DiscoverUp and VanishedEpisode 17 : The Deal

Episode 17 : The Deal

Update: 2017-04-2510
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Payne discusses Ryan Duke's state of mind as an indictment comes down, plus a potential deal is struck.

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this episode of oven vanish contains explicit content that is not suitable for children listener discretion is advised in the in the the go today marking the last time anybody uh I uh container for TV this is up and bandaged the investigation of terror instead I'm your host Lindsay since the last episode has been some major the case against Ryan Duke for the murder of Terrance to enable twelve thousand seventeen grand jury hearing was held in the courthouse until the end of the just demand the first time the state presented evidence to a group of nineteen grand jurors to indict Ryan Duke for Terence as murder the Irwin County Court to the education and I appreciate your attention given to her but the grand jury was to remain secret keep the deliberate the in this phase fall around midday on the wealth were began circling that they made a decision that all the cases already done everything the others all the charges they just handed up the process that sometimes takes days the grand jury made a decision to indict Ryan Duke on all charges just a matter of hours we're learning more tonight for the first time about those final few minutes of terror grandstands life by grand jury standards I became fairly quickly in this high profile case is the next legal step in answering an often asked question in this town what exactly happened in this small house the six count indictment accuses Owen County resident Ryan Duke a felony murder malice murder aggravated assault burglary and concealing a death the indictment reads Do killed but instead with his hand and committed felony murder by entering your home with intent to commit a theft and causing the death of said Tara fake were instead the the burglary charge Wright's arrest warrants as it turns out the state's narrative is that Ryan to kill Tara during a burglary with intent to commit same he was there to rob terror question is probably what the court documents prior to indictment I know something OT moment we names listed as the members of the grand jury was just you've asked the reporter from Mosul a newspaper for his name had a line for the crossed out the call to ask about this house is near there that day of the products arrest was announced I was in there my goodness I'm on the stranger I this is a no I'm I'm glad to see what they take a poll and Mason who shows up this is the number really liked it and I was like Number seven or something like definitely only the first hour then only grand jury only on there for six month term citing really in doubt exactly what all the time to get picked for the first grand jury and two weeks later Preston that they're going to gays just a few weeks before Ryan Duke was arrested just got a letter in the mail saying that you'll be serving as a member of the grand jury for the upcoming term then ironically not too long after Ryan Duke was arrested for terrorist murder he was going to be on the grand jury in the state's case against try and do the unsolved mystery he uncovered dozens of times in Mosul as newspaper for over a decade just a few days before the hearing he got an important phone call was from yesterday or a fever comes out of eighty aces at the very want to be on the jury because he thought of beer and a sweater but the answer to this kind of a precarious position for me to me and heal me feel like I had to give him the position he wanted to give me the opportunity if I wanted to get off to get out to dinner and we talked about it and it will be difficult for me to report on and people may accuse me of saying or say that all will he get this from happening again jury room and that's illegal and potentially lead to being prosecuted if I can prove that I got my information from somewhere else here is a very tough decision because I wanted to do I do mean that all of that I would be a valuable person having that room is what I know about the case I can lean in toward the asking of it I didn't know was that he's a NASA jet Li is this forever like a key report on what happens at room forever is not just in case anything here if out of it when they report on what happened in that room out of trial and error but knowing that never would be later on it for you it was missed is safe and be in the water safer for drivers are doing the best guy went on to Mr. dey say wanna present Mayor what's in for me to talk about something that I want to think about anyone alike say that they own field who can give me the option with it it definitely did not even come close to putting pressure on me to do it I mean everything he said was he said selfishly I want you on this jury but I also understand that visionary and will give you that opportunity after putting in tremendous much thought into it dusty made a tough decision to excuse himself from the grand jury that I think is right decision the part of me regrets that the thing with this one Rue movie The Wheel by now you've probably heard about this game called Hunt a killer if this murder mystery subscription box service that delivers new clues your doorstep every month one of the best part of a hunter killer online community with tons of armchair detectives all working together to solve the mystery and people are seriously obsessed it's like living in a true crime series their secret Facebook groups forums podcasts and even live videos all playing in the party experience with Hunter Killer the stories unfold in an ongoing creepy correspondence things like letters articles objects and tools it sounds cool you all you have to do to apply for membership is good to hunt the killer Doc Ong this is growing really fast because of that they only let a few hundred new members in each month so don't wait too long to help support up and vanished they've offered a ten percent discount for listeners use the code gone to get ten percent off so the hunt the killer Dakar use the