DiscoverUp and Vanished18: Episode 18 : Not Guilty

18: Episode 18 : Not Guilty

Update: 2017-05-095


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this episode of oven vanish contains explicit content that is not suitable for children listener discretion is advised the the the first of all Rory Ryan Clark departed from looking for just the four apparently didn't open the four day just to walk into damage control the the the the the book mark it on the the the the the uh the the the and the forty g the agents swarmed a pecan orchard in Ben Hill County the one the from the rest with the anti anti bodily and terrorism charging Alexander do to her for TV this is up and dance the investigation of terror instead I'm your host pale and see if you forgot here's a friendly reminder Mother's Day is right around the corner will be the person it's grimly for last minute gifts instead you should do go to Pro Flowers for Mom blooms from Mom Okay it's fresh colorful and most importantly the gift of your mom's goal of this amazing bouquet comes with a free glass vase for just ninety nine plus shipping handling and you can upgrade to premium vase any clue gourmet chocolates for just ten bucks more on top of that it's super simple to the delivery day you won in Pro Flowers guarantee your book eight arrive fresh and will stay that way for the seven days will give your money back the only way to give one hundred blooms for Mom with a free glass vase is it a Pro Flowers dog home with the microphone the top corner then use my promo code of U P s Pro Flowers the calm promo code seriously don't wait these bouquets are selling out fast so order today Pro Flowers the calm promo code at the last episode of Political from one of Bo Duke's friends like old Aaron during Henry's out to me right after I induce arrest him again sharing with me this text message conversations between him and though this one on for months up until the last episode actually reveal a portion of our first call together I told you that it wasn't his real voice that's because it wasn't too scared about his identity being revealed not to bow to the public so we made a distorted voice transcription of the call since the last episode aired Aaron changed his mind and agreed to let me use his real voice in the podcast so here it is no we are the questions below the age of fifty one the old days though is there anybody besides Ryan Duke The maybe we heard from my though and I were roommates in the military band from that good yet he became the we were called to the military obviously is a collection of people go all the things we have the sewage issue of the mansion once stood was aware of the body day and that I know I ve thought of this macho dog Bo the dog party animals were hurt and the never did go to the book of the Porsche good one to get a job you could be good the pieces of this to me while on the pole that you go all the well to do the until you get a comment and the daughter the audience he told me to the other night on remember this is your order or the power of the more the outcome of the day night so both boys to do my own you should know the will of the one on the bogey of the Umno the thing though the the the that he does all the now with a nod to the top of the top of the one that knows what going on with people and information the with you because the that you will be there's no boat got drunk one night on him he does on the for broke both the gun for the other the the uh mother of way to go with the way the people who the boat do absolutely no we know he was the big okay the all to the murder was the was that he will run through the ruins of the time the the low The the the the events of the inviting you to all the townsfolk to overdo the longer the boat is always on the edge as the the the the the the the the outside of the Week on for boat into the ride was able get the body on the pecan for the boys are the no vocal the dog in after the murder the fact of the past the hobo the boat and dispose the body The Almighty depreciation of the proposed anti so guy do you do read the Psalms so one boat originally went to the report to I was skeptical of the day we need some evidence obviously you always did just come to somebody who did so from the most was that on the couple talked about this with kor include He so basically to the call of good ghost story that you taught few individuals who owe that the court in the past so close with a you know I don't know I was told of his one point Davis and James talk to and so on to these people who interrogated the stinky job of the body that yes duty I was able to watch the rest is made and who would really be that of my all the discussion boards books on ADHD is not about the issue at end I think it's because at this point time was a new deal so I think they are untouchable with is the on the okay to feel a five billion dollars once all the more I wanted to do this news is just weird news and on sleep weird experience what does late on the school the one he presented to me the truth is out but no point in my life I think Bobo yeah to deny this book here called has of you book but will he told me top or whatever you told the DDR with me and so was not all that to be the bows not a book and the individual so they got feeling you will not from his original story wood working with you I get the bid is a small town These booking people for no one knows what those little ones the most part we did there was the focus is pulled up to the house is like day of the NGO everybody won't go McD know each other Mike did is absolutely one of those things with but yet we all want to get the truth but how many people read the book was a hooked nose and the leaves but the that should make the thing both of who you talk to really do like the fact that he's looking for people to it but the book and remorse does the I think the TV judges have you with a case in Federal Way to the absolute the to do with old friends of those who got roped into this mess one point in time boat all mean you were a dead body was when it became time for the GBI to cooperate bows story dare with for the first people on the list he told the GBI everything you told me an ass for the other people bow told he did know all of them just the ones boats in a text message those text messages that this im only two guys from Mozilla broke my cousin and possibly others I don't remember telling him Lee is Bo's ex wife Brooke is Bo's current girlfriend but as for the two guys from my SIL and his cousin still exactly know one thing's for sure was Bo's girlfriend broke the profit it to the GBI are a mom so if anyone besides the owner the truth will be her Brooke Astor know everything