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Q&A with Philip Holloway 06.23.17

2017-06-23

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

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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Judge SAM I'm shades taxes, tired and little seed in some. You know regulation in the last couple of episodes in, and I wonder if are concerned. I have concerns about how some of these things that you provided speculation on, various collars, you're, hearsay and rumours, and why not look at the fact that might have on a potential jury? In this case you ve got Boardman enjoyed. It reasonable doubt is a doubt for which reason can be attached. And if any of these ideas. That are floating around in the public or that have been discussed on the podcast actually have colonel of truth to them. Ok, and
I think a lot of things to do have truth to them is certainly a lot of rumor there's a lot of speculation and things like that that will never make their way inside a courtroom. Obviously the defence 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 home jury and a minimum. But if it, enough of reasonable doubt that everybody on a jury has the boat out, then it would mandate on acquittal. The other Part of this is that, to the extent that there is, trial, publicity and a lot of this information is out there in the public forum so to speak, and if we're talking about it and listen to IRAN podcast there talking well no social media. It can affect a potential jury. And I said all along that even without this podcast and without the media attention without the issues that have been raised in the park, jest there's
This trial would ever take place in our work. he is going to 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 rumour meal issues and to be very important to making sure that due process is protected and everybody's right to a fair trial is protected by December, allow from the Dallas area, although it was touched upon and Monday at the third. Not much that recently about the burnt. How under which you called and where the dog on, but is it anyway and to be garnered from the vocation these or do we just have to wait for the completion of the trial and story. That's gonna, be told by bow in my thanks so much we. we have enjoyed listening to the vodka. It appears the house the pain Doug under is
probably not relevant to the trial. The case because it appears that any thing was found underneath there, for example, animal bones, that's to be something that at the time was certainly very interesting and was worth looking into benefits relevant to the case, then it's not gonna make its way into the trial. If it turns that snapped dragon or anything else that was visited in the first part of the hard task before the arrest, if it turned are there any of those things become relevant to the actual case, then by all means that could certainly become part of the trial and it may very well happen that some of those initial leads and things that were followed up, not only in the podcast but by law enforcement. It may vary I'll turn out that some of those things do become relevant and so some part of the trial, bearing in mind that this assumes that there will be a trial We felt all along their manner be a trial in this case that perhaps there,
with some deals in place that were there all along? I have some reason now to question my own original feelings: that I'm wondering now more and more if this thing, isn't shaping up like it's going be a trial not only forebodings but for Ryan as well, and if that's the case, certainly and be very interesting to see how if at all all of these things that were looked into early in the case, play out in the corner, guys quick question they were really hunting, bonfire hurried out an orchard in their burning, the body at the same time with the body now, if you're a burning flash when people catch on vat or we assume and everybody at the party knew about it anyway, enjoying the podcast. Thank you very much working under the assumption that other people were present. In the body was being burn
the issue is whether or not there would any specific sat associated with the burned your flesh, given my own experience of having cooking that's where we would roast pigs cook steak or things like that. I don't think there's me unique smell, true the smell of burning human flesh, and, if you also factory, and that this man have been something that had been burning for a few days or some period of time before any third parties may or may not have been present, Andy throw in the issue of whether any accelerates were used to pass, we changed the overall smell the fire, I dont think, a casual observer who may not be aware of what was being burned, if anything other than what was being burn, I don't think they would necessarily have any real. To notice that there was nothing unusual about that fire other than the fact that it was burning without the necessity for
would be added on a more regular basis yeah it's that time of year again time to set new goals and resolutions that are easy to make, but their harder to stick to an audible. We that listening can motivate inspire in form and he'll be successful and twenty twenty and the years to come. No matter what your resolution or goal as this year, you'll find the perfect audio book audible to motivate and inspire you weathers, getting physically fit financially fit or being a better parent leader or person. It's all on audible and held motivate you audible, is issuing a challenge to current and
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audible, dot, com, slash up or text. You p two five hundred five hundred again, that's audible, dot com, slash you p, or tax up to five hundred five hundred I just wondering if we knew whether Burke had been presented with an opportunity to lie to law enforcement, because now that bow and been charged with everything, hers story doesn't really think match up. Thank you. love shall I am looking forward to hearing from you, I cannot imagine an investigation of this case that would take place without Ray single persons who might have
