Prosecutors have until 5 p.m. today to file charges against Mark Hacking in the death of his wife, Lori.
A judge already granted the Salt Lake County Attorney's Office additional time to prepare its case last week. But if needed, prosecutors could ask for another extension or opt not to file charges at all.
Police arrested Hacking last Monday for investigation of criminal homicide.
They believe he killed his wife while she slept sometime between the night of July 18 and the morning of July 19.
Hacking reportedly confessed to his brothers, Lance and Scott Hacking, that he killed Lori while she was sleeping and placed her body in a Dumpster, according to a court filing.
Without a body, prosecution could be tough, according to legal experts. Robert Stott, spokesman for the Salt Lake County District Attorney's Office, refused to talk specifically about the Hacking investigation.
But, hypothetically speaking, it is possible to bring homicide charges against someone even if a body is not found.
"Could we prosecute without a body? Yes, but it would be in very exceptional circumstances," Stott said. "We'd want some strong evidence pointing to the fact that the person was actually killed and is not missing."
Salt Lake City Police Chief Rick Dinse said he is "confident we have a good case here," and that Hacking could be prosecuted without a body.
In the two weeks since Lori's disappearance, police have collected evidence such as a knife with human blood stains and hair, blood from the headboard of the Hackings' bed and the bed rail, and blood flakes from Lori's car that matched the blood found in the apartment, according to a court document.
A team of cadaver dogs continued to search for Lori's body at the Salt Lake County landfill Sunday night and early this morning.
Police have also enlisted a backhoe to help sift through the 3,000 tons of trash. As of late Sunday, police said they had discovered nothing of consequence.
Lori's father, Eraldo Soares, said in a statement Friday that he is "outraged" about his daughter's reported death and the "cowardly way in which she and her baby were brutally murdered in cold blood while she slept." Lori was reportedly 5 weeks pregnant at the time of her disappearance.
"The gutless attempt at covering up this monstrous act is appalling," Eraldo Soares wrote. "It is difficult to imagine a more disrespectful way of disposing of her remains. No family should have to lose a daughter and sister this way."
Hacking initially reported his wife missing to police at 10:07 a.m. and again at 10:46 a.m. July 19, but investigators spotted red flags about his alibi almost immediately.
For instance, Hacking telephoned his father at 10 a.m. July 19 to say Lori's work clothes were still laid out at home and her lunch still in the refrigerator, a police report states. About the same time, Hacking also called Lori's workplace, reacting with surprise to news that she never had arrived. A store clerk has also said that just before 10 a.m., Mark entered his business and purchased a mattress.
Detectives also discovered Hacking had a history of lying — including telling lies to his family about his schooling record. Hacking claimed he graduated from the University of Utah and had been accepted to medical school in North Carolina.
Both stories proved false.
Hacking remains in the mental health unit at the Salt Lake County Jail on $500,000 cash-only bail.
Lori's family has planned a memorial service for Lori Saturday at 11 a.m. at the LDS Windsor Stake Center at 60 E. 1600 North in Orem.
In lieu of flowers, contributions may be made to the Lori Hacking Memorial Fund at any Wells Fargo Bank or by mail to Thelma Soares, 1501 N. Canyon Road, Provo, UT 84602.
E-mail: ldethman@desnews.com