys.

Dave Cawley: Questions of infidelity in Josh and Susan’s marriage, weren’t just reserved for Josh. West Valley police also had to determine if Susan might have been unfaithful. Three days before Susan disappeared, she typed an email to a male coworker at Wells Fargo Investments.

Kristen Sorenson (as Susan Powell from December 4, 2009 email): I’ve dreamed about at least 5 coworkers since I’ve come here. Some dreams are G, some are PG-13 and one rate X. … It was hard to look at that person for about a month afterwards.

Dave Cawley: Co-workers were not the only ones who crept into Susan’s dreams. Mel Gibson made frequent guest appearances. Most of the dreams were innocuous, but she tended to share with the people who showed up in them, anyway.

Linda Bagley: I really didn’t feel like she realized how much she was turning somebody on, that what she was saying was not maybe the, ‘cause she was just an open book. It didn’t matter if you were a guy or a girl. So when you’re TMI and it’s a guy, it’s going to have a different effect than if you’re TMI and it’s a girl. (Laughs)

Dave Cawley: That’s Linda Bagley, one of Susan’s closest work friends. Linda saw it clearly: Susan had admirers. The attention caused problems.

Kristen Sorenson (as Susan Powell from September 22, 2009 email): I even had a coworker pat my rear while here. I retired those jeans from work that very day.

Dave Cawley: Susan wrote that email in September of 2009. She was always very clear about her commitment to her marriage. Some of her admirers chose not to hear that.

Kristen Sorenson (as Susan Powell from September 28, 2009 email): They got the wrong idea, both here and when I was at Fidelity. I’m learning guys don’t differentiate married or not so you don’t do date like things like going out to lunch.

Ellis Maxwell: She wore her heart and her emotions on her shoulder. She would, uh, if she genuinely cared about you or felt comfortable with you or trusted you — whether if you’re a coworker or a member in her ward or, uh, just a neighbor — she would, she would talk openly with people. Y’know, other people — I won’t single out males — but they may pick up that vibe as being something different, right? “Ah, they’re delivering a message that they’re interested,” right?

Dave Cawley: Ellis Maxwell and the rest of the West Valley major crimes team obtained a year’s worth of Susan’s work emails in March of 2010. There were thousands of messages. They had to create a spreadsheet just to keep track of all of the people in those conversations. Several men stood out from the crowd.

Ellis Maxwell: We weren’t just focusing on Josh we were looking at everything—

Dave Cawley: Yeah.

Ellis Maxwell: —and everybody.

Dave Cawley: Ellis knew he had to talk to these coworkers.

Ellis Maxwell: And y’know, that’s part of investigative work as well is recognizing that and saying “gosh, do I really think this person’s involved? No. Does it look like it? Could there be a probable chance? Maybe.” You’ve got to prove and disprove.

Dave Cawley: The big scandal of 2009 at Susan’s office was the divorce of a woman she worked with and that woman’s subsequent marriage to a coworker. The office romance prompted all kinds of office gossip. For Susan, it led to some reflection about her own thoughts of divorcing Josh.

Kristen Sorenson (as Susan Powell from April 13, 2009 email): If I was separated from Josh, I wouldn’t already be dating. I’d be hanging out with the girls, dealing with lawyers, trying to get and keep custody of my kids.

Dave Cawley: The guy who she sent that email to had joked that Susan and Josh could deal with their marital troubles by buying a copy of the Kama Sutra. Susan’s friend and coworker Amber Hardman told there was zero chance of Susan having an affair.

Amber Hardman: She liked that guys were flirting with her but she said she would never act on it and I believe her. She spent most of her lunch breaks and breaks with me. We’d hang out and walk around the building or go exercise in the exercise room so, I mean, I know she wasn’t spending her extra time at work with these people.

Dave Cawley: Susan’s email exchanges with male coworkers always seemed to return to the topic of her marriage.

Ellis Maxwell: She would make it very clear that she was only interested in Josh. Y’know, though she would share, y’know, her thoughts and her stories and everything else, y’know, it would be followed with, y’know, how much she cared about Josh and their relationship.

Dave Cawley: And yet, one guy in particular caused police concern. His name was Ryan.

Ryan B. (from June 9, 2010 police recording): It’s like I told a friend, I’m like “if they’re talking to me there at the bottom of the barrel again.” (Laughs)

Gavin Cook (from June 9, 2010 police recording): Well, we’re just making sure we didn’t miss anything.

Dave Cawley: Ryan and Susan were former coworkers. When they’d worked together, he sometimes gave her rides home. West Valley detectives interviewed Ryan, more than once.

Ryan B. (from June 9, 2010 police recording): I don’t know, she always referred to me as her sugar daddy because I’d always bring chocolate at work. She was really cool.

Dave Cawley: Susan and Ryan’s friendship had progressed to a point where she privately called him her “back burner husband.”

Ryan B. (from June 9, 2010 police recording): Yeah we, we got along great at work. She was a sweetheart. She was just, she was just uh, yeah, she was great. Umm… (pause) I don’t know. One thing that always struck me are her boundaries. She would tell me things that my wife should tell me.

Dave Cawley: Ryan, like Susan, was married. Privately, Susan figured if they ever both ended up divorced, he was an option.

Ryan B. (from June 9, 2010 police recording): We kept in touch via email and she’s like “do I come across as a flirt?” And I’m like “yes, I think you do more than you know.” (Laughs)

Dave Cawley: Ryan got along with Josh as well as anyone could, but he didn’t respect him much. He knew Josh was a realtor.

Ryan B. (from June 9, 2010 police recording): I would call Josh and ask real estate advice. And then I’d do the exact opposite of what he’d tell me. And I sold my house, go figure.

Dave Cawley: Susan and Ryan fell out of touch for awhile after she gave birth to Braden. Then, in October of 2008, he sent her an email out of the blue. It said, “I miss you.”

I should mention here that I contacted Ryan and asked him to do an interview. He declined. I’m not using his last name out of consideration for his privacy.

Susan responded to Ryan’s 2008 email with a long message all about her troubles with Josh. She also mentioned her dreams.

Kristen Sorenson (as Susan Powell from October 25, 2008 email to Ryan B.): Still having my dreams but lately only the old “jerk ex boyfriend” from junior high and high school appears. Although there has been the intermittent male coworker over here appearing. Just think, that could be you.

Dave Cawley: Ryan told Susan he’d had several dreams about her as well. One, he said, would’ve made her blush. He explained he had a cell phone his wife couldn’t access and said she could call him any time, for any reason. Susan gave Ryan her cell phone number as well.

In another email, Ryan called Susan “my dear.” In a follow-up message, he said she had the right to be happy.

Kristen Sorenson (as Susan Powell from an October 28, 2008 email to Ryan B.): So are you going to make me happy? Problem is, I still love the guy I married. I just don’t know if I’ll ever get that back.

Dave Cawley: Ryan replied that he didn’t want to interfere with what Susan had going, but said “I have always thought you were beautiful.” Susan continued to vent about Josh’s laziness. In April of 2009, she teased Ryan about possibly taking over.

Kristen Sorenson (as Susan Powell from April 11, 2009 email to Ryan B.): So you are saying I’d have to marry you in order to get some work done around the house? Too bad the plural marriage thing is frowned upon now. Maybe services in exchange for the handy work I can’t get Josh to do? Too bad I have a conscience and morals and stuff… dang that.

Ryan B. (from June 9, 2010 police recording): She’d told me that Josh never, ever wanted sex. That, and I told her, generally that’s because he’s looking at porn or he’s cheating on you. (Laughs)

Gavin Cook (from June 9, 2010 police recording): What was her response?

Ryan B. (from June 9, 2010 police recording): Oh no, no, I don’t think that.” But I told her, Generally when a guy doesn’t want it, umm, it’s one of those two factors.

Kristen Sorenson (as Susan Powell from April 11, 2009 email to Ryan B.): Oh if only I had my chocolate daddy to goof off with and influence my naughty dreams. Oh by the way, I did have another one, but sorry, you weren’t the male coworker I dreamed about. … So now you have competition.

Dave Cawley: There was more.

Kristen Sorenson (as Susan Powell from April 11, 2009 email to Ryan B.): Josh stayed out late Thursday night for a computer geek thing, and I asked him how long he thought it’d be, like 6, 9 or midnight and he said “have your boyfriend gone by 9.” And so I said to obviously nobody in the room, “oh did you hear that Ryan? He says we have until 9.”

Dave Cawley: You can just imagine what detectives thought when they first read all of those emails.

Ellis Maxwell: Definitely with that coworker, y’know, he needed to be, uh, talked with and, and ran through a CVSA.

Dave Cawley: Ryan agreed to come in an take the lie detector test at the end of June of 2010.

Ryan B. (from June 9, 2010 police recording): I, I, I don’t think she would be capable of cheating on Josh because, her faith.

Dave Cawley: Ryan spoke candidly. He denied knowing what’d happened to Susan.

Ryan B. (from June 9, 2010 police recording): If she ran off, she would’ve taken the kids. I mean, at the risk of her life, she would have taken the kids.

Dave Cawley: The test showed he was telling the truth.

[Scene transition]

Dave Cawley: No discussion of leads in the Susan Powell investigation is complete without addressing Steve Powell’s theory about Susan running off with Steven Koecher.

Ellis Maxwell: It’s hilarious. It was comical, umm, and how that evolved and developed, I don’t know if it was a combination of Josh and Steve collaborating and going “Look, Josh…”

Dave Cawley: I mentioned this back in episode 9, when describing Steve’s February, 2010 interview with the FBI. He suggested to a pair of special agents that Susan had slipped away to Brazil.

Steve Powell (from February 24, 2010 FBI interview recording): I mean, y’know, that’s one of the reasons I wanted to send this stuff on to the FBI because the FBI has access to passport records, I mean, I assume you do. I don’t know. Maybe you guys don’t have any easier time than the rest of us trying to get information but Josh says she didn’t have a passport and I say she did.

Dave Cawley: Steven Koecher was 30 years old when he vanished from the area of Henderson, Nevada on December 13, 2009. That’s about a week after Susan was last seen at her home in West Valley City, Utah, more than 400 miles from Henderson. A home surveillance camera captured video of Koecher walking away from his car at a cul-desac in the Sun City Anthem retirement community.

Like Susan, Koecher was a practicing member of The Church of Jesus Christ of Latter-day Saints. He’d served a two-year mission for the church in north-eastern Brazil, speaking Portuguese. After his mission, he’d bounced around several jobs in the Salt Lake City area.

Steve Powell (from February 24, 2010 FBI interview recording): Even though he lived in St. George, he didn’t move there until April of, of last year. And before that he worked in Salt Lake City. At one place he was two blocks from where she worked. Y’know?

Russ Johnson (from February 24, 2010 FBI interview recording): Ok.

Steve Powell (from February 24, 2010 FBI interview recording): He worked at the Salt Lake Tribune, she worked at Fidelity Investments.

Dave Cawley: It’s not clear what brought Koecher to the outskirts of Las Vegas, but some have speculated it might have been a job opportunity. Steve Powell had a different take.

Steve Powell (from February 24, 2010 FBI interview recording): Goes down to this area, arranges for a boat, y’know, probably in Boulder City and on the 13th he comes down here, abandons his car in Henderson. Don’t ask me why Henderson and don’t ask me why he abandoned his car. Why didn’t he just — oh no, I mean, God, stupid — I mean, obviously he was trying to make it look like a disappearance, y’know, like the Susan Powell disappearance.

Dave Cawley: Ellis said the coincidence of two people disappearing around the same time deserved attention.

Ellis Maxwell: The Koecher thing, yeah. Steppin’ outside the box looking in, y’know, some people could be like “now this is, this is weird, this is just odd that these two people go missing and there’s a period of time there that it was, y’know, could be very likely.”

Dave Cawley: Steve’s theory was based on a perception of Koecher that was detached from reality. He wrote this in one of many journal entries about the theory.

Ken Fall (as Steve Powell from May 17, 2010 journal entry): Susan has always been attracted to “bad boys.” I sort of visualize Steven Koecher as a “ne’er do well” who carries around a guitar and a skateboard, and who has a college degree by virtue of his parents’ affluence.

Dave Cawley: Steve suggested Koecher might have disguised himself by growing a beard and mustache and putting on a hat. Susan, he said, had probably adopted a “black-haired Latin look” and told the special agents to seek evidence at cosmetology supply stores in Brazil.

Russ Johnson (from February 24, 2010 FBI interview recording): You think they hooked up in West Valley somehow.

Steve Powell (from February 24, 2010 FBI interview recording): I think so.

Russ Johnson (from February 24, 2010 FBI interview recording): Ok.

Steve Powell (from February 24, 2010 FBI interview recording): I really do.

Russ Johnson (from February 24, 2010 FBI interview recording): Alright.

Steve Powell (from February 24, 2010 FBI interview recording): I think so. That’s my surmise.

Gary France (from February 24, 2010 FBI interview recording): Did you run this all by Josh? This theory?

Steve Powell (from February 24, 2010 FBI interview recording): Yeah and again, Josh’s attitude is “hmm, sounds pretty plausible to me.”

Dave Cawley: Josh was only humoring his father. He didn’t buy the Koecher theory at all. Steve conceded as much in his journal.

Ken Fall (as Steve Powell from May 15, 2010 journal entry): Josh had a hard time thinking she would run off with another man. Michael kept reminding me that I’d feel pretty bad if I touted such a theory and later found out she had been raped and tortured for weeks or months. Michael and Josh don’t talk about Steven Koecher much.

Dave Cawley: In August of 2010, Steve wrote that one of his nephews had drawn his attention to the website Reddit, where he saw several interesting AMA or “ask me anything” threads.

One came from a Redditor using the handle Missing-Inaction, who on August 19th of 2010 posted an AMA thread with the title “I faked my own suicide and left the country.” Missing-Inaction claimed to be a man in his late 20s who suffered from depression and fled his life in the U.S., ending up in Peru. Steve supposed Missing-Inaction might actually be Susan. He dismissed the obvious problem that Missing-Inaction was a man.

Ken Fall (as Steve Powell from August 29, 2010 journal entry): I spent so much time last weekend and yesterday reading everything MIA said, most of it in context with the questions posed to her, I have begun to hope I am hearing from Susan finally.

Dave Cawley: Steve took interest in another AMA session as well, where a Redditor described life in Fortaleza, Brazil. That’s exactly where Steve believed Koecher had gone with Susan.

Ken Fall (as Steve Powell from August 29, 2010 journal entry): The person writing, who calls himself Slavishmuffin — I’ll refer to him as SM — Coincidentally Susan’s initials are SMP, or SMK if she has married Koecher, which I also think is a strong possibility, for Susan Marie. So it wouldn’t be too unusual for Koecher to come up with a handle that uses her initials.

