Holly Bobo found deceased, discussion thread *Arrests* #6

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Actually, that's the legal system everywhere in this country, at least afaik. Cases are prioritized, and pleas are offered, to try to get through the mountain of work. In many instances, that may mean the sentences imposed are lighter, but it also means time is freed up to work on something else, and is based on the concept that something is better than nothing. If all charges in all cases were forced to go to a full trial, tons of them would simply be dismissed for lack of manpower to investigate and prosecute.

I understand that. I was commenting based on previous comments alluding to that this particular town tends to use plea deals all the time and hardly ever goes to trial with any of them. Even serious charges like the main suspect has had many of and yet was out free to roam the streets because most if not all of his previous charges were plea bargained down.

I would like the get the statistics of how many cases ever went to jury trial VS plea deals and then compare it to various other states to see if there really is something wrong there in that town.

I dont live there so I really dont know. The previous comments tended to make me think they plea everything down to avoid jury trials altogether. That was how I took it anyway.

If they do do that, then it indicates a problem. Either a lack of good prosecuting attorneys or something like that.
 
Sorry for taking so long to get back to you! Haven't been on in a few days. What happened was, they arrested these guys, on the basis of witness statements and no physical evidence. Whether they have physical evidence at this point has yet to be seen, but someone else pointed out earlier in the thread that they put too much emphasis on the witness statements, which is what I was trying to say. I think they just got sucked in to believing that all the witness statements were good evidence and arrested the guys on that basis, then the physical evidence is either non-existent or doesn't match the witness statements so far. That's why they're stalling, that's why they're refusing to provide a bill of particulars. I'll go into the case below about what I believe happened in this case. But it's long, so you don't have to read it if you don't want. :)


The case:

From what I've been told, the initial tip that led them to Zach Adams was an inmate looking for a deal. Anyone who is getting something out of it is not a reliable witness. He may have just been passing along a rumor he heard. Now, when it comes to Zach Adams, I have no major opinions on the guy. He sounds like a dangerous individual with a lot of issues. He was wearing camo on the day she was kidnapped (as was her kidnapper) and he made some bizarre statement about looking for someone on his myspace. Which again, a little suspicious. But as to whether he's involved in this particular crime, I have no idea. There are lots of dangerous weirdos in the world who wear camo. But you have to be careful with witness statements, particularly the type they were relying on, and you have to be careful assuming that someone is guilty because they have a history of violence or are weird. After all, Charles Manson isn't guilty of every murder in California. There are other murderers in the world.

So they begin their investigation by interrogating his brother Dylan. Now, Dylan himself was facing some unrelated charges at the time and he is also, to some degree, mentally handicapped. He is apparently alleging misconduct on the part of the investigators now. Interrogating him for an extended amount of time without food or water and finally he cracked. The US has a long history of false confessions under these same conditions. They may have threatened him then offered him immunity, we don't really know much about that encounter. But at some point, many months later, they changed their minds about the whole thing and charged him. That makes me think that either what he told them didn't pan out or he stopped cooperating. The time frame really sells it. If they wanted to charge him they could've done it months earlier.

Then they arrest Shayne Austin for the murder, interrogate him, and offer him immunity, which he accepts. He tells them some various things, which all turn out to be lies. And they rescind the immunity offer. But still haven't charged him. Now, if you have total immunity, why on earth wouldn't you just tell police what you need to to keep it? I think he genuinely didn't know anything.

So then Sandra King comes out of the woodwork and says she has seen a video tape of Holly tied up getting ready to be assaulted. She says she saw it on Jeff Pearcy's phone, or rather, it was his brother's phone, but somehow Jeff had it. She calls him and says something along the lines of "That video of Holly, I would've watched it if it had been you", to which he responds "I know". He says he didn't hear her and his ex-wife's name is Holly and he's not involved. So they arrest Jeff and his brother Mark Pearcy.

So on the basis of all this, it sounds pretty solid. We have whoever gave the initial tip (we don't know who or what the details are), we have Dylan Adams, we have Shayne Austin, we have Sandra King and the "I know" of Jeff Pearcy. The guys were arrested on this basis.

