On Sunday, Jan. 15, 2012 KFBB reported that the two men questioned by the FBI this week in the disappearance of Sherry Arnold of Sidney, MT have now been charged with aggravated kidnapping.
The men, 47-year-old Lester Van Waters Junior and 22-year-old Michael Keith Spell hail from Parachute, Colorado according to Sidney Police Chief Frank Difonzo.
KFBB also reported that while the Arnold family has confirmed Sherry's death, the FBI had not confirmed it, nor had the federal law enforcement agency confirmed that the missing Montana teacher's body had been found as of Sunday night at 8:30 p.m.
FBI has been so silent
The FBI has taken a unique approach in the Montana missing woman case of Sherry Arnold: The law enforcement agency has not come right out and issued a press statement that two men have been arrested for the crime, or that the body had been recovered--or that they have everyone in custody who is involved as of Sunday, Jan. 15, at 8:30 p.m..
Instead, the FBI issued a press release two days earlier, using terminology such as “in custody” and “being questioned” and “continuing investigation." And they have now allowed the Sidney Police Chief to inform the public on Sunday evening, Jan. 15 of the aggravated kidnapping charges, instead of doing it themselves.
Also, ABC News reported on Jan. 15, that a memorial service was held for the Sidney, MT teacher on Friday night and that Sherry Arnold’s husband has said, essentially, that the math teacher’s remains have been returned to the family.
“It wasn’t how we wanted her to come home, but she came home to us.”
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While the FBI continued to withhold the suspects names and details about how Sherry died, or if her body was recovered, they had to either charge the two men being questioned (and in custody) or to let them go no later than Sunday night, as it would have completed the 72-hour window allotted them for questioning without bringing charges.
The two men were charged.
If the FBI had everything they needed in order to make a case against the two men for murder, they would not have hesitated to issue a statement to that effect, or have the Sidney Police Chief Frank Difonzo do so, as he just did for the aggravated kidnapping charges.
This says they don't have the evidence needed to do so, or a body, or the two men didn't kill her, or there could be others involved that are guilty of that aspect of the crime.
Law enforcement’s unwillingness to disclose body details in cases of homicide can be out of respect for the family, due to not having recovered a body yet, or because they are awaiting an autopsy report and toxicology findings.
It could also have been due to not wanting to tip the hand of the suspects in custody (while they questioned them). Not disclosing all known facts to people being interviewed or interrogated enables police to confirm if the information they are getting is verifiable and the suspect is being truthful.
References: FBI Press Release, ABC News, KFBB
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