For our last weekly episode until Ryan's trial, we sat down for a bonus interview with Ashleigh Merchant, plus asked Dr. Maurice Godwin and Philip Holloway to answer some of your questions.
Learn more about your ad choices. Visit podcastchoices.com/adchoices
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Everyone at Meredith Emma producer here, a tenderfoot tv pains out working on a new project, so I'll be hopping
facilitate today's q, and I, along with Marie Scotland and Philip Hallway, thinks per cent.
In so many great questions we answered as many as we could before we get into your question, so we have a surprise guest. Last week we had the opportunity to sit down with Ryan's defence attorney Ashley merchant.
Her perspective. We wanted to play some of that interview for you now before the trial begins in April, because this is an active case on the verge of going to court
There were a lot of things she couldn't comment on, but that's to be expected.
Talk about motions in respect of.
Trying to influence the up here.
You outside at work, where we found this measure, I finish integrated,
You got a lot of what we ve done, it,
try to level the blanket
I am actually merger and I am a shareholder them or to offer, and I represent Ryan Housing,
Any time you gonna take a case problem. Now you mean
to be morally invested in the case of vaccines. You need to believe in it because in out of some sort, they're going to work as the teller pay the bills, but so if you, if you're gonna working you're, not gonna, walk to pay the bills than you, ve gotta have some reasonably going to work, and so we definitely on felt strong about about that and about the case and the facts of the case.
We always anticipate the case is going to trial because we don't want to be caught. The phrase
As you know, we won't be caught with our hands down, and so we are preparing as it's going to be a forum April, firstly, of new reasonably wooden. I believe that jury selection will take probably three weeks
but in its case you would get probably forty acres sullen, and here we have six hundred. I believe so you know that's very different.
This case is very different in how high profile it is because people care a lot about all the facts of the case, and there are very much invested in the characteristics and when it was a novel that they sort of God. In this case,
their development stuff. Where a lot of times, they only knew things from the news, so it's definitely unique in that the public has a different interest. What I found
interesting is being able to see what the public wants to know about. When we try cases, we don't get to find out what the jury wants to know.
I can kind of glimpse in the public mind by looking at the discussions and things that are going on, seem well aware that the question do you know what is it that the people are really getting hung up on because
I'm jaded to some extent, because when I look at a case I look at it is what can the government prove? So I look at it, as you know, filling up a cup with evidence and have they filled the couple away, and I have to remind myself jurists, convex innocent people, all the time, but indefinitely adds a different layer of scrutiny. I promise
My husband and I know a lot of folks. I figured that out has been my firm. I leave council and other criminal defence because that's what I've always done in that's that's my wheel house he's the council on the civil rights, but there were certainly secondary tourist cases, which is one thing. It's funny you watching that dynamic. I think if the cases broadcast, which I assume will be people are gonna know all about are dynamic because it comes out for you know, you can't help it that we may interact a little bit differently in its because Rasa married.
I was surprised at my hearing. It was a little bit surprising for me. I've never had a monitoring that lasted that long term or
including that much information at all
So you know. Normally you hear about the person to record, and you hear that you know the charges are so serious that than there are
fleeing in inner. Just because we are facing a life sentence. The risk of fleeing is great and its deny me revised maintenance. I'm sorry look surprised at all that we got into so much information that would never be admissible and trial because
one thing I can't talk about is that the rules of evidence that volunteering are entirely different trial, so
hearsay is admissible at about here
Laboratory here is your season, the spot, where it would never come in front of a reconstruction arrival. I think we would have seen something similar had there been a powerful causing
Passengers are another opportunity where you can get the weeds
you know it was a unique opportunity and it was a surprising opportunity for us to get get a lot of information out. An information that we did not anticipate would be out paragraph
more recently, we listed that really need to get out, because that way he had a job waiting for him and said something where he could start helping a paper experts. We have paid for expert with pain for investigation, and I can tell you in my practice, if my clients, I have work, you know any idea how many witnesses the thing giving addresses and softening serve. I copied the documents, and so if he was out, we
The fact that we can have a member state- or we could have utilised him to get some other. The information we needed plus he could work, also
I want to mention some recent breaking news. We got reports last week that bow not Ryan.
