S1E21: Statute of Limitations
Payne Lindsey explores new evidence of the 2005 orchard search and Philip Holloway weighs in on the statute of limitations.
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I don't know who you're connected to his especially if you're somewhere and I ran around the county just just a careful eye is a lot in distress in the same and my mother and I was the chair I notice or say that the sense that the murder was never the suicide on there anything past anybody everybody can have a dark night of the cell from the the the mm mm mm mm mm mm mm mm the dude in the win for the GBI agents swarmed a pecan orchard in Ben Hill County this afternoon one the students from the underestimate the anti anti bodily the person of tear her in said charging Ryan Alexander do with the murder of Tara Green State from dinner for TV and industrious Atlanta this is up in bed as the investigation that arrogance said I'm your host team and see if you are a landlord your number one concern is probably getting paid on time by your tenants how do you know that it has good credit or as a history of paying their bills late reading it and it can cost as much as thirty five hundred dollars 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there was dark brown pants with it and strapped down each side looking uniforms is look for her for several months ago before the arrest of Ryan Duke in Bo Duke's Reese got one shared a tip with me that he felt was very important for all the time I began looking into this information the news of the arrest broke the entire focus of my investigation shifted instantly but now that the dust is settling gone back through all this information in this tip in particular stood out and it all started with an e mail he received an anonymous email from someone who claim that they had found an old sheriff's uniform buried in the woods ano sila this is how the email read a law enforcement type uniform was found buried approximately six feet within the embankment of what is now a dry creek that the nine one one dispatcher asked that I removed the item from a location I found them and bring them to the sheriff's department the items I turned in our one beige short sleeved law enforcement I'd share it with circular dark brown patches on each shoulder having no visible markings on them one pair of size forty two dark brown trousers with beige stripes down each leg with the words comfort action three printed on the inside waistband I asked to leave with your When County Sheriff's Department dispatcher in the event and we need to know the location of where I'd found the clothing I wrote my name and number and was told he I didn't ask his name would turn over the items to investigator Rogers in the morning it appears the rushing current caused by heavy rains in the past has eroded the creeks and banquets exposing the clothing that was deeply embedded in the root system and barely visible I found a shirt on the abatement directly across from the trousers I stopped looking for anything more and left the location in the event the area needed to be investigated I'm not sure what if anything else is in the mounds of dirt this creek fills quickly after heavy rainfall in the area of the items were found in baby covered so this may have nothing at all to do with Peregrine state's case but many people I've spoken with suggested I write to your agency because the area whether related to Miss Green state's case or not it seems suspicious to find such items with no other clothing found buried or not in the same I was if anything I should do about contacting someone other than the sheriff's department please accept my apologies if I've inconvenienced anyone by writing this this person found an entire uniform buried in the woods shirt pants shoes everything so she she bagged it she took it to Urban County Sheriff's Department and in Durham County Sheriff Department they never got back with her portion of a sum much but in water for exactly is probably lost it is odd that you would fancy them up they bared in the middle my work and family I got her contact information told her not have that record eventually we spoke to her on the phone gets more details this is what she told them I contacted the lace department and I still need to be put in a bag in breathe out there too and ideas that never hurry to the source leaks are and the pants were made and I had our friends and I went to the point column although the island for snack in for Dale I think our young to come down here with me because it scared me that not implemented with it he told me he wanna tell me who knocks the best part was the fact that this was a strange way to dispose of a police uniform there was something else about the uniform in particular that made this discovery appear a bit more ominous have to start on the lead of it but there was no tax or the Browns were packed with a post today the only side were badges but the center area of the baggage he sighed own sleeve had been cut out the share of patches on both sides of the uniform that would normally indicate the department and officers name had been ripped off the straw is about a seventh round to the doctor I actually found it very time when they redid the route we figure out when it got there somebody made a quick stop in and in the air that I threw it out when I know that somebody was making hay out of this why isn't that terribly our life like barn down half a can I not share ours with him about how it still is pretty tiny so the fact that