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

[Bali]

Maybe one day the loopholes in justice will be tightened to shut them up (legally)

As opposed to prosecutors who use the media to taint the jury pool? Why should prosecutors have carte blanche to talk to the media, but the defense can't complain that the prosecution won't give them the evidence?

 

[murphy3k]

Fletcher Long hasn't anything that I'd want to hear and certainly wouldn't take to the bank on. It would be like listening again to Jose Baez, Nurmi, J. Willy or all the other defense lawyers of that type. Especially, Fletcher, his partners, along with their own legal troubles. Not much of an upstanding person in my book. jmo

I veiw them & him as part of the problem in society & the justice system. Maybe one day the loopholes in justice will be tightened to shut them up (legally). JMO again & no offense to anyone posting about Fletcher.

Some of these lawyers are nothing more than ambulance chasers. If they didn't step up, their clients would have a public defender. Instead, indigent & they get their lawyer of choice who "volunteered" pro bono, paid by the state...gar

I am not a fan of Fletcher Long. I've met him and worked on cases where he was opposing counsel (many years ago). That being said, any defense attorney worth his salt would be upset about many of the issues in this case. There are numerous discovery issues, speedy trial issues, all of which can easily turn into 6th Amendment violations. Uncorrected, they could have serious repurcussions down the road.

I understand people get frustrated with defense attorneys. However, the state has constitutionally mandated responsibilities, as well, and it appears they are not meeting some of those requirements. When that happens, I think defense attorneys are well within their limits to complain. If these men are guilty I don't want to see them out of jail either. However, I do want them to have a fair shake so that if they are convicted, they stay in jail and aren't released on a legal technicality due to errors made by the DA's office or TBI officials.

All MOO.

 

[~n/t~]

Fletcher Long hasn't anything that I'd want to hear and certainly wouldn't take to the bank on. It would be like listening again to Jose Baez, Nurmi, J. Willy or all the other defense lawyers of that type. Especially, Fletcher, his partners, along with their own legal troubles. Not much of an upstanding person in my book. jmo

I veiw them & him as part of the problem in society & the justice system. Maybe one day the loopholes in justice will be tightened to shut them up (legally). JMO again & no offense to anyone posting about Fletcher.

Some of these lawyers are nothing more than ambulance chasers. If they didn't step up, their clients would have a public defender. Instead, indigent & they get their lawyer of choice who "volunteered" pro bono, paid by the state...gar

So far, from what I read, he's right. Where is the evidence? Why are they stalling? When is the court date?

 

[Chainsaw385]

Fletcher Long hasn't anything that I'd want to hear and certainly wouldn't take to the bank on. It would be like listening again to Jose Baez, Nurmi, J. Willy or all the other defense lawyers of that type. Especially, Fletcher, his partners, along with their own legal troubles. Not much of an upstanding person in my book. jmo

I veiw them & him as part of the problem in society & the justice system. Maybe one day the loopholes in justice will be tightened to shut them up (legally). JMO again & no offense to anyone posting about Fletcher.

Some of these lawyers are nothing more than ambulance chasers. If they didn't step up, their clients would have a public defender. Instead, indigent & they get their lawyer of choice who "volunteered" pro bono, paid by the state...gar

Good Post

Any decent defender is going to scream from the mountain tops their client is innocent and they don't have any evidence......on the other hand the prosecutor is going to claim the exact opposite.

It is a jury's job to figure out which one is right.

 

[SteveS]

Good Post

Any decent defender is going to scream from the mountain tops their client is innocent and they don't have any evidence......on the other hand the prosecutor is going to claim the exact opposite.

It is a jury's job to figure out which one is right.

To be fair, in this case, the judge has repeatedly agreed with the defense that there's no evidence.

At a certain point (which we have passed in this case), not disclosed = legally doesn't exist.

 

[Mercurydime]

How has the judge agreed Steve? Do you mean that he's in disagreement with the states tactics by stating that he is not happy with all the delays they are causing by not following his scheduling order?

Just curious.

 

[SteveS]

How has the judge agreed Steve? Do you mean that he's in disagreement with the states tactics by stating that he is not happy with all the delays they are causing by not following his scheduling order?

