DiscoverUp and VanishedQ&A with Philip Holloway 06.23.17

Q&A with Philip Holloway 06.23.17

Update: 2017-06-232
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Philip Holloway answers your questions from our Voicemail line. Have a question? Call us at 770-545-6411.

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the uh the the the sham chance Iowa Texas gal and she did some you know speculation in the last couple of episodes and I wonder if all concerned are or have concerns about how some of these things that you provided speculation on the various callers are hearsay and why not looking effect that might have on a potential jury in this case worker and enjoyed it thanks reasonable doubt is a doll for which reason can be attached and if any of these ideas are floating around in the public or that have been discussed on the podcast actually have any kernel of truth to them OK and I think a lot of things do have true to them certainly a lot of rumors lot of speculation and things like that that will never make their way inside the courtroom obviously but if the defense can make use of any of this information and plant the seed of doubt in the minds of just one juror in a trial it can create a hung jury in a minimum but if it's enough of reasonable doubt that everybody on the jury has reasonable doubt that would mandate an acquittal the other part of this is that to the extent that the pre trial publicity and a lot of this information is out there in the public forum so speedy and if people are talking about and listening to podcasts they're talking about media can affect a potential jury pool and I said all along that even without this podcast without the media attention without the issues raised in the podcast there's no way this trial would ever take place in Irwin County is going have to be moved out of her one county because if you move it to another county then you're going to get away from a lot of the local rumor mill issues and that's going to be very important to making sure that due process is protected and everybody's right to fair trial is protected by the fallout from the Dallas area although it was the supply and Monday not much has been said recently about the burnt how under which you called and where the dogs but is there any other info to be garnered from this location do you think or do we just have to wait for the completion of the trial and story that people buy Boeing my thing so much we really have enjoyed listening to podcasts it appears that the house that pained of the under is probably not relevant to the trial the case because it appears that any thing that was found underneath there for example animal bones that's going to be something that the town was certainly very interesting and worth looking into but it is not relevant to the case and it's not going to make its way into the trial if it turns out that snap dragon or anything else that was visited in the first part of the podcast before the arrests if it turns out that any of those things become relevant to the actual case then yes by all means that can certainly become part of the trial and it may very well happen that some of in things that will follow not only in the podcast by law enforcement it may very well turn out that some of those things do become relevant to so they become part of the child bearing that this assumes there will be a Chao I've always felt all along that they may not be a trial in this case that perhaps there was some deals in place that were there all along have some to question my own original feelings about that and I'm wondering if this thing is shaping up like it's going to be a trial for Bo do but for Ryan as well and if that's the case and certainly going to be very interesting to see how it all all of these things that were looked into early in the case play out in the corner guy could question if they weren't hosting bonfire parties or chair in there burning the body at the same time with the neighboring flash and when people catch on the OR with everybody at the party knew about it I enjoy the podcast link agreements by working under the assumption that other people were present when the body was being burned the issues whether or not there would be any specifics and associated with the burning of flesh given my own experience of having cookouts where we would roast pigs or cook steak or things like that I don't think there's any unique smell to the smell of burning human flesh interview also factor in that this may have been something that had been burning for a few days or some period of time before any third parties may or may not even present and the throw in the issue Excel Lawrence were used to possibly change the overall smell the fire I don't think that a casual observer who may not be aware of what was being burned is anything other than what was being burned I don't think they would surly have any reason to notice that there was anything unusual about that fire other than the fact that it was burning without the necessity for wood to be regular basis you're running a business time is money that's why we use tape stuck on step saves you time money which you can use to help grow your business I can mail any letter any package just using my computer and printer in the mail man comes and picks it up I no longer weigh in the light of the Post Office Talk column making your account is super easy only takes minutes there's no equipment leases and no long term commitments you click Print Mail and you're done unlike the post office stamp the calm never closes your convenience twenty four seven com brings all the services of the U S Postal Service right to your fingertips I used to have the calm because I value my time and money right now you can enjoy Step sock on two with a special offer that includes a four week trial plus postage and a digital scale without long term commitments to stamp the car took the microphone the top and type in the promo code up to stamp the