promo code on it ten percent off come join the hunt the hunter killer Dakar in the last episode before the indictment with Collin Miller from undisclosed about the grand jury hearing now the Ryan has been indicted sick all the court documents followed up with them are you surprised at how quickly they were able to deliver this indictment is surly as I was about three a half hours and assuming it's not a highly complex case might have had a few very good witnesses some pretty key evidence and been pretty open and shut my best guess would be that Ryan Duke has made some type of increment race team and if you have that it makes an indictment a fairly quick process another might be evidence on the defense side which would be presented to the grand jury but yet my best guess for three and a half hour indictment would be the rind UK said something himself that tends to incriminating themselves and that makes it very easy for the Grand raid is said is certainly probable cause for this case to trial if he did admit to this or have a confession then can they just basically still this thing up right now and taken to the judge and sign some papers the question is how increment three was the state man is his claimed that he whatever reason has a mental impairment or made it up there's a lot of jogging and still can go on in terms of plea bargaining and there's the other individual involved so there's a lot of still legwork that has to be done before we have a resolution whenever Ryan Dukes arrest warrants first came out we talked a lot about the definition of burglary and charges that was presented to Ryan do specifically in the indictment they say that Ryan Duke was there with the intent to commit theft my understanding of firsts would be that this was a theory of burglary he was breaking into the house to cause her harm and some not serve maybe in your reporting you come across something but I don't know what the theft would be what property he was intending to steal under the theory maybe goes back to the theory that he's said some thing it's possible that in a confession or incumbent Ray statement he mentions that being the reason he entered the house or maybe Bo Duke's has said something along those lines so it makes me think that there must be something they're probably one of those two indicating some type of intent to steal because otherwise I'd only see what the evidence would be based on how fast it moves so far what do you anticipate happening next and when as now there will be discovery going back and forth which is there are certain obligations under the prosecution and the defense to disclose what evidence they have what witnesses are going to call that could be plea bargaining depending upon the susceptibility of the prosecution defense to negotiate a plea there's the right to a speedy trial which generally you're looking at eight months or less once it starts getting past eight months the defendant might have a claim that it's violating his right to speedy trial so that would be a best guess this being a cold case for a while it may extend beyond that of the many states but not Georgia have a specific speedy trial Act that sets particular deadlines Georgia doesn't have that but again Georgia kiss like Imus says after eight months of pasts from the indictment it's generally presumed to be prejudicial to the defendants and their sort of a multi factor test the court looks at the idea months but I'd be surprised that this extends much past eight months based upon the three and a half hours before the grand jury it makes me think that this is a fairly straightforward case with only a handful of witnesses and some documentary evidence which would tend to the shorter side but again there's this wrinkle of the bright green with S so there are possible complications that could extend it further by eight months would be my general guess the amount of time for the grand jury proceeding can say with any certainty by it makes me think he said something because for that sort of a parade of time to be in place and still have this charge of burglary based upon intended fast it makes me think that there had to almost be something coming from him where he was laying out what happened in this crime the The The The The after viewing the court documents for Iron Dukes indictment I think compare them to his original arrest warrant I noticed something peculiar the original rest for for Ryan to use his hands in an offensive manner with the intent to end did cause serious bodily harm to the person of Care grants to the indictment documents say something different he died that reads this Ryan Duke and lawfully made an assault on the person of character instead uses his hands but singular knock hands like the rest for the first I thought no big deal maybe it's a typo but then I say to get uses her and not his hands only is the information very specific but the fact that they are alleging Ryan to kill tear with one hand seemed OT itself the Bastille of hallway about this the well off at all on that the arrest warrants could have been worded a little better and we don't know if that was on purpose or if it was just quickly who knows but there definitely is the difference between the allegations contained in the arrest warrant now warrants are not the official charging documents so we have to believe that the district attorney was more precise in making their allegations because if they accuse one thing like plural the hands and it turns out the one that can be something that a juror can get hung up all so it's very important for a prosecutor to be accurate in the things that they allege so unless it's a typo I doubt that is the formal allegation is the only one to commit the aggravated assault which they say led to her death I can think of multiple scenarios where a person could hurt someone enough to kill them with with one hand they predominately some type of strangulation if you have someone who's sufficiently larger than the victim like an old I can imagine lots of areas maybe there's the one hand for one thing in one hand the news for another I had cases that were like that one person was used was