Holly Bobo, missing from TN 2014 discussion #5 ***ARRESTS***

[oceanblueeyes]

No-The grand jury's function is to determine if there is enough evidence to continue the case-it has nothing to do with guilt.

The function of the citizen panel is to stop prosecutors from putting people in jail and 'hoping' to find more evidence. Also, hearsay evidence is allowed along with speculation and even conjuncture from detectives.

It appears now they do have a plan. If they can't beat or abuse the two men into confessions they can-without resurrecting the grand jury-simply drop the capitol charge and prosecute for conspiracy. From intercepted phone calls and other circumstantial evidence they may have enough to convict on collusion. Since there are no sentencing guidelines they can be given 100 days or 100 years. They could lock them up for life just for conspiracy to commit murder without a death certificate.

As far as prosecuting murder without victim:



This is so problematic in this case. They can bombard the jury with testimony about the victim never used social media or any financial means after going missing, people who knew the victim and so on. Still, if I was on the Jury I would want some kind of smoking gun evidence that the victim is dead and had been murdered-something else that stands out-your talking about a life sentence for someone and being ask just to skip that part of the puzzle. I just don't think a jury will do that-or I have a hard time believing they would.

I guess individually you would need to ask yourself if you could live with giving these men a life sentence without any hard proof that the victim is even dead?

In going over the last few cases in TN the one that stands out is Perry March. Janet's body was never found however Perry's father testified in court and in a written statement that he disposed of the body by throwing it on a bonfire somewhere in Kentucky. So, in a legal sense there was a body. Also, Perry was convicted of conspiracy which gave him a life sentence.

That explains much about this case as they must have-or they think they have-enough to convict on conspiracy.

One might think: How is the 'family adviser' going to feel about this? I believe there is a consensus that neither the TBI or the Attorney General give a damn what they think anymore. They appear to have been out of the loop since the maximum stupidity of the 'front porch rant'

BBM

Most of the trials held in our country are circumstantial evidence cases. They may include direct evidence such as an eye witness(es) but the majority of the evidence entered in any trial is circumstantial evidence. Trial Judges explain CE each and everyday to jurors. It carries as much weight and even more so in some cases since direct evidence such as eye witness identification can be faulty.

There are many ways a DA can prove through circumstantial evidence to a jury that the victim is dead and that is why missing body cases are no longer hard to prove to jurors nowadays. Our court system has advanced a lot in the area of missing body cases. There was a time even when the police knew who the suspect was they still waited years (5-7) to get an indictment using the passing of time without any contact from the victim.

All the evidence they have collected in this case remains unknown to the public as it should be. The DA is going with the top counts because that is what he feels he can prove BARD. While the ultimate goal is to obtain justice for the victim we also have to remember in the criminal justice system both parties play an adversarial role and that role is to win. This DA would not bring this very high profile case if he felt he couldn't win his case.

And we can sit here all day and speculate he doesn't have the evidence to prove his case...not even knowing what he does have... but that is nothing but rank speculation at its finest. This has been said in many cases before a trial actually showed they had a vast amount of evidence to prove the defendants guilty.

If one piece of Holly's DNA/personal possessions were found in the home or on the property of Zach Adams he will be convicted. In three years not one person has ever said that Holly ever associated with the criminal meth thugs who murdered her. IMO

CE is about using one's common sense when putting the pieces of evidence together. I have been on five different juries in my life time and I felt much more comfortable with CE cases when rendering my verdict. I don't have to see it raining during the night to know that it rained. I take all the CE pieces that are there to determine it did indeed rain during the night. We all use CE in our daily lives.

Imo, in this case they will have forensic evidence as well to go along with all the lay witness testimony, which will support, the witnesses testimony. I believe this way because quickly after they did the 3 day extensive SW of Adams' home and property they arrested him for Holly's kidnapping and murder. They found something and it was something very compelling tying him to Holly's murder.

It was something so concrete that it convinced Holly's parents she is no longer living which they had refused to believe for three long years.

A jury must be convinced beyond a reasonable doubt. Parents must be convinced beyond ALL doubt. So if the evidence is compelling enough to convince her parents beyond any doubt whatsoever it will be more than enough to convince a jury.

IMO

 

[SteveS]

"the GJ already determined that they have evidence (if believed) to prove the crime in question occurred and could have been done by these defendants."

No-The grand jury's function is to determine if there is enough evidence to continue the case-it has nothing to do with guilt.

The function of the citizen panel is to stop prosecutors from putting people in jail and 'hoping' to find more evidence. Also, hearsay evidence is allowed along with speculation and even conjuncture from detectives.

I didn't say the GJ makes a determination regarding guilt.

I don't doubt that LE has continued to try to gather evidence, but a GJ isn't a determination that "we're on the right track, keep looking, go ahead and lock these people up while we look" but instead is the go-ahead to put someone on trial based on what they have. My point: they already have something evidentiary that points to these crimes, and these defendants, and it's enough of a "something" to convince a GJ that a trial is called for.

GJ's determine if there is evidence that (1) COULD prove that the crime in question was committed and that these defendants did it (2) if that evidence was believed by a judge or jury. So they are there to keep LE from forcing citizens to go to the expense and trauma to defend themselves in court without cause. We certainly don't know how solid that evidence is until it's put under intense scrutiny in a trial, but we know for a fact they must already have had evidence of some kind as to both crime and defendant(s).

 

[dog.gone.cute]

:bump: for Holly !

lease:

 

[goldenbear]

Just a few days until the man who says he knows nothing about a video comes to court! Justice for holly.

 

[SteveS]

Just a few days until the man who says he knows nothing about a video comes to court! Justice for holly.