Actually be heading to trial. First, two faces charge of lying to the GPA about tarragon sets case his first day in court is today Monday March, eighteenth in Wilcox County
this- was a surprise to all of us here up and vanished, and Ashley
so little bit of a surprise, but Bo Dukes is actually on the trial calendar and it sounds like his trial is going to be reached next week, which was that what that
is that he's actually gonna how trial next week down Wilcox County and he's got a couple charges there he's got. Making a false statement has got to council that he's got one kind of hindering the apprehension or punishment or criminal, and then he's got another count of concealing the death of another, and I was looking at that indictment. It looks like the charges he's got in that case are all related to things. He told agent shadow during the course of this investigation so case actually going to be on trial, bore Ryan witches surprising, not something that we expected. I'm,
this surprised that he is going to be going to trial at all. I figure he would resolve his case with a plea resolve as key somehow on some type of a deal to test
if I am to offer evidence against Ryan. I think his new charges that he got around new year's problem,
changed that somewhat, and I think some of the defence it's been coming out through public pleadings and threw open court room arguments unquestioning, has possibly affected as
while some of artifacts its command
I would assume, just as a criminal offence to read that they're, probably offering him the max. That would be my assumption, because you know if you're gonna go to trial a case most
the time when you go to trials for one of two reasons you go because you're innocent, or are you going
as the author is, what you would get if you lost a trial and then it's gambling,
why would you not role, and I so it is now, as we say I'm so I would imagine when I mean just like.
In general for colonel defence we're going to trial because one our client is innocent or too, because there is no risk in going to trial because their offering the same thing we would get if we lost a trial.
Estimating the his trial will be over within a week out. I'm shocked that they think they can get a jury that you can. You cannot ask questions and not find out about people and get yours. That may not be the right people for a case. Barbicane ask the right questions. You don't know that so jury selection can really fast work and go really slow. I have not seen a jury push Mariposa. I haven't heard anything about it. I haven't seen anything about it. I soon would know if that was happening.
Drink us here tonight,
see there, not the kind of place situation there, not something that we usually having cases so absent extraordinary circumstances. You would not have a questionnaire.
I would think in both case. You would probably why, because he is facing the same challenges that we are facing in getting a jury, but you know nobody asked for then the judge certainly does not give it
I'm going to have to be some strategy to it. You know because it just boom all of a sudden popped up on it. Trial calendar, you know, and then it's it's being
How is it rushed because that makes it sound like a purposeful, but it seems,
let's being hurried to be heard, pirate arise and I think it definitely effects the jury bull.
I think that its strategic, I mean I can give you what what I think is happening. I think that a strategic because- and I said this before on this plan- cast whoever talks first usually gets the deal and so the police
the public jurors, when they hear a version of the truth or version of a story. First
going to be working hard to disprove that because they tend to believe the first thing that you here
I want to see what happens. I want to see and hear the witnesses, because you know it.
It's one thing to read: a cool record, Rita Cold report meet a piece of paper. It's a different thing to see what happens and see how they actually do issues while others things it's like reading a transcript versus listening to upon cast about casein else. It's just totally different. When you hear and see it, then it is when you read it,
and we can obviously get a transcript of it, but a cold transcript his reading a piece of paper, and I want to see and hear the people
you know what they're going to testify about.
I would imagine, there's gonna be a lot of overlap. I would imagine because the cases are somehow related, you know.
The players are related to the topics are related, so I wanna people,
see what be talking in his charges? Refer
Ryan. So in others there is definitely some some reference. They are making down come up and see what we can expect in our case,
you know so many what ifs and how it could go in.
