Case Against Mark Redwine 'Going To Be Difficult'

DURANGO, Colo. (CBS4) - The case against Mark Redwine, the man indicted in his son's death, will not be an easy one, according to a legal expert.

Legal analyst Karen Steinhauser says prosecutors have their work cut out for them, considering this is a circumstantial case.

Dylan Redwine and Mark Redwine (credit: CBS/La Plata County via Bellingham police)

"You don't have what we'd refer to as the smoking gun," Steinhauser said. "We don't have an eyewitness, someone who could say I saw the two of them together."

Mark Redwine faces a second degree murder charges, as well as child abuse charges, in the death of his 13-year-old son Dylan, who disappeared nearly five years ago. It's been four years since his remains were discovered within a few miles of his father's home.

Dylan Redwine (credit: CBS)

Now, after a grand jury indicted Mark, Dylan's father has been arrested.

"It's an indictment, where the grand jury has said 'we believe there is probable cause to believe the defendant committed these charges,'" Steinhauser said. "It's a far cry of proof beyond a reasonable doubt."

Karen Steinhauser (credit: CBS)

Redwine still needs to be extradited to Colorado, and Steinhauser says many other issues could delay any sort of trial. A big one would be where to hold it.

"Issues around whether there's going to be a change of venue, given how small the county is and how many people know his father. I believe this case is going to be a long time before we ever get to a jury."

Mark Redwine in court in Washington (credit: CBS)

During Redwine's court appearance in Washington on Monday, extradition was not discussed. When it does come up, he has the option to wave it or to fight it.

Mark Redwine is due back in court on Aug. 18.

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