West Valley police brought him in for three interviews after his wife Susan Cox-Powell disappeared in 2009.
Powell committed suicide last year but not before killing his own two sons. Susan’s body has never been recovered. And in May police closed their active investigation.
But on the interview of December 8, 2009 Powell walked into the interview and police immediately noticed scratches on his hand.
Josh: "I think that's new (scratches), that's new. They get bigger. Those are new."
The detective left the room and Powell sat alone for several minutes. A police detective returned and began asking him questions.
Police: "Has she ever left your boys before?"
Josh: "During the day but not any extended period."
Police: "Why is it that she left this time?"
Josh: "I don't know. I can't even think of what is going on."
Police: "Well I need your help Josh. You know her better than I do. She's left your boys. She's left you."
Josh: "No I don't think she did."
Police: "You don't think so?"
Police eventually found Susan's cell phone in the van. But at the time they didn't know that and police asked if he tried calling her or if she called him.
Josh: "I should probably check. I don't think there's any voicemail."
Police get few answers about possible enemies. But Josh says she had personal problems.
Josh: "She was suicidal. She was just sad I guess."
Police: "What was she sad about?"
Josh: "I wasn't always, I do a lot but I don't always do everything that she wants you know. For a while we were all affectionate but I don't know if she was upset at work but I don't know all."
The day after Susan disappeared she was supposed to take her kids to daycare. But no one showed up. Police kept asking Josh what happened to her.
Josh: “I just don’t think she would leave on her own.”
Police: "Okay, that's a start. She wouldn't leave on her own. What do you think has happened?"
Josh: "I just don' know. I mean, you know, you can sit and speculate but I don't have any clue.”
Police: "What do you think I'm speculating?"
Josh: "The closest people to the person are the top suspects."
After more than two hours of interviewing Powell, Josh asks the detective if he’s a suspect.
Police: "Have I told you, you are a suspect?"
Josh: "Well it's felt like it a few times."
Police finally read Josh his Miranda Rights. The detective wants to continue with the questioning and Powell hesitates.
Police: "Well if you don't want to talk then I guess you're going to leave. I mean you can leave anytime anyways."
Josh: "Yeah, let me think about it for a couple of days."
Police: "Your wife is missing Josh."
Josh: "Yeah but…"
Police: "And you want to think about it for a couple of days?"
Josh: "I've already answered everything."
A few minutes later, another detective steps in. This time Powell's told he can't leave. The new detective tells him his kids told police that their mother was with them camping but she never returned.
Josh: "There is nothing that happened. She was not with us and if my kids said that ..."
Police: "So your kids lied? Do your kids lie?"
Powell: "Sometimes they do. I mean if they said she was with us they know that's not true."
Josh: "She was not with us. I did not leave here at the Pony Express."
Powell continued asking for a lawyer. Police left the room and returned and let him go.