I hate this, but you never know until you're in court, and I talk to myself all the time you never know until the witness takes the stand. What they're going to say- and you know it's always- it's always sort of a a gamble as to what's going to come out or what people are going to say when they're actually on the stand and rose people tell you a lot of things out of court and then they get on the stand and they're sworn tell the truth and some different stuff comes out.
If I don't know how it's going to affect it, but that's one of the reasons I want to be there so that we can gauge that
This is, I arrive there. He
is a witness in this case in these being charged with lying, and I, if you look at his indictment, the first and the second count they're they're saying
well, it looks like they're gonna. Try improve is that he may are false statement too.
Agent shadow he made to statements and their arguing that the first statement was
false one and the second was true
and the reason is because he didn't talk about Ryan and he didn't talk about a friend named John Mccullough in the first interview, and then he talks about them in the second one. So they're going with the assumption that the second one must be the correct one, and so he must have been lying in the first one
John Collage or will come and testify. He was a guy, the Boa believers in the army with- and
Then he both talk to about about the case,
it's like their picking, which, in our view, they think bottle the true, then their picking a second one, and so they have to prove it
for she was a lie, is very confusing, very confusing, and so they have a really break it down a jury and that's why I'm looking forward to hearing how they break it down to the jury and saying exactly what
how'd they determine that BO was telling the truth. The second time, not the first
the prosecutors name is brand ribby here
The elected dossier for
we'll judicial circuit?
used to work in,
The test judicial circuit, which is his prosecuting Rhine,
so he was involved in the king. The tear Grinstead he's early on when he was an assistant in the Tipton office.
He has since been appointed,
to be the heavier in this other forget so he's
hey, prosecuting bow
he's also helping on Ryan's case
so the prosecutors and riots case are hoping on both
case, and vice versa. Even other offices indifferent jurisdictions.
The problem with with bow is he's got so many different things going alone that we cannot have two to ticket day by day, like what's gonna happen with his case next week. What's his defence gonna, be he could surprise everybody acts. We can come out with some governments that nobody expects on which
completely change our strategy. So it's one of those things that we kind of have to deal with day by day, because we don't have access to him and we can't figure out what his you know. What he's saying or what he's going to end up saying? We can't count on that. So we have to work around that as much as Ashley could tell us
there was one big part of rights case that she couldn't comment on
something that will most likely come into play in a big way during the trial.
Can't really talk about IRAN's confession? Unfortunately, you gotta be something that will be heavily litigated anchored.
the new year is upon us? Which resolutions do you plan to conquer and twenty twenty sticking to improve?
they pertain becoming more mindful and creating a healthier lifestyle through diet, exercise and, of course, improved sleep. The sleep,
were three sixty smart bed helps everyone get the proven quality sleep that will change their life, use the sleep. I q apt to help create your routine, September's individual
The technology is simply amazing, go check out honestly
restore and see for yourself, sleep number beds, Eliza
on each side, to set your ideal firmness, comfort and support the sleep number three sixty,
my bed senses your movements in automatically adjust, keep you sleeping comfortably throughout the whole night with sleep I Kyoto,
ology inside the bed. It tracks how you're sleeping and gives you personalized incised for your best sleet discover per
in quality sleep with asleep number three? Sixty smart bed save
One thousand dollars on a queen special edition. Smart bed, now just seventeen ninety nine during the January sale. Only
Leave them restore or sleep number dot com, slash cadence again go check,
Sleep number store her visit, sleep number dot, com, slash, cadence,
So now what answer some of your questions are past settled
to our legal expert, Philip Hallway, and to our favorite forensic consultant, Doktor, Marie Scotland,
I'm high pain, high Murray Sis is kinda some resident in Sylvester. I've been following the podcast in Listenin to confession, even if it is true to be false, they did say that you know they cremated the body over several days,
he's in it. If it does, it make sense to me how if they get truckloads of word, how no one had observed the smoke coming from it, because if you create a big bonfire, you imagine there would be a lot of smoke in four no attention to be true,
that it was just looking inside on that would be helpful. Thinks like the vocation Zactly were on. They brought the body, although he was near the beacon tortured, it was in the Zactly begone. Fortunately, it was behind a bigger role of palm trees and done. How appeared and lay down and appear in plants is hard to see smoke. Black smoke, both smoke or in a class movement is pitch. Dark outside is Kristen about. This is from the main road, so nobody would have seen any other, especially because the palm trees from the road to the area,
it's probably for five football field. Lohmann eighteen in the upper managed through this is vehicle. Infra must bondage Florida. My question is spur the Sahel is: does he
the opinion that a confession:
from Ryan is enough for a conviction today
need more information or more evidence other than that to get
conviction and you think the prosecutes
Japan is overstepping itself,
trying to get a murder conviction on such little evidence thanks very much and keep up the good work. I see great question for purposes of your question. Let's say that Ryan stay.
