Trial Awaits Charles Capone & David Stone For Missing Mother's D - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Trial Awaits Charles Capone & David Stone For Missing Mother's Disappearance

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After 3 days hearing evidence in a preliminary trial, a Latah County judge determined there is enough evidence to try David Stone & Charles Capone for murder. The two are accused of murdering 40 year old Rachael Anderson in 2010 and disposing of her body. Her remains have never been found. Investigators say the two conspired to kill each others wives. An arrangement date has been set for August 7th in Latah County. The judge will determine when to set a jury trial date.
   

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It's been three years since Rachael Anderson vanished without a trace, leaving behind four young children.

Her body has never been found, but just a few months ago her estranged husband, Charles Capone, and a family friend were taken into custody. Both of them have been charged with her murder.

Investigators say Charles Capone and David Stone slipped Anderson a sleeping pill and once she was unconscious, killed her. Capone and Stone were arrested earlier this year and arraigned in Latah County. Tuesday there was a preliminary hearing, unveiling even more disturbing evidence.

Prosecutors say they have more than 30-witnesses to put on the stand, all in anticipation for a jury trial.

At the hearing Tuesday, several witnesses took the stand, including a man named Christopher Porter who is friends with David Stone. His statements to police almost 3-years ago revealed a shocking exchange between he and David Stone.

Porter told police that David Stone approached him and asked him to kill his wife for $10,000. Porter refused. But in a later conversation, Porter said Stone told him, that Stone & Capone made a pact to kill each others wives.

After listening to that interview, Stone's defense attorney pointed out Porter was never under oath.

Because this is a preliminary hearing its possible a jury may never hear some of the evidence presented on Tuesday.    

Shortly after Racheal Anderson's disappearance, Capone was arrested on unrelated federal weapons charge. He served time for that, then was charged with assaulting Racheal Anderson. All that time he was in jail, investigators were building their case against he and David Stone.

Tuesday the judge heard from several witnesses including detectives who say Capone admitted to his involvement.

Capt. Tally with the Asotin County Sheriff's Office told the court Tuesday that Capone told him that he stalked Anderson because Capone believed she was doing the same to him.

Tally also told the court, when he spoke to Charles Capone at the Moscow police department a month after Anderson disappeared, he said, "Charles you are going to tell me two things: One, that you killed Racheal. Two, where her body is."

Tally said Capone responded by saying, one of those is correct and that he did not kill Racheal.

Again this is just a preliminary hearing and is expected to continue Wednesday and Thursday.

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