Jacque Waller was found in Alexander County, Ill.

The disappearance of Jacque Waller from one state and the discovery of her body in another could make the person responsible for her disappearance criminally liable in multiple jurisdictions, a legal expert said.

Waller disappeared June 1, 2011. Prosecutors announced her remains were found May 29.

Cape Girardeau County Coroner John Clifton on Tuesday said he and Alexander County, Ill., coroner Willy Bingham are trying to sort out which of them is responsible for signing her death certificate.

Illinois law states that the coroner in the county where a body is found is responsible for signing the decedent's death certificate, but that responsibility shifts if the victim is found to have died somewhere else, Clifton said.

"If they can prove that she was killed or died in Cape Girardeau County and transported over there, then it would be the Cape County coroner's responsibility," he said.

William Schroeder, a professor at the Southern Illinois University School of Law in Carbondale, Ill., said the discovery of Waller's body in Alexander County means her killer could face charges in two states.

"He could plead out in Missouri, and if she died in Illinois, he is vulnerable in Illinois," Schroeder said.

Waller's estranged husband, Clay Waller, faces charges of first-degree murder and two counts of tampering with evidence in connection with her disappearance.

Cape Girardeau County Circuit Judge Benjamin Lewis said Clay Waller is expected to plead guilty during a hearing at 1:30 p.m. Thursday.

Schroeder cited a 1985 case, Heath v. Alabama, in which the U.S. Supreme Court ruled that the Fifth Amendment's double jeopardy clause does not keep one state from prosecuting and sentencing a suspect who already has been convicted of the same crime in another state.

Crimes that cross state lines also fall under federal jurisdiction, Schroeder said.

"Everyone -- the state of Missouri, the state of Illinois and the federal government -- could all go after him," he said. "He could be convicted and have sentences to serve in all three jurisdictions."

A guilty plea in one jurisdiction could bolster a prosecutor's case in another jurisdiction, Schroeder said.

He said the principle behind Heath v. Alabama typically comes into play when authorities in one state feel the punishment handed down by another state was insufficient.

"If he gets a big sentence over there [in Missouri], they probably won't care over here, but if he gets a deal, someone over here might well conclude that he needs to be prosecuted again," Schroeder said. "...It's usually only when the second jurisdiction is dissatisfied. If he winds up with, like, a 20-year sentence, it's possible the people over here would say, 'That's not enough. He needs more.'"

Clifton was not familiar enough with the area where the body was found to address persistent rumors that Waller's remains were discovered on Devil's Island near McClure, Ill., but he confirmed she was found in Alexander County, Ill.

"I was over there, but so was the Alexander County coroner," he said.

Clifton said Jacque Waller's body was taken to the St. Louis County medical examiner's office, where it still was undergoing examination Tuesday morning.

Clifton declined to release specifics about the condition of the body when it was found, noting that Clay Waller has not actually entered a plea yet.

"This plea you're talking about -- it's not a done deal," Clifton said. "The weatherman said it's going to rain, too, but it hasn't."

Bingham, the Alexander County coroner, declined to comment on the case, referring questions to the Cape Girardeau County prosecuting attorney's office.

Angel Woodruff, assistant prosecuting attorney for Cape Girardeau County, on Tuesday said she could not release any additional information about the case, citing ethical concerns.

In general, Clifton said, human remains -- even those that have been exposed to the elements for an extended period of time -- can yield useful information in a criminal investigation.

"You can get ideas on if there's any injury or wounds," he said. "You can get DNA. You can get other tissue for lab study. There's a whole range of things that can be had from that."

The amount of information obtainable from a body depends on a variety of factors, Clifton said.

"Decomposition starts upon death," he said. "Air and water -- especially air -- is an enemy and causes decomposition to accelerate, and so does heat. ... Sometimes water can be your friend if the water's extra cold, as opposed to the water being very, very hot or warm."

epriddy@semissourian.com

388-3642

Pertinent address:

McClure, Ill.