DiscoverUp and VanishedQ&A with Payne Lindsey and Philip Holloway 03.17.17

Q&A with Payne Lindsey and Philip Holloway 03.17.17

Update: 2017-03-177
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Payne Lindsey and Philip Holloway answer your questions from our Voicemail line and from social media. Have a question? Call us at 770-545-6411.

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making his move to make the next website was where space and seventeen people if you have a website where you doing no seriously if you're an artist entrepreneur musician business owner we're getting married and have a website I've been using square space since like two thousand and six because of the absolute best all one platform for making websites first base has award winning templates which makes for a beautiful way to present your ideas online and they also have award winning twenty four seven customer service Christmas is liable for any kind of website my wife and I got married we made a website where space is that dealing with to a plethora of these in the mail everyone already peed on the website we had all their email addresses and contact information is in the details services used by wide range of creative businesses musicians artists designers restaurants you name it look make a next move may connect website make a next move was first base er er er er er I don't have an external history of our guests to be a felony charge feeling that large an amount from the federal government allowances on solo with him being so involved in this case and having a criminal history was on only sixteen seventeen thousand dollars to sign and she has nothing to do it that is strange that her and they said the same when in Savannah anyway just curious about the thing que siempre love nature of this case and how high profile does but also who is illustrative and tells me that he's probably provide information he's being rewarded for high luster from Auburn Alabama The calling whether the charges are being brought against Allah if you made them kind of deal and then later on it's revealed that his involvement with more than they previously believed some say he did more than to help get rid of the body very suspicious circumstances so if they were add on more charges that make a any kind of killed in a given previously ok thank you ok so given this a lot of fall basically the idea is that what he's lying and trying to say Ryan did nothing to do with and they go through and they get a conviction all dry and and let's just say hypothetically Bo gets probation and down the road ten fifteen years hey it was the other way around so the issue is what can they do that well probably not much because there's double jeopardy issues they would essentially have to indict him and withstand the fierce legal challenge about double jeopardy of course go back and charged him with perjury and false statements one thing about it is though if that happens to be the case the prosecutor can argue that they did not know until some point in the future that it was the therefore they were aware of the crime therefore jeopardy had not attached that would be the counter argument but there's definitely double jeopardy problem if that situation were to materialize that's I think why they spent so much time between arresting Ryan are resting above because they needed to make very sure that they could corroborate everything that he was telling them so that they would not found themselves in that position in the future so if there was a deal in place with Bo for information but they find elbow lied about something in the deal be off the table was the deal just done when it's done the deal is done already I believe now if they find something quickly that indicates he's not been truthful with the promise you truthful testimony in full cooperation is part of his obligation that I believe the hands and if he doesn't deliver on that promise and they don't have to lower the deal by Magnolia I had a question about the way the charges were filed in the future do is implicated further than what his charges are could he be charged for a different crime in the other county hasn't been charged in the same county as trying to anyway thanks so much love yourself I so look for the last question they're not technically co defendants the warrants allege that boohoo acted solely in Ben Hill County they allege that he didn't do anything in Irwin County now if he was doing something in Ben Hill County with Ryan Ben Hill County could also charge Ryan that if he's already got a deal cut to plead to something over what's the point of pain my name is Toby was in and out of Oregon I just wanted to give my comments on the difference between a burglary and what you might call a home invasion now I am prior law enforcement and my training experience taught me that I majority I think it's best sixty five percent of burglaries happened between six am six pm and that speaks to the intentions of the burglar or deceive not wanting to have any sort of confrontation but just going to get in get in get out on seeing them fall apart just for a while and with one exception well if we're talking about Atlanta or Portland in Oregon where the colors from that this is a soul Georgia were talking about for five thousand people and this type of residential burglary remember I used to be a police officer there I grew up very close to there that kind of thing just doesn't happen so I said all not buying the botched burglary narrative maybe that's what happened certainly wasn't there but I'm just not buying it and there's just not that type of burglary that occurred very often less trees track of the police department just doesn't happen down the people that understand where we're talking about this is not a major metropolitan