Appeals court delays ruling in lawsuit over the deaths of Susan Cox Powell’s children

SEATTLE — A federal appeals court has put off a ruling in a lawsuit over the deaths of Susan Cox Powell’s children.

In an order handed down on Friday, the 9th U.S. Circuit Court of Appeals indicated it would not rule in a lawsuit filed against Washington State’s child welfare services agency until that state’s Supreme Court ruled in similar case.

The ruling meant a delay in Chuck and Judy Cox’s efforts to revive their lawsuit against Washington’s child protective services agency over the deaths of their grandchildren, Braden and Charlie Powell.

“We are hoping for justice,” Cox family attorney Anne Bremner told FOX 13 on Friday.

The 9th Circuit Court has been considering the case since hearing arguments in December.

Charlie and Braden Powell were killed in 2012 during a supervised visit with their father, Josh Powell. The boys were in state protective custody while police at the time investigated voyeurism accusations about Josh’s father, Steven Powell. (He ultimately was convicted, served prison time and died in July.)

Josh Powell was a suspect in his wife’s 2009 disappearance in West Valley City. Police said when a child protective services caseworker took the children for a supervised visit he slammed the door on her. Powell took a hatchet to the children and then blew up the house they were in, killing himself.

Susan Cox Powell has never been found.