Prosecution In A Murder Trial

Prosecution in a Murder Trial

When there is no body present in a murder case, the prosecution must first prove the victim was killed and the death was the result of a criminal act by establishing evidence other than what would have been on the missing body. Since a defendants’ confession to a crime where there is no body present is not sufficient evidence to convict, the prosecution must provide substantial independent evidence which would tend to establish trustworthiness of the confession. The prosecution could accomplish this by establishing a violent history between the defendant and victim, producing eyewitnesses to the crime, proving the defendant was the last one to see the victim prior to their disappearance, and producing the existence

of a crime scene or murder weapon.
People v. Brasic (1988)
In 1974, the victim Christine Honson was reported missing by her husband George Honson. George claimed Christine had a good relationship with her children, but had a drinking problem which caused an occasional fight with George. While drunk, Christine would sometimes leave the home and return a few days later. In the fall of 1974, during a drunken fight, George told Christine that if she wanted to drink, then the next time she should leave for good. A few weeks later George found suitcases in the backyard and discovered Christine was gone. When she didn’t return home that week, George drove to Grand Rapids, Michigan, and left her suitcases with Christine’s relatives. Upon returning home, George reported Christine missing and divorced her a year later.
Prosecution
In 1986, Nicholas Brasic Jr., was convicted of rape and first-degree murder in Christine Honson’s presumed death. The prosecution built their case by establishing Christine had not been seen or heard from since September 1974. Prosecution established, although Christine had a drinking problem, she had a good relationship with her three children, her sisters and their families, and would not have abandoned them. Prosecution also established that Christine’s social security number had no activity since the summer of 1974, and Christine did not renew her driver’s license. Key witness for the prosecution, Paul Howell, testified that at the end of September 1974, Honson came to Grand Rapids looking for his brother. Howell and Brasic were at the apartment drinking. The two men left the residence with Honson in Brasic’s yellow van and drove to a field north of Grand Rapids. Howell stated Brasic and Honson went to the back of the van to have sex. Howell heard Honson refuse to have annual sex with Brasic. Howell stated he heard Brasic beating Honson for ten to fifteen minutes and Honson crying and groaning. Brasic got back into the driver’s seat and drove Howell home. Howell stated the next day he asked Brasic what happened to Honson, and Brasic told him he’d taken care of it and that is all Howell needed to know. Prosecution brought two other witnesses to testify that Brasic told them he had beaten a girl to death in his van and buried her body near South Bend, Indiana, for refusing to have sex with him.

Appeal Case
On appeal, Brasic claimed the prosecution failed to prove corpus delicti independently of his statements to prosecution witnesses.
But it was determined the prosecution presented the testimony of numerous family members, lack of activity on Christine’s social security number or driver’s license, and eyewitness testimony that Brasic had beaten Christine and she was last seen alive with him. Once prosecution established corpus delicti, they were free to bring in Brasic’s statements.
Sentencing
In July 1986, Nicholas Brasic Jr., was sentenced to life in prison for the murder of Christine Honson. Honson’s body was never found, but due to the circumstances involved, foul play was suspected.