Just curious.

It's not a situation of not following an arbitrary "scheduling order" but rather the ongoing "failure to disclose" that is the issue.

That the prosecution has not complied with that duty to disclose, has been made clear by his actions in December (which were the most recent court dates for this case), and accompanying statements. The demand for a "bill of particulars" was very much to that point (and was not met by the prosecution).

These are issues that, as others have also noted, offer huge fuel for an appeal, if this case ever gets to trial and there's a conviction.

We're in a holding pattern due to change in prosecutor (which was imo an attempted end run to avoid the consequences of failure to disclose that was looming), but addressing that issue is almost certainly the first thing we'll see when they next convene.

 

[Bali]

I am not a fan of Fletcher Long. I've met him and worked on cases where he was opposing counsel (many years ago). That being said, any defense attorney worth his salt would be upset about many of the issues in this case. There are numerous discovery issues, speedy trial issues, all of which can easily turn into 6th Amendment violations. Uncorrected, they could have serious repurcussions down the road.

I understand people get frustrated with defense attorneys. However, the state has constitutionally mandated responsibilities, as well, and it appears they are not meeting some of those requirements. When that happens, I think defense attorneys are well within their limits to complain. If these men are guilty I don't want to see them out of jail either. However, I do want them to have a fair shake so that if they are convicted, they stay in jail and aren't released on a legal technicality due to errors made by the DA's office or TBI officials.

All MOO.

Why don't you like him?

 

[Bali]

We're in a holding pattern due to change in prosecutor (which was imo an attempted end run to avoid the consequences of failure to disclose that was looming), but addressing that issue is almost certainly the first thing we'll see when they next convene.

I hadn't thought of that. I just assumed Nichols rage quit the team because she couldn't stand Stowe. A planned out switch to avoid contempt charges may indeed have taken place.

 

[murphy3k]

Why don't you like him?

I have only met him professionally and with regard to civil cases. In my experiences, he came across as underhanded and of questionable legal ethics. That is the most I am willing to say. Keep in mind, this was almost 12-14 years ago when I was living/working in Nashville. Also, I speak only to how he came across to me during our interactions. We never suspected he actually did anything unethical in the actual cases I was involved in. MOO.

 

[Dr. Know?]

TN FOIA law. No wonder everyone is a buzz with what's going on. jmo citizens, I assume anyone could go to the court and ask for copies? Gosh forbid Media? Is there anything they will release? A non presser hoopla document, just one?

http://www.nfoic.org/tennessee-foia-laws

 

[Dr. Know?]

JMO, with this Fletch defense team, it will come down to trashing Holly on evidence that doesn't exit. The prosecution should win though, a lot of proving whatever is thrown out there. It will become a circus and be very emotional. I'd even bet on it. This needs stopped now. Power to the family. They seem strong.

Please don't let them be released.

 

[SteveS]

TN FOIA law. No wonder everyone is a buzz with what's going on. jmo citizens, I assume anyone could go to the court and ask for copies? Gosh forbid Media? Is there anything they will release? A non presser hoopla document, just one?

http://www.nfoic.org/tennessee-foia-laws

I'm not sure what your point is, or what problem you think this has created in the Bobo case.

 

[Bali]

Why would they need to trash Holly to defend these guys? You might see that with rape cases (where it's a he said/she said) or cases where they're claiming self defense, but I'm not sure how that would fit with a case like this. I would guess they would point the finger at someone else.

Honestly, I have no idea if the prosecution has a strong case or can win this case. I'm leaning toward no...simply because why else are they refusing to turn over the evidence?

 

[SteveS]

Why would they need to trash Holly to defend these guys? You might see that with rape cases (where it's a he said/she said) or cases where they're claiming self defense, but I'm not sure how that would fit with a case like this. I would guess they would point the finger at someone else.

Honestly, I have no idea if the prosecution has a strong case or can win this case. I'm leaning toward no...simply because why else are they refusing to turn over the evidence?

I agree with this. It looks like there simply is no evidence, and they are delaying the inevitable revelation that this case cannot even go to trial.

