Q&A with Payne Lindsey and Philip Holloway 03.30.17
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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the uh I met you I'm from Chicago to click a legal question oh the questions last week that the amount was making the pesto on without the type of evidence that a pressing question is What if there is some evidence the slightly collaborating evidence in the glow of fire being on the walk but I doubt that the chain of custody on what would make that mess was that mean that damn lesson would also not be admissible or with out the proper evidence along with that ok so he brings up a good point about chain of custody which refers to how an item is collected from the crime scene or any other place and how it's maintained in terms of its integrity all the way through the process so we know that the item this in court is the actual item that was collected and tested in Georgia a chain of custody is important but you don't have to show an entirely complete chain of custody there can be breaks in the chain of custody and still be admissible I'm not suggesting that there are any breaks in the chain this case we just don't know but if there's a little bit of a break can still be admissible and the judge would instruct the jury that that would go to the weight that they give any evidence not miss Billy but it would be a type of core operation that could be used to corroborate a confession if there's one boy did they still have to have other evidence besides a confession if that were to be thrown out if for example in the hypothetical that will use the glove is some type of core operation and it turns out it's not admissible then they would still need something else even a statement from another witness for example hypothetically if only turns out to be a witness that something else they could just be Bo's testimony yes or someone else's testimony dislike or operations all this requires the the and my mind is blown by the US is the aging great job the things I was wondering about this person is initially is that the confession may be in the state to live with his grounder this camcorder in the first thing to carry that if there's any reason that make the order if you find the one thing and also near the It is possible if there be any charges in mind for anyone who may have correct information about the kind of freaking out when you go on if anyone had imagined and teachers reading the work so what was the gag order I honestly can not only for the sale in Canada was the week on again and this kid with you okay so I'll address that question backwards he's talking about potential charges against third parties this is all speculation of course but a lot for the term is that there's people that were involved and they can still prosecute them if they find people have done anything to hinder an investigation on to tamper with evidence and any further investigation reveals evidence of that and there could be charges or statute of limitations issues but theoretically I think charges could be made if there's evidence doesn't look like it's going to be at this point but hypothetically is possible to get understand that by the time he was appointed he had already made any statements that they would have been asking for prior to taking into custody you know that's the big frustration that lawyers in criminal cases faces about time they get their client as a client lot of times I've already confessed all over themselves and the damage has already been done because it's very difficult to survive a confession as long as the confession was obtained legally and what happens as police will interview or do some kind of the interrogation was someone prior to them being placed into custody and they will get counsel course after their arrest so most of the time people ignore and do give states do think that it's customary for a state appointed defense attorney in this case to request a gag order or is that out of the norm for this high profile case the fact that it's a public defender versus a hired lawyer I don't think makes any difference that it's professionally the responsible thing to do for the defense counsel to ask for it because you go into a case not knowing exactly what you got on your hands and you figure that out later so going into it you have to do everything you can to protect a client's rights which will include the right of a fair trial and pretrial publicity has an impact on that so it's it's responsible and is what I would do if there was a case that had this much publicity the Haiti and my question is when they first announced they had arrested a lion or it the mare ran some and that's a legitimate or not that I was in the late eighties and renal failure in on the hour for the past you are not that he'd been speculation that means taking the majority of the rap about his tibia in life I found that question I think in the county jail in silver and county is not a typical county jail is run by a private company and contract services out not only are we counting primarily to the federal government is used as an immigration deportation holding facility holds literally hundreds and hundreds of federal inmates and the number of people who are in jail on local charges awaiting trial has to be very very low when I practiced in that circuit it probably was less than ten or fifteen any given time so there's not going to be a lot of local Irwin County inmates there but the thing about that facility because it's hole so many federal inmates it has more advanced medical facilities than a lot of other smaller county jails in the area with half because it's really unique and it's just happenstance that that's where he held so if he does have medical needs the other inmates don't have I think it's reasonable to believe that a lot of that can be handled in house without having moved into hospice is that where they would only keep them or do you think that he's there for another reason I think that's the county jail if the housing else they're going have to pay another county to house so it has a housing in the facility they already