area we have somebody who shows up at noon time the plumber stance don't notice and or that kind of thing just doesn't happen is by Jordan Hein from San Diego I actually grew up in Georgia a small town southeast Georgia and listening to the podcast that takes me back home for a little but my question is will the discovery of her body or remains that change anything in convictions ranging from thirty or do they have enough evidence to convict him try them right now just curious as to change anything and you know it when getting on or send her anything thanks for finding question and I agreed on a tight chest it's hard to say I enjoy it it's heartbreaking that I have enjoyed learning more things ok so here's the deal in Georgia you cannot convict someone upon their confession you have to corroborate that was something else it doesn't have to be much like er of if they found a tooth or a skull fragment or anything like that that could corroborate statements if they have another witness for example knew coming in to testify that would corroborate the confession of one exists so assuming for the sake of this discussion of course he's presumed innocent but assuming Ryan confessed or makes a statement that came close to a confession it was corroborated the statements of other witnesses for example above do and maybe some physical evidence like a bone fragment that would be enough to convey the the the proxy by one of our longtime sponsors tack welding these guys are awesome Aquila make the most comfortable underwear socks boxers 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for twenty percent off everything back to the show Mr. Howell a May ballot the warrant for you and do seemingly being completely separate meaning they're in different counties for her crimes how could something of this nature not overlap in what does that mean for strategy police in the prosecution's case thank you well they do overlap and they are related but it's true and in different counties but only that they're in different judicial circuit so they have different district attorney's handling these cases are not co defendants in the traditional sense but it's not uncommon for prosecutors to coordinate with their colleagues from other places throughout the state when they have a case and they need solved if they need the district attorney from Ben Hill County to cut a deal with Bono so they can convict Ryan that would not and all the hard to do it would be uncommon was bodoh lives up to his part of the deal then he goes presumably to core and Ben Hill County and in whatever plea they've worked out it may very well be that the deal is that he doesn't League they simply dismisses charges what she testified that comes to that we just don't know what the terms of the deal are but under Georgia law that deal whatever it maybe would have to be disclosed to Ryan Duke and his attorney because it affects the credibility of the witness because if they've got a lot to gain by testifying the way the prosecutor arguably wants them to then that is information that cuts against the witnesses credibility and he's already got one strike against him because he's a convicted felon under Georgia law convicted felons are deemed to be less than credible than a jury can feel free to disregard any of their testimony is Crown had to do with that we call that a crime of moral turf a tunic goes directly to someone's character for truthfulness and it would be very fertile ground for cross examination by defense attorney if the star witness is none other than to buy my name is Jack Carmichael I'm from Cincinnati Ohio my question is Why was Ryan Duke arrested Ernest A D D and the majority with the mastermind behind the crime and I don't think is to say on the podcast was led to Ryan to caress weather has been around and aren't comparisons of care summit thank you Grandpa Ken Lovett by reading the tea leaves Lassie happening was blow getting an attorney and then going to the authorities and saying Hey I've got this information and then the authorities had corroborated they can from Ryan with it than they feel like they have enough evidence to charge Ryan of course the killer to the police and the authorities that's the big prize if you've got enough evidence to think to an arrest warrant you go ahead and do it then before somebody has a chance to maybe leave town but if they've already got one witness is cooperating who showing of what pecan orchards to dig up things like that he's got an attorney and has already come for there's no reason to think that person's flight risk so you can afford to wait until you get all of your ducks in a row and corroborate his statements have him go with the GBI to the pecan orchard show them exactly where to look give them a lot of details give them a lot of interviews and once they do that then found a go ahead and take the warrants for Beau and I and as you know California first of all I respect your hard work to bring light to change my legal question is do you think there will be any investigation or lease of docking figure out that there was a cover up because of both Sam and connections I feel that the GBI have this all figured out years ago were asked to carry that can match if you ask around I'm sure people have stories about over doing what everyone and Sound salmon rich and had connections is either just to the conclusion that there was some kind of cover up and I think it would be in pure speculation at this point to accuse somebody of covering anything up but as to of documents I'm skeptical that the public will ever get all of them the family may get some or most of them at some point but if there's convictions in this case there may be the potential for appeal and tell a case is completely closed and no longer an active investigation the GBI