accused of using one hand to do one thing while they use the secondhand to maybe hold someone's hand back or hold somebody down or something like that so I don't know what exactly it means could mean really any number of things but it's definitely a distinction between the war and the formal accusation which is the grand juries and I'm a Latin phrase I'll always say the Allen got of the allegations much match the Prada which is the evidence provided information so in this case if they believe that the death was called only they would need that allegation to match whatever evidence they believe they have precise I think it's a ghastly is an educated guess I'm fairly certain that they go off statements that were made by Ryan Duke and minimum certain admissions against his legal interests possibly a full confession or maybe something in between we just don't know but I believe that it probably would get a confession that's how they would know that level of detail people can minimize their behavior when it happens all the time I've seen in the office of Seton courtroom scene nails cop three people may come in and admit to part of something but not all of them may to satisfy of the deal most of the face of the charge can go through are the complete two or they can be tried on but sometimes he will tell necessarily the whole truth they don't want themselves to look quite as bad in the eyes of the cops or maybe to their parents their family the public has the distinction between hands floral in hand singular is important what exactly they're saying happened with that hand to cause the death was not specified I think it should've been specified to some degree in the indictment and it's just another I have a personal opinion that this case may not go to trial because if you're not going to have a defense that's going to be challenging to the indictment is safe to draft one that doesn't have that level of detail so they're saying that Ryan Duke with a terrace house unlawfully with the intent of stealing something and then killed her with one hand and then took her body by himself to that pecan orchard and no one ever saw they also say that he went in with the intention of committing aggravated assault so it's looking like this in fact in your house to kill you I'm not a promise but I do and take you out you my new wedding ring on the charge of stealing that weather yeah Corsica to that extent I can be charged with burglary with the intention of committing theft even though that really what my primary intention if he gave information that says remove her body or took her purse for this reason that's that so if the theft occurred then it's logical to infer that that was at least part of his intentions to commit a theft which gives rise to the basis for the burglary so it's possible that there was many things he had his head time and one of those things was an intention to commit theft if he had used an object to kill her with one hand would that be specified they're alleging that his hand was that object because think about if your hand is holding a gun you shoot someone to say with a gun OK or fizzle am posting this a lamp post ok so if you're holding an object whether it be this microphone here or a knife or anything else use that logic then alleged that logic but if there is no object is only your hand they're going to allege that was the hand that was the instrument Italian prosecutor has to be as specific as possible and the evidence must match the allegation of the evidence was that only then that's what the end I should say if the evidence was a statement by the defendant then they're going to be working off the statement whether it's the state is entirely true or not is a whole different discussion since Ryan two was arrested his Facebook account has gone offline last week for just a couple of hours he randomly came back during this time period was able to obtain screenshots of some of Ryan to Facebook status updates over the past couple of years to say that they were interesting to be a major understatement because Ryan Duke and I were not friends on Facebook only some of his content was available all start with the earliest Facebook status December twelve two thousand fifty two rows emerged in the woods I took the one less traveled and made all the difference June sixteenth two thousand fifteen relatively crappy electric wire second feels like an hour by yourself in the arms of a beautiful woman in our seems like a second I was a lying cheating thieving meth addict or wife beating ass I have friends fuck being a good person June seventeenth two thousand and fifteen read the Bible then try to judge me hypocrites the tic Talk of the clock is painful all sane and logical if you like me then will forgive me or you lying about being a Jesus freak I wonder what I'll miss Golden Rule plus what goes around comes around I am what I am June eighteenth two thousand and fifteen I can't sleep again I want to sleep but thanks anyways anxiety March night two thousand and sixteen love is the only cure for the stupidly hate love it's that simple love will mend your soul June eight two thousand sixteen walk alone in your shadow will be your only friend June ten two thousand and sixteen I built my world of Legos that for my world down February seventeenth two thousand seventeen less than a week from when Ryan Duke was arrested for terrorists as murder to be yourself in the world is constantly trying to make you something else is the greatest accomplishment presented by induce Facebook messages to forensic psychologist Doug Miller we talked to last week's case evidence wanted to get his take on this so my first impression is this some bitterness here is Lohan anger toward life is feeling misunderstood by others this little painting this as I go one by one you'll hear worm getting some of that is a sense of feeling by society by the world the one about two I took the one less traveled the difference you know I'm sure you want or I go with that is that the night of the crime yeah you know beginning to get this general impression that his a guy who seems committed this murder and he's kind of Boston at the seams