any knowledge of it being interviewed. I would be shocked if had not been interviewed by the GPA. I would be shocked if they didn't talk to her, to try to corroborate anything that she may have been Bobo or anybody else for that matter, so if He's not telling the truth if she saying one thing one day and another thing another day, all of that the part of the gps. determination as to how credible she is and how credible other 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 someone has credibility issues, you ve got to make a decision about whether or not you want to have that persons ass in the witness share, such to cross examination were a skilled cross. Examiner can pick apart every prior inconsistent statement that she may have made data back on from you, I have the question about the boat, dukes indictment,
was he indicted because he violated his immunity offer. I could hear been indicted, but still keep them we the offer lies. from path episodes hearing that he was not worry about being arrested. I'm just curious. If this is proof He has somehow violated that and if all of the treaty the elder he's made confessions, conventions and working with the police and after all, the people I'm not a show- and I cannot wait to hear next week's the fact that both case was in fact presented to the grand jury to be interpreted really in two ways. The first way is that it was sent partly ordinary process you know the charges didn't change their exactly the same charges that were reference in the arrest warrant, most of the time. The dish attorney- will file an indictment in a case.
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 it 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 somebody user. Cooperating. Witness is out wave grand jury. In other words, I would tell the d a don't bother sending at the grand jury. You have permission or consent to just simply file, what's called an accusation which is a formal charging document dislike an indictment is but fast track things, and it really makes it much more simple to get the case in the core and other interesting thing about this indictment is that they added some language in the count regarding tampering with evidence that a sentence in Hampshire. It enhances the cells from three years up to ten years as possible maximum, because they allege that evidence was tampered with in.
or to conceal, essentially a murder. now, that language was not in the arrest warrant, the arrest warrants were silent about that. So, by the way, they indicted it they basically of turn this into a case, work if the judge were to send him after conviction and wanted to stagnate, charges consecutively it could be facing up to twenty five years in prison, so it's not at all a stretch to think that on the way the indictment was worded in the way that things were playing out. Now that the dish, to turn it is really going after both dukes and going after him hard and the best explanation, for that would be that if he had some kind of deal, it's now off the table and the only way it will be off the table is if he himself violated issues. Ghana, calling from Frank, when can I see I was wondering I can't remember if I heard this on the part cast off. I read it on dusty basket blog or maybe it was both
I remember that in saying that there was a credible source that told him Ryan had their kidney disease or failing kidneys or something like that, I may not have all that long to live. I just wanted to know if you have found out that's true if you know any more about that that he might be taken for everybody else involved. Thought that was an interesting point and wondered if there is any more to it. Thanks very much keep up the good work, the legal issue presented By any terms, illness that defended my have is whether or not they are physically able stand trial one month, be physically and mentally capable of state, trial and participating in your own defence. In order for, to be a trial. We saw a recent example of this in the last couple of years later, in one, called the Atlanta public schools cheating trial, where the schools Superintendent, along with a number of other educators, were indicted,
because 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 of dying later Was never try, but If he has a serious terminal illness that prevents him from being able to participate in his own defence, that could vary become a legal issue in the case yeah The new year is upon us, which resolutions do you plan to conquer and twenty twenty sticking to improve
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slash cadence Here I was wondering if you guys think that you're one of that party that night I feel like I will explain why her car was dirty and also I've always thought it was really weird but she said she went home to watch a video tapes of the pageant that didn't exist even for someone said they think that keep existed. I thought was really weird to give that level of detail for leaving apart. I feel it when people are telling us they tend to give its information, and each that are unnecessary and that's exactly how I felt the first time the pain mention that care was going home to watch a video thanks, and then the issue
the question rather of whether or not terror may have gone to a party or a party at the peak, an orchard is, potentially an alternative theory of how things happen. It's something that has any evidently support to. It is something that can be used by the defence in challenging the dish the chinese presentation if the district attorney's presentation in court, patient chief does not include that if there is any evidence to support that idea and it can be raised about the defence it certainly. Go to the issue of reasonable doubt and as too. Us before reasonable down in the minds of one you're, just one enough to hang a jury. We saw that recently in the bill cosmic case. It will just at least one juror who had reasonable doubt and it takes a unanimous jury verdict to reach a conviction. So if it please
the seed of reasonable doubt in the minds of just one sure could be a problem if it doesn't fit with the states case. Chief, maybe as more than I am from National Tennessee and loving the pot job. I found it really Just think of the last episode that Nelson Pack was really the terrain duke I just I do now how best relations could affect the cave is it a matter of a conflict of interests, then, the deputy sheriff during the time of the investigation- and you know, Heavily involved by doktor related to now a convicted person. In the case I was just waning. How about a point you back anything right that could affect anything thanks, so much also important to remember first off, is nobody's being convicted in everybody's presumed to be innocent unless until they are proven.