But amounted to a confession, and that there's no issues of that confession being possibly falls under Georgia law. Some one cannot be convicted on uncorroborated confession. That means that there must be at least some independent evidence to substantiate a confession
The reason for the corroboration requirement is that the law recognises that false confessions or real it does happen and, according to the innocents project, approximately twenty five percent of convicted criminals, who are ultimately exonerated had in fact confessed to the crime. So the law this favours uncorroborated confessions, but just how much corroboration
needed, while not much mere slight corroboration is enough in the context of this case, for example, a glove that puts Ryan at least in terror
yard through maybe dna near the relevant time. That would they enough corroboration, even though the glove is as the defence would say,
consistent with their theory as well, which is that Ryan was
Are there to help bo cover up her murder,
This is not from Charlotte. I just have a quick question, probably Philip, and that is the defence for ryan- do cried now. It seems that they are going about the manner that they can.
He said, he's going to be faulty or they're trying to get thrown out, or what have you? So my question is Phillips in your perspective in your eyes, what do you think the defense is saying? Are they saying that it's completely false or they saying that he was on drugs? Only part of it is going to count towards the thing I didn't try to get the whole thing thrown out. So I guess that's my question: what do you think the defense is taking for Ryan Duke right now, so thanks for everything you guys are doing,
loveless now keep listenin thicker good combat. The defence is essentially saying that the rules are reversed. Their saying that bow was the killer, and that Ryan was to help her after the fact in that, since they are saying that Ryan statement is basically partially fault, not completely false,
for example, they're not going to dispute the part of the statement. I would imagine where he says that you know I was involved. The defence has not completed
tip their hand, though, on exactly how they're going to try to prove the false confession. Theory: we suspect that there are going to point out that Ryan took opium medication. So that's just one
of it. They also may say that this statement doesn't match the physical evidence. I do think that will be something that they argue. The defence will have to bring that out at trial. They are going to have to educate the jury, though, because most people think that its counter intuitive for someone to confess to something that they did not do. As the late justice, William Brennan, said in nineteen eighty six hour, distrust fort reliance on professions is due in part to their decisive impact on trials. Juries place so much weight on concessions that the introduction of a confession means that the real trial for all practical purposes occurs when the confession is obtained. No other class of evidence is so profoundly prejudicial, so the defence has their work cut out for them to educate this jury on the issue of.
All confessions if they want their theory to succeed. This is why the defence has been trying so hard to get the funds to hire the necessary expert witnesses. I am an answer. You know a clam calling from like intend Kentucky Loveless show. I have a question
regarding bow: if
trial for Ryan showed the way
anything that could
and I go or make bold guilty
Could that be used in a trial later for battle could boldly charged with murder of a sickly based on things that come out from lions trial. That's my question and to keep up the good work, thinks hired Uniform Lexington and thanks for the call there's no statute of limitations on murder. So if another person were to be proven to be the real killer, that would not stop somewhere
from being charged double jeopardy, might, however, be a problem depending on how it plays out. But there is zero
it's in my view that the state is ever going to consider charging bow with murder their theory all along has been the bow, was merely a helper after the fact. The defence will, of course, provide
a beau is the real killer in riots trial. But I can't conceive of any way they could possibly prove such a thing with strong enough evidence to cause the state to reverse course and to change their theory of the case, the best the d
can hope for is to use circumstantial and other evidence to inject reasonable doubt into the minds of the jurors.