Dave Cawley: Steve was really stretching here. The theory continued to grow more elaborate and nonsensical. In an August 2nd, 2011, journal entry Steve wrote:

Ken Fall (as Steve Powell from August 2, 2011 journal entry): Josh found out today that a flight plan is not required for small planes. Susan would have known that tidbit, since her father Chuck Cox works for the FAA. I suggested months ago that investigators check flights out of Lake Havasu and since Steven Koecher was in that area the day before he disappeared. And of course I believe Susan is with him. It also occurred to me today … that maybe Chuck Cox himself picked Susan and Koecher up at one of those airports.

Dave Cawley: Ellis Maxwell contacted police in St. George, Wendover and Henderson, all cities tied to the Koecher case. The agencies compared notes. They created a timeline that showed Koecher was in St. George — 300 miles away from West Valley — on the day of Susan’s disappearance.

Ellis Maxwell: So yeah, kudos to Steve bringing that up. Great, thank you. Y’know, I ran that lead down with some of my peers and again, y’know, I wasn’t expecting to find anything but I was hopeful, y’know. Maybe, maybe there is a chance that Mr. Koecher and her eloped but, umm, no. Nothing came of it.

Dave Cawley: Just to be sure, they compared phone records and found no contacts between Koecher’s number and Susan’s.

Ellis Maxwell: But it was, uh, it was, it was definitely helpful because that could’ve been another red herring and now it’s been put to bed and we can focus on Josh.

Dave Cawley: On the next episode of Cold.

Wayne Pyle (From May 20, 2013 KSL TV archive): We are announcing the end of the active phase for the search for Susan.

Cold season 1, episode 15: Fall of the House of Powell – Full episode transcript

Dave Cawley: Steve Powell couldn’t cope. News of his daughter-in-law’s disappearance down in Utah had thrown his entire world into disarray. On December 12, 2009, he wrote this in his digital journal.

Ken Fall (as Steve Powell from December 12, 2009, journal entry): Last night when I got home Michael and Alina told me that Josh was freaking out now. Evidently, they found blood in the entry way of his house and are checking that out. … Michael and I were tentatively planning to go down to Utah next Friday or Saturday. He wanted us to leave within the hour. I was tired. I am emotionally drained. I told Michael I could not do that. He said he would go with Alina.

Dave Cawley: Michael and Alina departed for Utah on December 12th. West Valley City police had their first interaction with Michael five days later, when they served their third search warrant at the Sarah Circle house.

On the night of December 21st, Michael and Alina were headed back home to Washington when they pulled off of I-84 in Baker City, Oregon. They’d stopped just north of the intersection of Elm and Indiana. Something was wrong with Michael’s Ford Taurus. Alina called AAA. She wanted a tow all the way to Pendleton, almost 100 miles away. She and her brother had a reservation at the Motel 6 there. 

It was snowing over the Blue Mountains. AAA called a few of the tow shops in the region but all were either too busy or unwilling to brave the storm.

Ken Fall (as Steve Powell from December 21, 2009, digital journal entry): Michael called from Baker City, Oregon, to tell me that his transmission had gone out, that the gears had quit engaging. Fortunately, they were a quarter-mile from a motel, and were able to secure lodging.

Dave Cawley: Just before 10 a.m. the next morning, Alina called AAA again. She again insisted on a tow for herself, her dog and her brother Michael to Pendleton. The dispatcher warned Alina that was a 97-mile tow. It would result in over-mileage charges. And there were auto shops in La Grande, which was only half the distance. Alina replied she was broke and couldn’t afford repairs or the additional charge but she had to get to Pendleton that day.

AAA made it happen. M.J. Goss Motors in La Grande sent a driver to Baker City, where he picked up Michael and Alina. Then, they rode all the way to Pendleton, and dropped Michael’s Ford Taurus at Lindell Auto.

This is Cold, episode 15: Fall of the House of Powell. I’m Dave Cawley.

[Ad Break]

Dave Cawley: Michael was in many ways the brightest of the Powell children. When he was 18, he flew to Europe alone to spend several months backpacking. At the time in June of 2000, Steve wrote this about his youngest son.

Ken Fall (as Steve Powell from June 18, 2000, journal entry): Michael was always quiet, happy and contemplative as a child. He was the complete opposite of a hyperactive child. And he still is that way. There is always something very deep going on behind those eyes.

Dave Cawley: Two years later, in October of 2002, Michael enlisted in the U.S. Army. He trained in human intelligence, learned Korean at the Defense Language Institute and was eventually stationed at Menwith Hill in England, a hub in the United States’ electronic surveillance network. Michael’s next duty station was in Seoul, South Korea. In a later letter, Steve told Michael how that military service had affected him.

Ken Fall (as Steve Powell from July 23, 2012, letter to Michael Powell): I worried about you throughout your military career, and other parents’ losses were felt more deeply because I knew, I was exposed to the possibility of similar loss.

Dave Cawley: Michael received an honorable discharge from the Army in 2007. The next year, he ran for a seat in the Washington legislature. He prevailed in the primary but failed to win the general election.

Ken Fall (as Steve Powell from July 23, 2012, letter to Michael Powell): I worried when you ran for state legislature, that the hiatus might derail your academic career.

Dave Cawley: Michael received a two-year degree in intelligence operations from Cochise College in Arizona before graduating from the University of Washington with a four-year degree in International Studies in 2009. The University of Minnesota accepted Michael into a PhD program in early 2010. That September, Michael bought a condo at 431 South 7th Street in Minneapolis. He moved away from Washington for good.

Ken Fall (as Steve Powell from July 23, 2012, letter to Michael Powell): Now I worry that you won’t get the respect you deserve, or that you’ll work so long and hard that you’ll burn out before you reach your goal. I worry and wonder about how you’ll best use your credentials once you have them.

Dave Cawley: Michael’s move to Minnesota kept him away from the eyes of police, until August of 2011. During Operation Tsunami, police repeatedly overheard Josh talking to Michael on the wiretap. Detective Ellis Maxwell wouldn’t tell me what they discussed, but court records show Michael often warned his brother police were likely eavesdropping. They would move their conversations to encrypted emails.

Ellis Maxwell: We later discovered that he was using a voice over IP phone number to check his voicemail. So y’know, this is, it wasn’t uncommon for him to, uh, engage in conversation through, y’know, encrypting an email or using a voice over IP phone number.

Dave Cawley: VOIP calls travel over the internet. Like emails, they can be encrypted.

Ellis Maxwell: And he was doing this even clear back, the day before Susan went missing, and the day of. 

Dave Cawley: At the start of September 2011, West Valley police worked with the DEA and federal prosecutors to subpoena Michael’s cell phone records surrounding the time of Susan’s disappearance. Those records showed Michael typically made and received several calls a day. But after getting a spam call on Friday, December 4th of 2009, his phone went dark. There were no calls on December 5th or 6th. On the afternoon of December 7th, the day of Susan’s disappearance, Michael checked his voicemail, right around the same time Josh was coming off the Pony Express Trail. 

Then, his phone went dark again until the afternoon of December 12th of 2009, as he was driving to Utah with Alina. This change in behavior seemed curious. Then, police found Michael’s car in Pendleton.

Detective Ellis Maxwell: Made him very suspicious, and that led to us following up with him more and going to Minneapolis and trying to talk to him.

Dave Cawley: A detective and lieutenant flew to Minneapolis in October of 2011 to interview Michael. They caught him by surprise. Warrant affidavits later filed in court revealed the police asked Michael about the whereabouts of his Ford Taurus. Michael said the car had broken down in Pendleton awhile back. He didn’t volunteer that it had actually broken down nearly 100 miles away in Baker City or that he’d sold it for just a hundred bucks in the apparent hope that it would be destroyed.

Detective Ellis Maxwell: He wouldn’t answer any questions and he straight told ‘em, like, even if he thought that his brother was involved he wouldn’t tell us anything.

Dave Cawley: The lieutenant warned Michael that could be viewed as obstructing the investigation. It could put his PhD program at risk. Worse yet, Michael might face charges himself. This appeared to rattle Michael.

Two months later, he went to the website for a satellite imaging company in Colorado called Apollo Mapping. He entered his name, phone number and email address into a contact form, along with the message “I am looking for an aerial photo of Pendleton, Oregon taken in October 2011 or later.”

The company responded, saying its most recent image available dated back to August. Michael said that wasn’t recent enough. It had to be October or later.

Ellis Maxwell: It is interesting that they went 100 miles north to dispose of it and then him being concerned why it wasn’t smashed and looking for satellite imagery.

Dave Cawley: Michael’s car hadn’t yielded the break Ellis had hoped it would. Once the Taurus was back in Utah, detectives tore out the trunk carpet and found hair.

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

Dave Cawley: It seemed to suggest Michael might have transported Susan’s body in the trunk of his car, then trashed the car to get rid of the evidence. Police sent the the hair and swabs from around the trunk to Utah’s state crime lab.

Ellis Maxwell: When that was done and we had a full DNA profile, the lab called me and I went down and, and sat with them and I had butterflies. Umm, I was excited, I was nervous but then again I was skeptical, I mean, again because, y’know, is this going to be another swift kick in the guts? And at the end of the day, it was. It wasn’t her profile.

Dave Cawley: The hair had not come from Susan. That setback didn’t quell suspicion about Michael. 

In November of 2011, West Valley police obtained federal warrants for pen register and trap-and- trace devices on Josh and Michael internet connections. That allowed them to see the IP addresses related to Josh and Michael’s online activities.

[Scene transition]

Dave Cawley: Detectives reading through Steve Powell’s digital journals started to notice some interesting entries regarding Josh and Michael 

In one, dated January 4th of 2010, Steve talked about Josh and Michael’s plan to drive a U-Haul to Utah, so Josh could empty out the Sarah Circle House.

Ken Fall (as Steve Powell from January 4, 2010, journal entry): He is concerned that when he goes to Utah the press will begin hounding him again. He is also worried that the police will harass him and maybe arrest him.

Dave Cawley: While the Powell brothers were in Utah, Josh went to the office of attorney Thomas E. Nelson in Salt Lake City. He was there to make changes to the trust he and Susan had formed 11 months earlier.

Ken Fall (as Steve Powell from December 23, 2009, journal entry): He had been talking about his life insurance, as he had hinted at before, with direct reference to his own demise.

Dave Cawley: Josh had hinted at his own suicide two years before it happened. Susan had been missing for barely a month, but Josh was already obsessed with keeping her parents away from the boys. He asked his dad to serve as Charley and Braden’s surrogate parent, if he were to be arrested or worse.

Ken Fall (as Steve Powell from December 23, 2009, journal entry): I told him I did not know if I was up to the responsibility, and told him to work hard to make sure he is exonerated, so that the kids will have their father.

Dave Cawley: In its original form, the trust called for Chuck Cox and Michael Powell to serve as co-trustees, in the event both Josh and Susan were incapacitated.

Kenn Fall (as Steve Powell from December 23, 2009, journal entry): He wants us to keep them active in the church, so that I will have the local LDS congregation behind his decision to give me custody, should something happen to him. … If I am taking the kids to church, they will not mobilize their resources against me, in his mind.

Dave Cawley: On that day in early January 2010, Josh made an amendment to the trust, removing Chuck Cox. Under the amendment, Michael would become the sole trustee if something were to happen to Josh. The change required both Josh and Susan’s signatures. But Josh signed for Susan, using the power of attorney she’d granted him.

Fast forward to the start of October of 2011. Steve had just been arrested and the kids seized by the state of Washington. Josh immediately met with a New York Life agent in Tacoma and signed paperwork changing the beneficiaries on his life insurance. He removed the trust that he’d formed with Susan. And in its place, listed Michael and Alina in a 50-50 split.

Eric Openshaw (as Josh Powell from December 3, 2011, letter to Michael Powell): It is part of a paper trail to show my intentions. You, Alina, John, and Dad are my intended beneficiaries according to my forms.

Dave Cawley: On December 3rd of 2011, Josh changed the distribution again. He set the pay-out to 93% for Michael, 4% for Alina and 3% for his brother John. He sent Michael this hand-written letter explaining the changes.

Eric Openshaw (as Josh Powell from December 3, 2011, letter to Michael Powell): I know you don’t want the money so I am trusting that you will use it for my sons if the need were to arise. I have decided that Alina may not be financially responsible enough for that duty. Plus, if she was taking care of my sons, you would need to provide the financial oversight.

Dave Cawley: Josh called Alina the best possible caretaker for Charlie and Braden, aside from himself.

Eric Openshaw (as Josh Powell from December 3, 2011, letter to Michael Powell): I am not forwarding these forms to Alina or John because I don’t want them to feel bad for having such a small share. I just don’t want them to squander the money. John will totally understand, I’m sure. I obviously trust Alina, but she needs to learn job skills. She’ll learn them better by having less money available to her.

Dave Cawley: Michael was the only person Josh trusted without condition.

Eric Openshaw (as Josh Powell from December 3, 2011, letter to Michael Powell): I love you all equally even if these percentages aren’t equal.

Dave Cawley: Josh’s letter to Michael came as he was in the middle of that custody fight with Susan’s parents. It was early December, and he still believed that he would prevail.

Eric Openshaw (as Josh Powell from December 3, 2011, letter to Michael Powell): My attorney is very positive about the situation. He feels my rights are being severely trampled so it is only a matter of time before we can start to force some moves.

Dave Cawley: Yet, Josh didn’t know police had found those incestuous cartoon images on his computer. Then, on the day after that fateful court hearing on February 1st of 2012, Josh mailed Michael keys to his storage unit and several letters granting his brother full ownership of his personal property. That included his computers and hard drives, which were still in the hands of police.

Eric Openshaw (as Josh Powell from February 2, 2012, letter to Michael Powell): I specifically grant you full ownership and rights to negotiate and obtain my property from the police department when the time comes.

Dave Cawley: There was more.

Eric Openshaw (as Josh Powell from February 2, 2012, letter to Michael Powell): I irrevocably grant you full ownership and rights in all of my intellectual property to include, but not limited to: my name and likeness, my story, my software, websites and databases which I have created.

Dave Cawley: Three days later, Josh did the unthinkable.

On February 13th of 2012, as Susan’s family was burying Charlie and Braden at the Woodbine Cemetery, Steve Powell filed a “notice to law enforcement authorities” with the Pierce County Superior Court. It notified West Valley police, the FBI and any “Utah law enforcement” that Steve was asserting his right to remain silent about Susan. 

The very next day, on Valentine’s Day, Michael and Alina contacted New York Life to lay claim to their brother’s life insurance.

[Scene transition]

Dave Cawley: Michael and Alina’s play for Josh’s insurance put New York Life in a difficult spot. If the company paid out on Josh’s policy to his siblings, it would likely face a lawsuit from Susan’s family. Because Susan wasn’t dead in the eyes of the law, she could arguably still come forward and assert a claim on the money through the trust.

On the other hand, if New York Life denied Michael and Alina’s claims, the Powell’s were likely to sue. 

So, on March 3rd of 2012, New York Life filed what’s known as an interpleader lawsuit. It essentially asked the federal court in Tacoma to decide what should happen with the money. The lawsuit called into question all of the changes Josh had made to his beneficiaries, due to concerns about his mental state.

