GA - TRIAL OF Ryan Alexander Duke & Bo Dukes - Tara Grinstead, 29, Ocilla, 22 Oct 2005 *Guilty/Not Guilty*

they used dowsing rods to show how they searched the burn pits for human remains.

He replicated that using animal bones in court this morning.
 
for Monday, May 16th - Day 7

Phil Holloway™ ⚖️✈️
@PhilHollowayEsq
·
3h
I’m back at the Irwin Superior Court for the 1st time in ~25 years. This time for the 2nd week of the #TaraGrinstead murder trial of #RyanDuke. Will we see Bo Dukes in here this week? Will Ryan Duke testify? So many things could happen.


Agent Crosby from the GBI is on the stand in the #TaraGrinstead murder trial. He's a crime scene expert who's one of the first who investigated the burn site looking for human bones - says he found household trash near where bones were located

GBI agent is testifying that household debris is found in what's being called a "burn pit" in the #TaraGrinstead trial

This is an interesting demonstration on how bones may be located, but I don't think this will shed any light on who killed #TaraGrinstead or why or under what circumstances

More testimony about how the #TaraGrinstead "burn pits" were excavated.

Only one cross exam question about where this was. It was all in Ben Hill County. This goes to the issue of venue.

Next up in the #TaraGrinstead trial is a bone identification expert from Texas

She will say the DNA analysis in 2017 on suspected remains of #TaraGrinstead revealed the bones were of a human female

The DA is literally passing around bone fragments of suspected remains of #TaraGrinstead to the jury where they can hold and touch them, although they are sealed in bags

Expert testimony is that the DNA is inconclusive and can't be positively linked to #TaraGrinstead because it was degraded and damaged from being burned and charred

There were NO cross examination questions for the #TaraGrinstead bone expert... this presentation did not move the needle in the case IMHO

Former GBI Agent Holland testifies in the #TaraGrinstead trial - he was the other agent who was in the room when #RyanDuke was interviewed. I don't think this testimony will add much either but I am interested to see what cross exam questions will be asked


No cross exam questions for former agent Holland BUT the defense asks for him to be subject to recall and under subpoena in the #TaraGrinstead trial... wonder what they have planned

GBI latent print expert in the #TaraGrinstead testifies about prints in Tara's car. Some prints excluded Bo Dukes and #RyanDuke and some others were inconclusive. Same for the front door of the house.

So far, the witness is not able to put any #RyanDuke prints at #TaraGrinstead's house

What about the glove? 3 prints found on the glove. She says 2 are Ryan Duke's

My impression of this testimony is that the #TaraGrinstead jury is a little bored. It's very technical and perhaps could be presented a little more clearly with less legalese and tech jargon

If this is the final witness in the State's case in chief in the #TaraGrinstead trial, there will be a hearing on a motion for directed verdict once the state rests. This hearing is obligatory. But in this case, I wonder if the statute of limitations will be raised at that point


Moving very quickly this morning with the tail end of the state's case in the #TaraGrinstead trial. We are hearing from GBI latent print expert - not sure but she MAY be the final state's witness


link:
 
Since I really don't have time to listen to the trial - can someone give me the names of these people called.

Agent NEED FIRST NAME Crosby from the GBI.
Bone identification expert from Texas-no name given.
Former GBI Agent FIRST NAME Holland.
GBI latent print expert -no name given.

TIA! :)
 
Phil Holloway™ ⚖️✈️
@PhilHollowayEsq
·
30m
Atty John Merchant begins his cross by asking about "confirmation bias"

Also she admits #RyanDuke prints were not on #TaraGrinstead home or car. Only the glove. No surprise on that point.


GBI fingerprint expert admits on cross that the images of the prints were not "ideal"

I do get the feeling she will be the State's last witness before resting in the #TaraGrinstead trial... not completely certain though


Oh wow! The print expert was not asked by prosecutors to bring the actual prints she worked on to show the #TaraGrinstead jury

She also admits these prints were not of good quality - not good enough to be entered into national AFIS database


link:
 
Oops - missed this part:

BREAKING NEWS: The State has rested in the #TaraGrinstead murder trial of #RyanDuke

Phil Holloway™ ⚖️✈️
@PhilHollowayEsq
·
39m
Replying to
@PhilHollowayEsq
Defense is making motion for directed verdict in the #TaraGrinstead case. Initial arguments have to do with "corroboration" of the confession. This is interesting because there really is no independent corroboration of homicide as cause of death. This is NOT a specious argument

Defense points out that other than the #RyanDuke statement, there is no evidence that any crime occurred inside the #TaraGrinstead home. Also that there is no proof the latex glove was present at her house when she died. Or that she died in Irwin County.