can simply refuse to release them under the open records law they can also choose to release them if they want to it's up to then they can say with something of a straight face and it's an open investigation by simply saying they're considering whether there were other people involved and so they can hang on to that excuse for quite some time in which a conviction though they have to have a narrative of what they are convicting that person of correct would have to include or not include other people can just come up later and say ex you know we have details of all they can always hold on to that as a possibility that there may be other people and therefore it's still an open investigation was going to come out in court if there's any guilty pleas or for the trial doesn't have to be every bit of evidence that they have in their case file they just need to present enough to meet their burden of proof beyond a reasonable doubt or the case of a guilty plea they could get away they could theoretically ass and defense lawyer if they stipulate that there's a factual basis for the plea if they say yes and they don't give any details in court in pain man band from Southern California now there's a lot of talk in life isn't about that charges him with questions regarding the charges and suggested that they may have been poorly thought out or poorly written my question is Is it possible the investigation involving more out of the arrest of an aide to add additional charges in court proceeding if there's more clarity as they find more things I guess everyone so the district attorney will dress and I at some point we present to a gray jury and the indictment is going to be the formal charging document that works its way to the core system the warrants are just sort of placeholder that authorizes jail to hold someone in custody but they will be replacing superseded for both defendants by indictments or potentially an accusation which is saying things just that you bypass the Granger in the D A draws a similar document and it's just fall into the clerk's office the warrants are not the formal charging documents and to the extent that there's any inconsistent season the wording of any documents like the warrants the DA has the opportunity to clean that up and make sure that whatever is filed meets all the elements of the law that they can absolutely increased charges they can decrease charges they can do practically anything with the grand jury there's a saying that the DA could indict a ham sandwich because there's no other party there the defense is not there's no judge there it's just funny to some odd people and the prosecutor and probably one investigator so they can get a grand jury to charge anything they won't and they can increase charges against either the code Venice theoretically I just get in Atlanta I love the podcast have a question for the defense attorney who's going to be answering legal questions my question is I don't think he is about how I meet convicted based off of confession alone is it possible for him to even be conveyed didn't have her with bodies never found thank you so much those further up the podcast love here as well as we said earlier E can be convicted in primarily on the statement or confession as long as there's slight corroborate it doesn't have too much at all let's hypothetically say Ryan confessed and said choke her and killed her and took her to the pecan orchard and let's say never find anything and they never found another witness they found nothing to put him at the house that confession is not going to be sufficient but if they find his hair follicle at the crime scene they found his DNA or if they have a statement a co defendant or somebody who helped him in the process or maybe said something to in the past they can confirm corroborate his statement that would be legally sufficient the caller asked if it was necessary to have a body that's a very common question the answer is No you don't have to have a body it certainly helps and in most murder cases you do have a body or some type of remains is called the Corpus to let down the body of the crown but it's not an essential element of the offense that the prosecutor produce motive or a body they can get a conviction without either one of the the the the Hell Did You Sleep Last Night The most Americans get less than the recommended seven eight hours a night to be me but now every single night I'm getting the best of my life only because of one reason my seat number listed on her bed this picture is my idol firmness comfort and support for each side of the bed was perfect for me my wife had this thing called sleep IQ technology that tracks are sleeping patterns in right now 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present cases separately because they're in different counties in different jurisdictions and not technically co defendants here's the thing the bow is going to be a witness any trial that Ryan might have the same eye because I don't believe there's going to be one but if there is one the deal is that of give truthful testimony in that try and cooperate fully so there's not going to be a trial both of them is coated in this if there's a trial one of going to be a witness in the witness chair and was going to be seated the defense table Diana's fairy friend in Ohio and the lessons beginning and rain out of question that I have been even though it's been a little too many times in a pot pasta in other news outlets that jurors remains and may have been found and wondering what happened to the case and her remains down and then being found in the pecan Grove Landis tech conviction against world try and sell with Zach and I look like for their future cases thanks keep up the good work by well the arrest warrants against Love allege that