Everyone got served: Steve, Terri, John, Michael, Alina, Chuck, Judy, Susan’s estate, the trust and on and on. Beneficial Life, which also held a half-million dollar policy in Josh’s name joined in on the suit as well.

[Scene transition]

Dave Cawley: The RCFL continued to uncover clues about Michael, like this Steve Powell journal entry from April 22nd of 2010.

Ken Fall (as Steve Powell from April 22, 2010, journal entry): This evening Josh was recording his voice on the version of “Susan with the Sunlight Hair” I arranged for him. Where the chorus goes “Susan with the starlight, Susan with the moonlight, Susan with the sunlight hair,” Michael substituted “Susan with the nappy, Susan with the mangy, Susan with the unkempt hair.” … He had me laughing so hard, I had to have him leave my studio.

Dave Cawley: The RCFL also found pictures on that hard drive police had seized from Josh’s safe deposit box. Josh had snapped the photos during a drive between West Valley and Puyallup in May of 2010.

For some reason, he’d stopped along I-84 a bit north of Ontario, Oregon and short of Farewell Bend. West Valley detectives identified the exact spot in and went to search alongside the freeway on May 2nd of 2012. They didn’t find anything. Why Josh shot that picture remains a mystery.

[Scene transition]

Dave Cawley: About a month after the fire, police went back to the U.S. District Court to ask for a search warrant, this time targeting Michael’s University of Minnesota internet traffic. The warrant sought all emails sent and received by Michael since August 16th of 2011, the first day of the wiretap from Operation Tsunami.

Meantime, in Washington, Steve’s defense team tried to convince Pierce County Superior Court Judge Ronald Culpepper that West Valley’s search of Steve’s home had been illegal. They wanted all of the evidence tossed.

Mark Quigley (from April 23, 2012 KSL TV archive): This is an exploratory search. In my judgement, this is a fishing expedition under the guise of searching for journals that were written over 12 years ago.

Dave Cawley: But of course, it was Steve himself who had gone on national television the prior summer to declare the journals important evidence in the case. The youngest of the Powell children, Alina, defended her father.

Alina Powell (from April 23, 2012 KSL TV archive): I do believe that he should be released from jail and I believe that based on the conduct of police, that there has been a lot of illegal hanky-panky going on and frankly that suggests that if they’re willing to go so far as to get a “warrant,” who knows how far they’re willing to go to try and back that warrant up.

Dave Cawley: Culpepper ruled, the probable cause supporting the search warrant had been valid.

Ronald Culpepper (from April 24, 2012 KSL TV archive): I think these facts offer a very reasonable inference and something that would warrant a person of reasonable caution in finding probable cause to believe that Joshua Powell, the subject of the investigation, was involved in the disappearance and very likely the death of Susan Powell.

Dave Cawley: Alina didn’t like that at all.

Alina Powell (from April 24, 2012 KSL TV archive): I empathize with his decision because he has to base it only on the four corners of the affidavit, I understand that. However, there is exculpatory evidence that was not put into the affidavit, so I actually disagree with the overall concept on that point.

Dave Cawley: While Alina arguing on behalf of her father, West Valley police obtained a subpoena for her AAA records. They learned all about the stop she and Michael had made in Baker City and their long tow to Pendleton. Detectives identified the tow driver and went to interview him. The tow driver, who declined to be interviewed for this podcast, told Ellis Maxwell Michael hadn’t said much during that long drive.

[Scene transition]

Steve Powell’s trial began the second week of May.

Sandra Yi (from May 8, 2012 KSL TV archive): This morning, Powell waved and smiled at his daughter Alina, who sat in the back of the courtroom. Denise Cox was there, too. She said she’ll attend the trial with the hope that Powell will end his silence.

Denise Cox (from May 8, 2012 KSL TV archive): The journals are helping with the voice of Susan and it links to how sick of a person he is.

Sandra Yi (from May 8, 2012 KSL TV archive): Cox wants to the jury to see excerpts from Powell’s journals, which talk about his obsession with Susan. Prosecutors say the writings show a pattern of voyeurism. Powell’s attorney say the journal entries aren’t relevant to the case.

Dave Cawley: Judge Culpepper issued a ruling excluding from evidence Steve’s voyeur photos of Susan, as well as seven of eight passages from Steve’s journals.

Sandra Yi (from May 8, 2012 KSL TV archive): His decision is a blow to the state. Susan Powell’s sister wasn’t happy. She left the courthouse without talking to reporters.

Dave Cawley: The seven excluded excerpts all had to do with Susan, like this one.

Ken Fall (as Steve Powell from March 11, 2004 journal entry): I am a voyeur, and Susan is an exhibitionist. … I like having the camcorder on all the time when she is around because I want to record every possible move she makes and every inch of skin she reveals to my lustful eyes.

Dave Cawley: The one passage Culpepper did allow, said this.

Ken Fall (as Steve Powell from August 17, 2004 journal entry): I enjoy taking video shots of pretty girls in shorts and skirts, beautiful women of every age.

Dave Cawley: In another blow to the prosecution, Culpepper tossed out the child pornography charge. His reasoning was that Steve hadn’t directed those young neighbor girls to pose or act in an explicit fashion. The charge, he said, didn’t fit with the language of Washington’s criminal statute. So, deputy prosecutors Grant Blinn and Bryce Nelson had to make the case mostly on the images of the two neighbor girls.

Bryce Nelson (from May 9, 2012 KSL TV archive): They showed the girls nude, taking a bath, using the bathroom or changing clothes. The images repeatedly zoomed in on the genital area of the two girls.

Sandra Yi (from May 9, 2012 KSL TV archive): A detective with the Pierce County Sheriff’s Office drew a picture of Powell’s home which is next to the victim’s house. He also described the pictures of the girls as they were shown to the jury. He says there were so many pictures, he recognized the girls when he went to talk to their mother about them.

Gary Sanders (from May 9, 2012 KSL TV archive): I got out of my vehicle and I immediately recognized victim number one, and then I could tell victim number two.

Dave Cawley: Steve’s attorneys, Mark Quigley and Travis Currie, staged the best defense they could, all things considered.

Travis Currie (from May 15, 2012 KSL TV archive): It’s not about what you feel. It’s about what you know.

Sandra Yi (from May 15, 2012 KSL TV archive): Steven Powell’s attorney told the jury to take away the emotion and decide the case based on the evidence, evidence they said is lacking. Travis Curry said there’s no proof Powell took the photos or that he did it for sexual gratification.

Travis Currie (from May 15, 2012 KSL TV archive): There are people who are nosy, who like to spy on their neighbors.

Sandra Yi (from May 15, 2012 KSL TV archive): He said the thousands of pictures of other girls on the disc support that theory.

Travis Currie (from May 15, 2012 KSL TV archive):  If somebody liked to look at pictures of naked pre-pubescent girls, wouldn’t there be lots of pictures of naked pre-pubescent girls?

Grant Blinn (from May 15, 2012 KSL TV archive):What is the defense? There’s no more naked kids on the disc? That’s the defense? Really?

Sandra Yi (from May 15, 2012 KSL TV archive): Prosecutors fired back, saying the evidence speaks for itself. They said the images were tied to a video camera found in Powell’s bedroom. The disc also contained pictures of Powell naked, urinating and performing sex acts on himself.

Grant Blinn (from May 15, 2012 KSL TV archive): That speaks volumes to you as to who it was that filmed the girls in this case.

Dave Cawley: On May 16th of 2012, the jury returned its verdict.

Ronald Culpepper (from May 16, 2012 KSL TV archive): We the jury find the defendant guilty… guilty… guilty.

Dave Cawley: On all 14 counts. Steve didn’t so much as flinch. Detective Gary Sanders, who you just heard testifying on the stand during the trial, wasn’t surprised.

Gary Sanders: Kind of interesting that, element that, he, he, y’know, found guilty. Didn’t take much for that. I think the judge at the time called him the “ultimate creepy neighbor” and that’s what he was. He just videotaped everybody.

Dave Cawley: Ellis Maxwell had also taken the stand, to explain how police knew the pictures came from Steve’s camcorder. The legal wrangling in the voyeurism case against Steve only underlined how messy he would’ve made a murder trial against Josh.

Ellis Maxwell: He is an individual that you would have to prove or disprove his involvement in this particular case. If you did not, then myself up on the stand — y’know, sure wish I had that opportunity with Josh and that was the goal — I would’ve been torn apart by a defense attorney because they easily could have pointed the finger at Steve and used him as a scape goat, for sure.

Dave Cawley: Judge Culpepper had kept Susan’s name out of the trial, but that didn’t stop her family from declaring victory.

Sandra Yi (from May 16, 2012 KSL TV archive): 

News Archives: Susan’s family says it’s justice for the two young girls, justice for Susan, too.

Denise Cox (from May 16, 2012 KSL TV archive): In the end, my sister’s vindicated on all the accusations he had against her about being promiscuous and being sexual.

Sandra Yi (from May 16, 2012 KSL TV archive): 

News Archives: Denise Cox says Powell got what he deserved.

Dave Cawley: Steve’s youngest child, Alina, saw it differently.

Alina Powell(from May 16, 2012 KSL TV archive): My family was automatically convicted two-and-a-half years ago.

Sandra Yi (from May 16, 2012 KSL TV archive): 

News Archives: Alina followed the trial closely, sitting in the back and taking notes. After the verdict, she sat inside the courtroom, crying. She talked about her loss in what she called a complicated situation even she doesn’t understand.


Alina Powell(from May 16, 2012 KSL TV archive): I’ve lost a sister-in-law, a sister, a brother, two darling nephews, and a great father.

Dave Cawley: After the verdict came down, Alina launched a website titled “West Valley and Pierce County Malfeasance.” She claimed the criminal investigation had amounted to illegitimate harassment of her family and abuse of authority. 

She also said police had “misrepresented Susan’s writings in bad faith” and that Susan had felt perfectly comfortable around Steve.

[Scene transition]

Dave Cawley: Social worker Elizabeth Griffin-Hall’s frustrated call to dispatch on the day Josh killed boys ignited a firestorm of criticism when the Pierce County Law Enforcement Support Agency released the recording to the media. The agency reprimanded communications officer David Lovrak, who’d handled that call.

John Hollenhorst (from April 19, 2012 KSL TV archive): The letter of reprimand to Lovrak notes quite a bit of confusion on your part and said there appeared to be many red flags that were stated by the caller. Lovrak’s supervisor wrote in the letter that he should have asked certain questions to clarify the situation, instead of making assumptions and not listening carefully. Shortly after the tragedy Lovrak expressed his personal regret on NBC Dateline.

Dave Cawley: Lovrak, I should note, owned up to his role in the tragedy. He now works to train other dispatchers about what he calls “compassion fatigue.”

Charlie and Braden’s deaths also triggered an inquest at the Washington Department of Social and Health Services. DSHS convened a review board.

James Manley: There’s a law that says everything becomes transparent. And, in fact, I believe there was a webpage dedicated to this and all the discovery — which means the notes, the emails, my report, all the stuff — was on the web for everyone to see.

Dave Cawley: James Manley, the forensic psychologist who’d evaluated Josh’s parenting skills and recommended the psycho-sexual evaluation was himself working through what had happened.

James Manley: I think profoundly was my conclusion and coincidentally the last telephonic message to his attorney, is that he could not live without his children. That said, when he was apparently faced with a psychosexual evaluation, he did not know what to do and he could not even think about living without his sons. So he decided to end their lives.

Dave Cawley: The review board declined to say if the police, courts or social workers could have prevented the murders of Charlie and Braden. The board did suggest a lack of domestic violence training and complex “jurisdictional issues” between Utah and Washington had contributed.

Chuck Cox: They just were trying to stay away from the media, stay away from stuff and trying get rid of this as fast as they could, regardless of what was safe for the boys, the right thing for the children. So they didn’t the children’s best interest in mind, they had their self-interest in mind.

Dave Cawley: The board didn’t agree with that assessment from Chuck Cox, saying instead the social workers had demonstrated “the highest concern for the children’s health, safety and welfare.” But, the board also said that in future dependency actions involving a parent who is under criminal investigation, social workers ought to consult with case detectives before making any changes to visitation.

The DSHS files included all of the emails and reports authored by the social workers. Chuck couldn’t believe what he read. He made up his mind. He was going to sue DSHS and the social workers.

Chuck Cox: And that’s why we went ahead, when I found out about the emails between Forest and her boss and the social worker who was investigating and all that stuff that went on, I went “ok, no no. We’re going after all of them.”

Dave Cawley: I’ve made multiple attempts to contact the social workers who handled the Powell case and get their perspectives. Those overtures have all gone unanswered. I went so far as to submit written questions to Washington’s Department of Children, Youth, and Families in 2018. I received no response.

Chuck had obtained a copy of Steve and Terri’s divorce decree shortly before the murder-suicide. He found himself stunned over what the social workers had known about Josh’s past.

Chuck Cox: Well I didn’t know much about Josh until I read his divorce proceedings of his parents. That was like “oh my gosh, what are we dealing with here?” But after reading that, I’m going “wow, this guy was raised with no rules. He’s always right. Nobody’s ever challenged him. And when he is challenged,” yeah, it kind of made some more sense of what was going on in the family.

Dave Cawley: For the first time, Chuck could see a direct link between how Steve had treated Terrica and how Josh had treated Susan.

Chuck Cox: Matter of fact, if you look at the divorce proceedings from Steve’s things, the same words Steve was using against Terri, he was using against Susan. The exact same words.

Dave Cawley: It brought into sharp relief Josh and Susan’s decision to move away from Puyallup a decade earlier, when they’d taken that job managing a retirement center in Yakima.

Chuck Cox: They moved away to get away from dad. And Josh knew that was to get away from his dad and he was fine with that. And for awhile it was seemed to be working better.

[Scene transition]

Dave Cawley: Chuck also found himself busy during the summer of 2012 trying to make sense of the financial mess Josh had left behind. He asked Bank of America for a statement on the mortgage for the Sarah Circle house. To his surprise, he learned Josh had taken his name off of the mortgage before the murder-suicide, leaving Susan’s alone. Not only that, but Josh had also listed Susan’s mailing address as the Orchard Park retirement center in Yakima, where they’d lived in 2003 before moving to Utah. Chuck couldn’t figure out why Josh would’ve picked that address. Then he remembered something.

Josh once had keys to facility, he knew the schedule and had kept personal items in the unfinished storage area. Chuck asked the current property managers if he could take a look around and they agreed. Chuck went through the storage area that was framed but not finished. Black plastic sheets covered the dirt floor. Scattered pieces of drywall were nailed to some studs. In a back corner, he came across a piece of soft earth. His imagination started to work. He wondered if Josh might have dismembered Susan, placed the pieces of her body into plastic bags, then buried them beneath what would someday become a concrete floor.

Chuck emailed his thoughts to West Valley police. Ellis Maxwell, in turn, got in touch with the Yakima County Sheriff’s Office. They sent a cadaver dog over to search the Orchard Park storage area, but found nothing out of the ordinary.

