DiscoverUp and VanishedQ&A with Payne Lindsey and Philip Holloway 04.27.17

Q&A with Payne Lindsey and Philip Holloway 04.27.17

Update: 2017-04-281


Payne Lindsey and Philip Holloway answer your questions from our Voicemail line. Have a question? Call us at 770-545-6411.

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it is only in here with pain Lindsay and this is a special question and answer addition of up and vanished we're going to be getting into your questions from not only the voice mail line but also some from social media so here we go to Martha I lived in Douglas Georgia about twenty five miles from Hilo my question is does the papal something about terrorist martyr charged with concealing a crime or appropriately so I thank you for answering my question very question assuming that's true there were other people that knew about it there's no affirmative duty in Georgia to report a crime now if the police or the GBI or law enforcement in general had question any of these people in a lot about it that would've been another thing entirely simply having knowledge of a crime and not saying anything is not the same thing is actually taking affirmative steps to conceal it such is what Bo's alleged to have none by taking the body and destroying gotcha so the line between having knowledge of a crime in covering up crime well the difference is in your mind if you simply know something happen and you just keep that secret and you take it to your grave and you don't do anything else with a That's not a crime but if you do anything to obstruct an investigation if the police ask you Do you know anything you say no then you've lied to them that Lionel of itself is a separate offense if you take some affirmative steps to cover up a crime you can be related to it there is no real accessory after the fact in Georgia which is why Bo has not been charged with murder but he's been charged with concealing a death and tampering with evidence so you have to be some type of affirmative act I see only created a group on stage for the oven then a pasta fan and my question is he knew how awesome my way to legally his own text messages that vote to send their own really have as far as imports will the hole that they really minding to anything as far as breaking the deal they have going on with him if the authorities can take a look at the Baton on Tuesday you know I peeled off the table we're going to prosecute you this way the word sigh it's a slow questioned given of fall and I think that depends on what the parameters were of any agreement or understanding that Bo and his counsel may have had with the prosecutor Mohd do text messages if they are in fact he is and I think there's pretty good reason to believe that they in all likelihood are His can be used against him in court they could affect any kind of plea deal that he may had or may have been working on because see these text messages were all back in the timeframe before he was arrested and that would've been the time in the case would have been talking about what kind of plea deal they might be working on deal and typically these types of things go on in secret and it would be reasonable for a prosecutor to say will work with your client but you gotta keep everything quiet you can't let any of this get out has to be locked down seeker and if they found out that he's broadcasting it to his his friends else who'll listen that he's got some kind of immunity or some kind of a deal coming yet absolutely torpedo his chances of getting what they were as he thinks he's going to get in court and if those messages are real which I believe they are obviously do the whole week in court oh yeah I think they do if they can be authenticated as being his if they are contradictory to anything he says in court a defense lawyer could eat him up spit him out and just destroy his credibility on on the stand of his trial in this case because he would have been making arguably an inconsistent statement if he says anything different some of the text messages seem to be inconsistent with one another so it almost looks like he's talking out of both sides of his mouth already I am from San Francisco was the podcast I'm just really humbled by the whole concept of Ryan to me in this manner all by herself in isolation the winery your tan on the road to involve make very little beyond just hiding a body that's what he caught here but I'm wondering if you minimize his role in that we may or may not ever know miss wondering or ten year sentence right away I wanted to take on that thing well let me start by saying that we don't know all the evidence of the case we may have the ally of the tree but we don't know what the individual leaves look like on this tree so we're sort of in the speculation land here but I tend to agree with the color I'm not one hundred percent convinced that the narrative this sort of when you look at the warrants combine that with the language of the indictment now I'm not convinced that entirely make sense and as to the comment about people minimizing their roles I've talked about this before it's been my experience now and twenty some as an attorney and being in law enforcement prior to that almost always when people give confessions or make admissions at least to some degree they tend to minimize their involvement it may just be to protect their reputation or the reputation of their family or maybe they're just embarrassed they what they say so if you don't have of physical evidence if all or most of any physical remains were destroyed you really just have the statement so the people involved in it and you don't really have alot to go on to challenge the narrative that the players involved give you in this case bone dry and the fashion should not have to cost you a fortune with the tote you can wrench or look to get new clothes every single day you can get to seven hundred dollars for the floating only thirty nine bucks a month yes thirty nine bucks a month my wife always complain about shopping for clothes but she loves new clothes for the past month has been using the toes of her wardrobe today she got a new box and the echo of the V the K in all of that yet the work the middle of a happy sigh we got the faster this is a ways to do that I once worked for Google to Dakar to stall 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 in 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 get fifty percent off your first month together to try to tote dot com promo code vanished the name's Mark you know the show I noticed you said that some have called you the woman said her car was missing at one thirty in the morning when the woman was thrown