I am wondering what to make of the new evidence that heap takes with a dna master seamen and tariff bedroom that combined with them,
Only two dozen voicemail tulip terror. The same week ended. She disappeared, seems really bizarre to me if he had a romantic relationship prefer, wouldn't
have been beneficial to him to declare that and be to reform the beginning when he was being questioned, anyways routine, suspicious to me that he kept at all secret thing well for a long time felt like he was suspicious, but he had nothing to do with this case or her being disappeared, hastily ass, it had an affair, and that was out. There was still it even though he went there left his business card on the front door. If he was saying hurry, she will see that was otherwise too. It has been clear, totally clear and there should be the end of dad. I pay more powerful from Ohio each category. I can't think you're doing a great
My question was in the bar and hearing on the defence field, gave their dead heat dykes scheme and was found on carers sheath. They were also suggesting that it was mixed with lies. Are they trying to put up barriers to pretend
we breaks or do you have any other information as to where are they?
maybe they re not with that evidence thanks so much figure thanks Alison. We do
Learn that this dna was found in the betting we dont know all there
to know about it, but I learned from a source of law
time ago that this may be the case. If terrorists blood was also in that bedding, and it appears that it was that could be significant, at least from an.
That's two gave perspective at a bare minimum. It would be something that investigators should have followed up on. They should have moved now
in my opinion, to try to explain how it got there Y got there when it got there. Just under what circumstances did it come to exist there, and what does it mean? I'm not sure the defence will be able to answer all those questions, because it depends on what the gb I did or perhaps did not do when investigating that issue. It is the investigators jobbed answer those questions and if it comes out at trial that they did not do so, they did not ask for those questions or two at least try to answer those questions. Then
that could amount to reasonable doubt as to the guilt of the accused. In other words, it could just be another doubt in the mind of a journey to which a reason could be attached. I dont think we know yet enough about this, but I'm going to be watching and I know
you will too
it's that time of year again
time to set new goals and resolutions.
Their easy to make, but their harder to stick to an audible.
We believe 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 are goal is this year, you'll find the perfect audio book audits.
To motivate and inspire you weathers, getting physically fit financially fit or be.
Better, parent leader or person it's all on, audible and help
wait, you audible, is issuing a challenge to current and new members finnish three hours.
Books by March Third and get a twenty dollar Amazon credit. It's that simple and there's nothing to enter audible, keep track of your progress for you. Honourable members, can choose three titles. Every month, one audio book into exclusive, audible, originals
You can't hear anywhere else, audible members also get access to exclusive guided fitness programmes. Tells you start the new year off right
Listen on any device anytime anywhere at home at the jam on your computer or just
ago, you'll also enjoy easy exchanges for any audio book. You don't love and an audit,
look library, you keep forever. Even if you cancel I've been listening,
you are a bad ass by Jensen, Shiro
which is an awesome audio book. The keystone, motivated and positive about the new year start listening with
thirty day. Audible trial choose one audio book in
you, audible, originals, absolutely free visit, audible, dot, com, slash up or text. You p, two five hundred five hundred again, that's audible, dot, com, slash you p or two
up to five hundred five hundred
hi. This is your from North Georgia and I just found the park has two weeks ago in big listening to it my question,
now that all this has been put out there in the bond hearing when
would normally not make it into a trial harry because,
is now on record. Can it be used
in the trial itself as evidence thanks I'm enjoying it, keep it up. Thanks for the question
that bond hearing with something else in all sorts of things came out that most likely will not. They admissible at trial. Keep in mind the rules of evidence that a trial are more restrictive, so
All of that here say the rumour that innuendo and the speculation, none of that should come up and trial unless something happens, that makes it relevant and, as we say, opens the door for it all come in, but lots of things from the bond hearing will come up in the chair,
lots of things that were discussed at the bond hearing, ironically, we're not relevant for the bond hearing, but are relevant to the issues at trial. The big advantage, the defence Gatt from that wide
ranging testimony from the bond hearing is that they have locked that witness agent should ill down to a specific version of his testimony under oath and if his true
testimony strays at all from his prior testimony under oath. The defence. Can just without the transcript of that testimony and
