DiscoverUp and VanishedQ&A with Payne Lindsey and Philip Holloway 07.06.17

Q&A with Payne Lindsey and Philip Holloway 07.06.17

Update: 2017-07-073
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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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the in in the the the CR when Wyatt as the poorly written indictment was intentional and part of the local conspiracy slash cover of Let me first start by saying I don't think the indictment was necessarily poorly written I think the issue date in February the statute of limitations would have begun to run it simply says that the crime until February of this year speaking about bows and I don't think it was necessarily a poorly written I think you should have alleged a day in February of twenty seventeen when the crime became known to law enforcement it simply says the month of February I think it's even more specific than that but other don't necessarily that the indictment was poorly written now when you talk about Ryan's I do think there was some deficiencies there I think it should've been more specific in how the latest that Ryan used his hand to commit murder I've always said that should've been more specific to the ledge how he uses hand to commit aggravated assault how he uses hand commit murder as the second part of that Twitter question I am not at all prepared to accuse of any intentional misconduct or conspiracy or cover up I do think there's some things that need to be investigated more thoroughly like what exactly long for new and when they knew it that's an investigation The most definitely needs to happen but I'm not at all prepared to accuse regarding any aspect of this case at this point that would be a very serious accusation it would be entirely inappropriate to make such an accusation without solid evidence to back it up Jesse Crain seven eighty six s on Twitter is Bo really out free with no restrictions yes vote is out on bail and saw restrictions are concerned conditions typical bond conditions are things like Why break any laws don't use alcohol or take drugs that a prescription things like that for the most part he's free to live as He sees fit while he's the lemur on to ask when can we expect a trial for either blue or Ryan that certainly is good question and one that unfortunately I can answer my crystal ball unclear the moment dusty has told us about people in the early County Jail for trial for years so when you have a case has parts is this one has there's really to no bearing in mind that is probably going to have to be moved outside of Irwin County if in fact is going to be a trial and that in of itself is going to necessitate certain degree of delay could have keep in mind you get to how's the judge else you got how's the prosecutors you've got how's the defense team you may have put witnesses up and some type of lodging you've got a lot for Flint has to be mood to deal with the security issues in terms of transporting a prisoner and so the fact that the trial will undoubtedly take place somewhere else means that it's going to be in all likelihood take a while I guess it is simply a guess I would say roughly a year that's about as close as I can get to reading the tea leaves but again if I had to guess it would be about a year now it turns out that blows no longer a cooperating witness all bets are off is to win his case may go to trial because he's in a different judicial circuit he's not a co defendant to Ryan he s separate charges in a different county and if his council feels like he may have certain defenses like a statute of limitations defense now they can fall is called a demand for speedy trial and that can speed things up quite a bit but is below is a cooperating witness and the disposition of his charges would not take place until after a trial in Ryan's case whenever that may be beyond Whitney's asks Why does the court have to move is more cost effective to bring a durian from elsewhere or is that the law well the answer is that a change move the trial to another place or you bring from another county neither option is very cost effective and judges do not lie to forcibly relocate jurors in other words if you were to bring someone from say area and tell them that they had to come and County in a hotel or motel for a week or two or three weeks however long it might take to try this case that's not going to be happy person and jurors are always inconvenienced by having to serve but the last thing that you want is a jury that is from another location that doesn't live there and you've basically forcibly of through them from their homes their lives their families and make them come to Earl and Countess of bringing is an option but is not one that judges like to use so in all likelihood the trial moved to another county and that means the judge the participants the defendants the lawyers everybody has to go to another location and the law says it has to get a county that has similar demographics to early counting the flame places that could happen and you don't have to go very far outside of Atlanta just maybe thirty or forty minutes or so and there's lots of rural counties that have relatively Sterling County so where the trial will take place is anybody's guess but there's lots of places very rural and would be similar in terms of demographics to Earl and county paying money Pandora's Box or the bee and a big fan of the podcast really haven't fallen in the beginning my question is with five coming to work was Are you feeling a little bit more like you all the gays are you feeling the world with the camera and it was about the great work can't wait to hear at the end Stephanie bittersweet feeling for the past two years now all I've been doing pretty much every single day has been trying to figure out what happened here I've talked to hundreds of people into a spill of more times than I can even count and has just been an overall very intense experience on the bright side I do think that we've made some serious progress in the actual case you know when the podcast first started we had no idea what happened to Tara and now almost a year later there's been to rest in a much clearer stories emerging about what likely happened to Tara so in the last two episodes were going to our