he did certain things with remains so that suggests to me they found remains we know that before the gag order when the place and made statements that something's of evidentiary value were found they didn't go into a whole lot of detail but I think reading between the lines and looking at those warrants I'm fairly confident they found some type of physical remains may not have been much but I think it's very difficult to completely destroy a body I question his or her own way scarier in Greenwich Connecticut said that Bo Duke may have worked a deal to testify in exchange for reduced sentence undoubtedly describing Ryan Duke is the main perpetrator could the same way I confess because I was scared the hell did I want to testify because actually based on the background description personality he does seem like we have done it anyway who gets picked for the test of my deal is it just two first requested or who had the second layer just wonder thank you very much well the sounds when his co defendants and they truly are cousins in the sense that they acted together to commit a crime oftentimes is which lawyer gets a prosecutor first and offers to hell gets the deal that much is true but that's not really what we have here because the way it's been alleged is that Ryan acted alone in terms of the day but only did billion loan and See Georgia doesn't have any law like an accessory after the fact that could could cause bowed to be liable for the murder we have what's called a party to the crime if you participate in any way encourage participate at all in the commission of crime you can be charged and convicted and sentenced just as the main perpetrator so unless they have that Bo was at that house in participated then he's not a party to the crime and that he is someone is guilty of as a ledge hindering the apprehension of criminal destruction of evidence hiding a body and those types of separate criminal offences but we don't have criminal for accessories after the fact in State Georgia game and had Aaron Hines family can be when you are talking up our way he mentioned that trying to convey it is may have already struck deals with won for scent and they may plead guilty without ever having to go to trial he also mentioned that if this is the case TV I may decide to keep the case then any public records release from happening in case of Appeals my question is Why does indeed happen when this family be privy to the information out on course and has even if the public is not yes there will be guests I think the family probably has already of the lot of things that we in the public or in the no Georgia has crime victims bill of rights and allows and requires prosecutors to include family members in making process is such is when we give deals to do and what kind of tale doesn't literally get to wag the dog is ultimately up to the prosecutor but they are required at least to consult with and confer with the family and to consider their wishes so in so it's almost impossible to comply with the Crime victim's Bill of Rights without telling them what happened so I believe the family certainly the stepmother and father and perhaps other close relatives no we all do and they're probably just maintain their privacy and giving it to themselves and semi hapless loving your pack and curious to know info to comment on the last I or me but are admissible in court just curious loving and keep going thank you around so the question was asked because I really the answer is hell yes anything that somebody Cannon will be used against you in court we've all times part of standard but if he says something in any capacity the incriminating him and the crime and his own trial is by definition not hearsay it's a declaration against interests is it something that is admissible against him and so if its approval and authenticated that it was him who made the statements and they are in fact in cult or meaning they would indicate his guilt and their relevant and admissible or yes they absolutely could be used against him and Kristin from Virginia my questions regarding the charges for Boeing Ryan is there any sentencing set for Ryan that the two then swap roles in this crime so is learning to read my rhyme I go along with the murder charges leaving Bo is the nursery if that's not really what happened to these charges change for each of the investigation continues thanks as well of course the charges could change if the evidence points in a different direction but I think that the investigation is essentially over I think that the charges against Ryan are going to be murder don't think he's going to challenge those charges I can certainly be wrong but I think there will be some kind of deal put out there at the slot or and I don't think there's going to be a trial so the charges change yeah but it's going to require different evidence is going require new information otherwise I think things are where they are no pain listening to these questions that have come in to the voicemail line and social media to me directly in to you directly seems like a lot of people really interested and sort of the real world of what goes on in the court system and light lifting the veil from the process and wonder if something we should consider doing more of maybe a separate podcast anything like that idea the pair are listening guys as a reminder next Monday is the case evidence to give special thanks to resume recording editing mixing today's episode specialize in podcast editing and production of looking to improve the quality of your podcast for a buck as a hero in the mail a resume recordings come guys will see Monday yeah
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Q&A with Payne Lindsey and Philip Holloway 03.17.17

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