let's bring in former fbi profiler and abc news consultant, brad garrett. ad, your first reaction when you heard of all the evidence, the gas, the note, the tarp, the shovel? >> surprised that he had not been charged. i was shocked for a long time not knowing the new pieces of evidence. >> washington prosecutors saying if they had this information, they would have filed charges. can you think of any reason why charges were not filed against josh powell? >> only the following. prosecutors tend to be very conservative. many of them do not want to go to trial unless they believe they can get a conviction. the last thing they want is an acquittal. prosecutors have a lot of discreti discretion. i think this prosecutor decided he didn't have enough. >> the utah prosecutors gathered the evidence. if it does turn out that the authorities were negligent, does susan powell's family have a leg to stand on? is there any recourse for her family? >> i don't think so as far as the prosecutor's concerned. they have a lot of discretion, and rightly so, and immunity. and so,