have and he can get better medical attention there than he could get any of the other smaller county local jails are probably better than you could get a local jail the metro Atlanta area season has brought you by one of her longtime sponsors tack Weld these guys are awesome that will make the most comfortable underwear socks boxers priests in t shirts for men in the game if you're like me you absolutely hate going to the store shop clothes especially digging through mind numbing assortment of socks and boxers busy just grabbing something to get out of their body to look at the price a mouthful and simplifies that all their products are very high quality specialize in making insanely soft fabrics with a superior modern design there's literally look at other brands for style because these guys have all in plus you can order it straight from your phone or computer just like everything else in the States personally I've always been a huge fan of the sock 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jail as salacious as is mine and somebody will say OK it's my right so maybe it was all it wasn't someone to blame for everybody else but not in a real serious case I think that is probably very unlikely that character on the city I guess the question that I have after all is saying had been arrested for free and he hadn't seen her in the senior in the senior has matched the last match he was just my first thought be so much for all that again well we don't knows a thing or Prep Zone lover Not only thing that was known is that some DNA sometimes love is very difficult to take stress off of certain types of material in a latex glove would be something that I would imagine would be very difficult to obtain a latent fingerprint now that being said we know that her car was fingerprinted we know the scene itself of the home was fingerprinted and it's possible that some of those prints around and maybe now they go back and see if the fingerprints belong to match anything that they may have found at the same team and they got new prints to because he was arrested in this case the printing again so they would have had to have had some reason to compare his sprints from the DUI to impress them and collect from the crime scene and it literally could be that nobody thought to make that comparison if they had fingerprints from the crime scene and if they enter those into database cocoa this and if fingerprints from the DUI arrest were taken electronically and also put into that same system theoretically it could of the match but if they use the old fingerprint card system and it never got put into that system there would to mash them up and I've been in that tiny tiny little jail in precinct ano sila ay submitting every single DUI in minor s they get no sila into this coded system or network automatically do that or is there still a paper system or was there in two thousand tin likely that either they did have a printer did match the love we would've never known of us have gone into the system and if you're arrested and it's using the modern technology and it's all done electronically and I think it automatically gets fed into that but unless when in the system there would that the two would have automatically link up and we're assuming that they found a friend anyway right crime scene and that I still question if there are people who knew about what happened to tear out in late May that were necessary with lying about a game they have let things be and told them what happened that people who knew and did nothing to let long for snake or the The held accountable for basically concealing that now they can be held accountable for simply not reporting a crime they can be held accountable of a lot of somebody about it the instructor investigation but they literally can keep that information to themselves and suffer no legal consequences whatsoever there are certain people like physicians for example who are called mandatory reporters of like sex crimes and things like that of use and correct but just your ordinary person is not a mandatory reporter and so there's no obligation making and selling the sizzle of the best in California my question was outside as speculation in the actual facts do we have to point fingers at Ryan for the murder in hue podcast is awesome I know the wrongful convictions do have the sudden the war about later but wrongful convictions do have and an eyewitness identifications is one of the worst types of evidence is out there like eyewitnesses to crimes is really unreliable there is a real thing when it comes to false confessions that does happen and we also know that people tell lies to the police and they tell lies to juries so there's a lot of things that go into it we can literally do the owner may be a whole podcast episode to this topic but it does happen for what evidence is actually there in this case really all we have to go home right now is the warrants and what they allege which are fairly conclude re statements are not going to a lot of detail so of what you've uncovered what's been released publicly we don't know with actual rain there's been very little and if at all anything's been released publicly other than the arrest warrants and the fact that they have been arrested at all and that Ryan has been charged with murder for the fact that I have had many at all but nobody has any facts here because there's a gag order in place that is preventing the police from telling you what facts that they have I think they could prevent some speculation that from what I know to be true in what I personally believed to be true is that Terri's body has been found on that pecan Grove and that that story has been incorporated by many people and it involves Ryan dew killing terror instead I personally think that that is what the stay is alleging here we'll have all the details of it but the state feels confident enough to say Ryan do kill terror instead I'm just choosing to agree with them the the fashion should not have to cost you a fortune with the tote you can rinse your love to get new clothes every single day you can get up to seven hundred