from a place of work going on is it possible that due to shoulder in the house of her car with her body in it drove it to every generation and then drove the car back and that's why the car wasn't there a one thirty because Duke was using a car to move her body so focused on Wednesdays when I heard the last edition of the podcast as I heard that call or talk about that and I thought about whether you know if this is infact true this may be a piece of information that law enforcement doesn't have and if it's true that the car wasn't there the neck and is changed the entire scenario they could change where something occurred it could change how something occurred it could change really in any of the variables it could move the crime scene if true from her home in a cell to someplace else perhaps to be an orchard so if that is in fact something that is accurate it really could have an effect on the entire case and how this plays out in court the last point that lady I talked to share that information with the GBI a long time ago it was not publicly known obviously but long horsemen knew about this for a while so I'm not sure how they see it fitting in to their puzzle but it is interesting to me everybody else because that kind of goes against the narrative we've all known for so many years at the barbecue eleven presumably goes home and goes nowhere else and if you do go somewhere else you got in or someone else's core because her car was there but her car was in there one thirty or so between eleven pm one thirty am well what I will say and I'm not accusing the GBI of this in this particular case because I don't know but a lot of times investigators choose not to believe a witness or they believe the witnesses mistaken and they simply discount what someone says to them and they feel like it's not really relevant to their investigation but I have personally one case where law enforcement gets a certain idea in their head about how something happened and they have tunnel vision and they tend to discard any evidence that doesn't fit their theory in other words the idea is that a good investigator is supposed to objectively follow the evidence to the truth wherever it may lead not to come up with the theory and then build a case around the theory and I really hope that's not what's happening in this case so if what you're saying is true that this woman was interviewed by the GBI gave that information to the GBI I will give them the benefit ofthe doubt that they had other information that suggested that it was inaccurate somehow it was irrelevant I hope that's the case have I heard from my huge fan of the podcast going from Knoxville Tennessee and Brian do Facebook status in the park and the caucus painful same article is actually a small wiry frame it and see song called Inside now any actual versus right here in Anbar and I like a week or cast me down why those frail see our time has gotten stale the tic Talk Talk is painful sane logical I want to tear it off the wall so I thought that I would point them out those prophetic words and mind is that they own that Fran and six on that early in twenty years old thank your nineties music the the the the the the the the the beautiful the yes so you know ok good karaoke time all right yes we did know that it is very interesting if you analyze the rest of the lyrics of that song I didn't worry too much into that but my whole point was between me and said the song lyrics that doesn't mean that that's how he felt the other just lyrics of song and my thing is even time you quote somebody or something is in some way a representation of yourself even Kurt Cobain quoted Neil Young in his suicide note writing things you post on Facebook or social media that you think you know this is interesting this is what I want to share with the world are on my Facebook friends that at least gives you some glimpse into what's interesting to you at that moment hai this is Madison from Houston and has a summit if they have really been enjoying show up on the podcast I think all of the legal details in everything are really interesting and you don't like it here that stuff on other true crime things I really appreciate that my question is about the Dukes I was wondering what would be a potential reason for the first promising him that he wouldn't be arrested or charged with anything in the inventory starting him in arresting him what would be the reason for them changing their dealer for him lying about that part of the deal was just a little fishy to me no good work he's really enjoying it always glad to hear from the callers in Houston with a law school in use and really have a great affinity for the city except for the last time I was there was for the Super Bowl and I'm not really talk much more about that oh my goodness please no ok back to the issue at hand the text messages indicated certainly if they were from above we think that they were that he was of the mindset that he was not going to get arrested so something must of changed to cause him to get arrested if that's the case who knows what that would have been but it certainly was a decision that was made by law enforcement authorities probably the district attorneys we know that the two different DA's from both Finn Hill in Irwin County are working together on this the multiple law enforcement agencies and of course you know judges sometimes have to get involved in approving types of immunity and it may be something that the judges would go along without knowing is really no way to say other than something happened that calls law enforcement to change its mind about arresting him if in fact the original plan was that he was not going to be arrested hi this is Rhonda soccer from Jacksonville Florida we're definitely enjoying your podcasts down here my question is if this case goes to trial will there be prior to the beginning of the trial the prosecution layout for the public a scenario in time Lori of the events of the crime in SS not something necessarily all too well they do something like that at the beginning of the trial appreciated the good work as a trial in the case it will star with an opening statement and what usually happens is each side will give the jury map if you will what they expect the evidence to show it will not give all the evidence but it will certainly give a decent preview of what the trial should look like and what the jury can expect to happen throughout the course of the trial now all the other end of the extreme on this and I've talked about this before and I can't state enough that it is entirely possible that if a plea deal is worked out with either or both of these defendants