Holly Bobo found deceased, discussion thread *Arrests* #8

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Inge Jones said:
And... is there even strong evidence the gun was the murder weapon? The jury aren't going to wear "Well years later we stumbled over a gun lying around somewhere" as proof of anything.
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I don't think the jurors will be told the gun was just 'stumbled upon' by happenstance although in other cases weapons were also found many years later by happenstance when someone unconnected to the case found them. In this case, I think it was someone connected to the case that gave up the location.

Someone will testify about giving LE the location of the gun's whereabouts. Someone who was there with the suspect when the gun was tossed out or was told by the suspect where he threw the gun away. imo

No matter how frustrating it can be to others LE must go where the evidence leads them even if it is shortly before trial time.

I imagine the state may have asked JA to give them more if he wants his plea deal and he did so, finally.

I do believe this firearm was used to murder Holly so it is understandable there would be a delay in the trial due to the defense having a legal right to do their own testing on the weapon. Their forensic experts will explore how long this firearm had been at its found location close to a bridge in mud and water. I believe it will be determined it has been there in the muck/water for many years.

JMO
 
Persons who are granted immunity:

https://www.facebook.com/burt.staggs/posts/10159054614300038

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Not sure I like all this bargaining.... plea bargaining, immunity negotiating. Surely sometimes people with guilt go free just so as long as *one* of the participants is convicted, and closes the case. I don't know if this is normal globally?
 
Regarding the burden of proof: the defense doesn't have to prove that someone else did the crime -- they just have to provide enough ADMISSIBLE evidence creating a reasonable doubt for the defendant.

So I agree it's important to distinguish BoP from hearsay issues -- hearsay rules limit the ADMISSIBILTY of evidence that might be used by the prosecution to PROVE their case beyond a reasonable doubt, or by the defense to create a reasonable doubt.

The rules of hearsay apply equally to both sides. The only circumstance that comes to mind where the application differs is the "party-opponent" rule. Hearsay statements made by the defendants may be used by the state as evidence because the defendants are "party-opponents". But if I remember correctly, the state is not considered a "party-opponent" vis-a-vis the defense. Accordingly, the defense cannot use an out-of-court statement by an officer, for example. Like maybe someone overhears an officer at the first search of a crime scene saying something like ... "uh oh, we found this blood evidence but then we didnt follow the chain of custody".

Dont quote me on that, but I seem to remember that, unlike a civil trial where the plaintiff's statements can used against them as evidence, the prosecution is somehow protected from that because the state is not considered a party-opponent. Please correct me if I'm wrong! :)

Also, I'm still catching up on this thread, but is there any theory as to why Holly and the man were both kneeling in the carport? Had they actually fallen in a tussle? And was this the general vicinity where her car was parked and the pool of blood was found? I guess I had been picturing her parents using carport/garage and she and her brother parking elsewhere in the driveway etc.
 
Inge Jones said:
Not sure I like all this bargaining.... plea bargaining, immunity negotiating. Surely sometimes people with guilt go free just so as long as *one* of the participants is convicted, and closes the case. I don't know if this is normal globally?
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I don't know if it is normally done globally either but it is rather common here in murder cases like this one.

Sometimes the Prosecutors have to make a deal with the 'devil' in order to bring justice for victims. The defendant was already a criminal so of course those that hang or hung around him aren't going to be Mr. Rogers or Mother Teresa types.

Often in cases like this we see other criminals granted immunity to testify against the defendant/s. Some on the immunity list may be those who have been housed with ZA and he is well known to run his mouth. Just like he did when he made a threat against Dylan that if he didn't shut his mouth (stop talking to LE) he would be put in the same hole with Holly. (paraphrasing).

I have watched many trials where the witness/es were either given immunity or plea deals in order to testify against a defendant. In most all of the cases I found them very credible and so did the juries. What each one testifies to will be backed up with other circumstantial evidence.

JMO
 
myworldinbytes said:
Persons who are granted immunity:

https://www.facebook.com/burt.staggs/posts/10159054614300038

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Shayne Austin??

Mar 10, 2015 NASHVILLE, TN (WSMV) - In a case that's had many twists and turns, the latest development in the Holly Bobo case has many people wondering what comes next.

Shayne Austin, a suspect and key witness in the case, was found dead of an apparent suicide on Monday.

Austin's lawyer, Luke Evans, told Channel 4 the scrutiny and unfair treatment may have led to his death.

Austin apparently killed himself in a motel room in Bartow, FL, Monday morning. Bartow police said they will have to wait six to eight weeks for an autopsy result to determine the cause of death.

Evans said Austin is the latest victim in the Bobo tragedy.

"What happened to Holly Bobo, the investigation on many levels, has now created another victim in its wake," Evans said.

Austin signed an immunity agreement suggesting he knew where Bobo was buried and that he could lead the Tennessee Bureau of Investigation to that spot. If Austin cooperated, he would not be prosecuted for aiding in the disposal, destruction, burial or concealment of Bobo. However, if he was found to be lying or have participated in the murder, the agreement was off.

Some have questioned why if Austin was innocent, why did he want an immunity agreement?

"The state made a very clear indication wanting to or threatening to charge Mr. Austin in connection with this case," Evans said. "You want to try to protect yourself, your client from the overbearing weight of the unbridled power of the state."

Evans said he cannot discuss what his client knew, but said he cooperated from day one and immediately offered to help with the prosecution.

Zach Adams' attorney asked for any notes or statements made by Austin in December.