dollars for the clothing only thirty nine bucks a month yes thirty nine bucks a month my wife is always completed the shopping for clothes but she loves new clothes for the past month has been using the tote to upgrade or wardrobe today she got a new box and gave recall secretly reporter sorry babe the cause of the day passes that hit the air like he is like clock lose the peace corp and the middle of the things they hear the shots I hate the immediate thought was lovely except that it is the way to do that once were for the go to Dakar to stall your style profile and sign up to get a custom tote delivered right to your door then you can wear it you want to return everything in the mail when you're done a few days later you get a new box right now they have a special offer for up and as listeners use the promo code dentist to get fifty percent off your first month together the dry dock on the promo code banish the mind and soul and from their California questions that you have any idea how long it takes GI from the time it comes into this online to the time they have a resource available to investigate that it was receiving hundreds probably thousands of tips in this case I'm sure they have their own ways of deciding how legitimate it is and I've spoken to the GBI one point and they tell me that they vent out everything and how silly it is they explore everything from your experience in the system at all how quickly do they have a resource to respond to certain things and if there was the lists is use the orchard for example the pecan orchard you know they were clearly digging out there and they got the information from a tip you know how quickly do they swoop in and take care of business when it comes the kind of stuff I think the best procedure would be to follow on the information as quickly as you get I think a lot of times tests can be ruled out as being significant almost immediately if it's something that law enforcement knows not to be accurate they don't know so after two outs and a SWAT team of folks out to start rounding up suspects in a Here s they can filter out based on things they already know if it has anything to it says it could be within the realm of conceivable possibility that I think they move on fairly quickly and get enough information to decide whether or not they need even go further so it just depends on the nature that a thing to have plenty of resources and that's really not an issue timing is probably non issue I love people that were involved in this case from the very beginning because out I remember what happened in these people that we're involved in conducting these searches for I know that that was a lot of information coming in to a lot of different law enforcement agencies involved in a short pre determined course most of it turned out to be nothing and that's why this case sort of captivated by that age as Alec and the weather like this out there right now and there was a great job great time on it my question is he going back to what was that back in like a kid who committed suicide and know that a family have like twelve names on it saying that they may have been involved with the disappearance of Air and I'm just wondering if that will be attainable now that the gag order may be lifted and we have a confession to dry under the name Leon it was no because that would be in the possession of the GBI of course they're all subject to the AG for the entire file is so that again or we don't know and understand all the and we don't know if it's relevant we don't know if it has anything to do at home with this case may be one of those white rats high tension occurs and Warner Robins GA and have a question regarding the gag order now let the regulations in the world and I'm wondering if we would be able to find our names that happens while the gag order was in place said Jan is it possible for a two nil experience remains were likely thinking about the great work well we know for sure at least unless someone violates the gag were I can read between the lines I look at the arrest warrant which indicates that the body was destroyed in Hill County and confirm from the statements that GM made prior to the gag of evidence were in fact found so putting that together I am of the firm believes an opinion that remains were found and to ever come to light soon or before a trial or conviction we'll come out I think it comes out when the case is resolved in court whether it's by some type of negotiated plea or if it's trying not to his concern and fear about this case though I've said this before is that if they do work out a plea deal and they don't want all the details to the public even if it's for privacy for the family you go into court and you can simply stipulate to the core there is a factual basis to support the charges and plea without actually laying out what those facts are and those facts could therefore not become part of any public record so you know paying a lot of people have passed on some questions they wanted me to ask you about in one of the ones that seems to be really catching my attention now you went down there and you're still and you visited the current resident of of tears home and is it true that you just like models to her and and somebody just doesn't hey come on and see exactly how it happened I walked to the door knocked on it and I hear come n i really couldn't believe I look back at the road my little brother was there with me Donna was there in the car dance classes are you sure and I mean I open the door and walked inside terrace house so they out the window and see who it was no to the blinds there was no window on the door it was just completely shut door there was no waited to see who I was she never heard my voice yet I just knocked on the door in seconds later she says come in and so I just instinctual e open the door very slowly and it was dark in there and he was a completely surreal kind of spooky experience for a second mitten afterwards I was in when I saw you going to go in before I got out the current kind of just walked around the listen in come the it was daytime so wasn't it wasn't his