this was found relatively close to the house mysteriously burned down snap dragon road wasn't that big of a surprise it was definitely interesting story grab my attention but as far as its relevance that era was pretty unsure even doubtful if this lady did in fact find that uniform period in the woods I wanted to at least see some pictures of it to prove that this was even real sheesh actually photographed and videotaped it but she said that the computer was old and had jaw a broken screen then she could get the video is going to work can pull it off hard drive or never even had someone offer to pay for it never went through it she claimed their computer's hard drive wasn't working she couldn't recover the files so at this point I was ready to drop the lead entirely even if she was telling the truth about this having any link that era seem like a big stretch without being able to see the items myself improve that they even existed this is just a lost cause but then a month later she call Maurice again she fixed her computer and recover the files in to my surprise she sings over several pictures of the uniform and a video of it now she had my attention the years on the the the sound of the grounds that the is now the Fed and they found the question was Who Let the little stone of the the snow into the sea in the past as God for the the chance as the action is the way that her cry about it and they are the top of the car ride to where we're at now the nachos were found approximately thirty feet in the area who after examining the pictures and video of the uniform comparing it to the uniforms worn by local law enforcement person I determined that was a sheriff's uniform likely only county sheriff's uniform so what exactly did all this me be honest with you all know but as I learn more and more about this search to happen in the pecan orchard fully after Tara went missing got my gears turning let's back up for a moment according to dusty vaccine in several inside sources I have local law enforcement conducted a search of the pecan orchard not too long after tear when missing based on a tip they received that Ryan and or Bo had mention killing tear into some friends at a party according to my source the agency that conducted the search was both the Irwin County in Pinal County Sheriff's Department on how he met the door knocking the boss around I believe this party happens on the following Friday after she went missing there was a bonfire that Bowen Ryan were having several friends also lined up with one of those friends told me former Army buddy what I remember is that you know get rid of the body on the jump on any burned it there's a party spot they talk about kinder of them saying that they have a party out there are a haunting enough for me to remember if you're having parties out there routinely gives you a way to conceal fires of burning out there is never easy questions but there are a bunch of people are not as secular and I think I could've even been you know don't plan it was possible on that night when Ryan was still burning tears remains in front of people perhaps Bo Ryan mission one of their friends at this party in a drunken state what happened to Tara well there are still destroying evidence right there in front of everybody I've since learned all the names of those who were there that night and almost all of them are in that picture had been sent back in August of two thousand sixteen when this podcast first or did the guy with his arm around bow in the picture one calling Jim Deal was also listed on the suicide note as you heard of the in the last episode here is the most open the door to a survey claiming that this is where we are foreigners so my total at the ocean with his friends confirms that Jim Diehl new app and a tear or two because someone at that party either Ryan or bow likely to lay off and then Jim Deal along with a few other friends from the party informed local law enforcement and they went out to search there for whatever reason they search in the wrong spot and never found anything didn't inform the GBI about it and just went about their business with one or both of the local sheriff's departments having conducted the search the discovery of the sheriff's uniform found buried in the dirt seemed a little more ironic is it related I don't know right now I'm putting all the cards out there on the table all this is happening in real time right now and everytime I mention something new on the podcast someone new reaches out to me with more information for example in the last episode was going to the old newspaper or cars with the Steve assay or cool but a search to happen in Queensland which is essentially right where the pecan orchard is the officers listed as those in charge of the searches were Alan Morgan and Nelson Paul both from the Irwin County Sheriff's Department within twenty four hours of releasing the last episode I got a phone call from someone who had more information about these officers and that search in the pecan orchard I mean he was one of the mine investigators he got owned United found a diagram of the first film a search party for a guy and he realy Nancy Grace when she came down here he was the one that occur around shatter everything I had far from firm one Allen said I mean this is the lie the guys are like that when they when to that peak in orchard the first man Alan Morgan by poking around Morgan were part of the investigation just a couple weeks back she went missing in the pecan orchard i earned i i parties in Area