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Friday, May 19, 2017

The Tara Bottle and Other Stories


Photo: A Coca-Cola bottle with the name "Tara" sits in The Ocilla Star office during my interview with "Oscar."

The Tara Bottle and Other Stories

Warning: This report contains graphic details that most will find disturbing, so read with caution.

When I started writing about recent events last week, I knew exactly how I was going to write it. I was going to start by talking about my friend Daniel, who is one of those people who wants explanations to be simple. For instance, he thinks that what happened to Tara Grinstead must be very close to what the Georgia Bureau of Investigation alleges.

Daniel thinks that many people don't want the story of Tara's disappearance to end, so they entertain wild, even weird stories that seem at least improbable. There's probably some truth to that.

He told me to write a blog post with the weirdest stories I've heard just to show how ridiculous some of the theories are. I said something like, "But Daniel, I don't know that the weirdest stories I've heard aren't true."

And that's true enough.

From there, I would have told about various strange stories I've been told in recent weeks, and why they might be believable, and why they might not be. Then, I would have tried to create a scenario that closely fit the GBI allegations and the stories I believe have been told by Bo Dukes and Ryan Duke. Then, I would have shown the flaws or weaknesses in that scenario, such as trying to explain how a small man like Ryan could put a body in the back of a truck by himself. No one seems to think that would be very easy, and some seem to think it would be impossible.

But I ran into problems last week in the midst of writing my story. An apparent carpal tunnel issue caused my thumb to go numb. Then, a sudden loss meant I spent time with grieving friends, family and extended family rather than writing. And in the midst, certain events made me consider ending or changing my coverage of Tara's death and disappearance.

And then, as with most weeks, a lot happened this week in regard to the case, so my writing plans I had last week are pretty much shot. So, instead, I'll just start from the beginning, or where I left off, which really starts with my blog post "The Stories of Ryan and Bo?" which was published almost a month ago.

I thought it might be my last blog post about Tara's case, at least for a while, because I felt like I had learned what I was trying to figure out for months: What Ryan and Bo were telling the cops. But it also proved to be my second most popular post with more than 30,000 views, and suddenly people were coming to me with stories like never before.

One guy who called me had several stories to tell, and I'll call him Oscar, ironically because he was a nice guy, not a grouch. I could tell Oscar really cared about sharing his story and hoped it would lead to the truth of what happened to Tara. He had already shared his stories with the GBI, but I don't think he was confident the truth was known. I share that sentiment.

Some of the things Oscar had to share were about the man the Up and Vanished community has taken to calling "Buddy," a man who claimed to know who killed Tara and who later committed suicide.

This is a touchy subject for me because Buddy's brother, whom I will call Angelo, is one of my oldest and best friends, so I especially don't in any way want to harm their family, but Angelo also seems to want to clear Buddy's name, in a way, so I've decided to tell Buddy's story, as I know it.

It was 2008, I believe, and I was the city editor for The Tifton Gazette working by myself late one night, when a mutual friend of mine and Angelo's called me. The mutual friend told me Angelo's brother was freaking out because the people who killed Tara Grinstead were out to get him. I told our friend that if Buddy knew who killed Tara that law enforcement needed to know, so I called the Irwin County Sheriff's Office.

Later that night, Angelo called me and told me that deputies showed up, questioned Buddy, and determined he was just mentally disturbed.

Warning: This is about to get graphic.

Later, Angelo told me more of what his brother believed. Buddy told him that he and a friend encountered the killer or killers on a dirt road. Buddy said the killer or killers had a "black girl" with them in the trunk of a car, and he and his friend were forced to carve their initials in her flesh and rub their DNA on her, so that if they ratted the killer(s) out, they too would be implicated.

I know that story sounds hard to believe, and one reason I personally found it hard to believe is that I did some research and could not find any missing black women or unsolved murders of black women in Georgia from around the time Tara went missing. Then, once I started hearing rumors that Tara's body was burned, I came to a horrendous idea.

What if it wasn't an African-American girl? What if it was a charred female body? What if it truly was a "black" girl?

According to his brother, Buddy was warned to leave the state so he went to Tennessee, but after he still received threats, he fatally shot himself about a week after arriving in the other state.

