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  1. #61
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    Quote Originally Posted by Dr. Know? View Post
    I don't know what they have or don't have as evidence against the P's. Actually what they have on any of them. A few pages back I did post that imo, Fed charges take precedence over state, I thought. It's happened in many cases that I've read about.

    To me, this possibly will delay prosecuting the guilty or at least some of them involved in Holly's murder.

    If they don't have the video, they could have more witnesses to testify that there was a video, etc...
    <BBM for Focus>

    Not always the case, Dr Know...
    The Feds were the last in line to prosecute serial killer Gary M Hilton, although the NC murders of John & Irene Bryant(10/17/2007), crime that the Feds prosecuted was committed prior to two state murders in FL(12/01/2007- death sentence) and GA(01/04/2008 - plea LWOP).. The two states successfully convicted and sentenced GMH before the Feds entered into a plea agreement of LWOP in 2011<three and a half years after the Bryant's murders>...



    Drifter indicted for deaths of NC couple at Pisgah National Forest
    http://www.goupstate.com/article/201...CLES/110629915

  2. #62
    SteveS is offline Attention: All my comments are IMO JMO MOO AFAIK etc
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    Quote Originally Posted by tlcya View Post
    So I think the arrests of Mark and Jeff P for the murder and tampering were based on the statements pertaining to the rape obtained from Dylan A and corroborated by the female witness.
    That set of events is not possible in the cause-and-effect order you theorize. Something that happens later cannot cause something that happened earlier.

    A rough timeline looks like this:
    May 2014 - female witness (allegedly) sees/hears video with MP
    June 2014 - female witness goes to the police with the video story
    later June 2014 - MP (and JP) are arrested on accessory/tampering charges
    Sept 17, 2014 - Dylan tells LE of destroying evidence on Apr 13, 2011 and of raping Holly 2 times
    Sept 18, 2014 - Dylan is arrested for tampering with evidence
    mid-Oct, 2014 - Dylan is arrested for rape

    So
    1 the arrests of Mark and Jeff P for the murder and tampering (June 2014) could not have been based on the statements pertaining to the rape obtained from Dylan (such statements being made on Sept 17, 2014, months after the Pearcy's had been arrested)
    2 the statement by the lady witness (made in May 2014) could not have been used in June (arrest date of Pearcy's) to corroborate what Dylan said about the rape, since at that time Dylan had not said anything about the rape

  3. #63
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    Fox, I do agree with you on this. That's why I didn't boldly come out and say, I know...for a fact...lol

    Federal charges do take precedence many times, and sometimes there are stronger charges with the state. GH is an example. Thanks for bringing that up.

    Hope all is well!

  4. #64
    SteveS is offline Attention: All my comments are IMO JMO MOO AFAIK etc
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    Quote Originally Posted by shefner View Post
    There was never the accusation that MP was pictured on the video...only that he had shown the video to someone else.
    Are you sure? I think you may have the allegations against MP and JP reversed.

    As I understand it, the connection to the (perhaps-mythical) video is as follows:

    *JP (allegedly) showed it to the lady witness.
    *The lady witness says she recognized the voice of MP on the (perhaps-mythical) video. It was unclear to me if she thinks she saw him on it, but to me the implication is that she did not, as her recognition was by voice.
    *When neither JP nor MP can or will provide the (perhaps-mythical) video, they are both arrested for perhaps destroying or concealing the (perhaps-mythical) video.

  5. #65
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    Let each and everyone who participated in murdering and torturing Holly, be sentenced to the equivilent of hell. Death or life. Just make it horrible for all of them.

    This wasn't for a reason. Nothing they could tell would make her death reasonable to anyone. Meth heads, meth heads and low life. Rid them from our life please. Wishful thinking, I know. The worst the first...
    Last edited by Dr. Know?; 10-16-2014 at 02:22 AM.

  6. #66
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    Little Jedi is offline "I am free of all prejudices. I hate everyone equally" W. C. Fields
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    So what's the status with JPs charges now ?