[Ad break]

Dave Cawley: In June of 2012, Steve Powell received a sentence of 30 months confinement. He left the Pierce County Jail and headed to prison in Shelton, Washington. No sooner had he arrived, than his glasses broke. He was so desperate to read and write that he fashioned a makeshift monocle out of a clear packet of toothpaste.

Steve started work on a novel, a piece of what he called historical fiction.

Ken Fall (as Steve Powell from July 29, 2012 letter to Michael Powell): I have almost 150 hand-written pages so far. … Since it is about Joseph Smith and Mormon history, I have a lot of details at my command, even though I have no reference works.

Dave Cawley: Steve hoarded paper, writing on any free scrap he could collect. He kept Michael and Alina apprised of his progress in frequent letters, like this one dated July 29, 2012.

Ken Fall (as Steve Powell from July 29, 2012 letter to Michael Powell): When you have all the time in the world and can’t see much you do a lot of thinking. And that’s why I got going on a novel. So [expletive] them. They treat me like an animal in a cage, and I evolve my other faculties and become super human.

Dave Cawley: A couple of days later, Steve wrote a “personal log” about a visit from FBI Special Agent Sonja Nordstrom and a man from the Department of Defense named Shamus.

Ken Fall (as Steve Powell from July 31, 2012 journal entry): Shamus said he believes Michael knows something but won’t talk. He made veiled threats related to the funding of Michael’s PhD program. He sort of described Alina as a crackpot with her laughable website and theories. … I am worried they will try to do something to harass my kids more, since I unfortunately allowed them to see that as my hot button.

Dave Cawley: This guy, Shamus, he wasn’t from the department of defense, he was police detective Darrell Dain. Dain later wrote that Steve’d gone into a rage when they touched on the topic of Alina and demanded to be returned to his cell. Shamus also told Steve that Michael might go on a rampage, just like James Holmes. Days earlier, Holmes had carried out a mass shooting at a movie theater in Aurora, Colorado, killing 12 people. Prior to the shooting, Holmes had studied neuroscience. Not all that different from Michael work in the field of cognitive science.

In August, Steve moved from Shelton to the Twin Rivers Unit at the Monroe Correctional Complex. 

Like Chuck, Steve started to think about suing over the deaths of his grandsons. He wrote a draft of a wrongful death lawsuit by hand. It sought 20 million dollars for Josh, and 10 million each for Charlie and Braden.

Ken Fall (as Steve Powell from October 24, 2012 lawsuit complaint draft): The agencies I will file claims against include but are not limited to the following. One, West Valley City, Utah and its police department. Two, Pierce County, Washington and its sheriffs department. Three, Washington State, attorney general’s office and DSHS. Four, Federal Bureau of Investigation. Five, the U.S. Marshals Service.

Dave Cawley: In a letter to Alina, Steve explained he was also appealing his conviction.

Ken Fall (as Steve Powell from December 16, 2012 letter to Alina Powell): I don’t think the majority of people see this as anything other than a smear campaign against me. It will eventually bite these agencies in the ass, big time.

Dave Cawley: Prison life did have its moments of humor. Steve told Alina he’d become somewhat famous.

Ken Fall (as Steve Powell from August 10, 2012 letter to Alina Powell): A whole gang of Mexicans came in a week or two ago… The other day on my way to the yard, I think it was one of these homeys who yelled at me “where’s Sarah Palin?” Apparently he confused her with Susan Powell.

Dave Cawley: Steve granted Alina power of attorney and tasked her with taking care of his home and finances. Alina drew out her father’s savings and maxed her credit card in order to pay the mortgage.

[Scene transition]

Dave Cawley: Michael stayed in touch with his dad, but kept his physical distance. He remained in Minneapolis. West Valley detectives hadn’t given up the chase. They used federal subpoenas to get Michael’s financial and phone records. They obtained court permission to monitor his internet traffic. In August of 2012, they found that email exchange he’d had with Apollo Mapping the prior December.

Detective Darrell Dain immediately reached out to Katie Nelson, one of Apollo’s co-owners.

Katie Nelson: He called me and wanted to discuss my interaction with Powell and to see if I could sort of try and figure out exactly what he was looking for, I mean more specific what he was looking for. Uh, be more specific about what he was looking for.

Dave Cawley: Katie has never publicly shared her part in the story.

Katie Nelson: No, you were the first person who’s ever contacted me about it.

Dave Cawley: Really?

Katie Nelson: Yeah.

Dave Cawley: Wow.

Katie Nelson: I know.

Dave Cawley: At the time in 2012, Katie wasn’t too familiar with the Susan Powell case.

Katie Nelson: Yeah, I hadn’t really paid that much attention to the original incident other than hearing about it and thinking “well, that’s terrible.” And that was about it. So I kind of was like jumped into the middle of something without understanding really what was going on and why it was important and sort of what he was trying to accomplish with this imagery.

Dave Cawley: Michael’s request for a satellite image of Pendleton, Oregon the prior December hadn’t struck her as odd.

Katie Nelson: When he contacted me I just thought he was just a normal guy and there was nothing weird about our interaction.

Dave Cawley: But of course, she had no way knowing then just what Pendleton meant to Michael.

Katie Nelson: We get people looking at crop circles. We get totally crazy people looking for aliens or a red ball over Houston. Umm, y’know, we get just all kinds of nutters, but then this one is, is not, not like that but it definitely falls into the category of a strange thing to happen to you.

Dave Cawley: Detective Dain had an idea. He wanted Katie to call Michael back and tell him new imagery had come available.

Katie Nelson: And in this case, I was like “I hope I can help you, I hope I can give you more information and get something out of him” but also going into it knowing that that might not happen. So it’s like a sort of pressure where you know you’re probably going to fail. And it was very cloak and dagger, except Dain was a super nice guy.

Dave Cawley: Darrell traveled to Boulder and met with Katie on September 4, 2012. He rolled tape as she called Michael.

(Sound of phone ringing)

Michael Powell (from September 4, 2012 phone call recording): Hello?

Katie Nelson (from September 4, 2012 phone call recording): Hi, is this Michael?

Michael Powell (from September 4, 2012 phone call recording): Yeah.

Katie Nelson (from September 4, 2012 phone call recording): Hey Michael, this is Katie calling from Apollo Mapping. You had contacted me a couple months ago about some satellite imagery?

Michael Powell (from September 4, 2012 phone call recording): Yeah.

Katie Nelson (from September 4, 2012 phone call recording): Yeah, and you had wanted to know if there was anything more recent whenever we got something in of your area.

Michael Powell (from September 4, 2012 phone call recording): Oh, ok. Yeah.

Katie Nelson (from September 4, 2012 phone call recording): Yeah, we just got something a month or two ago from June of the area you were interested in.

Michael Powell (from September 4, 2012 phone call recording): Pendleton, Oregon.

Katie Nelson (from September 4, 2012 phone call recording): Of Pendleton, of the same area. And I was wondering if you would still be interested in that.

Dave Cawley: Michael hesitated. Katie tried to keep him on the hook.

Katie Nelson (from September 4, 2012 phone call recording): Umm, do you have like, lat-long coordinates or a shape file or a KML of a, of a specific area you’re interested in, or of a smaller polygon so I can see if it covers what you’re really interested in?

Michael Powell (from September 4, 2012 phone call recording): Umm, I couldn’t give you lat-long but I could give you, how about the name of the establishment? I don’t know if you go that way.

Katie Nelson (from September 4, 2012 phone call recording): Yeah, I can do that too. Give me one second, get something to write it down on. What is the name of it?

Michael Powell (from September 4, 2012 phone call recording): Should be like Lindell’s. Uh, Lindell’s junk, junk yard, oh, Lindell’s Auto Salvage I bet.

Dave Cawley: Katie told Michael she would look up the coordinates and see if the satellite image covered the Lindell Auto lot.

Katie Nelson (from September 4, 2012 phone call recording): Ok, alright. Feel free to call me back and I will let you know if that covers this area.

Michael Powell (from September 4, 2012 phone call recording): Ok.

Katie Nelson (from September 4, 2012 phone call recording): Ok, thank you so much Michael.

Michael Powell (from September 4, 2012 phone call recording): Thank you.

Katie Nelson (from September 4, 2012 phone call recording): Bye.

Dave Cawley: Darrell told Katie, Lindell Auto is where West Valley police had found Michael’s car, one year before.

Katie Nelson: It felt odd to be a part of something that was rather nefarious and, umm, yeah I was just, it’s just one of those moments where you feel someone’s walked over your grave and you’re like “oh, that’s uncomfortable.” (Laughs)

Dave Cawley: Michael called Katie back the next day and told her he would like to buy the new satellite image.

Katie Nelson: It’s interesting too because I generally try to dissuade people from getting imagery who are looking for something like cars. And he was rather insistent that it was fine, that he knew the limitations of the imagery and being able to identify a car but still wanted the imagery if we had anything.

Dave Cawley: Katie informed Michael the picture she had didn’t show the whole Lindell lot, just a piece.

Katie Nelson: He didn’t care about that. He just wanted anything that we had.

Dave Cawley: She offered to have a satellite tasked to take a new picture, a job that would cost about $2,500.

Katie Nelson: Rather surprising that someone wants to spend that kind of money but in his desperation … you pay a lot for the security of knowing that people don’t know your secret, which I think is what that was worth to him.

[Scene transition]

Dave Cawley: Anne Bremner, one of the Cox family’s lawyers, had a lot of work to do during the fall of 2012. She wanted the West Valley police case file. West Valley police refused to hand it over. So, on August 22nd of 2012, Anne took her case to the city council.

Sandra Yi (from August 22, 2012 KSL TV archive): Bremner says the information would help resolve an ongoing life insurance policy dispute with the Powell family, but the legal advisor for West Valley City Police argued, the investigation isn’t over. He says work was done on the case this week.

Clint Gilmore (from August 22, 2012 KSL TV archive): It’s the position of the West Valley City Police department, any release of these documents would jeopardize the investigation. It’s that black and white for us.

Dave Cawley: The council also refused the request. 

At the same time, Anne and her team were doing the ground work for Chuck Cox’s lawsuit against DSHS. She and the firm she worked with, Frey Buck, were also involved in the ongoing legal action over the life insurance.

Anne Bremner: Josh Powell had taken out 3.5 million dollars in life insurance on Susan and on the boys and then once she went missing, he changed the beneficiary, umm, in it to his brother, Michael.

Dave Cawley: Anne used the life insurance case to her advantage.

Anne Bremner: I went to New York and deposed their agent, from New York Life. And I’m just like “what were you, what were you thinking?” I mean, “what are you, what are you thinking?”

Dave Cawley: Anne also deposed Terri, Alina and Michael.

Christina Atencio (from October 20, 2012 deposition recording): Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

Michael Powell (from October 20, 2012 deposition recording): Yes I do.

Dave Cawley: The federal court compelled him to travel from Minneapolis to Tacoma to face questions on October 20, 2012.

Anne Bremner (from October 20, 2012 deposition recording): Mr. Powell, are you armed in any way today?

Michael Powell (from October 20, 2012 deposition recording):No.

Thomas West (from October 20, 2012 deposition recording): Objection, counsel. Look, there is no basis for this type of questioning. You’re attempting to harass and humiliate and embarrass my client.

Anne Bremner: I had asked for police personnel to accompany us because of some concerns, specific things, information I had about Michael—

Anne Bremner (from October 20, 2012 deposition recording): Next question is, would you be willing to be patted down?

Thomas West (from October 20, 2012 deposition recording): Counsel, that’s enough. That’s enough, really This is silly.

Dave Cawley: The deposition was recorded. That video has never been made public before now. 

They went through Michael’s life, his education, his time in the Army, his relationships with his siblings. He fidgeted a bit with the cable for a lapel microphone as Anne asked him about his phone calls and emails with his brother Josh.

Anne Bremner (from October 20, 2012 deposition recording): Did you ever communicate with, umm, Josh via email?

Michael Powell (from October 20, 2012 deposition recording): A little bit.

Anne Bremner (from October 20, 2012 deposition recording): And under what circumstances?

Michael Powell (from October 20, 2012 deposition recording): Umm, he uh, sometimes we emailed back and forth. Uh, sometimes he was writing court declarations and uh, uh, asked me to proofread them.

Anne Bremner (from October 20, 2012 deposition recording): Court declarations for what?

Michael Powell (from October 20, 2012 deposition recording): Uh, regarding the kids, for example.

Anne Bremner (from October 20, 2012 deposition recording): Why would he ask you to proof them, do you think?

Michael Powell (from October 20, 2012 deposition recording): Uh, ‘cause I’m in a PhD program, I guess.

Dave Cawley: Michael didn’t mention encrypted emails about Susan, which West Valley police had heard Josh and Michael discussing on the wiretap a year earlier.

Anne Bremner (from October 20, 2012 deposition recording): And any other emails with Josh?

Michael Powell (from October 20, 2012 deposition recording): Um, well he sent a couple. I was CC’d on a couple of emails before he died.

Anne Bremner (from October 20, 2012 deposition recording): And who was he sending emails to where he CC’d you?

Michael Powell (from October 20, 2012 deposition recording): He sent them to Alina.

Anne Bremner (from October 20, 2012 deposition recording): And what were they about?

Michael Powell (from October 20, 2012 deposition recording): Umm, uh, one of them was a, a, uh, one of ‘em was, was a note… (Michael cries)

Thomas West (from October 20, 2012 deposition recording): You ok?

Anne Bremner (from October 20, 2012 deposition recording): We can take a break.

Thomas West (from October 20, 2012 deposition recording): Let’s take a minute.

Dave Cawley: It seemed Josh’s suicide was the only topic that elicited an emotional response.

Anne Bremner: He wasn’t nervous. He wasn’t empathetic with Susan’s family.

Anne Bremner (from October 20, 2012 deposition recording): Were you on Facebook or have you been at any time?

Michael Powell (from October 20, 2012 deposition recording): Um, I have been but I almost never use Facebook.

Anne Bremner (from October 20, 2012 deposition recording): Is your page still up?

Michael Powell (from October 20, 2012 deposition recording): It is.

Anne Bremner (from October 20, 2012 deposition recording): And is it under Michael Powell or a different name?

Michael Powell (from October 20, 2012 deposition recording): Um, I’m, I’m not sure. I mean, it’s under Michael Powell but I’m not sure, y’know, the middle initial or, or anything like that.

Dave Cawley: That was a lie. During Operation Tsunami, police overheard a phone conversation between Michael and Josh, in which Michael provided his brother with the login and password for a fake Facebook account created under the name Molly Hunt.

Molly’s account came into being on the night of June 6th of 2010. Her birthday displayed as January 20th, the same as Josh’s. Molly immediately joined Kiirsi Hellewell’s “Friends and Family of Susan Powell” Facebook group, as well as a closed group titled “Where is Susan Powell?” On the wiretap 14 months later, police heard the brothers talking about using the account to secretly monitor discussions in those groups about the police search in Ely, Nevada.