figuratively, beat the hell out of him more cross examination with it. We call that impeaching a witness with a prior inconsistent statement and when the prior inconsistent statement was made under oath, it can make quite a splash. That's why I said that it was unwise for the state to call agent should deal as a witness at that bond hearing. They just handed the defence a potentially devastating
weapon to use at trial guys with them from some laddie. Ohio love just keep up the good work. My question is
so, Ryan is saying that he did not do this and that back and passions balls I was curious. Had he suddenly thing about what did happen like what? What is his theory is clearly. He knows
Something in clearly he was involved in some kind of way. You know maybe not as the actual killer, but I'm curious. If you know what is what his story is of what actually did happen if enough it didn't cause, I beat it be hard for me.
Believe that he didn't do anything or didn't know anything about what actually happens so that migration, thanks guys them again keep up the good work
Well sound. The short answer is we just don't know yet Ryan's lawyers have publicly conceded that
He was involved, but only that he was involved in the cover up now, that's bad enough and it could send into prison for a very long time through his reason,
written notice of Alabama? We know that he also claims that he was at home asleep in the nearby town of Fitzgerald, along with his brother Stephen during the relevant time period, that being sad,
October, twenty second into the early morning, hours of October, twenty third, two thousand and five other than that we'll have to
to see what additional evidence, if any, the defence puts up at trial, they're playing these cards very close to the vast, as would be expected,
Why? Then I'm calling from land on one of my questions? Why is right?
inside and his compassion that it was easy. He just popped the lock on tariff house, but if I'm remembering correctly, there were no signs. The fourth century, wouldn't a popular block, be considered fourth century, but that is just a question of the park as what you guys think, Sir, to doing everything smile, I understand the supposedly used some form of plastic card. Like a credit card regular years there will be concerned force an injury, Baronne Gaza Shorty Everyday way according to him. Now, with his new alibi, he was asleep on the couch and was even its terrors House called war. I say a now soon, even using the court or anything in accordance with new alibi, but to answer your question view
credit card to go into the house that would be included as forced entry. Thank you for question. Hey guys, it's the same from Cincinnati Ohio. My question is: if the trial actually does start next month, like you mentioned, is BO.
Going to be a part of that trial at all. As you know, a witness it is eight years as it can be
any part of that. I know I know he's in some other trouble right now to, but I'm I'm curious, if he's supposed to be a part of that at all, that the expectation for four lines trial as he's gonna, be a part of them anyway. So curious about that love, the podcast keep up the good work. Thank you guys for for everything that you're doing fur for terrorists.
We infer a seller, thicker good question SAM there's, no doubt at all that both will be a huge part of Ryan's trial. The real question is whether or not a jury will hear from him lad and in person as a witness, the gps,
conceded that other than the statements made by these two. There is no evidence to show that Ryan is in fact the killer, and there are problems with the statements made by each. The defence, of course, is going to claim that Ryan's statement qualifies as a false confession. Both statements are inadmissible as hearsay. Now it's true that both statements to the GB, I did cause the investigation to focus on Ryan, but in order to get that version of the events into this trial, bow would have to be alive in person in court
to get that out before the jury and, let's not forget bow, has major credibility. Problems he's a convicted thief and, according to prosecutors, he's a liar of colonial magnitude, not to mention that both version of the events doesn't exactly match rise. So,
how are the day. I would do my best to try this case without calling both as a state witness and if I had to guess, that's exactly how it's going to go down now. That being said, I do think we will see boat in court because I think he's going to be a defense. Witness that's right. This is the other dude. Did it defense and think about it? What better way to percent that defense to a jury then to parade both possibly shackled in handcuffs as a prisoner out in front of the jury, they're going to try to point out inconsistent,
in his prior versions of what happened? They're going to show the jury if they can, that BO leaked the summary of Ryan statements to the media and online? And of course we can't forget about both rape and kidnapping
artist that are now pending from January. First of two thousand nineteen, the defence, I'm sure, would love to get into all that in front of the jury. To show that BO is just the sort of guy who's violent enough to women and therefore capable of
thing, including murder. Now all that's easier said than done, and there are some hurdles for the defence to overcome. For example, both may take the fifth. If he's called as a witness and the d a might try to get the judge to exclude evidence of the rape charges on the grounds that their irrelevant.
