Prosecutor sees lack of evidence for further charges
By ISHMAEL TATE - itate@thestate.com
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Sallie Jones, of Columbia, has been waiting since June 10, 2006, to hear from her daughter, Portia Washington, and her great-granddaughter, Angelica Livingston.
They are presumed dead, though their bodies haven’t been found.
“It’s really hard not knowing what happened to them,” Jones said.
In Lexington County, a man has been sitting in jail for almost a year, waiting to find out whether he will be charged with murder in their disappearance.
West Columbia Police Chief Dennis Tyndall says Kenneth Lynch, Washington’s live-in boyfriend, knows what happened.
“I want to give this family some closure,” Tyndall said.
Lynch has been in the Lexington County jail since last August with a $500,000 bond, charged with stealing Washington’s car.
He isn’t talking.
And Jones likely will have to keep waiting for closure. There’s a stalemate between the police department and the solicitor’s office over when — or whether — to charge Lynch.
The final decision belongs to 11th Circuit Solicitor Donnie Myers. Murder cases without bodies are rare; convictions are even more so.
Myers says he doesn’t have enough evidence to prosecute Lynch on murder charges.
“We are no closer to bringing any further charges,” Myers said this week. “They just need to produce more evidence.”
Lynch’s lawyer, Ari Bax, could ask a judge to reduce the bond, which defense attorneys say is excessive for a car-theft charge.
But longtime defense attorney Jack Swerling said Bax likely has a reason for not requesting a new bond hearing.
Asking the court to reduce the bond “might force the state’s hand to go ahead and bring additional charges,” Swerling said.
WITHOUT A TRACE
There are more questions than answers in the case. What happened to Washington and Angelica? Where are they?
What is known is that Washington, 54, and Angelica, who would have turned 9 on July 1, have been missing since June 2006.
Lynch was found June 18, 2006, on a Greyhound bus, trying to cross into Canada from Washington state. Washington’s tan Ford Focus was found abandoned near the Seattle bus station.
But police don’t think Washington and Angelica ever made it to Washington.
NO BODY, NO CRIME?
Murder charges are rare in cases when the victims’ bodies are not found.
“You have to prove these people don’t exist anymore, that they’re not just somewhere else,” Tyndall said.
There have been no murder cases in West Columbia in which the body has not been found, Tyndall said.
But there have been at least two high profile cases in South Carolina in the past five years in which people were convicted although no body was found.
In 2004, Branden Basham and Chadrick Fulks received the first federal death sentence in state history. The body of 44-year-old Alice Donovan, kidnapped from a Conway Wal-Mart parking lot, was never found.
In 2003, Jeffrey Weston was the first person in Richland County convicted of murder without the victim’s body being found. He was sentenced to 40 years in prison for killing his 78-year-old mother, Frances Franchey.
WHAT’S NEXT
Tyndall has been vocal about investigators’ belief that foul play befell Washington and Angelica — and that Lynch is responsible.
Police officials announced in August they would treat the case as a double homicide.
Tyndall said the apartment Lynch and Washington shared is a crime scene and physical evidence links Lynch to the disappearances.
Tyndall hopes Lynch will start talking.
“There are some things that we know that (Lynch) doesn’t know we know,” he said.
He declined to be more specific.
Myers said police had not provided him with enough evidence, though he wouldn’t say what he thought the case was lacking.
The choice to prosecute can be difficult because of pressure from police, the public and victims’ families, Swerling said.
The solicitor is “the one who has to take it to court and prove it beyond a reasonable doubt,” he said.
BEHIND BARS
Bax declined to say whether he was going to ask for a bond reduction for his client, which could make it easier for Lynch to get out of jail.
Bax said he filed a motion in January to compel the solicitor’s office to hand over evidence against his client on the car-theft charge. He hopes to have a hearing before an administrative judge next week .
“I’ve asked repeatedly for items, and I’ve been told repeatedly that I was going to get them, but I haven’t,” he said.
WISHING, WAITING
It’s been a difficult year for Sallie Jones.
Her mother, Frances Simons, died in March just shy of her 88th birthday.
She marked the anniversary of her only child’s disappearance in June.
She has stopped calling the police for updates.
“I just don’t bother them like I used to because I know they are doing all they can.”
Jones has been spending time with her sisters, but not a day goes by that she doesn’t wonder about her daughter and great-granddaughter.
She’s beginning to accept that they aren’t coming home but is not yet ready to have a memorial service.
“I just don’t want to have a service until they find them.
“I really wish he would tell what he done with them, but it don’t look like he’s going to.”
Reach Tate at (803) 771-8549.
THE CASE
Jan. 10, 2006 — Portia Washington, 54, tells Cayce police her live-in boyfriend, 46-year-old Kenneth Lynch, assaulted her in their apartment. Her 7-year-old granddaughter, Angelica Cassandra Livingston, is a witness. Washington decides not to press charges.
June 10, 2006 — Washington and Livingston, who live at Park Place Apartments in West Columbia with Lynch, are last seen.
June 11, 2006 — Lynch reportedly is in the Midlands area.
June 12, 2006 — Lynch is in Vicksburg, Miss., where he stays in a hotel.
June 13, 2006 — Lynch is in Waskom, Texas. Investigators believe he attempted to make an ATM withdrawal.
June 14, 2006 — Relatives report Washington and Livingston missing.
June 14, 2006 — Texas state troopers stop Lynch for speeding in El Paso, along the Mexican border. The missing persons report has not yet been entered into a national database.
June 15, 2006 — Lynch is in Casa Grande, Ariz., where he stays in a hotel.
June 17, 2006 — Lynch buys a Greyhound bus ticket in Seattle.
June 18, 2006 — Lynch is arrested in Washington state while trying to cross the Canadian border by bus. He is charged with grand larceny in the theft of Washington’s car.
June 19, 2006 — A $500,000 bond is set for Lynch, who fights extradition to South Carolina.
June 20, 2006 — Investigators and dogs search the Saluda River area near Riverbanks Zoo but find nothing.
June 22, 2006 — State Law Enforcement Division agents fly to Seattle to examine Washington’s 2005 Ford Focus, found two blocks from the Greyhound station.
Aug. 4, 2006 — Lynch is returned to South Carolina to face a grand larceny charge.
HOW TO HELP
Anyone with information on the case is asked to contact West Columbia police at (803) 794-0721.
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