I recently gained access to the Molly Hunt account. I downloaded activity logs, complete with IP addresses. They revealed that on the day of the Ely search, someone using an IP address in Minneapolis made several failed attempts to log in to Molly’s account, before succeeding and changing the password. That would’ve been Michael. Twenty minutes later, someone using an IP address belonging to the ISP Rainer Connect in Washington State also logged in using the new password. 

Rainer Connect provided internet service to Steve Powell’s home, where Josh was living at the time.

Michael did not disclose any of this.

Anne Bremner (from October 20, 2012 deposition recording): Where was Josh when Susan disappeared, if you know?

Michael Powell (from October 20, 2012 deposition recording): I don’t know.

Anne Bremner (from October 20, 2012 deposition recording): Where was Josh in the week after disappearance, if you know?

Michael Powell (from October 20, 2012 deposition recording): I don’t know.

Dave Cawley: Most of the rest of the logins on the Molly Hunt account traced back to an IP address at the University of Minnesota, where Michael was studying cognitive science. The last activity on Molly’s account came on January 20th of 2012, exactly two weeks before Josh murdered Charlie and Braden.

Anne Bremner: Michael was so smart that he was very hard to depose because he was ahead of me the whole time and he was very good at not giving me responses.

Dave Cawley: Michael described being at his dad’s house on December 7th of 2009, when Josh, Susan and the boys first turned up missing, then learning of Josh’s return from a “camping trip.”

Anne Bremner (from October 20, 2012 deposition recording): Did he ever say he was going to take that trip at midnight, when it was snowing—

Michael Powell (from October 20, 2012 deposition recording): No.

Anne Bremner (from October 20, 2012 deposition recording): —with a 2-year-old and 4-year-old.

Michael Powell (from October 20, 2012 deposition recording): No.

Anne Bremner (from October 20, 2012 deposition recording): Was your dad around Josh during that time, the weeks before Susan disappeared. Was your dad in Utah?

Michael Powell (from October 20, 2012 deposition recording): No.

Dave Cawley: Michael said he didn’t personally talk to his brother until a few days later.

Michael Powell (from October 20, 2012 deposition recording): Josh called me, umm, and he was upset, he was in tears. Umm, he, uh was taking care of two little kids and he said that he just needed help taking care of his kids. And, umm, I uh, got on the road and went down there.

Dave Cawley: He didn’t mention his stop in Pendleton on the way back home until Anne asked just the right question.

Anne Bremner (from October 20, 2012 deposition recording): Did you sell any cars at that time?

Michael Powell (from October 20, 2012 deposition recording): Umm, at, at what time again?

Anne Bremner (from October 20, 2012 deposition recording): Umm, let’s say within the six months after Susan’s disappearance.

Michael Powell (from October 20, 2012 deposition recording): I did sell a vehicle—

Anne Bremner (from October 20, 2012 deposition recording): Mmhmm.

Michael Powell (from October 20, 2012 deposition recording): —umm, my car broke down on the way back from Utah and that was the ’97 Ford Taurus.

Anne Bremner (from October 20, 2012 deposition recording): Mmhmm.

Michael Powell (from October 20, 2012 deposition recording): And, umm, so when it broke down, umm, it didn’t seem like we were going to get it back to Washington and, uh, I sold it for a hundred dollars to a salvage lot in Pendleton, Oregon.

Dave Cawley: At that point, it wasn’t public knowledge that police had the car, or that a cadaver dog had indicated on the trunk. Only a couple of weeks after ditching the car, Michael had made that long drive between Puyallup and West Valley with Josh in the U-Haul. They’d had plenty of time to talk.

Anne Bremner (from October 20, 2012 deposition recording): Did you ever talk to Josh about his potential involvement or role in Susan’s disappearance.

Michael Powell (from October 20, 2012 deposition recording): I didn’t.

Anne Bremner (from October 20, 2012 deposition recording): Did anyone in your family?

Michael Powell (from October 20, 2012 deposition recording): I don’t know, they may have.

Dave Cawley: Michael did not volunteer that he’d debriefed Josh after his interviews with police, as Steve had told the FBI.

Anne Bremner (from October 20, 2012 deposition recording): Do you think Susan’s dead or alive?

Michael Powell (from October 20, 2012 deposition recording): I don’t know.

Anne Bremner (from October 20, 2012 deposition recording): You don’t have an opinion?

Michael Powell (from October 20, 2012 deposition recording): (Sighs) No.

Anne Bremner (from October 20, 2012 deposition recording): What is your belief about Josh’s role in Susan’s disappearance or death?

Michael Powell (from October 20, 2012 deposition recording): I don’t believe that he was involved.

Anne Bremner (from October 20, 2012 deposition recording): Ok, why not?

Michael Powell (from October 20, 2012 deposition recording): He never gave any indication that he could have been involved. He just didn’t act like it. Umm, in the months following her disappearance, umm, he just act, acted ed like a pretty concerned husband.

Anne Bremner (from October 20, 2012 deposition recording): Did you have any role in Susan’s disappearance?

Michael Powell (from October 20, 2012 deposition recording): No I did not.

Dave Cawley: Here, Michael averted his eyes.

Anne Bremner: His eyes were like black coal. You looked in his eyes and there was nothing there. He had a lot of Josh’s mannerisms. He looked kind of like Josh, but that complete black flat coal eyes. Y’know, I couldn’t even, I couldn’t even look at him.

Dave Cawley: Anne questioned Michael about the 4theKidzz website.

Michael Powell (from October 20, 2012 deposition recording): He asked me to write something about the incident in the—

Anne Bremner (from October 20, 2012 deposition recording): Who is he?

Michael Powell (from October 20, 2012 deposition recording): —Cox’s house. Uh, Josh did.

Anne Bremner (from October 20, 2012 deposition recording): Ok.

Michael Powell (from October 20, 2012 deposition recording): And I started an, an essay for him—

Anne Bremner (from October 20, 2012 deposition recording): Ok. Did you put—

Michael Powell (from October 20, 2012 deposition recording): —and I sent it to him and the family was, uh, putting together—

Anne Bremner (from October 20, 2012 deposition recording): Oh, I see.

Michael Powell (from October 20, 2012 deposition recording): —a 4thekidzz website.

Anne Bremner (from October 20, 2012 deposition recording): Do you think somebody, Alina or he posted your essay on the website?

Michael Powell (from October 20, 2012 deposition recording): Uh, I believe so.

Dave Cawley: But Michael denied making the specific accusations in that essay. He told Anne that he’d been on the phone with Alina on the day Josh killed himself and the boys., as Alina went over to the burning house.

Michael Powell (from October 20, 2012 deposition recording): She said as she drove up, uh, that the house just wasn’t there anymore and she was mostly hysterical, and she was saying that it looked as if it had been blown up or something. So, I didn’t know if it was maybe natural gas or… (Michael sobs) …uh…

Thomas West (from October 20, 2012 deposition recording): Do you want to stop, Mike, or get it done?

Michael Powell (from October 20, 2012 deposition recording): Let’s get it done.

Dave Cawley: Michael had also spent time on the phone with Jim Vojtech, a producer for the ABC TV program Good Morning America.

Michael Powell (from October 20, 2012 deposition recording): He told me that uh, there were some developments coming out through the media and that they’d found the body of an adult and two smaller bodies. And…

(Pause)

Anne Bremner (from October 20, 2012 deposition recording): Did Alina go on Good Morning America and talk about it?

Michael Powell (from October 20, 2012 deposition recording): Yes.

Anne Bremner (from October 20, 2012 deposition recording): And did she say basically that Josh was driven to what he did by the media and the Coxes?

Michael Powell (from October 20, 2012 deposition recording): I don’t know.

Dave Cawley: Michael explained he didn’t watch TV or read any news articles. He seemed to doubt Josh had actually murdered the boys.

Anne Bremner (from October 20, 2012 deposition recording): Do you have reason to believe that somebody else killed those kids?

Michael Powell (from October 20, 2012 deposition recording): No, I don’t know.

Anne Bremner (from October 20, 2012 deposition recording): And just, do you think that Josh did not kill the kids?

Michael Powell (from October 20, 2012 deposition recording): It was so out of character with everything that I’d ever known about him that I just spent a long time not believing it.

Anne Bremner (from October 20, 2012 deposition recording):Did you learn the kids had chop marks from hatchets, a hatchet I should say.

Michael Powell (from October 20, 2012 deposition recording):  I heard rumors.

Anne Bremner (from October 20, 2012 deposition recording): And that he said, as they came into the house “I have a surprise for you” before everything else happened.

Thomas West (from October 20, 2012 deposition recording): Object to the form.

Michael Powell (from October 20, 2012 deposition recording): I didn’t hear that.

Dave Cawley: The deposition had started around 8 a.m. Anne asked her final question after 3 p.m.

Anne Bremner (from October 20, 2012 deposition recording): So what would you do with the money if you got it?

Thomas West (from October 20, 2012 deposition recording): Object to the form, it’s irrelevant.

Anne Bremner: I’ll withdraw it. I’ll withdraw it.

Dave Cawley: West Valley police obtained a transcript of Michael’s deposition and added it to their case file. I asked Ellis if West Valley police gained anything from it.

Ellis Maxwell: I don’t believe so. I, honestly like, I don’t even remember what he said in his deposition.

Dave Cawley: He said very little.

Ellis Maxwell: And so, but yeah. I don’t, I don’t believe anything they say.

[Scene transition]

Dave Cawley: A bitter wind blew in Minneapolis. 

Michael Powell showed up at the University of Minnesota just before noon. He wasn’t enrolled in any formal classes that semester, just independent study, and had only gone to campus to move some personal stuff out of the V.A. lab where he worked

At about 1 p.m., he pulled his car out of the Church Street Garage and started for home. A dusting of fresh snow sat atop the congealed gray slush lining the streets. He drove west, over the Mississippi River, to 431 South 7th Street.

Michael’s blue Hyundai Sonata rolled to a stop in a space on the 5th floor of the parking structure there. He stepped out into the cold, took a drag on a cigarette, then turned to look out over the edge of the concrete wall. When he’d finished the smoke, he tossed the butt on the ground and went inside.

Ellis Maxwell: Here he is, what was he a PhD candidate at the University? So that in of itself is a lot of stress.

Dave Cawley: Just before 2:30, Michael rode the elevator back to the garage. He didn’t go to the 5th floor. He went to the 7th. The top level.

Ellis Maxwell: And then, now you put all this on there, on top of that, his brother killing himself and murdering his kids and then having some knowledge of what took place…

Dave Cawley: Again, Michael again lit a cigarette and walked up to the concrete half wall.

Ellis Maxwell:…and now the police are kind of targeting in on him for, y’know, some answers, hoping that he can give us some direction to recover Susan.

Dave Cawley: It was February 11th oof 2013. The court fight over Josh’s life insurance was not going well. Chuck Cox, Michael had recently learned, had been named conservator of Susan’s estate.

Ellis Maxwell: I think it was just too much.

Dave Cawley: Michael stood for a long while, the sting of the cold breeze on his face. Then, he climbed to the top of that half wall and launched himself, arms wide, into the frigid air.

Ellis Maxwell: I think it was just too much and that’s what led him to, y’know, doing a swan dive there in downtown Minneapolis.

Dave Cawley: Minneapolis police, responding to witness accounts of the suicide, located his driver’s license and an ID card for the Minneapolis VA Medical Center brain science center in his pocket. 

They called in the medical examiner, who entered Michael’s condo, looking for a suicide note. He hadn’t written one.

The ME found Michael’s emergency contact information. He’d listed his mom, Terrica. Notifying Steve proved a bit more difficult. The ME called the Washington Department of Corrections and was passed to the supervisor of the Twin Rivers Unit, where Steve was incarcerated. The supervisor called Steve in and told him what Michael had done while the Minneapolis ME listened on speaker phone.

Steve said “oh my God, oh my God,” but otherwise showed no emotion. The medical examiner asked if Michael had ever dealt depression or addiction. Steve said no. Then, Steve said he’d kept in touch with Michael by phone almost every week. He’d never so much as hinted that he was considering suicide. But, Steve also admitted they hadn’t been candid on the phone because they knew their calls were monitored.

Jennifer learned of Michael’s suicide from her mom. She called Ellis.

Ellis Maxwell: I never thought that he was involved deeply with Josh. I assumed that he would have some information Josh shared with him.

Dave Cawley: West Valley police arrived in Minneapolis two days later. They went to the University of Minnesota, to speak with Michael’s colleagues. None had noticed anything unusual. On February 15, 2012, Ellis, along with detectives Gavin Cook and Darrell Dain, served federal search warrants on Michael’s car and condo. They didn’t find anything all that useful.

Ellis Maxwell: Yeah I was hopeful that maybe, y’know, we’d find a USB drive or something on his computer or even something in writing because Josh wrote a little bit, Steve wrote a lot so, and with Michael being in school I was kind of hoping maybe he’d write too but yeah, nothing was discovered to help us find her or give us any information as to what Josh may have shared with Michael.

Dave Cawley: Over the years, Jennifer has come to believe Michael helped Josh hide Susan’s body after the murder, but…

Dave Cawley: Whatever he knew.

Jennifer Graves: Went to the grave.

Dave Cawley: He took with him.

Jennifer Graves: Mmhmm.

Dave Cawley: Ellis isn’t so sure.

Ellis Maxwell: So hypothetically, Josh dumps Susan’s body somewhere and then goes back, picks it up and decides he’s gonna go to the Pacific Northwest and does an exchange with Michael Powell, his brother, or Steven Powell, his dad. It’s pretty risky.

Dave Cawley: This theory has persisted and I’ll admit, it’s pretty compelling given all we’ve learned about Josh and Michael’s conversations on the wiretap, their encrypted emails and the cadaver dog hitting on the trunk of Michael’s car.

Ellis Maxwell: I know there’s some of my peers out there to believe that that’s a very probable, uh, especially obviously after we located Michael’s car, but uh, I just, I don’t know about that. I have less weight in all of that.

Dave Cawley: If Michael Powell was involved in Susan’s disappearance, he did not bother to unburden his conscience before exiting the stage.

On the next episode of Cold…

Andrew Andersen: Summer was a striper, and she was just using him because he was just paying, just giving money, money, money, money.

Cold season 1, episode 14: Killing Susan’s Sons – Full episode transcript

Dave Cawley: The Giants were playing the Patriots in Indianapolis. Super Bowl Sunday. February 5th, 2012.

Elizabeth Griffin-Hall was at work. As people across the country tuned in to the pre-game coverage, she drove her gray Toyota Prius into the cul-de-sac at 189th Street Court East in Graham, Washington. She steered between two pine trees that flanked the driveway outside a small brown house. It was about noon, Pacific Time. Elizabeth parked the car and pulled the key out of the ignition.

She worked for Foster Care Resources, a company contracted by the Washington State Department of Social and Health Services to supervise visitation in child custody situations. She was bringing Charlie and Braden Powell over for their usual, Sunday visit with their dad, Josh Powell.

Josh waited for them. He pulled opened the front door of his rented house and looked at his sons.