Then they found the body and they had a whole new set of evidence that they have to compare to what they already thought they knew about the case. It's not always easy for law enforcement to see that what you're getting might not be great evidence and I suspect that's what happened. These interrogation methods that they're being accused of using result in a lot of false confessions and false statements. Particularly when you're offering immunity or leniency. And when you have someone like Sandra King, whose son is in prison and could benefit from this testimony, you have to be careful.

I honestly have no idea if some of these guys are guilty, but I don't believe that all of them are guilty. If there is some truth mixed in with what they've been told so far (which there may be), there are also lies mixed in.

Here are my red flags for the case:

1. The witness statements they're relying on don't appear to have panned out. They have yet to find the video. (I feel pretty confident in saying this because they have yet to re-arrest Mark Pearcy). Austin gave up his deal for immunity because he either couldn't or wouldn't tell them where the body was or any useful details. The most logical explanation is that he simply didn't know. And now they're charging Dylan Adams. That's not normally how you treat your key witness. And he's saying they basically forced him to talk. Not very convincing.

2. They played this weird game of adding and dropping charges that seemed to revolve around the hearings and doing other things seemingly to avoid disclosing any evidence either to the defense or the public.

3. They seemed to be simultaneously using the media to try the case and playing a game of keepaway with them. Typically the media leaks everything that sounds damning to sway the public. In this case, they're leaking all the witness statements, but keeping all the forensics private. If they kept the witness statements private, I'd have a little more faith when they claimed "ongoing investigation"

4. There are just too many people involved now. It's extremely difficult to have a criminal conspiracy with any large number of people. Maybe two or three. But they've arrested 6 and then promised to arrest "many more". There is no way in hell that 10-15 guys conspired to kidnap and murder this girl and then kept it quiet for three years. It just didn't happen. Maybe Zach did it by himself or with one other guy, but all these people? Not likely.

5. His flip out at the TBI. If they had evidence, he wouldn't be panicking. Someone mentioned that they thought it might be intentional to keep everyone distracted...I don't buy it. It looks terrible for him. No one will want to hire him after that. I don't think it's anything other than, there is either no physical evidence or the physical evidence contradicts what the witnesses are saying.

6. Why do they keep stalling? Why won't they give the defense any evidence. That is not normal. They're hiding something from them.

Excellent synopsis. Thank you.

This is a great post to anyone in the future who asks where things stand and what has happened lately.
 
Regarding your last sentence, it sure sounds like it to me after reading this article. A mess indeed and so discouraging. http://www.foxnews.com/us/2015/01/2...s-it-has-finished-evidence-analysis-in-holly/

You can say that again. Wow. What a mess. And you cant blame the defense attorneys at being pizzed off about it.

I'm actually surprised the judge has not thrown out the case just based on the way he was talking in court and telling the attorneys he is not going to stand for games and such. It makes you wonder if someone has spoken to the judge to get him to lighten up on the prosecuters. I do think if the defense does not get ALL the evidence by the end of this summer, you may start to see more pressure from outside sources to either turn over the evidence or drop the charges.

I think this question has been asked before but dont remember the answer.

If the state is realizing they dont have enough to prosecute right now, cant they just drop the charges to give themselves time to rebuild their case and arrest them again in the future?

Or would that open themselves up to lawsuits from the defendents for being locked up so long already?

It just seems so strange to me to have them locked up so long and discovery of evidence has not been turned over yet. If I am not mistaken, I dont think 1 shred of evidence has been turned over to the defendents laywers. I may be wrong though. Not totally sure.
 
I doubt the prosecution can put it off for much longer without cooperation from the defense. The defense will probably file a motion for dismissal and then the prosecutors will have to put up or shut up.

There is no reason for them not to turn over discovery, unless they don't have it themselves, and if that is true then the case won't go very far.
 
You can say that again. Wow. What a mess. And you cant blame the defense attorneys at being pizzed off about it.