    ~ Sorry if I've missed this ~
    " The more we learn, the more we discover how much we do not know. "
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  7. #67
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    Quote Originally Posted by Mountain_Kat View Post
    Okay, let me see if I have my fact straight here before I comment further. Dylan Adams is Zach Adams brother, and he's the one who implicated Zach Adams in Holly's death, correct? And now Dylan Adams is admitting to having forcibly raped Holly? Was there anything else that implicated Zach Adams and Jason Autry, other than Dylan Adams' statements?
    Yes, there was Shayne Austin, who tried to make a deal with TBI but his information didn't lead investigators anywhere, so they revoked it. We were talking about this yesterday. His lawyer is trying to keep the deal but the circuit court hasn't decided yet. If they decide that Shayne is the one who actually broke the deal by misleading LE, then he is going to jail too.

    http://www.waff.com/story/25616241/h...turns-to-court

    He wouldn't have tried to make a deal with there wasn't something there about the others. He is trying to save his own neck, but he's in too deep.

    The reason he is important is because Holly's friend thought he was stalking her at the coon hunt dinner, and later worked with a sketch artist on a picture of him. So his name has come up from the beginning, and if he made a deal it's because he thought he was going to be thrown in jail with the rest of them.

    I'm the proud mother of a new attorney!
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  8. #68
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    Quote Originally Posted by Little Jedi View Post
    So what's the status with JPs charges now ?

    ~ Sorry if I've missed this ~
    Continuing for now, but I think it is just a matter of time before they are dismissed for lack of evidence. The charges against him are not going anywhere unless they have corroboration, and they clearly do not have that.

  9. #69
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    Quote Originally Posted by OldSteve View Post
    Okay, so Dylan Adams remains charged with 2 counts of rape. But what about Mark Pearcy, any charge relating to Holly remain?
    Jackson Sun usually has the answers:

    http://www.jacksonsun.com/story/news...dams/17316375/

    The charges have been dismissed without prejudice, the release said. This means the state will not pursue the charges that were filed against Dylan Adams and Mark Pearcy in General Sessions Court at the present time. But the state retains the right and discretion to refile any charges against them in the future.

    The charges against Pearcy in General Sessions Court were tampering with evidence and accessory after the fact. The charge against Adams in General Sessions Court was tampering with evidence.

    The two rape charges against Dylan Adams are not being dismissed and are "actively being prosecuted at this time," the news release said. Adams was indicted on two counts of rape on Tuesday, and those charges are in Decatur County Circuit Court.

    . . . The district attorney's office said it could confirm federal firearm charges are still pending against Mark Pearcy and that the state must wait until the conclusion of federal proceedings before obtaining custody of Pearcy to proceed with any state charges against him.

    I'm the proud mother of a new attorney!
    It's better to know some of the questions than all of the answers. ~ James Thurber
    The only thing necessary for the triumph of evil is for good people to do nothing ~ Edmund Burke
    Why shouldn't truth be stranger than fiction? Fiction, after all, has to make sense. ~ Mark Twain

  10. #70
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    Quote Originally Posted by ThoughtFox View Post
    Yes, there was Shayne Austin, who tried to make a deal with TBI but his information didn't lead investigators anywhere, so they revoked it. We were talking about this yesterday. His lawyer is trying to keep the deal but the circuit court hasn't decided yet. If they decide that Shayne is the one who actually broke the deal by misleading LE, then he is going to jail too.

    http://www.waff.com/story/25616241/h...turns-to-court

    He wouldn't have tried to make a deal with there wasn't something there about the others. He is trying to save his own neck, but he's in too deep.
    DA most likely had a deal as well, but the fact that he is being charged now almost certainly means that whatever he originally told LE could not be corroborated. If it could be corroborated he would be their star witness providing the details of events, so they would not charge him under those circumstances. So, him being charged now means that the original accusations could not be corroborated. I am guessing that they are trying to do the same thing with SA, but he is not stupid enough to implicate himself like DA.

    So DA has basically hung himself with his own statements, but the other two will likely get off. He will be the sacrificial lamb so the prosecution can save face. There will be a lot of hoopla and hand wringing, but DA will be offered up for conviction so they can say "well, at least we got one of them".


  11. #71
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    So, the charges against Mark Pearcy have been dropped , but the charges against Jeff Pearcy haven't been dropped? Didn't the phone with the alleged video belong to Mark? Or am I even more confused than I thought?

    ETA: Oh hell, nevermind. I see now that these charges against MP were dropped because he has federal gun charges that he must be prosecuted first. Which begs the question, "Didn't the DA know this before they charged him with the Bobo related offenses?". But I'm not asking, because at this point, I give up trying to figure out what the hell is going on here.
    People seldom do what they believe in. They do what is convenient, then repent. ~ Bob Dylan

  12. #72
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    Quote Originally Posted by oceanblueeyes View Post
    Exactly, and must be looked at with a jaundice eye. "Over there' others have said he has ADD and some say he is dyslexic. That will not be enough to overcome what he has said in his statements to LE.