“I have a surprise for you,” he said. The giddy boys took off at clip up the short path between the driveway and front door. Elizabeth hurried along after them. Charlie and Braden slipped past their father and into the house. Then, Josh looked straight at Elizabeth, right into her eyes. Without another word, he slammed the door and locked it.

Nothing like that had ever happened before. Elizabeth pounded on the door. Josh didn’t answer. She rang the doorbell. Again, no answer. She shouted, ordering Josh to open the door. She rang the bell, over and over and over again. No response.

Growing frantic, Elizabeth began to beg. “Please, let me in.” Then, she heard something terrible from the back of the house. Sobs. A child, crying. One of the boys. Elizabeth reeled. Her pulse quickened and breathing accelerated. She smelled the unmistakable odor of gasoline. She went back to her car, pulled out her phone and dialed 911. It was 12:08 p.m.

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): Hey, I’m on a supervised visitation for a court-ordered visit and something really weird has happened. The kids went into the house and the parent, the biological parent whose name is Josh Powell will not let me in the door. What should I do?

Dave Cawley: The dispatcher asked Elizabeth for the address.

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): It’s 8119 and I, I think it’s 89th. Umm, I don’t know what the address is.

David Lovrak (from February 5, 2012 911 call recording): Mmkay. That’s pretty important for me to know.

Dave Cawley: While looking, she said “I think I need help right away.”

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): He’s on a very short leash with DSHS and CPS has been involved. And this is the craziest thing. He looked right at me and closed the door. Are you there?

David Lovrak (from February 5, 2012 911 call recording): Yes ma’am, I’m just waiting to know where you are.

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): Ok. It’s 8119 189th Street Court East, Puyallup. 88375.

Dave Cawley: What happened next would haunt Elizabeth.

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): And I’d like to pull out of the driveway ‘cause I smell gasoline and he won’t let me in.

David Lovrak (from February 5, 2012 911 call recording): You want to pull out of the driveway because you smell gasoline but he won’t let you—

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): I smell, he, he won’t let me in.

David Lovrak (from February 5, 2012 911 call recording): He won’t let you out of the driveway?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): He won’t let me in the house.

David Lovrak (from February 5, 2012 911 call recording): Whose house is it?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): He’s got the kids in the house and he won’t let me in. It’s a supervised visit.

David Lovrak (from February 5, 2012 911 call recording): I understand. Whose house is it?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): Josh Powell.

David Lovrak (from February 5, 2012 911 call recording): Ok, so you don’t live there, right?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): No, I don’t, no. I’m contracted to the state to provide supervised visitation.

David Lovrak (from February 5, 2012 911 call recording): I see.

Dave Cawley: Elizabeth told the confused dispatcher this was a high-profile case. Josh was the husband of missing woman Susan Powell.

David Lovrak (from February 5, 2012 911 call recording): And their dad’s last name?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): Powell. P-O-W-E-L-L.

David Lovrak (from February 5, 2012 911 call recording): Two ls? (Pause) Two ls at the end of Powell?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): Yes.

David Lovrak (from February 5, 2012 911 call recording): His first name?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): His first name is Josh.

David Lovrak (from February 5, 2012 911 call recording): Black, white, Asian, Hispanic, native?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): He’s white.

David Lovrak (from February 5, 2012 911 call recording): Date of birth?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): I don’t know, he’s about 39.

Dave Cawley: She grew more agitated. The dispatcher told her he’d have a deputy swing by.

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): Ok, how long will it be?

David Lovrak (from February 5, 2012 911 call recording): I don’t know ma’am. They have to respond to emergency life-threatening situations first. The first available deputy—

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): Well this, this could be life-threatening. He went to court on Wednesday and he, he didn’t get his kids back. And this is really, I’m a, I’m afraid for their lives.

David Lovrak (from February 5, 2012 911 call recording): Ok, has he threatened the lives of the children previously?

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): I have no idea.

David Lovrak (from February 5, 2012 911 call recording): Alright. We’ll have the first available deputy contact you.

Elizabeth Griffin-Hall (from February 5, 2012 911 call recording): Thank you.

Dave Cawley: The call ended. Elizabeth backed her car out of the driveway and parked on the other side of the cul-de-sac, a safe distance away from the house.

Then it happened. The house ignited. Fire, fueled by gasoline, moved so so fast that it seemed like an explosion. Heat made the windows burst and thick black smoke billowed out. Fresh air rushed in to the house, smothering some parts of the fire while stoking others.

It was 12:16 p.m. Dispatchers started to receive more calls about the blast. Graham Fire and Rescue Station 95 sits less than a quarter-mile away as the crow flew from Josh’s house. It should have taken just moments for a fire truck to arrive. Elizabeth, watching in shock, could hear wail of the siren. It seemed to swirl around her, as if moving in a circle. She kept waiting to see an engine but it didn’t arrive.

Flames climbed high above the trees surrounding the half-acre property.

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): Hello?

Dispatcher (from February 5, 2012 dispatch call recording): Hi ma’am. Were you calling about the fire in the 82-hundred block of 180th Street Court East?

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): Yes! He exploded the house.

Dispatcher (from February 5, 2012 dispatch call recording): Ma’am do you know the—

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): Yes, he exploded the house.

Dispatcher (from February 5, 2012 dispatch call recording): —ok, do exact address of the house or are you—

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): Yes. It’s 8, it’s 8119 189th Street Court East, Puyallup.

Dispatcher (from February 5, 2012 dispatch call recording): Ok, ok. Stay on the line. Do you know if anyone’s in the house?

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): Yes, there was a man and two children—

Dispatcher (from February 5, 2012 dispatch call recording): Ok.

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): —I just dropped off the children and he wouldn’t let me in the door.

Dispatcher (from February 5, 2012 dispatch call recording): Ok. Stay on the line for the fire department, ok? I’m going to get them on the line. Do not hang up.

Dave Cawley: The dispatcher connected Elizabeth directly to the fire department.

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): I can hear the fire trucks but they’re not here yet. It’s 8119—

Fire department dispatcher (from February 5, 2012 dispatch call recording): We have an engine there.

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): What?

Fire department dispatcher (from February 5, 2012 dispatch call recording): We have an engine there.

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): And the people are saying there’s not somebody here but I was just there and there is somebody here. There’s two little boys in the house and they’re five and seven and there’s an adult man. He has supervised visitation and he blew up the house and the kids.

Fire department dispatcher (from February 5, 2012 dispatch call recording): The kids and the husband, and the father were in the house?

Elizabeth Griffin-Hall (from February 5, 2012 dispatch call recording): Yes. Yes. He slammed the door in my face. So I kept knocking. I thought it was a mistake. I thought it was a mistake and then I called 911.

Dave Cawley: Josh’s final, horrible act was no mistake. This is Cold, episode 14: Killing Susan’s Sons. I’m Dave Cawley.

[Ad break]

Dave Cawley: Josh’s little sister Alina awoke that Sunday morning to find an odd email in her inbox. It was a forward from Josh, something to do with his finances. More emails arrived throughout the morning. Josh told Alina, message by message, how to handle his affairs. Then, Alina’s phone beeped. She had a new voicemail.

Josh Powell (from February 5, 2012 voicemail message): This is Josh. I’m calling to say goodbye. I’m not able to live without my sons and I’m not able to go on anymore. I’m sorry to everyone I’ve hurt. Goodbye.

Dave Cawley: Alina called 911.

Alina Powell (from February 5, 2012 911 call recording): I think my brother might be in trouble or something.

Dispatcher (from February 5, 2012 911 call recording): What’s going on with your brother?

Alina Powell (from February 5, 2012 911 call recording): He’s, I don’t know. He’s sending weird emails. He’s saying goodbye and stuff.

Dave Cawley: The dispatcher asked Alina for her brother’s address. Alina said she didn’t know it. The dispatcher asked for her brother’s name. Alina said “Josh Powell.”

Dispatcher (from February 5, 2012 911 call recording): Ok, was he going to have supervised visit today?

Alina Powell (from February 5, 2012 911 call recording): I, I think so. I mean he was supposed to normally on Sunday.

Dispatcher (from February 5, 2012 911 call recording): Ok.

Alina Powell (from February 5, 2012 911 call recording): I mean—

Dispatcher (from February 5, 2012 911 call recording): And this is the Josh that’s been in the, in the media, right?

Alina Powell (from February 5, 2012 911 call recording): Yeah.

Dispatcher (from February 5, 2012 911 call recording): Ok.

Alina Powell (from February 5, 2012 911 call recording): Yeah, the one that’s been being abused by everyone.

Dave Cawley: Alina struggled to keep her composure.

Dispatcher (from February 5, 2012 911 call recording): Alina, calm down. I understand that you’re upset but the more you’re getting upset it’s the less helpful for me, ok? I think I have an address for him off of 80th, umm, I have off of 189th Street Court East is what I’m seeing.

Dave Cawley: Alina still could not confirm the address. Josh’d only lived there a couple of months. She said she’d never bothered to look at the street signs. And in fact, suspicion persists to this day that Josh’d never actually moved into the house, only staged to make it appear as though he had.

Alina Powell (from February 5, 2012 911 call recording): I mean I know this has to have been hard on him. The abuse is extremely difficult for him to take. (Sobs)

Dispatcher (from February 5, 2012 911 call recording): What, what else, what else did the email, Alina I need you to calm down, ok? What else did the email say?

Alina Powell (from February 5, 2012 911 call recording): Nothing. Just he sent several emails saying stuff about how to, how to handle his property or something, how to cancel utilities. I don’t know. It was different emails.

Dispatcher (from February 5, 2012 911 call recording): Mmkay.

Alina Powell (from February 5, 2012 911 call recording): And they started awhile ago. And a first I didn’t, I didn’t even think anything of it ‘cause it was some weird email that came in this morning that I just like dismissed.

Dispatcher (from February 5, 2012 911 call recording): Ok.

Alina Powell (from February 5, 2012 911 call recording): And it didn’t say anything from him. It was just some kind of forward from him.

Dispatcher (from February 5, 2012 911 call recording): Ok, no problem.

Alina Powell (from February 5, 2012 911 call recording): I just missed it.

Dave Cawley: The dispatcher told Alina a deputy would head to 189th Street Court East, but it would be helpful if she could confirm Josh’s address.

Alina Powell (from February 5, 2012 911 call recording): The only way to do that would be if I drive over there and I’m, I’m terrified to drive over there.

Dispatcher (from February 5, 2012 911 call recording): Well, we’re sending an officer over there so we just need to know where we’re going. We’re not asking you to make any contact with him. We’ll, we’ll have the officer do that.

Alina Powell (from February 5, 2012 911 call recording): I’m not afraid of him. He’d never hurt me. I’m afraid of seeing something I don’t want to see. (Crying)

Dispatcher (from February 5, 2012 911 call recording): Alina, you are not helpful when you’re crying.

Dave Cawley: The first sheriff’s deputies pulled up to the burning house at 12:30 p.m., 22 minutes after Elizabeth Griffin-Hall first dialed 911.

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

Dave Cawley: Chuck Cox was at church, in a meeting in the bishop’s office, when his phone buzzed.

Chuck Cox: So I’m in there and I get this text or something, email or something, from somebody. It said that the, Josh’s blown up the house that they’re in. I’m going “no. Where did you hear this?” “It was on Facebook.” “Ok, good. Facebook, I don’t care what’s, there’s no controls on Facebook. Y’know, who knows what it is?” So uh, I said “ok, well I’m not too worried about that.” And I was started to go back in and it went off again and then I says “well, who’s saying this?” And it was “Associated Press is picking this up.” … From the time I found out about it ’til the media gets it, until they start trying to get in touch with me, I know I’m going to have to answer questions. I know that other people are going to want to know “is it true, is it not?” … Somebody has to find out and actually look and see what’s going on. So, it was me, so I went and did what I needed to do to, to find out.

Dispatch (from February 5, 2012 recording): The CPS worker that deals with this residence, they believe that this fire was intentionally-set. She is at scene. She believes that the dad and two children, ages 5 and 7, are inside the house.

Dave Cawley: Susan’s friend, neighbor and advocate Kiirsi Hellewell first learned of the fire from a reporter.

Kiirsi Hellewell: I’d just barely walked in from church and my phone started ringing and I was like “oh what is it now, what has Josh done now?” So I answered it and it was a reporter asking me if I’d heard that there was an explosion at the home Josh was renting in Graham, Washington. And I said “no, I haven’t heard that. What do you mean an explosion. What do you mean a fire?” “Well, we just heard that Josh had the boys and that he’d picked them up for his, his visit with them and the whole house is up in flames.” And I just said “I can’t talk to you right now” and I hung up and I immediately called Susan’s dad and he was driving to the house when he answered the phone and I said “Chuck, is it true?” And he said “I don’t know, I’m on my way there but I think it is.” And then I just started sobbing. And then I called Debbie and I said “Debbie, I don’t want to be the one to tell you this. I do not want to tell you this. And I told her and she just said ‘no, no, no.’”

Dave Cawley: Debbie Caldwell had been Charlie and Braden’s daycare provider when they’d live in Utah. She had traveled to Washington to visit the boys at the Cox house just a few months earlier.

Chuck Cox: I think I called Debbie. I called, I call, called the other people who would know and want to know and need to know that it was actual and then let them start talking to the media and do all that kind of stuff so I can kind of just recover from it, realize what went on.

Debbie Caldwell: Chuck called me and all I said to him was “Chuck, Chuck, is it true, is it true?” And he said “yes” and I didn’t even say goodbye. I just hung up the phone. I was in such a state of shock.

Kirk Graves (from February 5, 2012 KSL TV archive): We’re in shock. We expected that he cared about his kids. Turns out he didn’t.

Jennifer Stagg (from February 5, 2012 KSL TV archive): That’s Josh Powell’s brother-in-law Kirk Graves’ reaction to the news that Josh had taken the lives of his son and his own life in a home explosion.

Dave Cawley: Josh’s older sister Jennifer had returned home from church when her phone rang. It was Kiirsi. Jennifer could only manage to make out something about an explosion and “the kids.”

Jennifer Graves: So I was like “ok. I’m going to go call Chuck and find out what’s really going on here, so you just hang on and I’m gonna call you back.” And so I went in and found my husband in the other room and, and he was in his office. And I didn’t even talk to the kids, didn’t see the kids, I didn’t want to bring this up in front of the kids. We were in his office and shut the door. We called Chuck. He said that he was on his way to figure it out. He wasn’t sure what was going on, he was going to call us back. And so we were kind of just waiting on pins and needles, waiting for him to call back. And finally, I don’t know how many minutes had past, but probably at least ten minutes before we realized, and before we finally decided we can’t wait any longer. We’re just gonna call. And so Kirk called him again and, and uh Chuck had gotten there and the house was a burned out, charred mess. And it was confirmed that Josh and the boys were in there and that they were dead.