Guilty in court beyond reasonable doubt whether or not a deputy sheriff who may have been involved in the case has some family relationship to defend it does not necessarily create an automatic conflict of interest to the point that someone needs to not have any involvement in the case of the rules of professional ethics, for example, that govern attorneys, who have a car like of interest, is much and doesn't apply necessarily to law enforcement and is really no reason to think that if there is a family relationship that, that alone would be enough to call someone who is in law enforcement to not properly investigated case so nothing in and of itself wrong, with a family relative being in law enforcement when law enforcement agency is involved in the prosecution of a particular person. But once again, if there is any question that
arouses about whether or not that family relationship caused 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 defence to trial, is to raise reasonable doubt in the minds of any particular jury. If there's for a trial, in this case or in a trial. If there is one against BO But the bottom line answer is that a mere family relationship does not in and of itself create a conflict of interests so that a law enforcement officers could not participate in and investigations or even in the trial of a case
if something is relevant for cross examination. Fine, but there's nothing about the family relationship in love and self without something more that caused it to be improper eyes of Ghana from chocolate that China. I love your part cap it up it great. We even drug trade, the larger the, but a visual with everything and yeah. But my question is: is that if we do think the theory from the Jimmy I crack about Ryan Punching era in the temple and not killing. Her why not go again. Some of the signs of struggle, like the necklace, I'm just a little bit confused as to do that mean to say that she just woke up punched her and then took her out or what exactly can extend a little bit about that and what you guys think about signs of struggle or whether the signs of struggle are actually evidence of what went on that night. Thanks so much keep it up
it's important to keep in mind that box. are the gag water and other things the GDR and law enforcement have not really given us. of details to know whether or not they believed there was in fact a struggle and if the evidence suggest that there was a struggle but its case says that there wasn't a struggle or, if the statement made by a perpetrator, perpetrators says that there was not a struggle that crime, the conflict in the evidence and if it properly used the defence in case. The changing narrative. If you will, the conflict in the evidence is something that can be point by the defence during the trial of the case to show It did not happen the way that state says it happen and that can also go to the credibility of any witnesses. So if the physical evidence does Matt
the states case and chief that could become fertile ground for a skilled criminal defence lawyer, to show the 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 is reasonable doubt and that the jury should equip, but again since we don't know what the prosecutions evidence is. We don't know if they're going to present evidence of a struggle to a jury. We don't know, there's going to be a conflict in the evidence it's too listening guys. Today's episode was mixed mastered by resonate recordings. If you want to improve the quality of your podcast or sort of package of your own go to resonate recordings dot com get your first,
episode produce for free. This episode was recorded at Industrious Atlanta pot city. Market for two hundred and fifty dollars off your first months office, rent visit, industrious office, dot, com, slash, vanished and be sure to a tomb for K seven is next Monday June twenty six an twenty two on July. Third, thanks guys I'll see you soon.