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Michael Vaughan case: Defense asks judge to throw out murder, kidnapping charges against Stacey Wondra

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CANYON COUNTY, Idaho — Attorneys for Stacey Wondra are asking a judge to dismiss murder and kidnapping charges connected to the disappearance of 5-year-old Michael Vaughan, arguing prosecutors failed to establish probable cause during a preliminary hearing earlier this year.

In a motion filed this month, the defense argues that the state's case relies heavily on statements Wondra made to investigators and lacks physical evidence linking him to Michael's disappearance and presumed death.

Wondra has pleaded not guilty to first-degree murder, second-degree kidnapping and destruction of evidence charges tied to Michael's disappearance from Fruitland in July of 2021. Michael's body has never been found.

READ MORE | 4+ years after disappearance, murder charges announced in case of missing Fruitland boy

The defense filing argues prosecutors repeatedly characterized Wondra's interviews with investigators as a confession, but says Wondra never admitted participating in the kidnapping and murder. Instead, the motion claims Wondra described what he believed other people had done while consistently denying direct involvement.

According to the filing, investigators found no DNA evidence connecting Wondra to Michael. The defense also points to testimony that investigators did not find evidence of significant value in electronic communications, social media accounts, searches of the Wondra home or forensic examinations of vehicles connected to the investigation.

The motion highlights searches of the Wondra property, including excavation of the backyard after Wondra allegedly identified a possible burial location. Michael's remains were not found.

A major focus of the filing is the state's theory that Wondra acted as an accomplice in Michael's kidnapping and death. Defense attorneys argue Idaho law requires active participation, encouragement or shared criminal intent to establish accomplice liability and contend Wondra's statements do not show he helped commit a crime.

The filing also challenges portions of the probable cause affidavit used to support the charges. Defense attorneys argue the affidavit incorrectly states Wondra admitted helping transport Michael, conceal a body and dispose of evidence.

The motion comes months after a judge determined prosecutors presented enough evidence during preliminary hearing to move the case toward trial.

RELATED | Stacey Wondra to stand trial for the murder of Michael 'Monkey' Vaughan

During that hearing, prosecutors played hours of recorded interviews conducted while Wondra was jailed on an unrelated charge. In the recordings, Wondra described seeing Michael restrained with duct tape and referenced a duffel bag investigators believe may have been used to transport the child. Prosecutors argued Wondra attempted to minimize his own role while implicating others and said his actions showed he knowingly participated in an ongoing kidnapping.

Earlier this month, District Judge Brent Whiting approved a request from both the prosecution and defense to move the case from Payette County to Canyon County, citing concerns about finding an impartial jury in the high-profile case.

READ MORE| 'It wasn't a surprise': Michael Vaughan's mom reacts to trial being moved to Canyon County

Wondra is scheduled to return to court for a status conference on July 14. Jury selection is set to begin in September, with trial currently scheduled to start Sept. 14.