Police are still looking for her body.
Tarrance Lee appeared in court Tuesday morning. His attorney is essentially saying the state can't prove a murder was committed, because there is no body and no cause of death.
Lee's attorney is asking the judge to reverse the decision of finding probable cause for murder, or set a bond for his client.
Lee was arrested on August 18. The 49-year-old is accused of killing his wife, 45-year-old Trina Winston. Lee's friend told police he asked for his help in disposing of the body, believed to be Winston.
The search for Winston’s body is going on right now in Illinois. Lee's attorney told WSBT Tuesday morning that with no body and no cause of death, "how do you prove murder?" So he is asking the judge that the arrest warrant be suppressed. Or, if the judge does find there was probable cause for him to be arrested, that he be allowed to post bond because of the lack of a body.
The judge will make a decision on September 21.
Judge Jane Woodward Miler also disclosed that a child she and her husband have guardianship of is related to the victim. She said if any of the attorney's are concerned, they can file a motion.
Winston's family was in court Tuesday morning. They told WSBT they will be at every single court appearance.
Lee has a violent history. He has served time for two murder charges and an attempted murder charge in a 1986 drug-related shooting in South Bend.
He was released in 2006 for good behavior.
Winston's family doesn't think he should have been released early.
And Winston's family told WSBT she would have been turning 46 on September 6 – in a little more than a week.