I'm actually surprised the judge has not thrown out the case just based on the way he was talking in court and telling the attorneys he is not going to stand for games and such. It makes you wonder if someone has spoken to the judge to get him to lighten up on the prosecuters. I do think if the defense does not get ALL the evidence by the end of this summer, you may start to see more pressure from outside sources to either turn over the evidence or drop the charges.

I think this question has been asked before but dont remember the answer.

If the state is realizing they dont have enough to prosecute right now, cant they just drop the charges to give themselves time to rebuild their case and arrest them again in the future?

Or would that open themselves up to lawsuits from the defendents for being locked up so long already?

It just seems so strange to me to have them locked up so long and discovery of evidence has not been turned over yet. If I am not mistaken, I dont think 1 shred of evidence has been turned over to the defendents laywers. I may be wrong though. Not totally sure.

If the prosecutors withdrew the charges before a jury is empaneled, they can later refile. But, if the case is dismissed due to insufficient evidence by the judge in response to a motion by the defense, it is usually considered a final judgment, and double jeopardy would prevent charges being refilled later.

So, if they don't have the evidence now they had better withdraw the charges while they still can. If they take it down to the wire and the judge rules that there is insufficient evidence then it is all over.
 
It just doesn't seem to fit with how she was abducted. Who abducts a woman for sexual purposes, but argues with her first? What is there to argue about?

Secondly, if it went down how the prosecution is saying it did, there are a number of people involved. A big group of men kidnapping a woman for sexual purposes is strange. Typically, a rape scenario is just one guy. Now, if you ask me, there isn't proof as of yet that more than one person was involved, so this reason is less important. But the kneeling down argument points away from it.

At this point, we don't know that it wasn't for sexual purposes. We can all speculate as to why it could have been. The back story could be the reason. In other words, as revenge, threat towards someone close to her. "If you don't do this, we will rape and murder your sister" scenario. I believe Zach Adams acted alone with the help of one or 2 others in the getaway. I don't believe a "group" of men were involved.

As to the the arguing and kneeling, this was Clint's account of what he observed. Kneeling (threatening her with a weapon) Arguing (Holly begging for her life).

JMO
 
The defense will probably file a motion for dismissal and then the prosecutors will have to put up or shut up.

We are past that point, which is part of the reason I've been so vocally critical of Stowe. Motion filed in December, while Stowe was fiddle-farting around trying to cover his azz, and afaik is the very next thing to be considered on the case docket.
 
I doubt the prosecution can put it off for much longer without cooperation from the defense. The defense will probably file a motion for dismissal and then the prosecutors will have to put up or shut up.

There is no reason for them not to turn over discovery, unless they don't have it themselves, and if that is true then the case won't go very far.

I know at least one of the defense attorneys has filed a motion for dismissal. The official story is that they're waiting for the new prosecutor to come up to speed on the case. I can't imagine she'd need that long considering she was already working on the case and wasn't off of it for that long, but that's what is happening. Autry wrote a letter to the court clerk asking them to release the files to him.
 
Bali said:
It just doesn't seem to fit with how she was abducted. Who abducts a woman for sexual purposes, but argues with her first? What is there to argue about?

Secondly, if it went down how the prosecution is saying it did, there are a number of people involved. A big group of men kidnapping a woman for sexual purposes is strange. Typically, a rape scenario is just one guy. Now, if you ask me, there isn't proof as of yet that more than one person was involved, so this reason is less important. But the kneeling down argument points away from it.

With all due respect, I don't think this ^ is the answer at this point.

While these are good things to consider on the investigative front, we have moved past the "investigation" stage and into the trial phase. And imo those arguments will not be legit ones when it comes to the court room.

The difference is, when investigating you want to look for the most common possibility first, of course. But in the court room, when it comes to THIS specific crime, it doesn't have to be done in the most common way. There, it comes down to where the evidence takes you ...and a scenario made possible by the evidence can only be eliminated in fact by being impossible, not by being less common.

Where we are at this point is evaluating the legitimacy of the guilt of these defendants, in relation to what the evidence tells us. Unfortunately, because we haven't heard of any evidence, we have no clue what can or cannot be supported.
 