point four four five o'clock it was really dark inside the house I grew to a couple seconds kind of for our eyes to adjust does not look like very trustworthy character don't know found that I know she could see new things I would let me in there she had no qualms whatsoever just letting anybody in her house hunt that was very and the surrounding Rome and the food life I kind of feel weird looking around in there she was sitting on the couch and she was having some private time with the TV and all the lights were out in there it seem like it was really kind in somebody else's stuff in her how you were but hey I was yes I did ask her if you do you mind if I can look around for a second edges it's so surreal being here I just had to know had to check it out a little this I just peeked in the kitchen and kind of peeked around to the other room which would have presumably been tears room it was completely surreal type thousands can lock in the door and help the homeless go right was in the weird thingy in this will always stay with me was when I when I walked in pain was already having a cordial conversation with her about you know the home and about people coming coming by and I am first and Otis was she was just an older black woman sitting on the couch watching Andy Griffith Show in black and white and uses a real throwback of like him like a time capsule it was textbook like a movie theme but you know she was real polite him she was obviously you know welcoming in her home in Austin we come back anytime he wanted to shoot something there or you know walk around the property and she said a lot of people no one really comes to the door but a lot of people still can't just come driving by or looking at the house from outside but yet were I guess one of the first he was actually knock on the door and check it out now the question of the few doll then she did it she indicated she was aware of the significance of the house shoes and yes was very where she knew she knew exactly what happen there know with with care and didn't seem shaken up by at all she was actually very forthcoming about her hse her herself and how she was confident the you know nothing would happen to her she was she like I'm ready to come here with them bushy basically I'm ready for it I never talk to about using her voice in the podcast suddenly put our conversation there yes he was really kind of funny about how she had no problem defending herself of someone else was trying to go in there and do something yes I mean she acknowledged knowing what the significance of the house was in that era had lived there said that most people's cars drive by and stare and look at her like she's not supposed to be in there and that was us actually you know a month or so before we were combing the in his throat before Payne have acres go to the front door she was actually sitting out on the porch so we were the second Tyler Pryor exact we've dreamed by a couple times in a star out there and actually talk to the Chief Billy Hancock about her obviously he knows residents over there and has for me with her so he may mention that she was a nice lady and very welcoming and we didn't actually go in actually popping on to this last trip but there was some interesting all the other question about the visit the people have asked me to pass on to you that maybe you can shed more as you mentioned that said fifteen about going over to where you knew the glove to them recover from and that it was an unusual place can you expand on yes I mean from all the pictures I've seen in the descriptions I've had from Marie's son Billy Hancock even just seeing the statements made by Kari Roth well from the GI I knew where the glove was from a sketch or the pictures and sort of looking at Google Maps or even being there from the road in seeing it but not until I was in and ice all pretty much know what was the precise area of the glove was found in just didn't seem to make any sense as to how we got there and I mean that by it wasn't right in front of the door or really in for the door all this to the side if the glove was dropped on accident you would assume that someone's running or walking by that person had to have walked or stood right there in that particular spot was running right through that area it just made no sense to me why someone would be heading that direction because one it's not a good place to hide your core into the other side of the house makes a lot more sense or directly across the street in to it kind of just go straight into the neighbor Joe's yard it's almost the longest route to the road again if you were to take that to make a line from the door to the road and you know assume that they dropped a glove along it just doesn't make any sense for to be there now so it only tossed it but if you were to assume that it was accidentally dropped it just didn't seem like a likely place whether what the weather was like on the twenty four forty eight hour period when she was missing and before she was unsure if I know that it didn't rain I don't know if it was windy or anything I mean typically is not extremely windy in Georgia in of course it could have blown over somewhere but assuming that that didn't happen which i think is a fair assumption I just thought the placement of the glove was on and trying to make sense of it being there from somebody dropping it I still know why they were heading that direction until it could have then I don't know why it didn't seem like it made the most sense it was the I E if you come out the front door it goes places to park easy to carp or was it to the right or you're going to go straight out the front door across the lawn which is where I was part either one of those directions is now out the front door to the left which is where the glove was found and if you're going that way it would be the worst place possible he said to park if you're going to go from that front door today in the longest route route to the role especially if you were if you're carrying a body or something like that and you're trying to be very quick
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