comp promo code up for four week trial and a digital scale come never go to the post office again the the the wondering if we knew weather had been presented with an opportunity to lie to non person because now that Bo has been charged with everything her story doesn't really match a thing till love the show and looking for a hearing cannot imagine an investigation of this case that would take place without every single person might have any knowledge of it being interview I would be shocked if Brooke had not been interviewed by the GBI I would be shocked if they didn't talk to her trying to corroborate anything that she may have been told or anybody else for that matter so if she's not telling the truth is he one thing one thing another day all that's going to be part of the GIS determination as to how credible and how credible of the witnesses are and then it's also going to be a question for the prosecuting attorney as to whether they want to call someone as a witness because if someone has credibility you've got to make a decision whether or not you want to have that person's witness share subject to cross examination where a skilled cross examiner can pick apart every prior inconsistent statement that she may have made made it back on from Utah I have a question about the diamond was indicted because he violated his immunity offer they could have been indicted but still keep the movie on for life or from past episodes hearing that he was now worried about the arrested I'm just curious if this is proof that he somehow violated that all of the previous feel that he's made confessions and working with the police are off the table love the show I cannot wait to hear next week the fact that buzz case was in fact presented to the grand jury to be interpreted really in two ways The first way is that it was simply part of the ordinary process you notice the charges didn't change their exactly the same charges that were referenced in the rest for most of the time the district attorney will file an indictment in the case and that's what happened here so you could look at it just like it's a normal part of the process the other way of looking at is that if you've got a deal in place with the prosecutor and you're a cooperating witness what would make sense if I'm representing who's a cooperating witness is I would wave Granger in other words I would tell da don't bother sending in the grand jury you have my permission or consent to just simply fall is called an accusation which is a formal charging document is like an indictment is but a fast track things and it really makes it much more simple to get the case in the core another interesting thing about this indictment is that they added some language in the count regarding tampering with evidence that is a sentence enhancer in enhances the sense from three years up to ten years as a possible maximum because they allege that evidence was tampered with in order to conceal a murder that language was not in the arrest warrants the rest forms for silent about that so by the way they indicted they basically have turned this into a case where if the judge were to sentence him after a conviction and wanted to stack the charges consecutively he could be facing a twenty five years in prison so it's not all stretch to think that based on the way the indictment was worded in the way that things are playing out now that the district attorney after boosting going after him hard in the best explanation for that would be that if he had some kind of deal is now off the table and the way it will be off the table is if he violated can ask on from Franklin Tennessee I was wondering if you remember her death on the podcast or read it on dusty death he saw immediately that they remember saying that there is a credible source that told and Ryann had kidney disease or failing kidneys or something like that and may not have all that long to live I wonder now if we and that's true or if you know anymore about that he might be taking the fall for everybody else and all that was an interesting point one If there is any more to it thanks very much the work the legal issue presented and I a terminal illness that a defendant may have is whether or not there physically able to stand trial one must be physically and mentally capable of standing trial in participating in your own defense in order for there to be a trial we saw of this in the last couple of years in Atlanta in what's called the Atlanta Public Schools cheating trial where the school superintendent along educators were indicted the call she had a terminal illness and was so weak she was not able to participate in the trial so everybody else was tried she was not because her physical illness she actually wound up dying later and was never tried but if he has a serious terminal illness that prevents him from being able to participate in his own defense that could very well become a legal in the case very bad words is a new podcast and all swearing in taboo language laws has been a language has been forbidden words but what gives these words their power and why they considered bad producer and host Matt Miller reaches out to experts linguists historians to explore all these bad words in their cultural significance let's face it there's a lot of bad words in the podcast very bad words will dive into all of them not just the words themselves you also look for languages that have the worst curses and personal stories and interviews to help shed some light on the power of these very bad words if the unique look at culture through all the words that we are supposed to think like the history of the word shit and why people love to use the word shit and did ship toy store as an acronym what I should have so many meanings both positive and negative very bad words answers all these questions to check it out subscribe to very bad words on Apple podcast subscribe to very bad words now the mothering you think Sarah was a party that I was