Autry wrote a letter to the court clerk asking them to release the files to him.

It wasn't really a request for files in general.

What Autry formally requested was the "bill of particulars" - ie, why the hell am I locked up and charged with a crime. It was something that Stowe promised to provide the court and defendants in mid-December (when he was called out for failure to disclose), and he never followed through.

Autry's letter was clearly intended to bolster the motion for dismissal by putting more wood on the fire.

In essence, it was a nagging reminder to the court that "I was promised this, legally, I am supposed to be provided it, and LE is breaking the law in failure to perform."

Unfortunately, that failure to perform, on the bill of particulars, is going to be a big issue imo and provide grounds for an appeal if the case isn't dismissed. Lack of due process is a biggie in the upper courts, and that's what this is. Which is a major reason I am so critical of Stowe, because this may have truly jeopardized the chance for there to be a trial at all.

This will likely play out according to the law, but if the case gets blown up by Stowe's failure to perform, that's not justice for Holly at all.
 
aw jeez. I did not see this coming. Perhaps I should have. Wasn't SA the one who had a brief (then retracted) immunity deal for turning states evidence against brother Jason?

Very sad if it turns out TBI is full of chit and has and never did have any case against this guy.
 
OMG ... just saw the news about Shayne !

From WSMV:

Shayne Austin, who has not been indicted and was originally offered immunity for his testimony in the case, apparently committed suicide out-of-state, according Luke Evans, Austin's attorney.

Read more: http://www.wsmv.com/story/28180498/suspect-key-witness-in-holly-bobo-murder-found-dead#ixzz3Sc9O47I5


Now, not defending Shayne -- just asking some questions but:

Was Shayne "suicidal" ?

Could it have been "drugs" ?

And not meaning to sound like a "conspiracy theorist" but could it have been "foul play" ?

This case has been "strange" from the get-go ... and ya just never know.

:moo:
 
WTH was he doing "out of state" in the first place? With everything pending would he not at least be under the watch of LE? I believe he is not the first witness against crime to be intimidated or killed over crimes in that area.

JMO's
 
Just when I think this case can't get any more scrambled and weird, it does. A million conflicting ideas on the case, that arise from this event ...
1 starting with the certainty (or not) of whether it was self-inflicted
2 whether it was due to feelings of persecution/despair, or of guilt
3 whether it was caused by LE doing him wrong and ruining his life, or not
4 whether it hurts the trial vs the others, or not

More confusing than ever, that part I am sure of.
 
Just when I think this case can't get any more scrambled and weird, it does. A million conflicting ideas on the case, that arise from this event ...
1 starting with the certainty (or not) of whether it was self-inflicted
2 whether it was due to feelings of persecution/despair, or of guilt
3 whether it was caused by LE doing him wrong and ruining his life, or not
4 whether it hurts the trial vs the others, or not

More confusing than ever, that part I am sure of.

:seeya:

Just had a thought after reading your post:

I wonder IF he left a "note" ?

And IF he did NOT ... all I can say is hmmm ...

:gaah: This case makes my head spin !
 
Makes you wonder if the DA decided to put some pressure on Shayne to change his story before she was due back in court to go over the evidence and her threats pushed him over the edge. So sad.
 
I was afraid to read that it was Zach Adams who commited suicide and not Shayne Austin.
 
:seeya:

Just had a thought after reading your post:

I wonder IF he left a "note" ?

And IF he did NOT ... all I can say is hmmm ...

:gaah: This case makes my head spin !

I find it interesting that his attorney is making this announcement and not LE. Did he have his attorney's name and card with him? Why was he notified from an out of state location? His level of involvement of Holly's demise will probably now never be known, but he had at least knowledge and possible cover up. Not to mention keeping it secret for almost three years. For all that he will have to face a Judgment that will not only be outside TN judicial but no politics to blur the lines.

I do hope that the others do not use this as the opportunity to blame it all on him as he cannot defend himself and could be the "fall guy".

JMO's
 
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