The extent or quality of Austin's statements to the TBI are not known. Channel 4 legal analyst Jim Todd said the law states that information is inadmissible now that Austin is dead.

http://www.wsmv.com/story/28191065/shayne-austins-death-creates-new-questions-in-holly-bobo-case
 
I feel for this family! It seems to never end...

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Victor Dinsmore....was he the cell mate of ZA?
I have seen that name before but cant recall how it tied into this case.

I would have lost money on the Pearcy's not being on this list.Because I felt certain they would have.
 
myworldinbytes said:
Defense requests new jury.

https://www.facebook.com/burt.staggs/posts/10159062585735038


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I don't think the Judge will agree.

A juror is not required to know absolutely nothing about any case they sit on. They just have to affirm they will set aside anything they may have heard or read outside the well of the court and only weigh the evidence that comes in from those who testify from the witness stand.

Any person in TN would have to live in a cave for years to not know about the most high profile case in TNs history.

I personally believe this is just another stall tactic by the defense.

IMO
 
oceanblueeyes said:
I don't think the Judge will agree.

A juror is not required to know absolutely nothing about any case they sit on. They just have to affirm they will set aside anything they may have heard or read outside the well of the court and only weigh the evidence that comes in from those who testify from the witness stand.

Any person in TN would have to live in a cave for years to not know about the most high profile case in TNs history.

I personally believe this is just another stall tactic by the defense.

IMO
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I agree. Any case I was called on it was clear that I could be subjected to a challenge for cause based on having formed an opinion or on knowledge - which could be of the case or simply connected to some aspect of the crime. So aside from peremptory challenges, which do not require a reason and challenges for cause the only real requirement of a sitting juror is whether or not they can deliver an impartial verdict.

JMO
 
Chainsaw385 said:
Victor Dinsmore....was he the cell mate of ZA?

I have seen that name before but cant recall how it tied into this case.

I would have lost money on the Pearcy's not being on this list.Because I felt certain they would have.
Click to expand...


:seeya:

BBM: VD has not been a cell mate of ZA since ZA was arrested for the rape/murder of Holly Bobo.

As to "Victor Dinsmore" -- this is the first time we are hearing his name in MSM news reports with respect to Holly's case, as he is one of the 5 who received immunity per court documents.

Now ... I have seen his name mentioned on another forum, which forum is not allowed quoted here at WS.

So ... if you have been reading over at LaLa Land like I do :innocent: ... then you've definitely seen the Dinsmore name, amongst other names.

:innocent: I read regularly over there at LaLa Land because approximately 2 years before the arrests of the A's, these lifelong criminals were named by a poster as Holly's abductors, rapists and murderers. Now, some of the info of course are rumors, lies, etc. ... but they do have some loose lips running around over there.

JMO and :moo:
 
Chainsaw385 said:
Victor Dinsmore....was he the cell mate of ZA?

I have seen that name before but cant recall how it tied into this case.

I would have lost money on the Pearcy's not being on this list. Because I felt certain they would have.
Click to expand...


1st BBM: Are you thinking about the cell mate who ZA tried to coerce? When ZA was first arrested in Holly's case, one of the cell mates was being transferred to where ZA's brother Dylan was in :jail: ... ZA told this cell mate to tell his brother something like - shut his mouth or he would be in a hole like Holly.

2nd BBM: I was certain that the P brothers would have been on that Immunity List ... what a surprise when they were not !

:thinking: The P brothers came into this case regarding this alleged "videotape" ... so either there is a video, the P's had a copy, and they will get their immunity after they testify truthfully against ZA -- or -- there is NO video. And from what I remember, the charges regarding this alleged videotape were previously dropped against the P brothers, however, the D.A. reserved the right to re-charge them.

JMO and :moo:
 
From News Channel 5:

Jason Autry, 3 Others Given Immunity In Bobo Murder Trial

The state has granted immunity to Jason Autry, who is accused of killing and kidnapping nursing student Holly Bobo, a shocking development that legal analysts say means Autry likely knows something about her death.

According to court documents, Victor Dinsmore, Jason Autry, Michael Alexander, and Shayne Austin were all granted immunity agreements in the trial.

More at Link: http://www.newschannel5.com/news/jason-autry-3-others-given-immunity-in-bobo-murder-trial


State Believes They Have Holly Bobo Murder Weapon

State prosecutors believe they finally have the weapon used to kill nursing student Holly Bobo. It was a shocking revelation that came on the same day the trial of one of her accused killer's was scheduled to get underway.
...
The gun is listed as an Arminus model HW5, 32 caliber Smith and Wesson long revolver. It's still unclear where the gun was found or how it was found but it's cartridges have been tested for blood.

More at Link: http://www.newschannel5.com/news/state-believes-they-have-holly-bobo-murder-weapon
 
From WREG:

Four men eligible for immunity in Bobo murder case

Posted 7:30 pm, July 10, 2017


State and federal authorities have provided notice of immunity for four men involved in the Holly Bobo murder case, according to court documents filed in Hardin County.

One of the men, Jason Autry, is also a suspect in Bobo's death and faces charges including murder and rape.
...

State prosecutors asked for immunity for three other men, including Victor Dinsmore, Michael Alexander and Jason Kilzer. Federal authorities also asked for immunity for Dinsmore.

A Tennessee Bureau of Investigation background check revealed Dinsmore, Michael Alexander and Kilzer all have extensive criminal backgrounds. Dinsmore's rap sheet included charges of fraud and being a fugitive of the law; Alexander's included charges of burglary, evading arrest and drug possession; and Kilzer's included charges of aggravated burglary, theft of property and assault.


More at Link: http://wreg.com/2017/07/10/four-men-eligible-for-immunity-in-bobo-murder-case/
 
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