What lies beneath

Judge Radzibon:  It appears clear to the court that Charles Rutherford is deceased and is the victim of a boating accident.

It was exactly what Charles and Patricia Rutherford had hoped for—a legal declaration that their missing son is dead—something they hope will finally put to rest any suggestion that he was involved in Lana’s death.

But if the Rutherfords were relieved, the Stempiens were furious.

Tom Stempien, Lana’s father: How could they push this through and it wasn’t even a year yet?

Lana’s dad believes it’s premature to draw any conclusion about Chuck—pointing to all the unresolved questions about Lana’s jewelry, the knob in her shoe, the mysterious blue fenders and the missing data from her GPS—things that in his eyes just don’t add up to a boating accident.

Chris Hansen, Dateline correspondent: You can’t accept that at this point?

Tom Stempien: No, when there’s no body, I can’t accept it.

As he announced his decision to declare Chuck dead, the judge did acknowledge the lingering questions surrounding the case.

Judge Radzibon: There certainly are some questions that may remain there’s always things that any finder of fact wishes could be explained in greater detail, or perhaps more stones unturned.

But it is the very idea that any stone remains unturned that infuriates Tom Stempien.

Hansen: Do you believe the Michigan State police have done a thorough enough job investigating this case?

Tom Stempien: No. No. They didn’t do their job. They didn’t follow up on all the leads. They just wanted to sweep it under the rug. They made up their mind that this is what happened, it was an accident. And forget it.

Lana’s dad accuses the police of making a rush to judgment, beginning with their decision to return Lana’s boat to her family the very same day they inspected it, never treating it as a potential crime scene.

Hansen: Looking back, do you wish you had kept that boat longer and processed it more thoroughly for potential evidence?

Det. Robin Sexton, Michigan state police department: I don’t think we would have found anything more, otherwise I wouldn’t have released the boat.

Hansen: Was there a fingerprint examination?

Det. Sexton: The boat when we got there had been through a rainstorm. The boat was wet. Normal fingerprinting techniques do not work.

Hansen: What about down below?

Det. Sexton: The hatch was open. There was condensation below.

Hansen: So that was compromised as well?

Sexton: It made it a difficult environment to gather evidence in, yes.

Though he’s well aware of the Stempien family’s dissatisfaction with his investigation, Detective Sexton maintains the Michigan state police have been thorough.

Hansen: Do you feel that you and your people have followed up on every potential lead?

Det. Sexton: I don’t know of anything we’ve missed.

Sexton says his investigation will continue, as will the search for Chuck Rutherford’s body.

Just as certain to continue is the ever widening divide between two families whose children once seemed happily in love.

Lana’s parents say the Rutherfords still refuse to allow them into the house their daughter once shared with Chuck.

And in June, the Rutherfords ordered the Stempiens to court, demanding they return a list of Chuck’s personal items,  a list that included seemingly mundane things like shampoo and a cup.

Tom Stempien: It’s really hard to believe, especially after them not letting us in the house—it’s just driving me up a wall.

Hansen: Did you ever reach out for Mr. Rutherford and say ‘Hey, look you know this has been a horrible thing for both families, let’s work together on this’?

Tom Stempien: I told him that. I says ‘Charlie, I don’t know why we’re fighting amongst each other. Let’s find out the truth. That’s all I wanna know is what the truth is, I really wanna know the truth.’

But the truth for Lana and Chuck’s families means two very different things. One grieves for a son they believe died in some kind of tragic accident... the other grieves for a daughter they suspect died as the result of foul play.

Tom Stempien: We go to the cemetery at least once or twice a week and I told her that “Lana, no matter what happens, I’m gonna find out exactly what—who did it and what happened.”  I got to find out what happened out there on that boat.

Tom Stempien is convinced something conclusive will turn up ... something that will eventually ease the aching sadness he and his wife feel every time they sit outside, barely able to look at a lake that only makes them think of Lana.

Hansen: She was truly daddy’s girl.

Tom Stempien: (tearing up)  Yeah she was.

Hansen: Around the time Lana disappeared, you had a heart procedure.

Tom Stempien: Right.

Hansen: Which you’ve since recovered from. Do you think you’ll ever recover from the broken heart?

Tom Stempien: Never. Nope. I miss that girl very much.

A memorial mass for Chuck Rutherford is scheduled for later this month in Detroit.

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