TUCSON, ARIZONA — The disappearance of 84-year-old Nancy Guthrie has entered a legally complicated phase: investigators still have not found her body, yet criminal-law experts say the absence of remains would not necessarily prevent prosecutors from bringing a homicide case.

Nancy, the mother of Today show anchor Savannah Guthrie, disappeared from her Tucson-area home on February 1, 2026. Authorities have said they believe she was taken against her will, but no suspect has been publicly identified or charged.

As the investigation continues, legal experts have been examining a difficult question: Can prosecutors prove that someone was killed when the victim has never been found?

The answer is yes — but only if investigators can assemble enough convincing circumstantial and forensic evidence to establish that a death occurred and connect someone to it.

⚖️ A Missing Body Does Not Automatically Mean No Murder Case
Michael T. van der Veen, a criminal defense attorney who discussed the case with Newsweek, explained that American prosecutors can pursue so-called “no-body” homicide cases.

A body is powerful evidence, but it is not an absolute legal requirement for proving a killing.

Instead, prosecutors could potentially rely on a combination of circumstances, forensic evidence, witness testimony, electronic records and other facts to persuade a jury that the missing person died as a result of a crime.

That legal possibility has become particularly relevant in Nancy’s case because investigators have yet to recover her remains.

🩸 Evidence From Her Home Could Become Important
One of the facts attracting attention is evidence reportedly recovered from Nancy’s property.

Blood was found near the front entrance of her home, while investigators also discovered other evidence they have been examining as part of the disappearance.

Authorities have not publicly explained everything they know about the forensic evidence, but the existence of biological evidence could become significant if investigators eventually attempt to establish that Nancy was seriously injured or killed inside the home.

The FBI has also released surveillance footage showing a masked individual near Nancy’s residence around the time she vanished.

That footage has become one of the most recognizable pieces of evidence publicly associated with the investigation.

🧩 Her Medical Needs May Also Matter
Nancy’s age and medical condition could be relevant to any future prosecution.

Family members have said she relied on daily medication and had a pacemaker.

Experts discussing the case have noted that an 84-year-old woman with ongoing medical needs disappearing suddenly and completely would be difficult to reconcile with a voluntary departure.

That alone would not establish a homicide, but it could become part of a larger evidentiary picture if combined with forensic and surveillance evidence.

🔍 Prosecutors Would Face a High Evidentiary Bar
The absence of remains would make the case substantially more difficult.

A prosecutor would need to establish more than the fact that Nancy has been missing for months.

They would have to convince a jury beyond a reasonable doubt that she is dead and that a defendant was responsible.

That could require investigators to construct a detailed timeline showing what happened inside and around her home, where Nancy was taken, how she was transported and what ultimately happened to her.

The stronger and more independent pieces of evidence prosecutors could assemble, the more viable a no-body prosecution could become.

🚨 Another Expert Urges Caution
Not every legal expert believes the case is currently ready for a homicide prosecution.

Criminal defense attorney Joshua G. Schiffer told Newsweek that although a missing body does not legally prevent prosecution, the publicly known evidence at that stage did not appear sufficient for a murder case.

Much of the investigation remained confidential, making it impossible for outsiders to know how strong the government’s evidence actually was.

That distinction is important.

Saying a prosecution is legally possible is very different from saying prosecutors currently have enough evidence to win one.

🇲🇽 A Mexico Tip Added Another Complication
The investigation has also generated an anonymous tip involving Mexico.

A volunteer search organization near Nogales said it received information claiming Nancy’s remains might have been buried near the U.S.-Mexico border.

Volunteers searched the area more than once but did not publicly report finding evidence connecting Nancy to the location.

Pima County authorities were aware of the information, but there has been no official confirmation that Nancy was ever taken across the border.

The unverified tip illustrates the challenge investigators face: separating potentially useful information from claims that cannot be independently confirmed.

🕵️ The Investigation Is Still Active
Despite the lack of a public breakthrough, officials have repeatedly said the case remains active.

Pima County Sheriff Chris Nanos has said investigators are continuing to process forensic material and examine a huge volume of video evidence.

Authorities have also reviewed thousands of tips and continued working with federal investigators.

The FBI remains involved in the case.

Recent reports have also raised questions about how the investigation was handled during its earliest stages, including allegations concerning the preservation of evidence and deployment of investigative resources.

Those criticisms remain disputed and have not resulted in a public finding that investigative errors caused the disappearance to go unsolved.

💰 The Reward Has Passed $1 Million
The search has also been backed by a substantial financial reward.

A combined reward of more than $1 million has been offered for information that can help locate Nancy or identify whoever is responsible.

Authorities continue to encourage people with credible information to contact the FBI or Pima County Sheriff’s Department.

🏜️ Finding Her Remains Would Change the Case
For investigators, recovering Nancy’s body could provide answers that are currently impossible to establish.

An autopsy could potentially determine how she died, identify injuries and provide other forensic clues.

It could also help prosecutors establish a clearer timeline and potentially connect physical evidence to a suspect.

But even without a recovery, legal experts say investigators could still attempt to build a homicide case if the totality of the evidence becomes strong enough.

That is why the investigation has not necessarily reached a dead end simply because no remains have been found.

The Central Question Has Changed
When Nancy first disappeared, the overriding question was:

Where is she?

Months later, another question has become increasingly important:

What can investigators prove about what happened to her?

A future prosecution could theoretically proceed without a body, but prosecutors would need an exceptionally strong case built from multiple independent pieces of evidence.

For now, authorities have not announced such a case.

Nancy remains missing.

What Happens Next?
As the investigation continues, detectives are still working to locate Nancy and establish the circumstances surrounding her disappearance.

The legal analysis surrounding a potential no-body homicide case does not mean authorities have concluded that Nancy was murdered.

It simply means the law does not require investigators to recover a body before a homicide prosecution can potentially move forward.

For Nancy’s family, however, the legal debate is secondary to one desperate goal.

They want to know what happened to her.

If investigators can eventually connect the forensic evidence, surveillance footage and other clues into one convincing narrative, the absence of Nancy’s remains may not be the final obstacle. But until that evidence emerges, her disappearance remains an unresolved mystery.

Sources
Newsweek: Nancy Guthrie — No-Body Case Experts Analysis