Yep, it will be interesting to see if (as MSM has reported) the charges are going to be dismissed because
*LE casually accepted the story of a video of Holly with nothing more than some lady's sayso that has been debunked,
*LE dragged these guys who had no connection with Holly through the legal system trying to force them to produce badly needed "evidence" that never even existed,
*LE carelessly and with almost no reason at all, ran the reputations of these guys through the mud as somehow being connected to Holly's case, and
*LE was willing to arrest and force people to defend themselves from long jail time on spurious charges based on flimsy evidence

 

[dog.gone.cute]

Just a few days until the man who says he knows nothing about a video comes to court! Justice for holly.

:seeya: Thanks, GB, for the reminder !


I will add this date here and in the Court Date Thread.


From WKRN:

Jeff Pearcy, however, says he knows nothing about an alleged recording connected to the Bobo case.

Jeff Pearcy is due back in court July 29.


http://www.wkrn.com/story/25918071/holly-bobo-suspect-jeff-pearcy-maintains-innocence

 

[OldSteve]

:shame:

Yep, it will be interesting to see if (as MSM has reported) the charges are going to be dismissed because
*LE casually accepted the story of a video of Holly with nothing more than some lady's sayso that has been debunked,
*LE dragged these guys who had no connection with Holly through the legal system trying to force them to produce badly needed "evidence" that never even existed,
*LE carelessly and with almost no reason at all, ran the reputations of these guys through the mud as somehow being connected to Holly's case, and
*LE was willing to arrest and force people to defend themselves from long jail time on spurious charges based on flimsy evidence

What you said is scary :hills: :gasp: :worms:

If charges are dropped, wonder if a lawsuit will be pending?

 

[reedus23]

While I take it as unlikely, I assume you have ruled out the possibility that the charges haven't been and won't be dropped because there is some evidence to support them? Curious why they haven't already been dropped if that is the intention ultimately.

 

[SteveS]

While I take it as unlikely, I assume you have ruled out the possibility that the charges haven't been and won't be dropped because there is some evidence to support them? Curious why they haven't already been dropped if that is the intention ultimately.

I'm not speculating on 'possibilities" - I'm merely noting the import of what MSM has reported. They said charges would be dropped in the next hearing, and that there was nothing but a story of a mythical video (my term, but reflective of their report) of Holly to back them up in the first place. We'll find out in a few days whether that reporting on this matter was reliable journalism or not.

As you note, if LE could have dropped this a month ago just as easily, and had every reason to do so, but forced innocent guys to continue to pay more legal costs and incur added damage to their reputation for something LE already knew was insupportable, that's even more damning.

All we can do is wait and see if MSM got it right.

 

[Foxfire]

Bumping..

 

[Mountain_Kat]

Marking my spot because the new format has me bumping into walls in the dark.

 

[dog.gone.cute]

From WSMV:

Man linked to Holly Bobo case in court Tuesday


Jeff Pearcy, charged with tampering with evidence and accessory after the fact in connection to the disappearance of Holly Bobo, will have a hearing in Henderson County.

http://www.wsmv.com/story/26137704/man-linked-to-holly-bobo-case-in-court-Tuesday



Note: There was no time for today's :judge: hearing.



ETA: Hearing at 1:00 pm today.

 

[dog.gone.cute]

From News Channel 5:

One of two half-brothers accused of tampering with evidence and accessory after the fact in the disappearance of nursing student Holly Bobo was set to be in court Tuesday afternoon.

A judge in Henderson County will preside over the hearing for Jeff Pearcy.


NewsChannel 5 will be at the hearing in Henderson County. We will live stream it at 1 p.m. here on NewsChannel5.com.


http://www.jrn.com/newschannel5/new...nnection-To-Bobo-Disappearance-269023111.html

 

[dog.gone.cute]

From NewsChannel 5:


NewsChannel 5 has learned Mark Pearcy willingly turned over all of his cellphones from recent years to the TBI.

If no video has been found, NewsChannel 5 learned that all state charges could be dropped against the Pearcy brothers.


http://www.jrn.com/newschannel5/new...nnection-To-Bobo-Disappearance-269023111.html



JMO ... but it is going to be very interesting to see what happens at today's hearing.


lease: for Holly and the Bobo Family !

 

[tlcya]

I feel sick. I don't want there to be a setback and I am afraid one is coming that will not only set back the case against those charged but also Justice in general for Holly. If the arrests of the Pearcy brothers were in effort to force or pressure folks to come up with evidence that simply did not exist I think that will shake confidence in the TBI.

I really am nauseous contemplating having my confidence shaken in such a way.

 

[ZooSleuth]

I feel sick. I don't want there to be a setback and I am afraid one is coming that will not only set back the case against those charged but also Justice in general for Holly. If the arrests of the Pearcy brothers were in effort to force or pressure folks to come up with evidence that simply did not exist I think that will shake confidence in the TBI.

I really am nauseous contemplating having my confidence shaken in such a way.

I agree. If these charges against the Pearcy brothers are as flimsy as they appear, I feel really bad for them. This will also not do any good for the legitimate cases against ZA and crew.

 

[OldSteve]

I agree. If these charges against the Pearcy brothers are as flimsy as they appear, I feel really bad for them. This will also not do any good for the legitimate cases against ZA and crew.

BBM - I agree and does make you wonder.

 

[dog.gone.cute]

Live Feed from the Courtroom now at:

http://www.jrn.com/newschannel5/watch-live


Now it's off ...

Ah ... :scared:

 

[tlcya]

just finished the perp arraignment on the Abigail Hernandez case and right into this hearing for Holly.

 

[tlcya]

live feed not working