that he knows he can't tell anyone yet but it's like a leaking out in these are talked about symbolic acts be a sian before and kind of doing was killed you know as a psychologist is there some unconscious communication in all this that you just have to maybe bit between the or and again none of this means anything till it ties into more factual solid information this is kind of misses the way my Gray Professor Ray credit talked about it that when you do a psychological evaluation the more substantial data from test results and the harder day to come to form the skeleton and then these kinds of statements in the sense complete responses you can hang on the skeleton and that support infill a note and make it more whole on June sixth in two thousand and fifteen he Facebook follows a lying cheating thieving math or wife beating ass on a friend's half being a good person the bitterness I mean there's a feeling like he's a good guy and the world him yeah you know if that was before the crime you get the sense that this guy's kind of an outsider as kind angry about it and doesn't see just a fair place now one of these doesn't mean a whole lot you know there's been times we've all felt something like that of course now this whole thing about feeling judged read the try to judge me hypocrites you know who's judging him Enos the question and what happened so could have been something specific church or could have been with someone to talk to you know but if you plug it into the case you know he's probably judging himself about what happened giving one set of kind of one picture of who He is and that is projecting out judge himself projection on the world feels like the world judging him maybe he has a history of that going back wasn't popular to felt judged that sort of thing now he has this heinous act that he's committed and you know me and it seems filled felt horrible but maybe even traumatized himself with and this is almost like he's crying out for forgiveness if you don't like then will forgive me are you about being a Jesus freak again the kind of forgiveness the tic Talk of the clock is painful all sane you know that just feels like a man who's in pain and time in just in pain time is this relentless reasonable systematic thing that I ordered he's in the sky in a tortured state color plus what goes around comes around again like this kind of calling for compassion calling for understanding kind of the rule of karma what goes around comes around who knows you know these would do things like if I was working with them evaluating him and wanna know ask him what was going on in my point I want to sleep but thanks and that's speaks to me that if you are sharing night terrors people who have my teachers often have trouble sleeping because they go to sleep in a terrorized having sleeping problems in two thousand and five kills and six and in two thousand and fifteen the they're stopping came back or they with their own will hasten that they were their own and for whatever reason but also a suit if it was push dramatic nightmares than they were probably relatively continuous perhaps with an ebb and flow depending on a straw slow relatively grab an electric wire second feels like an hour find yourself in the arms of beautiful woman hour seems like a second boy that's a romantic thought and it's also a paint like it's also the sleek like who's going to grab an electric wire this is a man looking for love wants to do was to be held by a beautiful woman walk alone will be your only friend it's just these walking alone know what's the shallow shadow the shadow cast by Lloyd psychologically speaking well it can also be the dark side of ourselves write the things we disown to disown things were pressing down and something menacing then here's this kind of spiritual sentiment Love is the only cure for the stupidity and hate love it's that simple love the romantic guy God love and values love is existential angst and bitterness I go my world that I tore my life time again you know as a whole is bitterness is this yearning for love as a solution it's some feeling judged and maybe guilt and wanting to be seen in a more positive light his arm Facebook profile picture it looks like a young man or older boys with the flowers behind his back standing face to face with the young or old girl she has like a sword or something behind think it's a baseball bat yet is she it's a little boy little girl and the little boy has roses behind his back and the girl has a baseball so this immediately puts me on the track of what was romantic life like what was going on there was the who all he to do was give you a woman who we love some roses any felt like she was going get beat on by a bat every time he did that and some other tax that supports that in here isn't there yet so there we are back again this kind of a guy unrequited love passionate guy who doesn't feel understood the powerful image I would pursue the image and see what it meant to the the the fashion should not have to cost you a fortune with the tote you can rinse your look and get new clothes every single day you can get to seven hundred dollars for the clothing for only thirty nine bucks a month yes thirty nine bucks a month my wife is always completed the shopping for clothes but she loves new clothes for the past month has been using the toad to upgrade or wardrobe today she got a new box and really cool and be the guy or the thing to that yet the work of the middle of a heavy sigh we love you that this is the way to do that I once worked for Google to Dakar to fill your style profile and sign up to get a custom tote delivered right to your door then you can wear what you want to return everything in the mail when you're done than a few days later you get a new box right now they have a special offer for Up in Venice listeners use the promo code vanished and get fifty percent off your first month to try dot com promo code vanished over the past few weeks I've been scouring through old audio clips of different interviews
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Episode 17 : The Deal

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