particularly with Ryan that even though the courthouse can't be closed they could go there at two am on a Saturday nigh or Sunday morning and enter a plea and stipulate to a factual basis without the court reporter having to take down any details of exactly what the DA says happened he could sign the paperwork and head off to prison or wherever else it is he supposed to go and the public would not really ever have an official record of exactly what happened so that is within the realm of possibility certainly hope it doesn't come to that one to believe that it won't but it is something that I'm concerned about today's episode is brought to you by Maxwell did these guys are awesome not to make the most comfortable underwear socks boxers briefs and t shirts for men in the game if you're like me absolutely hate going to the store shop clothes especially digging through my numbing assortment of socks and boxers visit just grabbing something to get out of there but not well and simplifies that all their products are very high quality May with unseemly thaw fabrics all of the superior modern design there's literally no reason to go look at other brands for your style because these guys have all of them plus you can order it straight from your phone or computer just like everything else to work in the world these days because not unlike the pain vanished giving you guys an exclusive offer twenty percent off everything in their store exclusively for Up in Venice listeners or yet to do is use the promo code up at checkout to get twenty percent off everything the Macworld and the calm use the promo code up for twenty percent off everything now back to the show the pain this Yvonne does have a question as far as the location the glove was found where was it in relation to the window that you talk about being on land or the screws being in the bank's love to share the goal of the latest blow was found in the front yard near the door stay pretty close to the door in a bed of pine straw the window there was talk to Belle en riesgo been talked about is on the backside of the House and the only way to get to the backside of the houses to go around the yard to the gate and walk that way there actually isn't a backdoor to tears house that goes into the backyard which is something to keep in mind when you're thinking about tears dog and it was light outside you can open the backdoor to house a little outside of taxi walk out the front door around the front yard openly gay and then walk the dog into the house or vice versa so the symbols open the backdoor of the glove was found the front yard that window was to the backyard but there is no backdoor high pain this is Eric and I California so I had a quick question I know you said eighteen episodes but will he give any updates on the case after words if you do stop and start doing the season to thank you to hide its eighteen episodes but there might be some more super though there's some big revelations an episode eighteen might change the trajectory of this podcast a lease for the time being and been holding it to my chest for a while then trying to investigate more into it but the cats in a can of the bag a little bit in episode eighteen it's more breathtaking than than seventeen the thing we all are on pins and needles waiting for that tip of the iceberg a bear my name is LeeAnn from the Atlanta area Leesburg Georgia now that I have a question about the indictment in the last episode we talk alot about and one hand versus hand in hand in the arrest warrant but seems to me that it would be pretty difficult to kill someone with just one hand and there is no wet and we make of that if he strangled her religious and that we kind of herd to a great man all he strangle a person with one hand anyway that's my question whether she thinks well actually just a few minutes ago before we started I tried to strangle pain with one hand and in war at all I've got really big hands mum I inherited that from a father and his quick he's pretty squarely but you know that that is a big difference of one hand versus two if you imagine someone being strangled you imagine two hands around the neck so there's been cases that have been involved in the past where there was an aggravated assault and one being used allegedly for one purpose in another was being used simultaneously to do something else won't get too much more into detail than that but just yesterday I went and looked at recent indictments in other jurisdictions in the state of Georgia that accuse people of aggravated assault using hand or hands or also I included with that other objects which are not typically deadly weapons and every time I found such an indictment a gay little information it didn't say just use their hand to commit aggravated assault it would say as those this indictment it says When used offensively can cause serious fall injury or death but they give a little bit more explanation they say by strangling said person or by hitting such person about the head with this lamp post so the indictments that I have seen recently and when I used to draw and Imus was a prosecutor we were talking about weapons that aren't your typical weapon we would give a little bit more detail because the indictment has to put the defendant and his lawyer in this case oh notice of what they're supposed to defend against and I read in Dinah and I just pretended I didn't know anything else about the case ass ass muscles to know what I'm going to have to defend the gains just by reading the language of this and I'm the only answer I can come to was no because Allah says he uses hand it doesn't say how so maybe my client decides he doesn't want to talk to me but I still have to defend this indictment and maybe there's no other information in the case FAO of this says anything about it I'm not all notice of what it is I have to defend and that is what in diapers are for is to put the defendant on notice is part of constitutional due process you have to know what you have to defend against a court and if the indictment is not warded sufficiently that is an invalid for example the prosecutor is expecting there to be a plea deal though and that would not be any challenge to an indictment it might make sense to draw an indictment that is a little bit more vague shall we say today's episode was mixed and mastered by resume recordings you want to improve the quality of your podcast a podcast of your own check them out a resume recordings Dakar thanks for listening everybody be sure to tune in Monday for case evidence will be glad that you did
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Q&A with Payne Lindsey and Philip Holloway 04.27.17