NORFOLK, Va. — The Cory Bigsby murder trial is the fourth ‘no body’ murder case in Hampton Roads.
Bigsby is charged with the murder of his 4-year-old son, Codi Bigsby. Codi’s body has never been found.
So how likely is it to convict someone of murder when the victim’s body has never been found?
Disappearance of Codi Bigsby
Defense rests case in Cory Bigsby murder trial; Bigsby does not testify
"The body is the most important part of it," Eric Claville, a legal analyst said. "However, it’s not so much needed based upon circumstantial evidence."
Claville points out noticeable conviction numbers when there is no body.
"According to A&E, there have been over 500 no body trials tried in this country," Claville said. "About 86% of those trials have found a guilty conviction when there is no body. This is compared to a 70% conviction when a body is present."
In the murder trial, a corrections officer testified that Cory admitted in a letter to finding his son unresponsive and putting his son in a trash bag. Other officers testified that Cory wrote different confessions too.
Watch latest update on the Cory Bigsby trial: Defense rests case in Cory Bigsby murder trial; Bigsby does not testify
Claville says there’s three things needed when it comes to prosecuting a murder trial.
"First, it’s a confession from the individual charged," Claville said. "Second, it’s a confession from a friend, family member or someone associated. Third, it’s physical evidence like DNA, hair, evidence or blood."
The Portsmouth Commonwealth's Attorney, Stephanie Morales, says in Hampton Roads, there have been three trials where no body was found that resulted in a conviction.
They include Adrian Lewis who was sentenced to life in the death of his wife in 2023, Lamont Johnson who was sentenced to 25 years in the death of his ex-girlfriend in 2022 and Freddie Lee Hall who was sentenced to life in the death of his acquaintance in 2013.
When it comes to “no body” trial convictions Morales said the following:
“Witnessing a "no body" homicide case proceed to trial is a rare occurrence.
Of the three Hampton Roads trials to proceed in this manner previously, all resulted in a conviction.
Without the determination of a victim's manner and cause of death by way of autopsy, most "no body" homicide trials are based wholly on circumstantial evidence.”