if you haven't heard the news yet last week for some pretty major movement in this case on Thursday May Fourth was Ryan Dukes arraignment at the Rowan County Courthouse until the thirty three Orion does arraignment is scheduled the Irwin County Courthouse at nine thirty tomorrow Miller crossed for him the Ryman is a formal reading of charges against the defendant and the defendant is expected to enter a plea before the court the day finally come for Ryan to two years official charges listed in the court of law the long awaited step for justice the terrorists to case the feeling inside the courtroom this morning at Mass the weather outside for most of the South Georgia today the public was rained on everyone was anticipating Ryan Duke to walk through the doors the day he didn't write didn't show in its place with his attorney The The The The The The The The The The The The The The The The The the the the the the to his attorney filed was not what everyone was expecting the So what exactly did this mean Ryan Duke just wavy arraignment hell it's a plea and waiver avoid a waiver claim in a not guilty plea the floor in the Grand Duke since Lee pleaded not guilty to the murder of Terrance to the all that coming the Y in June he was arrested in for the murder of Terry Branstad weighed his arraignment in Durham Court that waiver is an automatic plea of not guilty Duke was not there but his attorney John for the arraignment on behalf of Do means that you can now just that is where him and he is entering an initial plea of not guilty law experts say it's highly likely he won't be tried entering county will take a lot of time but the court will have to find another location to try new location has to have a similar demographic as county after the announcement that the sea the sea I'm sure you've heard the eye the day his attorney entered not guilty plea entered on the ocean and discovery request page document that can prob the prosecution did create this page document to the discovery of it and see what makes somebody have to copy all it did in this case unless you're prepared to go to trial for every interview every wager more namely in reading the new photos you can win to 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 life is always completed the shopping for clothes but she loves new clothes for the past month she's been using the toad to upgrade or wardrobe and I thank God that was great because I opened it at night not knowing I was in a way to work the next day and I just know that I wore to a convent really get out of here of hearings and there's the I House of Harlow bar bracelet I love it definitely one of my favorite things once were for it go to the dock home to fill your style profile and sign up to get a custom tote delivered right to your door then you hear what you want to turn everything in the mail when you're done that a few days later you get a new box right now they have a special offer from him as listeners use the promo code vanished get fifty percent off your first month of dry dock arm promo code vanished because of the hallway help break down everything is currently happening Ryan did waive that simply means that he told the judge through his lawyer I don't need to have the charges we've got a copy of the he's represented by competent counsel there's no need to have a formal arraignment process the attorney also filed various pre trial motions including a motion for discovery which means the base they're asking the prosecutor to send them a copy of everything they've gotten their case POW now this is an extremely large case vow from an investigative perspective it's likely that it can take quite some time for months just simply to get the material to the defense counsel and then the defense counsel has to digest each and every item of those so they want to do their job they're going to have to look for any factual defenses in the legal defenses or anything else that might be in their clients' benefit before they make the decision take the case to trial that's how it typically works of course there can be an exception in any case and this case as we have already seen has preceded like none other in many ways so while what I've just described is the traditional it doesn't mean it's necessarily going to happen that way but this is a procedural thing the plea of not guilty can be changed anytime but in order to do his due diligence his lawyer is ethically obligated to go through all this material before you cut a deal to plead someone even if it is to a reduced sentence or reduced charge you've got to do due diligence you gotta make sure that you look for legal and factual defenses things that can help your client in the event that you may have overlooked something you don't want to over looking thing you want to be thorough and careful and get it done right ultimately the decision about whether to go to trial is one that the defendant and only the defendant can make it's usually after consultation with counsel and perhaps family members but in any event it's Ryan's decision to make in his if a plea offer is made the DA would convey that to his who would then be ethically obligated regardless of what the offer is he has to take it to the client and let the client consider the judge also have to decide whether or not a fair trial could be had in Irwin County I don't think really there's any disagreement that there's just no way that you could you could pick a jury in Orange County that has not developed some opinions about this case and probably hold onto those opinions very strongly and should not listen to the evidence and base their decision just on what they hear in the courtroom chances are very high it's just nine point nine percent or higher that it would have to be moved there's just no way in the end the judge draft pick the jurisdiction in the state of Georgia that has similar demographics Irwin County if you ever been or we can like you and I have you know that the demographics there are fairly unique so it's going to be a challenge for the judge to find a place in the state of Georgia to have a trial that in of itself is a tall order it takes awhile to logistically set everything up for a change of venue you get a move not only the defendant who's in custody so that means that long for frozen ball to get a move Corps staff to someplace else in the state you've got to provide for the judge again to provide housing for the defense team you've got to provide housing for the witnesses basically you just pick up the entire circus a lid of the only thing different is that the jury would come from another county based on how specific the indictment documents were sitting at Ryan Duke uses hand singular