Holly Bobo, missing from TN 2014 discussion #4 ***ARRESTS***

[shefner]

It does happen. There was a report on CNN today here about a case where exactly that happened.

In that case the accused was convicted of murder based on a witness account, even though he was in Florida at the time with his family. He actually had proof he was in Florida at the time in the form of a receipt, but police/prosecutors denied having it and concealed it. They basically claimed that he flew back from Florida to do the murder, then flew back again to be with his family. The jury still convicted him even though that was pretty improbable. After the trial the witness recanted and claimed police coerced her into testifying, but that didn't matter. The guy still spent 25 years in prison, until his lawyers and a new DA working together found the receipt (still in police files) that proved he was in Florida at the time. So he was freed after that.

Don't say that this sort of thing does not happen, because it most certainly does, and there are probably very many innocent people sitting in prison today because of circumstantial cases based largely on witnesses who are either coerced by investigators, or make stuff up to cut a deal on their own offences.

This is why it is so important to be wary of any uncorroborated witness allegations.

It can happen. But in Holly's case? I don't see how. We have waited 3 long years for something to come out concerning Holly's disappearance. TBI was none too swift. I don't think they are jumping the gun.

The names of Zach Adams and the A-Train gang have been talked about by locals from the early days. I believe there is guilt among this group and TBI has information to lead them to this conclusion....and not only that they were involved in her disappearance, but also her homicide.

At this point, I think they are trying to compile as much corroborating evidence as possible for the DA. There is no doubt in my mind that they are rattling cages and trying to shake things loose. That would only be wise at this point. This case goes very deep...and those of us who have followed since day one have recognized that. We didn't know what the secret was but TBI drove me absolutely nuts with their lack of communication to the public. After all this time, we still cannot say with certainty how many 911 calls there were, who made them, and what was said on them.

I watched JP's interview and felt he was being sincere...he seems genuine on the surface. However, you will notice that he will proclaim his complete lack of knowledge and then immediately look down, every time. I don't like that. But I am not professionally trained in these matters. A random witness could accuse someone for revenge and seek to hurt them for whatever reason. But I do believe there is a video...and many people knew about it. And many people are shaking in their boots. And since the video has been talked about for a few months now, people have had time to practice their story of innocence.

 

[Mountain_Kat]

Let's assume for a moment that this un-named witness WAS shown a tape of something by JP. And let's assume she sincerely thought she heard MP's voice on the tape and recognized it. There is a whole host of problems with this in terms of convicting either brother on charges of evidence tampering.

1. Without the tape itself, no one can judge what is actually on the tape.

2. Was the video taken actually of Holly Bobo? If so...when was it taken? No tape, no time stamp. Problematic. And without the tape as evidence, how is anyone to determine that the woman seen in the video even IS Holly Bobo?

3. Without the tape, we can not even judge if it is evidence of a crime. And if we can't do that, then how can we charge someone with evidence tampering?

4. The case against Mark Pearcy is even more problematic in legal terms. It is based on hearsay...actually, hearsay within hearsay. You MAY be able to introduce that testimony in a court of law...IF the witness is corroborating what is one the tape. But again...no tape, no evidence to get the testimony about the evidence introduced in a court of law.

5. And...the witness says she recognized MP's voice on the tape?! She didn't even see him on it?! HUGE problem there.



3.

 

[*KareBear*]

There is no doubt in my mind that LE has the video. They couldn't arrest JP & MP if they didn't. They are building there case.


Sent from my iPhone using Tapatalk

 

[dog.gone.cute]

I don't think he was sending signals to anyone in this interview. The no contact the judge talked about was the witness that supposedly saw the video at JP's place, and heard MP's voice on the video.

I seriuosly doubt there is a video at this point. I think the witness is lying. jmo

BBM: As I said earlier, JP has on an ankle monitoring device, so each and every movement he makes is tracked ...

So IMO, the ONLY way JP can send a message to whoever to let them know he did NOT tell LE anything was by the use of the media ... AND this is just what JA did when he had his presser with the media -- he also, IMO, was sending messages ...

These guys are very sneaky and very :scared:

As to the video, I believe they have something ... I am wondering IF they evidence that points to a video, and maybe the video/data was "corrupted" or "fragmented" or something like that.