So I do think Bow may make an appearance and Ryan's trial, but it remains to be seen just how it unfold before a jury. I augur salary. I call it wherever I said it was the most recent episodes just curious. If all that was gone
It is a little grill. Is there anyway to do, though,
you and the defense. I can they go back
to my mind and change, the body that use requested on earth could ever do feel. At this point. However, I am sure that this is about to get a whole crazier thing.
Hello, Valerie, I think you're right. This mess may well be on the cost of getting a whole lot crazier. I think it's a mistake for venue not to be changed. I've said that all along in the event of
conviction that issue alone may be reversible error on appeal. It's really expensive to change venue, especially in a case like this,
but as expensive as it may be. Now it's going to look like a bargain price tag compared to the cost of doing the trial
all over again if its reversed on appeal as much as the day or the judge may work.
This trial to be over with certain that nobody wants to have to try at twice the same holds true for the issue of funding on appeal.
Oh, it's just one more thing that could lead to a reversal.
The rulings on these issues are not, however, carbon stone. Then you, for example, could still be changed if, after making a go of it with Erwin County residents, it appears that they just can't find a fair and impartial jury there. In that of it, the judge would have no choice but to declare a mistrial and start over somewhere else.
Denial of funds may not be final either, and I'm watching out for any eleventh hour. Attempts to address that issue on appeal,
hey mother, mistaken and I live in said afterward bomb when the pace and keep out with bows black list of this kind
just the all your question, but with all the cases pending again are all the charges pending against by is. They are some that would chop the others like which, when, if, if he were convicted of everything that has been alleged to dine where would he actually due time an end which charges like I said where would take precedence over
all the rest, how'd. You get to answer my question and I look forward to the answer thanks. I could talk a long long time about both do in his.
Alleged one man, Malta Jurisdictional Crime- spree. As you know, he s federal charges. He has been Hill County felony charges, he has Wilcox County felony charges. The federal case is the least of his problems, because he really doesn't have that much time left on his sentence,
the way and they can only revoke whatever probation he has left. Then healthcare
in Wilcox County both have to do with covering up tears, death in one way or another, and he faces serious prison term in each of those cases potentially for sure. But by far his biggest legal problem is the allegation of rape and kidnapping from January. First, two thousand nineteen on those charges. Haste facing a life sentence plus a lot more where he would do such a prison sentence if convicted of any of these charges would be up to the Georgia D.
Of corrections, but it's fair to say that it would be a maximum security prison. I have been very keen that I think from Africa and MIKE
I soon maybe for Holloway.
In regard to the questionnaire, it seem like very
no way that anybody will be able to be selected for the jury poor. Because of these questions, faced by the knowledge that the public even
I still have a state of Georgia that everybody has. What is it
likely had assembled lying, just get to be
you're in the trial, like that comment
Would that be considered something serious
If you like, if you lie under oath anyway
question. I would like to point a good enough.