    And if the defense team goes down this slippery slope I don't think it will end well for them. If they use Dylan's low IQ then imo, the jury will believe that he didn't have enough intelligence to concoct these statements and stick to them. And since DA Stowe has said they have a voluminous about of evidence against ZA and JA the evidence is also going to line up with Dylan's statements to police, imo.

    At least Dylan has admitted that he was involved in raping Holly twice and I am sure the 'mattress' evidence will support that and may support more charges being brought against others. We all know by now that the TBI and this DA goes at their own pace.

    I don't know who else may testify but I do think Dylan will. They may not have charged him with murder for now but told him they can do that at anytime if he fails to testify truthfully.

    I believe the only one involved who has been truthful is Dylan. I sure wish the other sub-humans would man up and confess their role in Holly's rapes.

    And ZAs knows Dylan knows the truth and that is why he threatened to put him in the same hole with Holly.

    IMO
    That is not really the point.

    Let us assume that DA has a low IQ.

    Irrespective of that, he has been cooperating with LE on this case for about a year now, and just in September he tells them stuff that results in him being charged. What that means is that all the stuff he told them before is not truthful.

    Now, lets us assume the prosecution offers him some sort of deal and gets him to testify in court.

    The first thing the defence is going to do on cross is rake him over all the stuff he told police prior to September that was not true. They are going to go back and forth to poke holes in his story, reveal the contradictions and insist he explain. Remember, this is a guy with an IQ of 70, we are told. How well do you think he is going to stand up to cross examination from a lawyer who most definitely has an IQ considerably higher than that.

    He is going to be a sitting duck and the defence is going to rip whatever his testimony is to shreds. Then later, in closing, they will point out all these contradictions to the jury, and point out that DA has been given multiple rewards for his co-operation. Firstly on his original unrelated charges, and secondly on charges related to Holly. So, the defence will argue, he has every incentive to lie, and not only that, has already lied or mislead LE. He cannot be believed. The defence will then offer an alternative scenario, namely that DA and DA alone was responsible for Holly, since he is the only one implicating himself. A plausible alternative scenario establishes reasonable doubt. Reasonable doubt results in acquittal. IMO this will be the defence tactic if the trial goes ahead and DA is used as a state witness. He is a liability for the prosecution, but he is also critical for their case. Therein lies their dilemma.

    The only way the prosecution can counter that is if they can corroborate what he claims, but they were apparently not able to do that for a year. Remember, that had already executed warrants multiple times prior to the ones done in September, so, if there was material evidence there, they should have found it because that is specifically what they were looking for. That means that whatever physical evidence they might gather at best might implicate DA, but probably not the others.

  13. #73
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    Are they still looking for Holly's remains or any evidence out there? I mean, like an active search hunt?
    When I read this thread yesterday, I was sick. I can't believe this is where this is going.....
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  14. #74
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    Quote Originally Posted by shefner View Post
    There was never the accusation that MP was pictured on the video...only that he had shown the video to someone else. The federal charges will be handled first...then we will see what happens with MP.
    Correct but surely filming a rape of a kidnap victim would be considered participating in the rape? There would have to be some sort of rape related charge for the person accused of filming such a horror - no?
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  15. #75
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    Quote Originally Posted by Tugela View Post
    That is not really the point.

    Let us assume that DA has a low IQ.

    Irrespective of that, he has been cooperating with LE on this case for about a year now, and just in September he tells them stuff that results in him being charged. What that means is that all the stuff he told them before is not truthful.

    Now, lets us assume the prosecution offers him some sort of deal and gets him to testify in court.

    The first thing the defence is going to do on cross is rake him over all the stuff he told police prior to September that was not true. They are going to go back and forth to poke holes in his story, reveal the contradictions and insist he explain. Remember, this is a guy with an IQ of 70, we are told. How well do you think he is going to stand up to cross examination from a lawyer who most definitely has an IQ considerably higher than that.

    He is going to be a sitting duck and the defence is going to rip whatever his testimony is to shreds. Then later, in closing, they will point out all these contradictions to the jury, and point out that DA has been given multiple rewards for his co-operation. Firstly on his original unrelated charges, and secondly on charges related to Holly. So, the defence will argue, he has every incentive to lie, and not only that, has already lied or mislead LE. He cannot be believed. The defence will then offer an alternative scenario, namely that DA and DA alone was responsible for Holly, since he is the only one implicating himself. A plausible alternative scenario establishes reasonable doubt. Reasonable doubt results in acquittal. IMO this will be the defence tactic if the trial goes ahead and DA is used as a state witness. He is a liability for the prosecution, but he is also critical for their case. Therein lies their dilemma.

