Feds could bring charges in Bahamas disappearance case without ever finding body, expert says
A maritime law expert says that federal authorities could bring charges in the Bahamas disappearance of Lynette Hooker even if they never find her body.
Images taken by Fox News Digital on Tuesday show crime tape around portions of Lynette and Brian Hooker's sailboat, Soulmate, as it's docked at the U.S. Coast Guard's station in Fort Pierce, Florida, after a source said it was seized over the weekend.
The source said investigators were processing evidence onboard the sailboat on Tuesday, which appears to have continued on Wednesday.
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Brian Hooker initially told Bahamian officials that his wife fell off a dinghy after leaving shore at Hope Town at around 7:30 p.m. on April 4, saying that Lynette fell off with the ignition key. Local authorities said that he arrived at a marina at Marsh Harbour at around 4 a.m. on April 5 after paddling to shore, roughly eight hours after his wife went overboard. Despite a weekslong search, authorities haven't been able to locate Lynette Hooker.
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Brian Hooker hasn't been charged with a crime. The Coast Guard Investigative Service is probing Lynette Hooker's disappearance.
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Kenneth Engerrand, an adjunct professor of maritime law at the University of Houston Law Center and shareholder in the Brown Sims law firm, told Fox News Digital that even if investigators aren't able to find Lynette Hooker's body, the Coast Guard's investigation could still result in criminal charges.
"They can't file charges without substantial evidence, but that's why they're on the boat. They're looking for evidence. And what will have to happen is the Coast Guard can develop the evidence that's necessary in conjunction with the U.S. attorney in Florida," he said. "Sometimes it takes more effort to develop evidence, and this is the case where that's the situation because you don't have the body."
"That's a much more difficult process without the body, but it's not impossible to do," Engerrand said.
Engerrand said that Coast Guard investigators didn't need a warrant to search Brian and Lynette Hooker's sailboat since it's American-flagged.
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"They have a specific federal statute for that, and the courts have upheld that, with just a few limitations and so the Coast Guard can conduct a complete investigation with respect to the boat and activity that occurred on the boat under that statute that's valid until they get to the point where they are doing a focused criminal investigation. They don't need a warrant for any of that and once they get to the point of focusing on him, all they need is reasonable suspicion," he said. "They don't even have to have a warrant then to do investigation in connection with activity on a vessel that is an American flagged vessel."
Brian Hooker was detained for five days by Bahamian police after his wife disappeared, but wasn't charged. His Michigan-based attorney previously asked Americans to give him the benefit of the doubt.
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"I would ask those watching to treat him the way you would want to be treated, to give him the benefit of the doubt, and to consider that not all of us, nor you, considering your own relationships, the way you speak to one another, we all handle things in different ways," Crystal Marie Hauser said.
Brian Hooker left the island for the U.S. to tend to his "very ill" mother, his Bahamian attorney previously said.
After Lynette Hooker went missing, Brian said in a Facebook post that he was "heartbroken."
"I am heartbroken over the recent boat accident in unpredictable seas and high winds that caused my beloved Lynette to fall from our small dinghy near Elbow Cay in the Bahamas," he wrote. "Despite desperate attempts to reach her, the winds and currents drove us further apart. We continue to search for her and that is my sole focus."