A and where the party was wasn't yet given to me on from what I understand about the party and I or the hour Morgan never made it to the pecan orchard Allen was told when he got he about the county that he wasn't running he was told to turn he got to the county are the out there in that orchard in order to tell him to turn around and got back I don't know yet what he saying that life ayam there was anything to say in Shoal or were he was turned around I tied it Wall not the need had in wood by Green Day and back via an ally bowl and you didn't mess with me and he was a state representative at the time erm lot of money in the community he was a powerful search happens according to her Alan Morgan from the Irwin County Sheriff's Department was called out there to the pecan orchard was then told to turn around right when he got there the the thing is safe to assume that any police officer sent to investigate something in a murder case would not just turn around to go back home let somebody else the mall force been the trusted told them to do so not just some random person who told him that and why and what about the other officer Nelson Paul was he the one who made it out there that day it's possible this case has become very muddy it's very sad but it seems like a lot of people knew what happened that year all these years and kept a secret that Michael is not to assign blame to anyone goes to find the truth if all four to search the pecan orchard in two thousand and five that needs to be known if this case convince all twelve years ago that needs to be known anything people like Marcus Harper he likes filled out that several friends of George Ryan knew about this to the never say anything else as I've been digging around these areas to put a point blank it's become a very uncomfortable task those who knew about this don't want me digging around anywhere in many of these people have made that very clear to me offered to protect their identity disguise their voice not even offer for them to go off record entirely just to find out the whole truth here but none of them will do it if you truly have nothing to lose then why are you still keeping a secret the obvious answer is maybe there's more the story a few weeks after I started digging into this I had a frightening robe on my Facebook account was hacked the Facebook isn't there something to say I'm not sure how much I was that was the email address the I yahoo dot com The new the account theirs was there the first was a trip this hack was related to the case at all my wife Kathy whatever ITE friends trying to trace down who did this I was in a cabin the way to the airport in New York City a very inopportune time the day and I I I think the heat like software that used to train him to let you know able to capture this person as well what we really needed to do was get back into the pot to the bathroom was superbly I still was to add in the There was nothing new on your page for the past posts at the top of the association the know whoever did this somehow compromise my email account associated with my facebook with my wife was able to regain access to the email count sheets although whoever did this had made two new email address is one of them up and vanished at yahoo dot com I did make the email address clearly this hack was related to the case eventually was able to regain access I was still pretty unnerved by everything this case right now has a new or two people in this case are pushing back the sopping so many secrets in this case it makes the gag order look even more suspicious a gag order in general is supposed to be the last resort but in this case was signed by the judge and put into effect just four days after Ryan's arrest the gag order states anyone more force men cannot talk or comment on this case in any way what is everyone so afraid of I have a couple theories on that personal share with you is this Remember Bo's friend Aaron the former army friend who sent me all the screenshots of his text message conversations with Bo in one of Barron's conversations Bo told him this maybe they have some problems with their case due to the statue of limitations the It turns out there was an earlier search done by local guys who never reported to the GBI don't know when it occurred the clock starts ticking on the statute then I should just adjust the vast sea of fitting in my car one night recently ano sila he mean that I can and that's what he's saying the task on the issue of the the the the elevator at least in the charges against both come about or I don't think so I'm something mustache is a limitation be waived because it was not where they were not aware of the crime until seven cents or May and the charges the wrist once again spoke to him I don't know the part of what they were told about the cousin to the crime and the sheets to No one second term but it's shady the eye loss is this that the actual get away from with the shady if GM is trying to keep it quiet to say that their case would fall apart and their fist up along the the if the search happened back in two thousand five according to the statute of limitations on the crossbow committed he may be able to get off Scot free this seemed insane right or wrong seem to make sense that a gag order would be in place to prevent that from becoming public but he really get away with us ask Philip Holloway to elaborate on this thing about the statute of limitations if I'm on force an officer knows that a person has committed an act not necessarily that the person