    The only way the prosecution can counter that is if they can corroborate what he claims, but they were apparently not able to do that for a year. Remember, that had already executed warrants multiple times prior to the ones done in September, so, if there was material evidence there, they should have found it because that is specifically what they were looking for. That means that whatever physical evidence they might gather at best might implicate DA, but probably not the others.
    Whether you wish to believe it or not the NEW DA has said the evidence against ZA&JA is 'VOLUMINOUS." So it is illogical to think nothing was found against the two main suspects when search warrants were done.

    In fact once the three day search warrant in February 2014 was completed of Zach Adams home and property shortly after he was arrested for the specific charges of aggravated kidnapping and murder with JA following shortly afterwards. At that time according to Dylan's mom the TBI had just begun to talk with Dylan the night before his brother was arrested. So all that they have against ZA&JA is not just the words of Dylan Adams.

    In an investigation of this magnitude it is always a work in progress and when more is revealed other search warrants are obtained now looking for specific items...i.e..mattress most likely in Zach Adams' bedroom and the flooring taken, again most likely in Zach Adams bedroom.

    Who has said that Dylan has lied? I have not seen that verified anywhere. It is rather typical that all who are being interviewed by LE doesn't tell everything they know right off the bat. The police knows that and often it takes numerous interviews for the person to tell everything they really know so that is why they continue talking to the person rather than doing one interview and that's it.

    I don't think Dylan has lied. What he is doing is little by little is giving more information and confessing to his own part in this viscous gang rape.

    On one hand you want to conveniently make him into having a low IQ but then are trying to say he was the sole mastermind behind the entire kidnapping, rapes and murder and the jury is going to believe that.LOL! That is not going to fly because it makes no sense. This was Zach Adams home where he lived and he was right there being ringmaster along with his **** buddy, JA.

    Dylan Adams will not be the 'get out of free' card for either main suspects. He will be deemed credible on the witness stand. IF he does have a low IQ that will work in his favor because it shows him incapable of being the mastermind behind Holly's kidnapping, rapes, and murder. Along with his testimony DA will enter the voluminous amounts of evidence Stowe said he has against ZA&JA. Dylan is not the leader in that family. He is a follower and I have no doubt that several witness will testify to that. His narcissistic violent sociopathic brother masterminded all of this along with JA.

    Reasonable doubt is very easy to say and much much harder to obtain. That is obvious since the majority of trials end in convictions. The kicker is 'reasonable' and there is nothing reasonable that Dylan was the only one involved.

    I have seen that defense strategy tried many times against the key witness. I have seen witnesses come in shackled and chained, yet time after time, after time, after time, the jury does believe the witness even though they have baggage of their own. They are believed because other evidence entered supported their testimony. This will be the case here.

    When DA Stowe announced he has voluminous evidence in these cases he meant it and once all of these cases come to trial some will be shocked about how much evidence they really did have.

    If I had a dollar for every time I have seen it posted 'I don't think they have any evidence to prove the case' I could go out and have a fantastic lobster and steak dinner several times over.

    Why some wish to believe this I have no clue. It is like 'well if they don't disclose all the evidence they have to the public at large that must mean they don't have any.'

    ZA&JA will be convicted based on eye witnesses backed up by the voluminous evidence that has been collected showing guilt. No DA goes to trial and even is considering the death penalty based on eye witness testimony alone.

    That is why DA Stowe hasn't budged one inch on the charges against ZA&JA.

    And reasonable doubt rarely results in an acquittal. At best it may cause a hung jury with one lone wolf holdout but 12 people who sit on this case are never going to agree that reasonable doubt exists in this case.

    It is far fetched to think the recent SW didn't reveal any further evidence against ZA&JA. It was just done less than a month ago. Forensic evidence on any case comes back periodically and takes time. And at anytime the police or DA can decide to have further evidence forensically tested they have in their possession. That is why in many cases like this the discovery continues to come back in even months or years later. I have seen other cases where forensic lab results were still coming back shortly before trial and those were cases where the defendant had been in jail awaiting trial for years.

    The only ones in the courtroom that will be leaving duck feathers everywhere is the two that are charged.

    IMO
    Last edited by oceanblueeyes; 10-16-2014 at 09:59 AM.
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