As for the idea of trashing Holly, imo that would be a huge mistake for the defense, so I wouldn't expect it to happen. In playing to a jury, sometimes you want to play to their emotional side and other times to their rational side. Here imo they're better off trying to play down the case/evidence - let the rational side look at the case - rather than risk the jury taking offense at the defendants and acting emotionally despite flimsy evidence.

 

[OldSteve]

I agree with this. It looks like there simply is no evidence, and they are delaying the inevitable revelation that this case cannot even go to trial.

As for the idea of trashing Holly, imo that would be a huge mistake for the defense, so I wouldn't expect it to happen. In playing to a jury, sometimes you want to play to their emotional side and other times to their rational side. Here imo they're better off trying to play down the case/evidence - let the rational side look at the case - rather than risk the jury taking offense at the defendants and acting emotionally despite flimsy evidence.

Agree! What a fiasco if as you write and I believe they don't have a case. How will justice ever be served.... how much more difficult it will then become....
in the back of mind, I wonder if someone else is involved... I wonder too, if (the fiasco) is part of some even darker plot....

 

[Bali]

The interesting thing about this case is that opinion seems to have shifted some. It used to be all "guilty, guilty, guilty!!!" when you'd read comment sections. Recently, people are being really hard on the prosecution and echoing the "something's wrong..." sentiment. Even people who still believe them to be guilty.

 

[jggordo]

Does anyone feel that is not only ironic but also at least a coincidence that as of September 1, 2014 a new Sheriff and a new District Attorney took office. Then about a week or so later Holly's remains (skull) were found after exhaustive searches for years? Then about another week or so after that an arrest was made in the Wesley Conway murder which was another local case that was at least a year or so old? For a community of this size to have the murder rate it does seems off the charts to me.

http://www.wbbjtv.com/news/local/TB...2013-Decatur-Co-shooting-death-275355411.html

JMO's

 

[SteveS]

Does anyone feel that is not only ironic but also at least a coincidence that as of September 1, 2014 a new Sheriff and a new District Attorney took office. Then about a week or so later Holly's remains (skull) were found after exhaustive searches for years? Then about another week or so after that an arrest was made in the Wesley Conway murder which was another local case that was at least a year or so old? For a community of this size to have the murder rate it does seems off the charts to me.

http://www.wbbjtv.com/news/local/TB...2013-Decatur-Co-shooting-death-275355411.html

JMO's

IMO there clearly would NOT have been a cause-and-effect linkage between the discovery of Holly's remains, and the regime change, since the discovery was by pure accident. The outgoing did not prevent that accidental discovery, nor did the incoming cause it to happen.

As far as the arrest against the other guy, by TBI, after the regime change, there could be some linkage, or maybe it just happened when it happened. Who knows.

 

[Chainsaw385]

To be fair, in this case, the judge has repeatedly agreed with the defense that there's no evidence.

At a certain point (which we have passed in this case), not disclosed = legally doesn't exist.

Why hasn't the judge thrown out the charges if there is no evidence............and more importantly why is the defense not pushing hard to get this thing in front of a jury if there is no evidence?The defense could have this in a courtroom by now if they really wanted to and for some reason they are content to sit around and wait.

I do not know why they have not given the DNA results for the skull and YES,it is troubling.........but the defense attorney admitted it was identified by dental records and is only complaining about not getting DNA....classic smoke and mirrors deflection of the issue at hand by the defense.

For years before DNA they identified remains by dental records .......to surmise they made a mistake this time is a huge stretch of the imagination.

FWIW ....I don't think they have a cell phone video but am pretty sure the remains are certainly Holly's

It is pretty clear the prosecution is not going to turn over any discovery until they absolutely have too........maybe it is week or maybe it is pretty solid and they don't want it out there for a long time and give the defense a chance to change stories ala C.A. when it was clear there was no nanny and her story made no sense at all....I often wonder how this trial would have played out if all the evidence hadn't been made public well before the trial.

If there is no evidence linking the defendants to the Bobbo kidnapping/murder and these defense attorneys haven't been able to get the charges dropped yet or in front of a jury by now........they better be finding a different line of work.

The question is if that evidence strong enough to convict them ???????????