You guys you're doing and keep up the good work. I agree. Stacy, the questionnaires do suggest that it may be impossible to get a jury from Erwin County. After all, when you have to ask the potential jurors themselves, if a fair jury can be so
did in Erwin County that should be assigned that you really need to just go ahead and move it. It just makes no sense in my mind to not just move it now. Your question is about, though, still jurors, people who want to get onto a jury. My wife- and I both
jury duty coming up soon in the same week, and we really don't like it. We have other things we want to be doing, but sometimes people do like jury duty and sometimes people actually want to get on trials, and we call these people still jurors stealth, jurors, r, P,
who have some type of an agenda, and we usually see this. In fact, I think we almost always see it in high profile cases. People will.
Actually lie under oath, so that they can pursue some hidden agenda, whether it be to simply influence the outcome of a trial or maybe to write a book,
or otherwise seek some type of fame or notoriety. It is a very real concern and it said to have happened in some very high profile cases, including the Scott Peterson,
The trial out, in LOS Angeles and even the Martha Stewart trial best selling author
John Gresham wrote a book about it called the runaway jury. So this is a very real problem and one
All the lawyers mortar for both sides and the judge need to be aware of and to look out for high up in Venice team, this Acerra from South Carolina. I had a quick question for you guys, as well as various about the role of social media in legal proceedings now a days. I feel.
Especially personally a variety of podcast. A lot of the cases that are covered are a little bit more day.
And for social media event as big of a private. However, in the lack of a third when they went through the paperwork that the jury.
Had to write about. There was a lot of inquiries about social media. Is it possible that someone could go into
detail about how I got my influence a case and jurisdiction and edges the big changes as social media has brought into legal proceedings thing
You really do in such an offer job, and I look forward to hearing rapid by social media such as the Guerriere, more Facebook or twitter plays a huge role in brows and the selection of jurists just written it. Not not just Posten read me, because people proposed the information. Air potential jury could be influenced by what they read, but why the rain could be complete without it could be thirty. Four, the first hand information reaches Romeo, and they could play that. It could be true and need not be true at all in influencing the way they think about a case, so is best it d, be ordered by the judge to refrain for rain or looking at any social media during the time of their own his trial or talking anybody about was
stood so yes, it is very important that of potato jewelry refrain from participating were written in Canada familiar Sir. You make a great point in its one that I make all the time. So many people rely
solely on social media now for information that there's no way that it could not impact criminal trials. This stuff spread like wildfire on social media, particularly
this case, social media has certainly changed how lawyers pick juries and how they track cases altogether. There's no way to pick a jury in almost any case these days, without asking at least something about social media influence. One thing that happens, though, that many people don't think about it.
The use of social media by the jurors themselves. Lawyers will try to learn as much as they can about the potential journey through the warder or jury selection process, but sometimes this type of questioning isn't enough. There's a lot of information about
these jurors out there in the social media world and the lawyers will look into it. They're going to look at their twitter feeds are going to look at their facebook accounts where they can win. Someone has tweeted about something for posted about it. On Facebook. This can sometimes give lawyers an insight into their personality, and it also can expose biases and in any particular case it can show
possibly they ve prejudged the case. Anyone who may be honest, jury had better believe that their social media history will be under a microscope
thanks so much for joining us on the trail series. This is our last week we,
For now, but with bows
currently under way in Ryan's just around the corner, we'll be back soon. Keep an eye out, and thanks for listening
I've been vanished. Is an investigative podcast produce for tenderfoot tv by pain. Lindsey
MIKE Rainy, Christina Data and me merited seven with new episodes every Monday. Exactly
producers, payments and Donald Outbreak. Additional production by resonate recordings, as well as Mason lensing Voice over by Robert are in turn, is how
the dull original score. If they make up and vanity said Dorothy
song is Ophelia performed by as arouse our cover.
Is by Trevor Island special thanks to the team. I cadence thirteen
visit us on social media, be out of invention or you can visit
website I've been banished outcome. We can join in under discussion boy
If you're in drawing up and vanished, please help.
Family, member or covered about it and don't forget to subscribe rate after package, thinks reasoning.
Transcript generated on 2020-01-12.