Defense.jpg

I always knew "corroboration" would be a problem for the state in the #TaraGrinstead case. Defense correctly points out that Ga has a statute requiring corroboration because false confessions are real. This is a fascinating but complicated legal argument.

#RyanDuke lawyer Ashleigh Merchant argues that there is zero corroborating evidence in the record that #TaraGrinstead died of a homicide in Irwin County, Georgia. It is a compelling argument too. These are highly academic legalistic arguments.

State naturally argues there is sufficient corroboration. She is correct that only slight corroboration is required under Ga law. But in a murder case, more corroboration of "corpus delicti" is needed in Georgia. That includes manner of death. This is a significant problem IMHO

State.jpg

In the event of a conviction in the #TaraGrinstead trial, this issue will be a major focus of the appeal. I predict the judge will deny this part of the motion for directed verdict. Statute of limitations however, I think the non-murder charges may get tossed. We shall see

Unsurprisingly, the state says the infamous latex glove in the #TaraGrinstead corroborates the #RyanDuke confession. The glove however does not IMHO corroborate cause of death which is part of the "corpus delicti" - even Agent Shoudel admitted the glove doesn't prove how she died

Clearly the lawyers have given Judge Reinhardt a lot to think about over the lunch break in the #TaraGrinstead case. I am told he recently granted a directed verdict in another murder case.

And we still have not reached the statute of limitations issues yet

Judge.jpg

Ashleigh Merchant tells the judge the charges against #RyanDuke should be dismissed since a confession cannot corroborate itself. We still have not heard arguments on statute of limitations on the remaining #TaraGrinstead charges yet


link: https://twitter.com/PhilHollowayEsq
 
Judge denies Motion for Directed Verdict; Defense says they wish to present their case evidence to the jury now.

Before bringing jury back in State mentions on the record that Bo Duke has counsel and has stated his intention to plead the 5th. Defense says they did not intend to fall Bo today but seems like they wanted to and/or will in the future. Hard to make out on the audio but it appears that State wants to exclude some or all of Bo testifying….? Could anyone hear that better (abo it State’s Motion)?
 
Judge denies Motion for Directed Verdict; Defense says they wish to present their case evidence to the jury now.

Before bringing jury back in State mentions on the record that Bo Duke has counsel and has stated his intention to plead the 5th. Defense says they did not intend to fall Bo today but seems like they wanted to and/or will in the future. Hard to make out on the audio but it appears that State wants to exclude some or all of Bo testifying….? Could anyone hear that better (abo it State’s Motion)?
the prosecution does not want the defense to call Bo - full stop

John Merchant will submit a brief on this tonight or tomorrow
 
Phil Holloway™ ⚖️✈️
@PhilHollowayEsq
·
21m
The defense in the #TaraGrinstead case leads off with psychologist Dr. Christopher Tillitski - who is a false confession expert but is offered as an expert in forensic psychology. The court will not let the defense call him a "false confession" expert

13m
ADA isn't willing to stipulate Dr. Tillitski is an expert so she's trying to discredit his qualifications. This is something you don't see often. He's well qualified.

DA doesn't want jury to hear his opinion as to the psychological factors at play in #TaraGrinstead confession

7m
Defense in #TaraGrinstead trial is using this psychologist as part of their "false confession" theory. The doctor's opinion is that #RyanDuke has a personality trait that would make him "agreeable" when being questioned

link: https://twitter.com/PhilHollowayEsq
 
@PhilHollowayEsq

Next defense witness is Jerry Williams in the #TaraGrinstead trial - he was the owner of the trailer where #RyanDuke and Bo Dukes lived when Tara was killed in 2005


Image


1:16 PM · May 16, 2022

Next up for the #RyanDuke defense in the #TaraGrinstead trial is John Olmstead who lived across the street from Tara when she disappeared in 2005. He says Tara's car was not there during the time frame the state says she was killed


1:06 PM · May 16, 2022·

One of the major challenges in trying a case 17 years like the #TaraGrinstead after the fact is that witnesses like Mr. Olmstead have faded memories... he is having his memory refreshed by looking at his original statement to the GBI


Image


1:10 PM · May 16, 2022

3rd Defense witness in #TaraGrinstead trial is John Harper-was interviewed by GBI. Lived across the street from Tara. Had good view of carport, seems to be establishing timeline of the car coming & going to support theory that Tara was not home when the state says she was killed


Image


12:32 PM · May 16, 2022
 
@PhilHollowayEsq

Next up in #TaraGrinstead trial is Det. Bill Barrs - Ocilla Police. Testifies for defense so they can introduce a better view of the lock on Tara's door No Cross Exam