committed a crime but knows that somebody committed an act and the statute of limitations begins to run at that time the Sasha limitations can be told that means the clock would stop taking the ACT or the offender is unknown to the authorities but that calling exception cannot be based on the subjective opinion of the district attorney as to whether or not there was enough evidence to file charges against a particular person at that time that actually comes from a a case from two thousand and fifteen call Holland versus State of course there's no statute of limitations on murder so if there's any evidence that has Bo to committing the actual murder even if he's a party to the crime or an accessory actual perpetrator then theoretically he could be charged with murder because there is no statute of limitations on murder but basically for every other crime there is a statute of limitations for example other crimes that are punishable by death or life imprisonment the statue of limitations on those sort of things is seven years and anything else other than rape which happens to be a fifteen year statute of limitations everything else is basically four years so any felony that Bo's currently facing the statue limitations would be four years and that raises some interesting possibilities for example bows lawyer figures this out and decides Hey we want to challenge the charges against Bo then he can file with the core something called a demure or in other words is something called a plea in bar is basically a challenge to whether or not the charges can proceed and if the charges cannot proceed because they are barred by the statute of limitations the question then becomes what leverage if any does the district attorney have over Bo and how can he go worse if you will or force or encourage blood to continue to cooperate to come to court and provide truthful testimony because they don't have a criminal prosecution He's a lot less motivated to participate in the process but here's the other side of that coin we have of course lots of reason to believe the BOE has made statements to authorities we know that he's made statements to third parties we know that he has information at a minimum about what happened to Tara after she died we know he's talked about this stuff so if they drop a subpoena that's a pain as a quarter to come testify in law says when you testify you have to testify truthfully so he comes to core under subpoena and he testifies in a way that the authorities believed to be un truthful he can then be prosecuted for perjury so unless Bo just completely goes off the grid and can be found and they can't drop a subpoena this they still have some leverage because he's made statements they can make him come to court if he refuses to honor a subpoena the sheriff can literally pick him up and drag him into court kicking and screaming in handcuffs if necessary because both sides the prosecution the defense are entitled to what's called compulsory process that means they have the subpoena power of the court they can also be subject to contempt of court if they don't comply with court order but usually what happens is the judge would issue what's called a writ of attachment and basically authorizes the sheriff to go pick the person up if they don't honor a subpoena so if his testimony in court differs in from the statements they made to law enforcement not only could he potentially face a perjury charge but his testimony in court could be in peach that is shown by the prosecutor or the fans to be different from what in the past and a prior inconsistent statement is in fact what we call substantive evidence so if a person is talking out both sides of the amount of saying one thing in court with they said something else previously in either side can argue that their previous statement is the statement that the jury should rely on the ironic thing about this in fact there's a statute of limitations problem and Bo can't be prosecuted then it takes away a very strong defense argument because what happens is defense lawyers will attack the credibility witness is testifying under some grant of immunity or pursuing some type of a plea deal that's conditioned on truthful testimony in other words they get in front of the jury of the only reason this person came in here and said This is because they have a lot to gain the jury would be entitle to hear all about any deals that Bo the table whether it's immunity or probation and the defense can then use that as a way of saying this witness is not credible because he simply being paid for his testimony paid in the currency which is leniency from the prosecution so if Bo is simply testifying at trial pursuant to subpoena and doesn't have any deal on the table because he can't be prosecuted it takes away that argument and could actually play better for the prosecution of course the downside would be that simply gets away with doing that he's alleged to have done and can't be prosecuted the the the the the year is busy as I am a fighter self less and less time to go grocery shopping we all know they gave SU a regular basis is not a great solution for that thankfully there's a healthier an affordable option out there is blue apron blueprint established partnerships over a hundred and fifty local farms fisheries and ranchers all across America that means you be delicious meal at a fraction of what you would pay a restaurant also supporting a local community blue apron is the Number one fresh 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