What lies beneath

On August 3^rd, just shy of the one-year anniversary of Lana and Chuck’s disappearance, Charles and Patricia Rutherford made their first public comments about their son.

Patricia Rutherford, Chuck’s mother (in court): I spoke with him daily, I saw him practically daily.

The Rutherfords had come to a courtroom in Northern Michigan, not far from where Lana’s body was discovered, to ask that Chuck be legally declared dead.

Wendy Linehan, Rutherford’s attorney: We’re requesting that this honorable court determine that he died by accident or disaster.

In Michigan, five years must pass before a missing person is presumed dead, but Chuck’s parents petitioned the court after dealing with a year of speculation, sometimes cruel, that their son is still alive, perhaps even involved in Lana’s death.

Still, with no sign of Chuck’s body, even after repeated searches by state police divers, their request came as a shock to Lana’s dad.

Tom Stempien, Lana’s father: I can’t believe that they did it so soon.

Chris Hansen, Dateline Correspondent: Why does that bother you?

Tom Stempien: What proof do they have that he’s dead?

Ever since Lana and Chuck disappeared, tensions between their families have escalated—and the courtroom reflected their increasingly hostile divide.

A group of Lana’s cousins sat on one side of the small room, arms tightly folded, never acknowledging Chuck’s stoic parents, or his younger brother John, who was seated on the other side of the room.

There was just one subpoenaed witness: Detective Robin Sexton, who wrote the sole exhibit submitted at the hearing:  a 7-page report summarizing his investigation.

Lawyer: In your opinion, is Mr. Rutherford deceased?

Det. Robin Sexton, Michigan state police: I believe so. There is no indication that he is alive. We have received no credible information that he is still living.

Though he’s now received numerous leads about supposed sightings of Chuck, Sexton said none has proved valid.

Det. Sexton: All of them were based on the fact that they had a dream he was there. They thought they saw him at an intersection. He kinda looked like somebody. Nothing credible.

Judge Kenneth Radzibon, Presque Isle County Chief Circuit Judge: Did you have an opportunity to review all of his financial holdings?

Det. Sexton:  Yes.

Judge Radzibon: Has there been any transactions involving those financial holdings other than by his conservators?

Det. Sexton: None.

Judge Radzibon: Did you look into e-mail accounts?

Det. Sexton:  Yes, there’ve been no transactions.

Chuck’s parents, who are co-conservators of his estate, agreed they’ve seen no evidence their son has attempted to access his bank or email accounts.

Mr. Rutherford: No activity in the financial accounts, credit cards, banks or anything.

What’s more, Patricia Rutherford said she used to talk to her son every day—but the last time they spoke was August 9^th of 2005, the day before Chuck and Lana set out on their boat trip.

Lawyer: Have you heard from him since?

Patricia Rutherford, Chuck’s mother: No, I have not.

Lawyer: Have you seen him since?

Patricia Rutherford: No, I have not.

Lawyer: Have you received any contact from him, be it email, cell phone messages, through a third party?

Patricia Rutherford: Nothing.

But if Chuck is still alive, could he be reaching out to other people — friends, employees at his law firm, even clients? Maybe even doing it with a fake name?

Judge Radzibon: Did you look into accounts of employees or other family members as well to see if there was any type of contact that might lead you to believe that Mr. Rutherford was attempting to contact people he knows, family members, employees, through another name?

Det. Sexton:  Not that. No, I have not been able to do that.

Looking surprised to learn police haven’t at least pursued that possibility, the judge pressed Detective Sexton further.

Judge Radzibon: Did you or anybody else working under you on the investigative team make contact with the clients of Mr. Rutherford?

Det. Sexton: No.

Judge Radzibon: So nobody has bothered to call any of the clients?

Det. Sexton: We have not contacted any of the clients.

Judge Radzibon:  Is there some reason why that didn’t happen?

Det. Sexton:  Didn’t really see a need to, your honor.

But Chuck’s dad, a respected Michigan attorney who maintained his son’s law practice for 3 months after he went missing, says he’s seen nothing in his contacts with Chuck’s clients that seems remotely suspicious.

Lawyer: Anything that occasioned you to believe that your son was alive?

Mr. Rutherford:  No, nothing whatsoever.

Lawyer: Mr. Rutherford, do you believe that your son is deceased?

Mr. Rutherford: Yes, I do.

Chuck’s mom quietly answered that difficult question the same way.

Judge Radzibon:  Mrs. Rutherford, do you believe your son to be deceased at this point?

Mrs. Rutherford: Unfortunately, yes.

Throughout most of the hearing, Chuck’s parents remained composed, but it was finally too much for Charles senior, as he struggled to hold back tears.

Judge Radzibon:  No one in your family has had any contact with Charles?

Mr. Rutherford: That’s correct your honor, nobody.

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