from my her car was dirty also I've always thought it was really weird she said she went home to watch a videotape of the pageant didn't exist even for someone said they think that it exists is very weird because that level of detail for leading a pro cycling people in China live it and is an information and the hell they're unnecessary and I think that they have held diverse pain mention that care was going home to watch a video game mentioned the issue you or the question rather of whether or not Tara may have gone to a party or parties that pecan orchard is potentially an alternative theory of how things happen and if it's something that any evidentiary support to and it's something they can be used by the defense in challenging the district attorney's presentation if the district attorney's presentation in core in their case in chief does not include that so if there's any evidence to support that idea can be raised about the defense is certainly can go to the issue of reasonable down and as discussed before reasonable doubt of one juror just one is enough to hang a jury we saw that recently in The Bill Cosby he's just at least one juror who had reasonable doubt and it takes the unanimous jury verdict to reach a conviction so that plants the seed of reasonable doubt the minds of just one juror could be a problem if it doesn't fit with the state's case in chief money man on man I am from Nashville Tennessee and I'm loving the podcast I found a really interesting the last of those that know them I was really a terrain do I just want to know how this elation I think the case is a matter of a conflict of interest then here's Evie share during the time of the investigation and you know have we evolved to say it was related to now a convicted person in the cage was a science now valid point you back anything that could affect anything thanks so much I will support remember for sauces nobody's been convicted in everybody is presumed to be innocent unless and until they're proven guilty in court beyond a reasonable doubt whether or not a deputy sheriff who may in the case has some family to a defendant does not necessarily create an automatic conflict of interest to the point is someone needs to not have in the case the rules of professional ethics for example that govern attorneys who have a conflict of interest is much different and doesn't apply necessarily to law enforcement to think that if there is a family relationship that battle would be enough to call someone who is a lost fortune to not properly investigate the case of there's nothing in of itself wrong with a family relative be enforcement when that law enforcement agency is involved in the prosecution of particular person but once again if there's any question that arises about whether or not that family call those things to be handled differently or to be handled in a less than proper way then that again is one more thing that could be used by the defense to try at least to raise doubt in the minds of any particular jury if there's ever a trial in this case or in a trial if there is one and the guests voted but the bottom line answer is that a mere family relationship is not in of itself create a conflict of interest so that a law enforcement officer could not participate and investigations or even in the trial the case it is something that's relevant for cross examination found that there's nothing about the family in of itself now something more that causes it to be improper I can chop after a crisis I love you I have great we even drove through the ledge of a visual with everything in the yet but my question was is that if we think the period from the GI tract about Ryan wrenching tear in the simple and nice feeling for when I go again some of the signs of struggle like a necklace I used to love it can be used to does that mean to say that he just woke up and he immediately concerned and took or how or when exactly to me in a little bit about that area what you guys think about sinus trouble or struggle are actually evidence of what went on I think too much keep that supported even because of the gag the GBI and longed for have not really given us enough details to know they believe there was in fact a struggle and if the evidence suggests that there was a struggle but the state's case says that there was a struggle or of any statement made by a perpetrator or perpetrators says that there was no struggle and that creates a conflict in the evidence and if it's properly used by the defense in their case the changing narrative is the will the conflict in the evidence is something that can be pointed out the defense during the trial the case to show that did not happen the way the state says it happen and that can also go to the credibility witnesses so if the physical evidence doesn't match the state's case in chief that could become fertile ground for a skilled criminal defense lawyer to show that witnesses may or may not be telling the truth and to suggest to the jury that things didn't happen the way that the district attorney says that they happen so in theory that could be another point that they could go ahead and argue that there's and that the jury should acquit but again since we don't know what the prosecution's evidence is we don't know they're going to present evidence of the struggle to a jury we don't know there's going to be a conflict in the end it's ER or thanks for listening today's episode was mixed and mastered by resin the recordings if you want to improve the quality of your podcast a podcast of your own go to resonate recordings dot com Get your first episode produced for free this episode was recorded and industrious Atlanta part the market for two hundred and fifty dollars off your first month office rents industrious office Dakar flash vanished be sure to stay tune for K seven is next Monday June twenty six Episode twenty two on July third base guys refuse to do
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