Of course, all :moo: and :twocents:

 

[pearl]

IIRC, every published affidavit asking for a search warrant that I have read in cases I have followed, the LE person attests that he/she has seen something as evidence that would support the need for the search warrant. They aren't based on hearsay. One search warrant in this type case leads to the next, and on and on. In these type of high profile cases, I don't think LE is going to take the risk of a civil rights lawsuit brought by the accused. That is exactly what can happen when LE uses shady, but legal, tactics. I think in this case, TBI/FBI would shut up if they could not put up. The fact that ZA and JA were suspected to have been involved in Holly's disappearance for a couple of years now and weren't charged meant, IMO, that LE did not then have evidence to support charging them. This changed about the time of the pearl theft and arrests. We don't know what they have and don't have. This is as it should be at this time in an ongoing investigation. LE doesn't owe inquiring minds any explanation. This frustrates me, but I know it is necessary. As far as I know, LE hasn't said what evidence the Pearcy brothers may have tampered with. I could be wrong about that. LE could have a copy of the recording, picture, etc and not the original. A copy could be used in court, but the original would be better.

 

[dog.gone.cute]

Or it could also be the actions of a guy who suddenly found himself in an episode of the Twilight Zone and doesn't know what to do.

What would you do if police showed up at your door one day and arrested you for something you knew nothing about?

1st BBM:

JMO but JP just did not suddenly find himself in the "Twilight Zone" ...

JP is fully aware of his half-brother, MP's criminal background, and he is fully aware of the A-Train Gang's career criminal background ...

Now, MAYBE JP did NOT hang out with this bunch ...

BUT imo, he was fully aware of who this bunch is ...


2nd BBM: I would hire a good attorney and sue the heck out of all of them !

:seeya:

 

[dog.gone.cute]

:seeya: Morning Y'all !


:twocents:


No doubt there is disagreement regarding what evidence LE has and IF they have the right perps etc ...

But what I believe we do AGREE on is that we all want to see Justice for Holly !


lease:

 

[Suthrnqt]

It can happen. But in Holly's case? I don't see how. We have waited 3 long years for something to come out concerning Holly's disappearance. TBI was none too swift. I don't think they are jumping the gun.

The names of Zach Adams and the A-Train gang have been talked about by locals from the early days. I believe there is guilt among this group and TBI has information to lead them to this conclusion....and not only that they were involved in her disappearance, but also her homicide.

At this point, I think they are trying to compile as much corroborating evidence as possible for the DA. There is no doubt in my mind that they are rattling cages and trying to shake things loose. That would only be wise at this point. This case goes very deep...and those of us who have followed since day one have recognized that. We didn't know what the secret was but TBI drove me absolutely nuts with their lack of communication to the public. After all this time, we still cannot say with certainty how many 911 calls there were, who made them, and what was said on them.

I watched JP's interview and felt he was being sincere...he seems genuine on the surface. However, you will notice that he will proclaim his complete lack of knowledge and then immediately look down, every time. I don't like that. But I am not professionally trained in these matters. A random witness could accuse someone for revenge and seek to hurt them for whatever reason. But I do believe there is a video...and many people knew about it. And many people are shaking in their boots. And since the video has been talked about for a few months now, people have had time to practice their story of innocence.

ITA with everything you've said. I believe there is a video, also. I also noticed how JP would look down or look to the side after his statements. IIRC, those actions are indicative of deceit, imo. I am not a professional trained in body language, just stating from my experience working in the prison system. :blushing: LE has had 3 long years to build their case. I just don't see the DA charging the A-train and company if there wasn't substantial evidence to charge each and every one of them. DAs are about conviction rates. Bottom line. They get one chance to convict. And I just don't see the DA wasting this one chance on he said, she said type of evidence or hearsay. Imo, the DA has plenty to get a BARD conviction on each and every one of these career criminals. All is just
my :twocents:

 

[Mercurydime]

In the video interview that JP did, he stated that as LE interrogated him about the video, they continuously got "madder and madder" as he continued to deny any knowledge of the recording.

If this is true, it leads me to believe that LE does not have the video.

My opinion only.

 

[Hatfield]

The criteria to arrest is much lower than you realize.

And to directly answer your opening question, YES I think they might arrest someone with too-flimsy evidence, in hopes they might get something more substantial in the process. In fact, I absolutely KNOW that can happen, because I've seen it. It didn't end well for LE, fortunately.

Let me be clear, I don't know that "arrest with essentially nothing" happened here. I'm not saying it did. But I'm not willing to assume evidence exists that we have been given no hint of. The entire story so far FROM ALL ACCOUNTS is that someone said they heard one Pearcy in a video shown by the other, that pertains to Holly, and that no one has anymore (because, if they had it, they couldn't be accused of having destroyed it.) Someone said it, and if believed by a jury the others can be convicted, so that's "probable cause" to allow an arrest, but way weak and has lots of question marks flashing in neon lights.