best to get all the truth out there from that point forward our goal is to let the justice system go to work obviously in the event of a trial for both Ryan or Bo will be there recording in the podcast will cover that but after Episode twenty four we want the system to go to work always follow any major developments in the case all the way down to the verdict also in the beginning stages of season two of an vanished on a whole brand new case and we're very excited to share more with you guys in the near future if you were listening to the girl on the train inaudible you feel things like the hair raising on the back of your neck goosebumps because with all mystery performance so powerful you can feel the suspense start a thirty day trial in your first audible book is free learn more at audible dot com flash of audible as the best audiobook performance is the largest library the most exclusive content audible has something for everybody to carry styles and business classics fiction mystery thrillers spy fi and fantasy you name it if you like podcasts and YouTube of an audiobook from audible is super easy to access audible has an app that makes listening to audible titles better than other formats in the app to have different channels with exclusive original short stories and comedy plus the best of news and podcasts in navigating couldn't be easier to be controlled you can listen faster or slower or apps for iPhone iPad Android and Windows phones unlike a streaming or rental service with audible you own the books so if you're looking for a powerful audio experience look no further awful going to audible dot com slash up to thirty day trial your first audiobook is free just go to audible dot com flash of the the day I love the podcast from a quick question about the statue of limitations stated in previous episode that the clock starts ticking when they're aware of the crime and I was just curious where Bo is being charged with a different kind in the concealment of the body when with the clocks are ticking because when where they actually me aware that it was actually concealed and with that clock ticking to things when they were made aware of the murder was wondering if there is a technicality that would come into play with the timing related to the statue of limitations and say thank you very much love I have and you know that there is no statute of limitations whatsoever for the best night in an issue for Ryan long for her however have any knowledge back in two thousand and five for example of those this boat have a complete defense we know from episode twenty two that law enforcement at least had some information about the pecan orchard had information about Ryan they took statements from witnesses so Yvonne representing I'm going to dig deep into that issue don't want to find out what they knew and when they knew it if they had any information back in two thousand and five about those in vote have a complete defense based on the statue of limitations on the other hand if they did not in fact know anything about blows until two thousand and seventeen as alleged in the indictment then the statute of limitations would not have started in two thousand and five and it was started in February of twenty seventeen I am from Asheville North Carolina and I love the podcast I just started within a couple weeks ago I finally caught up my question is why imperial family not participate in the past I have listened to other similar podcast and the family have participated was just wondering why none of them have participated in this case the very beginning result those Salem Police Chief Billy Hancock and we met in person before I even made the podcast he sort of acted as a line of communication between me in tears family he told his family about the podcasts and they give their full support but over the years they've been through a lot more than I can even imagine it was just too painful for them to be involved in something like this but they expressed that they will support anybody who wants to find out what happened that era I DID see her parents in the courtroom on the day that Ryan Duke was arrested he also stated that day that he still wants more privacy and some more time to heal so I'm going to respect that but I hope that one day soon with a sit down and talk by Andres offers enhanced huge fan of the problems of like a lot of people devastated after loss to the note was just wondering about this gag order is it going indefinitely and that we may never know what happened here and that I think a lot of people that couldn't know lot of work in Africa every year like there's nothing any justice for Tara and I guess my question remains do you think they'll be living in Georgia says something like this can't happen again anyway these are guys that was like asking only for legitimate next store all these fears a lot of people were very much puzzled after the revelations Episode twenty two as for the gag order the gag in place currently is being challenged in the appellate courts actually in the Supreme Court of Georgia media organizations because they believe that the even the amended or loosen the gag order if you will is unconstitutional so that issue has been raised and it's been filed with the Georgia Supreme Court I'm told by one of the attorneys representing one of the media outlets but if the trial occurs anytime within the next year or so in all likelihood that would occur before the Supreme Court might take up and rule only issue of the gag order so in all likelihood the current gag orders going stay in place until the duration of those cases and the caller's reference to something like this won't happen again well yeah keep in mind we still don't know what this is we know from Epson twenty two that local law enforcement at a minimum knew something about the pecan orchard knew something about Ryan took statements from witnesses and according to Revelation and twenty two it was past all of the GBI now that this self warrants an investigation to find out what this is it that the situation with a left handed know with Rihanna was doing well that's one thing if it's something more nefarious which I prefer to believe that it's not but again an investigation is warranted if it turns out to be something more nefarious than