And it was, it was such a, such a weight. Such a horrible, a horrible thing my mind couldn’t even comprehend. And it was kinda like I shut down. I just remember sinking to the floor, thinking “I, I should, I should tell someone. This is really bad and I should tell people that this has happened.” And I sat there and I stared at my phone trying to figure out how to make it work because I couldn’t remember how, how to, how to send messages anymore. And I finally was able to get through that and figure it out and get my mind to, to work a little bit again. And I ended up sending this really, really blunt message to a whole bunch of friends and family. And I feel bad now because it was something to the effect of “Josh has blown up his house with Charlie and Braden in it and they’re all dead.” And I sent that, something like that. And it was, and I know, oh my goodness. I think now, and I think “oh my goodness, if I had read, if I had received that message. Oh, oh how horrible.”

And then I heard from people later, y’know, loved ones and friends, about when they received that text. And, y’know, my cousin was in the middle of church and she received that while she was sitting there in Relief Society and looked at that. And she just, she said she just, she stood up, kind of like me, y’know, what do you, what do you even make of that? She stood up and just stood there, looking at it not sure what to do. And finally, as it came through into her mind she, she finally just left. Went and found her, her husband and, and her children and, and they left. And y’know, just situations like, oh my goodness. It was horrible. It was horrible.

And then we came down and, and, we were upstairs and, and we came down and, because the doorbell rang, and my neighbors across the street had, had heard and they were coming to, y’know, to be here. Just to be here with us. And I walked down the stairs and I remember thinking “oh my goodness my children don’t even know.” And I could, and, and then I had to stop and explain to them that their, their cousins had been murdered in a terrible house explosion. And, and of course after that, I was still in a daze. It was just unreal. And we had other people that came, wonderful friends that just came and, and sat with us and fielded the media. Kirk went out. He talked some with the media a little bit. I could not deal with it. I could not do it. But they were camped all over my, my yard, my front yard, and I couldn’t, I could not go out there.

Even in the midst, even in the midst of it, I, I remember thinking even, even through the pain, somewhere deep down inside, they’re ok. They’re ok because they’re now with their mom and Heavenly Father and Jesus. So that was like a little glimmer, a little glimmer of light through the whole thing that just kept me from completely collapsing.

Firefighter (from February 5, 2012 dispatch recording): Command from Engine 95. Confirm one victim, three feet inside.

Dispatch (from February 5, 2012 dispatch recording): Additional male victim found at the same location as the first.

Dave Cawley: Pierce County Sheriff’s detective Gary Sanders was getting ready for the big game.

Gary Sanders: I was making some chili con queso dip and my pager off, ‘cause I was having a Super Bowl party that day, and, and — back when we had pagers, we don’t have pagers anymore but umm — it said, uh, “call dispatch in regards to Josh Powell.” And I was like “hmm, that’s weird. I wonder what’s going on with that.” So y’know, I called dispatch and was like, “hey y’know it’s Sanders, calling about your page.” And they go “yeah, Josh just just blew up the house and he, and he killed the boys with him. And took the boys with him.” And I was just like “[expletive].” Y’know, it was just, it was from here to the bottom, y’know?

I’d played with the boys. The boy had been in my patrol car playing with the lights and sirens. Umm, I’d gotten to know the Coxes, started thinking about that, y’know, how I feel for the Coxes. And I’m like “oh crap, I wonder if they know.” It just sucked. It was, it was, it was a bad day and I’ll forever remember that day.

Where I live was maybe a mile-and-a-half away, if that, y’know, from where that was. And I drove over there and it was still smoldering and it was just a big, chaotic scene with fire trucks and umm, y’know, looking at the house, the devastation, y’know. The gas that he’d poured and the way he’d done it, he made sure he took care of it.

Dave Cawley: Chuck Cox arrived shortly after Gary.

Chuck Cox: There’s something there. So I had to go over, see for myself was it there or was it not? And I saw it that yes, it was indeed, smoke coming out of it. And then I knew what I, I knew what they would be looking at. I knew what the, the first responders were looking at.

Dave Cawley: Throughout his career with the FAA investigating plane crashes, Chuck had examined his share of fiery disasters. He reacted as many pilots would by falling back on his training and checklists.

Chuck Cox: In emergencies, I go into a really calm, do A, B, C and A’s the most important thing and B and then the C. And then I do this. And I just go into that mode and I do what I need to do. So the first thing I need to do is go find out “is it true?” Number two, I gotta notify the people who are waiting to find out, so I told them. Number three, “what do I do next?” What can I do next? Well, cameras or go home?

Dave Cawley: Sanders told Chuck there was nothing he could do at the house.

Chuck Cox: My wife, she didn’t have a phone, so I don’t know if she knows or not so I gotta go back there because being here’s not gonna do anything.

Dave Cawley: Once the flames were doused, Gary walked through the still-smoking remains of the house.

Gary Sanders: Even, well I mean we were pretty sure because with the 911 call with the social worker, seeing the boys go in, hearing them scream and then the explosion, umm, you knew it but you’ve still got to confirm it.

Dave Cawley: Josh had spread gallons of gasoline throughout the entire house, then ignited it.

Gary Sanders: Going through and seeing the bodies and stuff like that, that was a hard thing too. Y’know, just, y’know, two little boys that were innocent and had no play into that and unfortunately mom had been taken away and so they’d been dealing with that.

Dave Cawley: Those three bodies were all together, in a back bedroom. A blackened metal hatchet sat next to Josh’s body. Gary could see that Josh had used it to bludgeon both of the boys about the back of the neck, knocking them unconscious. Coroners though determined the fire and smoke inhalation actually caused the deaths.

Gary positively identified the bodies as belonging to Josh, Charlie and Braden Powell. Dental records later confirmed his observation.

Gary Sanders: Fire does a lot of damage but I think the explosion kinda put a lot of the fire out too, in some essence, y’know, blew the roof off and stuff like that. And there was some damage but you could tell. Unfortunately, y’know, it’s one of those things that will always be up here, because you can tell.

Firefighter (from February 5, 2012 dispatch recording): We have a confirmed, confirmed third signal.

Dispatcher (from February 5, 2012 dispatch recording): All units at the house, confirmed third signal.

Dave Cawley: Like Gary, Ellis was at home preparing for a Super Bowl party.

Ellis Maxwell: Oh it was horrible. It was horrible. Umm, y’know, I was, I was home and I, and I had guests over to the house and, y’know, doing what a lot of people do that, uh, watch Super Bowl Sunday teams go at it.

Dave Cawley: Ellis missed a call from Gary, then received a message from his lieutenant, telling him something had happened in Washington.

Ellis Maxwell: And I get a phone call from, from Gary and he’s like, he goes “have you heard?” And I said “heard what?” And he goes “sit down.” And I was like, and so I went into my office and I sat down. I said “what’s going on?” And that’s when he told me. He’s like “Josh blew up the house with the kids inside.” I think my first comment to him was “well, what the hell were the kids doing at the house?” Because the kids weren’t supposed to be, uh, having visitation at the house. It was supposed to be in a neutral location, in a, in a, in a kind of like public but governed area. And I think my next thing was “are you, are you serious?” ‘Cause it was kind of like I believed it but I didn’t believe. And uh, y’know, so it was, it was, it was crazy. It was an emotional, uh, a roller coaster of emotions. I was upset, I was mad, I was sad. Umm, and I just literally wanted to just jump in my car and drive straight up there.

Dave Cawley: Ellis’ mind raced.

Ellis Maxwell: Obviously, it was all premeditated and he was ready and he was going to carry it out. Clearly Josh had made up his mind that he was going to carry out some sort of act of violence, whether if it was upon himself or others, so whether or not that could have been prevented, umm, I don’t think anybody could say. Y’know, and it’s possible say if the Coxes had the kids and they were at home and he did some surveillance on ‘em and y’know maybe he blows up their house and so instead of the three of ‘em, now there’s five of them or more.

Dave Cawley: Word spread among the rest of the West Valley City team. They made immediate travel arrangements.

Shara Park (from February 7, 2012 KSL TV archive recording): Police won’t comment about other details that involve Susan’s case, but they are saying they’re going to question Steven Powell about it.

Dave Cawley: Dax and Mindy Guzman were renting Josh and Susan’s other house, the one on Sarah Circle in West Valley, Utah. Like Alina, they’d received strange emails from Josh. Then, they saw video of the fire on the news. In one of the emails, Josh had told Dax to take his old Yamaha Radian motorcycle from the back yard and sell it for scrap.

Dax Guzman: I was so mad at Josh I, I umm, I took my sledge hammer, my, and my saws and I shredded his uh, his bike. Like I, yeah. I completely, completely tore that bike apart, right there in the yard. I, yeah. I was really, really mad and just went at it with my sledge hammer and just cut up the frame. Cut up everything. Umm, yeah, it was, it was just evil. I can’t, can’t think it. I can’t process it. I can’t even, like, complete the process in my mind to do what he did. I played with those boys. I hung out with those boys. I’d… (pause) …y’know, it was getting close. That’s why he did what he did. It was getting close. And, y’know, part of me wishes that, the boys, they were gone, but part of me wishes that he would have survived and just lived in pain the rest of his life. That would’ve been so great. Blind, not, maybe lost his hands, his feet, whatever. Just been a, a nub of a person. That would have been ok with me.

Firefighter (from February 5, 2012 dispatch recording): We can put water through the window but do not go in the structure unless absolutely necessary.

Dave Cawley: JoVanna Owings, the last person besides Josh to have seen Susan alive, learned of the fire from her sons. They were watching Super Bowl pre-game coverage when the TV station broke in with a live report.

JoVanna Owings: We were watching the live report and I saw a house burning and I saw police cars and I saw, I think I saw a woman by her car in front and she was just, she was being talked to by other people. And I said “what?” And my boys said “Josh just blew up his house and killed his boys.” And I just, I could not believe that. That’s stuff that people make up and put in a movie. It wasn’t, it wasn’t real to me that that could possibly happen. But I did find out that it was real, it did happen. And I still, I was in shock for a good couple days just like, “how could that happen? How could somebody do that to their children?” I have a strong mothering nature and I, I could never, ever do that to my children. I could not understand how, how a father could do that to his children either.

Jennifer Stagg (from February 5, 2012 KSL TV archive): This was the first visit Josh’d had with the boys since Wednesday’s custody hearing, in which he learned he would not be getting his sons back.

Dave Cawley: Susan’s neighbors weren’t the only ones blindsided by the news. Her coworkers, Linda Bagley and Amber Hardman, were as well. Here’s Amber.

Amber Hardman: I was at work. Super Bowl Sunday. I remember that. And all the sudden my phone just started blowing up. Like, people messaging me “did you hear the news? I’m so sorry.” I hadn’t yet. And we had TVs on everywhere at work. I mean, it’s just how it is and yeah, it was right there on the TV before I’d even had a chance to talk to anybody. I was just looking at my phone, like “what is going on?” I look up at the TV and there it is. Again, it felt like you were in a movie. It didn’t seem real. It almost solidified that he had to have killed her. Like, if you could kill your children, if you can do that, of course you could kill your spouse.

Dave Cawley: Rod Stephens, who’d helped Josh unload his U-Haul when he moved to Washington in January of 2010, had himself moved to Utah in the time since. He found out about the fire from his dad.

Rod Stephens: My father called me up and said “Josh killed his boys and blew up his house.” And in fact, it was in the morning when I got the call and I was actually quite hurt for the boys. I could’ve cared less about Josh but I felt really bad for those two boys.

Dave Cawley: Rod saw the murder-suicide as something of a confession.

Rod Stephens: Dads don’t do that, right? You would sacrifice yourself long before you’d ever, ever let one of your kids get hurt. But not Josh. So, what kind of place of evil he had to get to to kill his two boys? Clearly, he killed his wife. There’s no doubt about it.

Jennifer Stagg (from February 5, 2012 KSL TV archive): And now they’re hoping they’ll finally learn once and for all what happened to Susan after police are able to release more details about the case.

Kirk Graves (from February 5, 2012 KSL TV archive): My feeling is Josh’s just admitted to guilt.

Dave Cawley: Dark memories, long suppressed, rose from the depths of Catherine Everett’s mind when she learned of Josh’s final act. Catherine, who’d been Josh’s only true girlfriend before he met and married Susan, had followed every twist in the case, ever since first seeing her ex-boyfriend on the news in December of 2009.

Catherine Terry Everett: Y’know, when it first broke it absolutely devastated me, ‘cause I’m just like “this is not happening,” y’know. I’m like, “this is absolutely too coincidental. How could this be going on, how could I know this person?” And just knowing that it was very probable that Susan was gone. That he was absolutely and utterly capable of doing something like that.

Dave Cawley: She couldn’t believe that Josh had married, moved to Utah and lived for years less than hour’s drive away from her house.

Catherine Terry Everett: It took me to a bad place, just y’know, mentally and emotionally and I was just like, it made me think about a lot of things that, umm, happened between the two of us, y’know and just the way he was.

Dave Cawley: Like so many others, Catherine and her husband Dennis learned of the house explosion in Washington when they saw it on the TV that day. Catherine had celebrated her birthday just one day before. She wondered if Josh had intended to mark the date.

Catherine Terry Everett: I have to be careful when I talk about it and when I think about it because right after he’d killed himself I had some really, really disturbing dreams where he was there but it was like he was, he wasn’t alive. He was obviously dead. And I’m like “I have to be careful about what I let in, y’know, to myself.” And I said, y’know, “I don’t like to talk about it a whole lot.” And I’m sure in some twisted way he thought that he was going to be reunited with Susan and everything was going to be good and great and I’m like “that’s not the way it works. Those kids are going to go to their mom and you’re not going to be able to touch them again.”

Dave Cawley: Forensic psychologist James Manley, who’d recommended Josh undergo a psychosexual evaluation with another provider, was at work on a different report that day.

James Manley: I was working on a report and the colleague that I referred to, Josh to for the psychosexual texted me or something and says “look at CNN right now.” So I did, and it was a helicopter shot of the smoldering home.

Dave Cawley: James was not was so emotionally invested as Susan’s friends or family. He hadn’t spent the same amount of time with the case as the police who’d been nipping at Josh’s heels for the prior two years. But at the same time, he was closer to what’d happened than almost anyone. He had visited that house.

James Manley: The intense violence that Josh had with his sons, talking to forensics, talking to the policemen, talking to the fire chief, talking to the social worker, or rather the agency supervisor that brought the children to the house that I’d just, y’know, a week or so before cleared along with the social worker, uh, was fairly intense. I would say approaching trauma but it really wasn’t, it wasn’t that close to me. But uh, of course you backtrack, uh, and wonder “did I miss something?”

Shara Park (from February 9, 2012 KSL TV archive): The dispatch agency says the calls from the social worker are now under review. Jodi Maier is a communications supervisor at the dispatch center. She says 911 is often misunderstood. She and her agency is asking for time and understanding as the case is looked at.

Dave Cawley: Attorney Anne Bremner hadn’t heard much from her clients Chuck and Judy Cox in weeks.

Anne Bremner: I didn’t hear anything from them when they had those kids. It was the first time that they were like, ok. They were just great. And so it was, oh, just a heartbreaker, y’know, for them.