But we also know there are 250,000 reasons why someone would concoct such a story. And there are plenty of reasons for someone in LE to succumb to the pressure to arrest-and-convict (someone, anyone) in this high profile case. (If someone doesn't think LE at all levels has the same sort of people as the general public, meaning there are some who will cut corners and bend the rules when they decide they have a good reason to do so, they are incredibly naive. People are people, even after they are empowered by the state. I've seen that beast, more than once, and it's frightening.)

There is great pressure on this case because of all the attention, and there will be great reward to those who put someone away for it, even if it's not necessarily the right person. I don't want to lose sight of that.

I want to thank everyone for a very civil and good discussion these past 2 pages. These are very important concerns and very realistic concerns.

We all want the right people prosecuted so long as they are the right ones and really were part of the crimes against Holly. I would hope none of us wants anybody convicted if they truly had no involvement, even if they had done other wrongs in their past.

We all come to the table with past experiences and I too have seen corruption within LE. For those that have not experienced it, it may be somewhat understandable to not realize it could even happen.

There are current lawsuits going on for years now in a nearby state of mine that involved LE totally fabricating evidence against what some would consider "low lifes". Those people that it happened too not only are out of jail now, but are suing the state for tons of taxpayer money because of the lying and fabricating of evidence against them and for the years they spent in jail for crimes they did not commit.

Not only that, but other real criminals were freed from prison and their prison terms wiped free just because they were prosecuted by the same LE individuals that were corrupt.

So these things do happen and with a high profile / high publicity case such as this, there is tons of pressure put on LE and I can see where the POSSIBILITY does exist to perhaps overcharge or bring in some wrong individuals. So LE needs to just make sure they dot their Is and cross their Ts and do things by the book.

If they dont, they will risk an awful lot. Let us hope LE is doing their jobs by the book and only prosecuting the proper individuals. Time will tell as the evidence and trials start.

We all want justice. But we want the RIGHT + PROPER justice for the right people and ONLY the right people.

 

[dog.gone.cute]

I want to thank everyone for a very civil and good discussion these past 2 pages. These are very important concerns and very realistic concerns.

We all want the right people prosecuted so long as they are the right ones and really were part of the crimes against Holly. I would hope none of us wants anybody convicted if they truly had no involvement, even if they had done other wrongs in their past.

We all come to the table with past experiences and I too have seen corruption within LE. For those that have not experienced it, it may be somewhat understandable to not realize it could even happen.

There are current lawsuits going on for years now in a nearby state of mine that involved LE totally fabricating evidence against what some would consider "low lifes". Those people that it happened too not only are out of jail now, but are suing the state for tons of taxpayer money because of the lying and fabricating of evidence against them and for the years they spent in jail for crimes they did not commit.

Not only that, but other real criminals were freed from prison and their prison terms wiped free just because they were prosecuted by the same LE individuals that were corrupt.

So these things do happen and with a high profile / high publicity case such as this, there is tons of pressure put on LE and I can see where the POSSIBILITY does exist to perhaps overcharge or bring in some wrong individuals. So LE needs to just make sure they dot their Is and cross their Ts and do things by the book.

If they dont, they will risk an awful lot. Let us hope LE is doing their jobs by the book and only prosecuting the proper individuals. Time will tell as the evidence and trials start.

We all want justice. But we want the RIGHT + PROPER justice for the right people and ONLY the right people.

:goodpost:


:seeya: Very well said, Hatfield !

 

[dog.gone.cute]

In the video interview that JP did, he stated that as LE interrogated him about the video, they continuously got "madder and madder" as he continued to deny any knowledge of the recording.

If this is true, it leads me to believe that LE does not have the video.

My opinion only.

:seeya: Just jumping off your post here :


I am going to take a "wild guess" here, but probably the TBI/LE in Tennessee videotape all their interviews ... does anyone know for sure ? TIA.

And if they do videotape the interviews, would just luv to see them.

Oh, wouldn't it be wonderful IF Tennessee had the Sunshine Laws like Florida !

:moo:

 

[tlcya]

1st BBM:

JMO but JP just did not suddenly find himself in the "Twilight Zone" ...

JP is fully aware of his half-brother, MP's criminal background, and he is fully aware of the A-Train Gang's career criminal background ...

Now, MAYBE JP did NOT hang out with this bunch ...

BUT imo, he was fully aware of who this bunch is ...


2nd BBM: I would hire a good attorney and sue the heck out of all of them !

:seeya:

as to yours in bold [eta and sentence just below that], yes, he makes it clear in the interview that he did not hang with this crowd but that everyone knew of them and their reputations preceded them. Which is part of why he claims he avoided associating with them. They were known as "trouble" and he wanted to avoid trouble.