I would fully suspect that the appropriate remedial actions would be taken against anybody that may be involved but it's important to remember not to put the cart before the horse we learned some things that were certainly shocking in episode twenty two but it's something that is going to have to be fully investigated one way or another but whatever happened back in two thousand and five whether it was a simple mistake honestly say it was negligence or whether worse something like corruption is going to need to be investigated we have to find out where the breakdown occurred and why and how I fully expect that once that question is answered in whatever remedial measures may be necessary would be implemented ok let the cat and I was wondering if Brian and I got a new attorney or of the public to their bank Ryan Duke is still using his state appointed public defender his name is John Mobley I am kind of surprised that no big hotshot attorney has reached out to Ryan Duke or his family in such a high profile case but that could always change when it comes time for the trial it's time to step up to watch came and talk about a brand new watch with a clean design that doesn't cost five hundred dollars that the movement watch movie watches was founded on the belief that style shouldn't break the bank their goal is to change the way consumers think about fashion offering high quality minimalist products revolutionary price is about a year ago I would almost never wear watch but since I got my movement watch I don't go anywhere without it non use the check in my wrist instead of my phone to see what time is not to mention they look super clean the classic design quality construction and style minimalism here's the thing moved the watches are just ninety five dollars watches and tons of styles for men and women there's no doubt in my mind to find the perfect watch so it's time to get a wrist piece and don't waste your money on overpriced watch from the mall movement watches in BMT and right now special for Up in Venice listeners you'll get fifteen percent off today with free shipping and Free returns going to be in T dot com flash up and vanished that's fifteen percent off plus free shipping and Free returns just by going to in BMT doc on flash up and vanished join the movement good in BMT doc arm flash up in vanished the the guy I am from Minnesota I just initial knee to the gag order on the questions are still up I heroically was wondering if any interest in having a conflict in Asia and how in prosecuting the case on how you are the weapon in and reprimand lie i care anyway so the color makes reference to the Revelation twenty two that the district attorney's son was friends with to maybe still is that in of itself does not give rise to a legal conflict of interest however if the district attorney son had some knowledge and perhaps was with us in the case that would give rise to being a conflict of interest and would require its usual enough personal experience with Paul Dowd and he's an honorable person and I don't believe that he would do anything unethical I don't personally believe that he was involved in any kind of cover up some people may choose to believe that he was based on what they've heard so far and everybody can have their own opinion of Mr. Bowden believes that refusal is appropriate I'm satisfied that he would do so if either of the defense attorneys involved in representing either there's a conflict of interest and keep an eye and they certainly in this case than we do at this point but if they believe that it would be appropriate for the district attorney to be recused they can always fall a motion with the court asking for that half the district attorney can voluntarily recuse himself if he believes there's any appearance of impropriety but I'm not prepared to say that there was any impropriety simply because his son was a friend or acquaintance or whatever you want to call him with someone who is now a criminal defendant in another jurisdiction this is Justin from Birmingham Alabama on episode twenty one you mentioned that your Facebook account been hacked and email address to be treated that you didn't create or even even that time that it was related to horror and you guys are what determine who did that or whether or not it was facts related to this case or just someone out there trying to make her life living hell the way his mantra xia of Fort Erie I suspect this point both those things I was never able to determine the exact identity of the person who hacked my facebook but we did track down an IP address that I think was in India or something that didn't make any sense the only reason I thought that it was related to the case was because somebody had made to fake yahoo accounts and one of them was called up and vanished at yahoo dot com and that was directly linked to the person who hacked my facebook so I'm convinced that whoever did the least knew about the podcasts and was trying to disrupt my life a little bit but we got back and we will have again a pain this is true Georgia in its quest for all of you all question is will it die it coming if the county over but do we save face or his lawyers say things we do is treasure and be a counter and I will do this camp endurance as it was true or do we believe that actually guilty of what he's done all the orders of the strategies of the real deal here's a question mark as they were then we were the cause making reference to a communication that was circulated basically straight shot a text message and the Senate to his friend and he got out publicly where his lawyer was stating his opinion about why Bo was arrested in the first place and that simply is the opinion of the person who wrote the statement so the traditional way to begin in criminal cases where an arrest warrant which is what they did it and then the traditional thing to do is present the case to a grand jury and the appropriate time and that's what happened so speaking for myself and for this podcast we're not accusing anybody anything underhanded or for political reasons that was simply the opinion of whoever wrote that statement presumably lawyer so we're not accusing anything unethical or underhanded the traditional process begins with an arrest warrant followed by a grand jury