SAN ANTONIO – Brad Simpson returned to court for a motion to quash his murder indictment on Tuesday.
Simpson has been in custody since Oct. 9, days after his wife, Suzanne Clark Simpson, disappeared from the couple’s Olmos Park home.
During the hearing, Simpson’s defense team withdrew parts of their motion and narrowed their challenge to only a specific portion of the indictment — Paragraph B — which they claim is too vague.
Simpson’s full court appearance on Tuesday can be seen below.
“If you are going to allege an act clear and dangerous to human life, they need to know what that act is,” said defense attorney Steven Gilmore, referring to the language in the indictment.
Gilmore argued that the state cannot prove the act alleged in that section without knowing the specifics. Prosecutors pushed back. They said the absence of a body does not prevent them from pursuing the case.
“We don’t have a benefit of a body for a medical examiner to examine, but that doesn’t prohibit us from filing this case,” said prosecutor Casey Sandoval.
Judge Joel Perez denied parts of the motion after the defense conceded on other portions of the indictment, leaving only Paragraph B in question.
The state was given more time to respond. Both parties will return to court on April 29, when a final decision is expected.
Background
Suzanne Simpson, an Olmos Park mother of four, was last seen at a party at The Argyle on Oct. 6. However, it wasn’t until around 10 p.m. on Oct. 7 that Brad Simpson reported her missing.
Investigators said the couple was involved in a dispute with one another the night of Suzanne Simpson’s disappearance.
On Nov. 7, investigators charged Brad Simpson with the murder of his wife, Suzanne Simpson.
Brad Simpson’s business partner, James Cotter, has also been charged in connection with the case.
Cotter is accused of helping Brad Simpson hide an AK-47 that was illegally modified. Authorities said the firearm was modified into a “machine gun” that was not correctly registered.
Surveillance footage gathered by investigators showed Brad Simpson driving with three large trash bags, a heavy-duty trash can and a “large bulky item” wrapped in a blue tarp the day after her disappearance, an arrest warrant affidavit previously revealed.
Investigators told reporters in November that they believe Suzanne Simpson is dead and that her remains could be in the Bandera area, but they have not provided an update since that time.
Brad Simpson has shown “little emotion” about his wife’s disappearance and is not cooperating with investigators, law enforcement previously told KSAT.
Read more reporting on the KSAT Investigates page.
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