 

[shefner]

Even if LE has the video footage in question, they would not show it to suspects. Not at this point.

I believe there is a video...not sure if they have it. But I imagine they several witnesses that have independently mentioned seeing it.

 

[tlcya]

I can't help but worry that this investigation is now being driven by topix conversations and the rumors that have been contained there since day one.

JMO

 

[jggordo]

I believe LE has a video of that time. I think it's quite possible that LE knows who the "file" was sent to and who "downloaded" it. Much the way they do in child cases. When we think of videos most of us think of the old VHS tapes. IMO this (these) recording(s) are from a cell phone device. With a device like that you can track who it was sent to and downloaded. LE is now going after those who knew what happened and obstructed justice and tampered with evidence that has existed all this time and did nothing.

JMO's

 

[dog.gone.cute]

I can't help but worry that this investigation is now being driven by topix conversations and the rumors that have been contained there since day one.

JMO

:waitasec: Ah ... but the A-Train was named there as the perps appx a year and a half after Holly was abducted ... And 2 of the A Train named there have been charged and are awaiting trial ...

Now on the other hand, yes, there are way too rumors over there !

:seeya:

:moo:

 

[SteveS]

Let's assume for a moment that this un-named witness WAS shown a tape of something by JP. And let's assume she sincerely thought she heard MP's voice on the tape and recognized it. There is a whole host of problems with this in terms of convicting either brother on charges of evidence tampering.

1. Without the tape itself, no one can judge what is actually on the tape.

2. Was the video taken actually of Holly Bobo? If so...when was it taken? No tape, no time stamp. Problematic. And without the tape as evidence, how is anyone to determine that the woman seen in the video even IS Holly Bobo?

3. Without the tape, we can not even judge if it is evidence of a crime. And if we can't do that, then how can we charge someone with evidence tampering?

4. The case against Mark Pearcy is even more problematic in legal terms. It is based on hearsay...actually, hearsay within hearsay. You MAY be able to introduce that testimony in a court of law...IF the witness is corroborating what is one the tape. But again...no tape, no evidence to get the testimony about the evidence introduced in a court of law.

5. And...the witness says she recognized MP's voice on the tape?! She didn't even see him on it?! HUGE problem there.

I'm sorry to have to contradict you, but very little of what you're saying here is accurate. A few particulars, without going through every line item by item, to make sure the understanding gets set straight of how these things work.

"1. Without the tape itself, no one can judge what is actually on the tape."

That is way off base, and a misconception of what evidence is.

If you don't have something (in this case, a legendary video), and it may no longer exist or may be unavailable to bring to court for some reason, then an alternative is to find people who have seen it and are willing to testify as to the details of what they saw.

"4. The case against Mark Pearcy is even more problematic in legal terms. It is based on hearsay...actually, hearsay within hearsay."

That's way off base as well. If someone says they heard his voice, then that itself is evidence (eyewitness, or maybe you want to call it earwitness, testimony). The person testifying is stating what they personally observed.

Hearsay would be if I saw the video, and told you I saw it, and then you testified that there was a video.

"Without the tape, we can not even judge if it is evidence of a crime"

Yes, you can. You can get the testimony of someone(s) who saw it, and ask what it showed.

Overall. the questions you raise are not questions of admissibility as evidence. Instead, they are things that come down to the testimony and cross itself, and are ultimately what a jury decides, as to how much weight to give things. If they believe her, and are convinced she was dead-on accurate in everything she said, they don't need a second person to be able to say the same thing, or the tape itself to back her up. BUT - the jury gets to decide what's good testimony, what's weak or needs to be ignored, what's enough, and what isn't.

 

[pearl]

IMO regarding the purported video.
If LE does not have the video in their possession at time of trial, it will come down to a she said/he said situation. The jury will believe whichever it feels is more reliable. TBI knows this. Charging someone with tampering with evidence when the evidence supposedly tampered with is not available to prove its existence doesn't just meet the hearsay bench mark, IMO, it harbors on false accusations. I wish we had a verified lawyer as a poster on Holly's forum. This person could help us with the many legal points we have raised.

If the video does exist and Mark Pearcy is heard talking on the video, IMO, he will be charged as ZA and JA have because he would be present at Holly's kidnapping.

 

[jggordo]

NC5_ChrisConte

2 hours ago
.





According to Chris Conte@NC5

Wonder why this happened??


"District Attorney tells us court appearance for #hollybobo suspect Mark Pearcy on Monday is canceled. Charges moved to Jackson @NC5"