Dave Cawley: Anne learned of the fire from a reporter.

Anne Bremner: My phone rang and it was, it was a reporter from Utah and said “did you hear?” And I said “hear, hear what?” And he said “there was an explosion at Josh’s house and they think that three are dead.” And I was thinking natural gas explosion because he said there’s been an explosion. And then I can’t remember if I called Chuck or Chuck called me. I think Chuck called me and I said something, “is it, is it true?” And I think he said he was right outside the house. I will will never forget this part. He said “they’re all gone.” He goes “Anne, we told them so.” And I was just like “oh my God.” I mean, I was just, I, I’ve never felt that sick before about something. I sat in my car for a long time.

Jennifer Stagg (from February 5, KSL TV archive): Bremner says the Cox family doesn’t know what’s next. They’re hoping the West Valley City police release what information they have about the case now that their only person of interest is dead.

Dave Cawley: Pierce County Sheriff’s detective Gary Sanders left the house that afternoon.

Gary Sanders: After doing some initial stuff, I went over to Josh’s, or Steve’s house and spoke with Alina and, y’know, tried to see what she said. And she played the voicemail that he’d left people and stuff. Just unfortunate, y’know, in so many ways.

Dave Cawley: He had another, very difficult visit to make.

Gary Sanders: Went and spoke with Chuck and Judy that day. Y’know, not a, it just sucks in the element of, here he took his daughter and now he took the only two, y’know, parts of his daughter that he had, y’know, taking, taking them the way he did. And then hearing the way that he did it, coward that he was, just infuriates you.

Chuck Cox: Gary and his companion came over to tell me “yes, there was a hatchet involved” and, and then confirm officially, but that was hours later and I’d already been there. It got worse as more and more stuff came out about what really had happened to the boys on that day. Having had Braden in my arms before and seeing a fear in Braden’s eyes and uh, just actually more like a terror. Because he just was living some kind of a horrible thing out in his mind and you couldn’t do anything for him. And I could just see, imagine him seeing Charlie get hit with a hatchet and then dad coming after him. And just, could imagine the terror that was in his eyes when that stuff happened. (Pause) And that made it harder for me. But a father who claims he loves his children and could do that to them… (pause) …and a family that still backs him up, after all that. Still.

[Scene transition]

Dave Cawley: Ellis and the West Valley team arrived in Washington the day after the fire, on Monday, February 6.

Ellis Maxwell: It was hard. It was, it was super difficult. Let alone I hate the smell of a fire after it’s been put out by the fire department.

Dave Cawley: Pierce County had put up a chain-link fence around the lot. Ellis could see the roof was gone, along with a third of the exterior walls. Almost all of the interior walls were gone, too. Only the skeleton of the wooden frame remained. The beams were gnarled and blackened. It’d been hot inside the house, so hot a wire birdcage had turned goo. It looked like a piece of modern art.

The remains of Josh’s minivan sat in what’d been the garage. The fire had burned the paint right off of it. The tires had burst, then burned to nothing. The window glass had shattered. Everything plastic had melted, including the headlights, tail lights and door handles. The seats were just metal frames and springs, no upholstery.

A few items had survived. The investigators found a couple of scorched cell phones, three badly burned hard drives, a camcorder, a flash drive and some other computer stuff. They also recovered a pile of Josh’s old journals and personal papers. Those included postcards from three tourist attractions in Idaho: Shoshone Falls on the Snake River, the Shoshone Ice Caves and Old Mission State Park outside of Coeur d’Alene.

Ellis Maxwell: Here you are going through this home and looking for anything that is, that can be saved and you could potentially maybe get some answers from, all while in the back of your mind your primary target, the person responsible for Susan, is now gone. And not only did he take himself but he took his kids, too.

Dave Cawley: If Josh had written any sort of confession letter, it burned with the rest of the house.

Ellis Maxwell: Y’know, you’ve got that playing in the back of your mind and then you’re thinking “oh gosh, y’know, who would’ve thought that he would’ve took his kids out and, and murdered them?” And so then you start second-guessing yourself and reflecting back on the years and going “is there something we could’ve done differently to prevent this and, and for it not to go to, y’know, to this extent?” And so it was, it was challenging. And, y’know, it was something that uh, y’know me personally, I had to work through for, for quite some time. And uh, kinda reflect back and y’know, reflect on that day and the future of the case and, y’know, where’s Susan? I mean, it’s a lot.

Dave Cawley: Ellis called Josh’s brother Michael on Tuesday, two days after the fire. Michael didn’t answer. Ellis knew Michael was living in Minneapolis, pursuing a PhD at the University of Minnesota. He called campus police and asked if they could track Michael down. They did and confirmed Mike had no intention of talking to Ellis.

That afternoon, police went to search Josh’s storage unit in Sumner. They tested several items for blood. One indicated for the possible presence of blood. It was a comforter from a bed. The detectives took it.

On Wednesday, three days after the fire, a pair of investigators went to the Pierce County Jail to talk to Steve. FBI Special Agent Jeff Ross showed Steve photos of the bodies. Steve wouldn’t talk.

Ellis Maxwell: Nah, it didn’t phase him.

Dave Cawley: He described that visit in a letter months later.

Ken Fall (as Steve Powell from August 1, 2012 letter): They continuously dangled pictures of three charred bodies, to try to convince me that Josh was evil. And they tried to get me to talk about Josh. They repeated over and over “you know Josh killed Susan” for three hours.

Dave Cawley: Steve told the FBI the only way he’d share his story would be in a book. As Steve was facing off with the FBI, West Valley police were at the Land Recovery Recycling Center in Puyallup. They started sifting through the huge pile of trash from the previous week, looking for the stuff Josh had dumped the day before the fire.

Pierce County called in volunteers to help. It took them several days, but the volunteers did manage to pull out several interesting items. Those included an issue of a church magazine called The Ensign from 1994, several books which Susan had owned as a kid, a road map of Utah with hand-written pen marks around popular tourist attractions and a Portuguese-language Book of Mormon with Josh’s name embossed on the cover.

Josh had at some point marked just four verses in that book of scripture with a red pencil. One of them was Mosiah, chapter 26, verse 30. In English, that verse reads:

Eric Openshaw (as Josh Powell from Book of Mormon markings): Yea, and as often as my people repent will I forgive them their trespasses against me.

[Scene transition]

Dave Cawley: In the days following the fire, a makeshift shrine to Charlie and Braden popped up along the fence around the burned-out house. Tammy Forman, who’d taught Charlie in kindergarten, said another went up outside of Carson Elementary.

Tammy Forman: And then my kids knew about Charlie. And so my own children were very devastated. My daughter was obsessed with keeping those candles going. So every night she wanted me to drive her over to, to the school so she could make sure all the candles were lit and that was really important to her. And if she couldn’t go, she’d ask her friends to go. And then she and her friends would go and straighten out all the purple ribbons on the trees that people had put up in remembrance of Susan. Yeah, so I know that it was hard on my kids as well.

I felt really numb, so it’s hard to describe. It was like it, it wasn’t, it wasn’t real, like watching a movie about someone else, I guess. I felt very disconnected when I first heard about it. That day also is, I don’t remember it that well, I was just kind of a mess. And the fact that it was so brutal is a lot harder. Like, I’d like, even if he had just blown up the house, that would be better than thinking these boys went into a house, to a dad that they trusted, and that he chopped them up. I, I can’t imagine. I can’t imagine. And almost everyone that I know has some connection to that day. They saw the flames or they know people that were involved. And it really devastated the whole community.

Dave Cawley: Tammy felt angry. She couldn’t understand why Josh had been allowed to have visitation at his house.

Tammy Forman: For a long time after the explosion I would think I saw Josh. It was the weirdest thing. He might have a, like a common look to him or something, but all the time I would do a double take because I’d think I saw him at the gas station or a store or somewhere. And it, it took a long time for me to stop having that experience. I, I don’t know why. And it wasn’t, I didn’t think that I saw Charlie or Braden I would just think I saw Josh frequently.

Dave Cawley: Nancy, from the Puyallup Gem and Mineral Club, found solace from her grief among friends.

Nancy: One good thing was the club. We would have our regular meetings and so it was discussion. It was discussion, the major discussion: should we contact the Cox family? Should we bother them with our feelings? We’re just this little rock club. Who cares about us, really? But another club member said, y’know, “those boys were here. They were club members. And they sat on our laps and they spilled stuff and they ran and they fell down and they got up and they made us laugh and they were club members.”

There was a stone that the boys were interested in and that’s kind of a whole other story but Josh had taken the boys to a club member’s house who had a shop in his house and he wanted to cut a stone for the boys and polish it and give it to ‘em, because he was drawn to the boys as well. He was a older man so they’d be like grandkids to him. So he took, they went to his house, they picked out a stone, and he sliced it and he polished it and he was going to give it to them and it never happened because they died. They were gone.

So, with that, we still had this stone. So our club decided to put a plaque on it and get it to Chuck and Judy. So, I’ll take credit for what it says on it because I’m the one who decided that it was say this. And what I, I took it to a trophy shop and had a plaque put on it that said “Charlie and Braden: Forever in the arms of an angel.” They mounted it on the stone and then we got a hold of Chuck and Judy. And we went to their house, Chuck wasn’t there but we got to have a long discussion with Judy. And it was eye opening, the young couple that she watched pretty much dissolve and turn into what it was. But it was profound. It was profound and touching.

Shara Park (from February 7, 2012 KSL TV archive): And while police try to find answers, Chuck says he’s busy planning a funeral. He says it will be a public one. And Chuck says he’s grateful for the community support and hopes those mourning the loss of his two grandchildren will remember how truly innocent and wonderful they were.

Dave Cawley: Chuck and Judy arranged to inter Charlie and Braden at Puyallup’s Woodbine Cemetery. Susan’s disappearance had been the stuff of network and cable TV for more than two years by that point. Josh’s murder-suicide made national news. The Coxes knew the boys’ funeral was going to draw a lot of attention. So they planned two services, one for the public and one for the family, scheduling both for Saturday, February 11th.

The first took place at the Life Center Church in Tacoma. The church provided a live video feed. Tammy Forman, Charlie’s kindergarten teacher, accepted an invitation to speak.

Tammy Forman: I was really surprised because when I got there, I was immediately taken into where the family was. And that was really awkward because there were people on both sides of the family there. And people who didn’t want to talk to each other. So it was a really uncomfortable situation. But, on the other hand, I really appreciated being treated like family and having them just bring me right in.

Dave Cawley: Josh’s mom, Terri, and sister Alina, sat in a separate section of the auditorium, segregated from the rest of the crowd. Josh’s brother Michael didn’t show up, having stayed in Minneapolis. During the service, Pastor Dean Curry praised both families for setting an example.

Dean Curry (from February 11, 2012 KSL.com archive): These two families who’ve had so much, who’ve had so much pain have come together, have set aside very dark and hurtful moments to celebrate children.

Dave Cawley: Tammy told the crowd Charlie had been a “little scientist” who always had a smile on his face when he knew he was being clever.

Tammy Forman (from February 11, 2012 KSL.com archive): He was an amazing young man. He had an appreciation for nature that I have never seen in someone so young. He loved rocks, sticks, leaves and bugs. He collected these items at recess and always had a hard time parting with them when it was time to return to class. He often left them by the outside door so he could play with them later. On many occasions he tried to sneak a worm or caterpillar into the class. He was a good sport whenever I caught him and he would make sure the bug was safe and sound before joining the class. … He loved learning facts. He called non-fiction books “real books” and  he had an amazing ability to remember what he learned.

Dave Cawley: Kristie King from the Mel Korum Family YMCA pre-K program called Braden a “tickle monster,” a budding puzzle master and a “vehicle boy” who loved cars, trucks and trains.

Kristie King (from February 11, 2012 KSL.com archive): It was obvious that Braden loved his grandparents. At the end of each preschool day, he would look out the window to wait for his grandma to pick him up, telling everyone how much fun he had with them and how much he loved them. He just leapt into her waiting arms. He had a heart of gold, always wanting to show affection. Braden liked to hold his teacher’s hand and not let go. He was cuddly with his grandparents, aunts and cousins. Teachers, classmates and even first-time visitors to the house were showered with Braden’s hugs and “I love yous.” And always there was that big, beautiful smile on a face so like his mother’s.

Dave Cawley: Pastor Tim Atkins, who had counseled Josh in the child custody case, spoke. So did Tim Sloan, a long-time friend to the Cox family.

Tim Sloan (from February 11, 2012 KSL.com archive): We must press forward. We have to learn from this experience and strive to become better fathers and mothers. To have more patience and love and kindness. To withhold our anger. To be gracious to others as the Savior is gracious to us. And long-suffering with us.

Dave Cawley: At the conclusion of the service, Chuck and Judy Cox stepped to the microphone. Tears fell from Judy’s eyes as her husband addressed the crowd in a soft voice.

Chuck Cox (from February 11, 2012 KSL.com archive): All their teachers, their social workers, the police, everyone was doing everything they possibly could to keep them safe and to help them and love them. And we thank you for your support. We know that they’re with their mother. Thank you very much.

Dave Cawley: Then, the family followed the single light-blue casket to a hearse, which took the boys to the South Hill Ward of The Church of Jesus Christ of Latter-day Saints. There, the Coxes held their second, private ceremony for family members and close friends.

Shara Park (from February 7, 2012 KSL TV archive): Sitting in Charlie and Braden’s room, Chuck Cox finds strength in knowing where his two grandsons are now.

Chuck Cox (from February 7, 2012 KSL TV archive): We believe that, that she’s safe in our Heavenly Father’s arms and, and the children are there with her. There’s been a reunion.

Dave Cawley: Terri and Alina Powell had inquired with the Woodbine Cemetery about having Josh buried next to the boys. That had caused an uproar in the days prior to the funeral. Pierce County Sheriff’s Office spokesman Ed Troyer was not about to let that happen.

Gary Sanders: He and our sheriff did a, a big push for that and made sure that didn’t happen, along with Crimestoppers. Umm, yeah that was, that was a big thing. We were not going to let him be buried next to his boys after he killed their mother, so—

Dave Cawley: And them.

Gary Sanders: Yeah, yes. Exactly.

Dave Cawley: The family laid Charlie and Braden to rest at the Woodbine Cemetery on Monday, February 13th. A single headstone marked the grave. At the top, it showed a picture of Susan and her boys together, smiling. The words “United In Heaven” were engraved at bottom, just below Susan’s name and the words “Missing Dec. 6, 2009.”

Gary Sanders: Ultimately it would be nice someday to find Susan so we can bury her next to ‘em and, and they can be together, but we know now that they are together.

Dave Cawley: Josh’s name did not appear anywhere on the stone.

This is not the end of our story. The search for Susan will continue in episode 15. But this feels like an appropriate moment to express my sincere gratitude to all of the people who’ve shared their memories of Susan, Charlie and Braden. They were loved. They are still loved and they will not be forgotten.

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.

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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.