present or perhaps the filing of an accusation if you wave as we discussed in a recent case evidence but it appears that the criminal process regarding the OU and Ryan for that matter has followed the traditional approach beginning with an arrest warrant followed the filing of formal charging documents in each of these cases that was a grand jury indictment the information is out there in the public domain and people can choose to believe whatever they choose to believe based on the information that is out there in the public domain it does appear that at some point in the past it was Buzz belief that he would not be arrested it appears to have come as a surprise to him that he was going to be arrest and they had some opinions about that and those opinions belong to them everybody else who sees this information is free to draw their own conclusions from it but nobody here is accusing anything for any improper reason the air from their question the effort has been covered to Reno for sure that Tara was at a party with the big group of people maybe that's how she got mine on her tires why is a major roll from back home then something happened at the house jazz up your ex there's very few things that we know for sure right now and that's a good point and is one I've made a couple times to me always seem less likely that era was murdered inside her house especially the idea that Ryan just went there on his own in broke in there with a credit card and her dog didn't bark or anything wake her up it does seem pretty unbelievable like you said we'll know what exactly happened I don't exactly believe the GBI is narrative could tear up in the party that night possibly yes do I know for sure absolutely not but with little clues like the mower tires and stuff like that makes you think is something way different could have happened because the Sleep Number bed just not tired or get the best sleep of my life every night for me talk about it before I'm telling you if you're in the market for new bed sleep number is the way to go my sleep number setting is thirty five Cassie's eighty six with that number again both adjust our bed that fits perfectly my friends is Sleep Number energy is the most amazing dad ever the new Sleep Number three sixty smart bed and keep each of you effortlessly comfortable for your best possible sleep just like the rest of their beds the fleet number three fifty smart to let you choose your ideal firmness and support for each side of the bed but they've added some things now has responsive air technology this means the bed every move automatically adjusts to keep you comfortable throughout the night even pre warm each side of the bed if you did No Sleep Number beds cost about the same as a regular mattress put it last twice as long thank you to meet your new bed only come from Sleep Number three sixty smart but that's the only place you'll find it now when the best times to buy during the lowest prices of the season we can say five hundred to seven hundred dollars The most popular two thousand and sixteen beds to check them out any of the five hundred and fifty three member stores nationwide or sleep number dot com to find a Sleep Number store near you to be sure to tell them up in Venice and shoot the The Chad and I appreciate the art and the question I have for you is when you talked about the cadaver dogs searching for sounds of a cadaver or the smell that remained were cadaver was thinking that they said they searched everywhere including tears own property and evading a hit and is only the story is that writing killed her in her house so if you killed her in her house when the dogs have a sense of the cadaver to clarify their vision for the podcast I've talked to several cadaver dog experts and the Vol told me that the dogs are very talented and can smell cadaver in almost any circumstance they've also said that the cadaver smell that they are smelling is created within minutes of the person dying so yes in theory if Tara did die in her home in the cadaver dogs searching our house should smell cadaver the fact that they didn't suggest again that maybe she was murdered there I can in Dallas Texas my question seemed to me alight at the end of the last podcast he indicated their grandfather indicated that they knew what happened to her two months after the surgeon that pecan orchard then they move and what happened or her and I am clear on the final under us and choose to not be all right thank you for a job to love it know you heard that correctly is it true I don't know but it wasn't to make that a I hate having this team that yet New York City my question is painted a fuel stop in the same finding true then why are only two out blast I evidently many people think they have some requests and first place that we may have even had charges against anyone and the jokes are sold as the potential insinuation is that there's no interior motive for the prosecution to pursue the case in a certain way do we not meeting and appendix removed the line of questioning now more than ever order in the hands on your part you back and respect the process and let it run its due course for some time as we love the podcast for you guys are untrue and then by the time it's all over the next two episodes we will have covered a whole bunch of information and all the cords Elm the table like a certain point I want to respect the process and let it unfold how it's supposed to it's always important to question what you're hearing and seeing if there's hidden truth needs to be told I feel confident that by Episode twenty four we will have covered all the important factors for this case currently stands thanks for listening guys today's episode was mixed and mastered by resume recordings you want to improve the quality of your podcast a podcast of your own go to resonate recording stock on your first episode produced for free this episode was recorded and industrious Atlanta parts the market for two hundred and fifty dollars off your first month office rents industrious Office Talk column flash vanished and be sure to stay tune for K seven is next Monday thanks guys refuse to do
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Q&A with Payne Lindsey and Philip Holloway 07.06.17

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