12:25 PM · May 16, 2022

@PhilHollowayEsq

The defense in the #TaraGrinstead case leads off with psychologist Dr. Christopher Tillitski - who is a false confession expert but is offered as an expert in forensic psychology. The court will not let the defense call him a "false confession" expert


Image


10:12 AM · May 16, 2022·


@PhilHollowayEsq

Defense expert in #TaraGrinstead trial explains that he gets appointed by judges to do psych evals and that he's not just a defense "hired gun" Much fewer objections on re-direct. Jury listening intently


Image


12:00 PM · May 16, 2022

Defense expert explains to the #TaraGrinstead jury why the leading questions in the #RyanDuke interview were inappropriate. He says "objective" open-ended questions are better, that "suggestive" questions can even affect what people think they remember

12:04 PM · May 16, 2022

BREAKING NEWS: The State has rested in the #TaraGrinstead murder trial of #RyanDuke


Image


8:26 AM · May 16, 2022
 
@PhilHollowayEsq

Defense is making motion for directed verdict in the #TaraGrinstead case. Initial arguments have to do with "corroboration" of the confession. This is interesting because there really is no independent corroboration of homicide as cause of death. This is NOT a specious argument


8:31 AM · May 16, 2022·

Defense points out that other than the #RyanDuke statement, there is no evidence that any crime occurred inside the #TaraGrinstead home. Also that there is no proof the latex glove was present at her house when she died. Or that she died in Irwin County.


8:34 AM · May 16, 2022·

I always knew "corroboration" would be a problem for the state in the #TaraGrinstead case. Defense correctly points out that Ga has a statute requiring corroboration because false confessions are real. This is a fascinating but complicated legal argument.


Image


8:39 AM · May 16, 2022

#RyanDuke lawyer Ashleigh Merchant argues that there is zero corroborating evidence in the record that #TaraGrinstead died of a homicide in Irwin County, Georgia. It is a compelling argument too. These are highly academic legalistic arguments.

8:44 AM · May 16, 2022·

State naturally argues there is sufficient corroboration. She is correct that only slight corroboration is required under Ga law. But in a murder case, more corroboration of "corpus delicti" is needed in Georgia. That includes manner of death. This is a significant problem IMHO


Image


8:48 AM · May 16, 2022·
 
@PhilHollowayEsq

In the event of a conviction in the #TaraGrinstead trial, this issue will be a major focus of the appeal. I predict the judge will deny this part of the motion for directed verdict. Statute of limitations however, I think the non-murder charges may get tossed. We shall see

8:51 AM · May 16, 2022·

Unsurprisingly, the state says the infamous latex glove in the #TaraGrinstead corroborates the #RyanDuke confession. The glove however does not IMHO corroborate cause of death which is part of the "corpus delicti" - even Agent Shoudel admitted the glove doesn't prove how she died


Image


8:55 AM · May 16, 2022

Clearly the lawyers have given Judge Reinhardt a lot to think about over the lunch break in the #TaraGrinstead case. I am told he recently granted a directed verdict in another murder case. And we still have not reached the statute of limitations issues yet


Image


9:02 AM · May 16, 2022

Ashleigh Merchant tells the judge the charges against #RyanDuke should be dismissed since a confession cannot corroborate itself. We still have not heard arguments on statute of limitations on the remaining #TaraGrinstead charges yet

9:07 AM · May 16, 2022
 

5/16/22

OCILIA, Ga. — Prosecutors have rested their case in the murder trial for the man charged in killing a south Georgia teacher and beauty queen.

The state wrapped up its case against Ryan Duke on Monday after five and a half days of testimony.

[..]

Duke’s defense lawyers are arguing there hasn’t been enough evidence that he killed Tara Grinstead and want the judge to toss out the case.

The state’s final witnesses focused on potential prints at Grinstead’s house and the search for bones in a wooded area where Duke confessed to burning Grinstead’s body.

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Jurors one by one looked at the some of the bone fragments found at the burn site, the fragments wrapped inside plastic bags.

Prosecutors brought in a human bone expert from Texas who had examined the bones but couldn’t identify if they specifically belonged to Grinstead.

“Is there any way to know if the bones we have looked at belong to one single person?”

“It does not,” Romy Franco said.

“The data was just too damaged and degraded to report any … for us to report any viable results,” Franco said.

The defense’s case may be short with as few as three witnesses.

The defense is expected to try and call Bo Dukes, the man they finger as they real killer, to the stand. He’s expected to plead the fifth and refuse to testify because of other outstanding charges.
 

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