seem likely that in some capacity he confessed to the crime but maybe that was in the case I asked Phil about that even if he did confess or if he made some incriminating statements he got to keep in mind it doesn't necessarily one of the things that the attorneys will do will be to evaluate the circumstances surrounding enforcement obtained the statement or the confession if there was one they've got it was freely and voluntarily given that wasn't made of his Miranda rights he was in custody and he was interrogated without having his Miranda rights read to and that would affect whether or not his statement can be used against him it would almost be malpractice to rush into a a really quick fast track plea deal without going through everything this is been said to be the largest case file a criminal case file in the history of the state of the GBI and I've seen some very case files in my career and those files sometimes take years to resolve if they've got to look through every this could take a while they need look for any evidence that six culpa Tori in nature has a lot of things in this case file no doubt that are completely to these defenses because as we've seen there's been lots of leads that were followed up on that didn't amount to anything but if you're going to defend this case to say it really wasn't my guy then the defense is going to have to explore all of that so they're going to have to go through all these leads that turned out to be danced to see if they were in fact the aliens or did misinterpret something to the overlook something they just simply not follow up on something that they should have when other leads or tips are coming in while the parties are trading back and forth and there obligation if the defense has any evidence they want to use in their case in chief there's an obligation they give most of that stuff over to the prosecution as well but the flow of information entirely one these cases and from the defense perspective is probably from a fire hose because they've got a lot of stuff discover them really fast while that's going on they're going to explore the legality of any statements they're going to look into any plea deals that may be in work for maybe a witness like a bow do one thing they filed to reveal the deal so that any specifics of any plea deals or promises or immunity deals anything that's been offered to both to will have to be given over detail to Ryan do to turn so that they can use it in the event of the trial so it would work like this when Bo takes a stand and testify he cross examined the jury gets to hear all of the details about the price that the state is paying for his testimony paying sense that he's getting a huge benefit and the idea would be to cast him in the light that you know you're because this is what the prosecution wants you say you're doing it so that you can avoid very serious consequences you doing this so you can avoid criminal conviction really isn't it true that the other you're just saying this because this is what the prosecutor and his plea deal has induced you did if he has some particular incentive to testify the certain way it goes directly to his motive to fabricate testimony or to change testimony or to say things that aren't necessarily hundred percent accurate though in Ryan's case goes to trial those going to have to testify he's going to have satisfy the condition of truthful testimony and cooperation because if he doesn't live up his part of the deal then the deal can be revoked Surya says he's not guilty at least according to his attorney filed in court as far as we know it appears that Bo may have some sort of immunity deal if Bo deviates from the truth or he doesn't hold up his end of the bargain he could lose that immunity this means assuming posted to the original story he's going to have to implicate writing course he's going have to step up from behind that gag order to make that statement public this means the will of God from helping Ryan dispose of tears body to incriminating as once roommate and ultimately having been convicted of murder now is those words versus riots were either one or both of them are lying as you guys can probably sell things have gotten pretty hectic but of events lately because of that I don't look out for time savers like stamps dot com With Stamps dot com Email any letter or package using only my computer and printer in the mail man comes and picks it up and unlike the post office cum never closes and you never have to rush after work for five p m Drop off I used the com because it's convenient and flexible which is great from an unpredictable schedule in right now all you can also enjoy stamps come with a special offer includes a four week trial plus postage any good digital scale and all without any long term commitments to new digital scale automatically calculate the exact postage even help you pick the best class of mail and make your life easier stamps dot com Click the microphone the top homepage and type in up U P that stands the current promo code as much information as there was a flyer on Mozilla was still very little we knew about what actually happened to Tara the GBI claims Ryan to kill tear with his hand lay in the night of October twenty third two thousand and five after unlawfully entering with the intent to commit a theft and then the Deuce comes into the picture allegedly helps Ryan cover up the crime but disposing of tears body but that's pretty much all we know how to blanket the terrace house with the on foot the drive was driving a black truck however I managed to get his body from her house all the way out of the pecan orchard and Fitzgerald completely undetected still so many unanswered questions recently some new information surfaced that supposedly came directly from the grand jury to remember all the members of the grand jury in this case were presented with the state's evidence against Ryan Duke but they were sworn to secrecy but just last week something pretty interesting happened does the vast sea was originally on the grand jury but decided to opt out received a letter in the mail as did all the other members of the grand jury the letter read this dear mr of assay circumstances following April twelve meeting of the grand jury for choir n cream to the means by which certain information presented the grand jury was released publicly would like to meet with you prior to the next scheduled meeting of the grand jury in that regard at schedule time to me the Irwin County Courthouse at nine o'clock AM on May second two thousand and seventeen in order to accomplish this inquiry thank you for your can
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18: Episode 18 : Not Guilty