I was told the Tennessee Bureau of Investigation investigated and turned Buddy's suicide note over to the GBI. Somehow, Dr. Maurice Godwin obtained a list of names of people mentioned in the suicide note. I've heard varying numbers, but the list I've seen has 16 names. Some, probably all of these people were interviewed by the GBI, and the fact that none of them are in jail indicates to me that they probably had nothing to do with Tara's death.

Ryan Duke and Bo Dukes are not among the 16 names.

That is one reason to doubt the veracity of Buddy's claims, but there are others as well. Buddy supposedly went to show Angelo a message he received on a cell phone, but no message was there, and this was in the days before Snapchat and disappearing text messages. The guy who was supposedly with Buddy reportedly denied the story. And while I think his word might not count for much more than Monopoly money, Bo Dukes seems to have said that Buddy did not know anything, at least according to communications I've seen that allegedly originated with Bo.

Payne Lindsey devoted a lot of time in the early days of the Up and Vanished podcast to Buddy's story. He explored the possibility that a car wreck may have caused a head injury that made Buddy delusional. While Payne seemed to find that scenario was possible, the experts he talked to also seemed to express that it was highly unlikely. While it could be that Buddy really did have some mental issues, it could be that he was sane and his claims were real. And certain things I've learned recently at least make his stories seem plausible.

And it started with Oscar.

One of the first things Oscar told me was that Buddy died only a few days after Ryan Duke was arrested and charged with DUI, and Oscar was right. Ryan was arrested twice on suspicion of DUI, according to arrest reports. He was arrested once in Tifton in 2008 and again in Ocilla in 2010.

Shortly after one of those arrests, less than a week later, Buddy died. That's a pretty big coincidence. It could also just be a coincidence, but it makes you wonder if someone was afraid that Ryan was arrested for reasons other than DUI and was afraid of what he might say to the police.

Of course, Angelo said Buddy was being threatened and with Ryan in jail at least part of the time and since I believe Bo was in the Army at the time, it makes me wonder who could have been threatening him.

Angelo said Buddy mostly talked about people from Wilcox County when he spoke about Tara Grinstead. In particular, he spoke of fearing a drug dealer from Wilcox County.

For those not from the area, Irwin County is where Tara lived and taught school. Ocilla is the county seat. Ben Hill County is directly north of Irwin, and that is where a pecan orchard was searched in February for Tara's remains. Fitzgerald is the county seat. Wilcox is a county north of Ben Hill, not too far from the location of the pecan orchard. Abbeville is the county seat.

Bo Dukes, from what I understand, has lived in Wilcox County at different points in his life and probably has social ties there. One of the key pieces of information we've been trying to figure out lately is where exactly Bo and Ryan lived as roommates in 2005. There's a possibility they lived in Wilcox County, but even if they did, that may have nothing to do with Buddy or his claims. With the exception of the possibility of Bo and Ryan, I had never heard of anyone who lived in Wilcox County being possibly involved in Tara's disappearance.

But then Oscar told me another story.

If you're from around the area, you've seen some of the many missing posters featuring Tara. Oscar told me that he saw a man from Wilcox County, a guy about the same age as Ryan and Bo, back away from one of those missing posters "as if a rattlesnake bit him," Oscar said. He said the man exclaimed something like, "I saw that girl burned down there!"

Oscar wasn't sure of the exact details of what was said next, but he said the man mentioned something about two men in a Ford Ranger. The man's father seemed to try to shut the man up, and the father said something about the man witnessing a fiery car wreck, but I don't think Oscar believed him. This was in approximately 2014, Oscar said.

This is morbidly thought-provoking because there are persistent rumors that Tara's body might have been burned in front of other people, particularly at a party maybe a week after she disappeared. If so, some of the people might not have known, although Oscar's story of the "snake bit" man makes it seem at least possible that some others did know what was happening.

Oscar also told me another story about how someone told him Buddy and another man were involved in the disappearance of a woman. Now, the word "involved" can mean a lot of things. When I go to cover a football game for the newspaper, you could say I was involved in the football game, but that doesn't mean I played quarterback. I think that what Buddy claimed about knowing who killed Tara could be construed as "involvement" without him actually being involved in killing her.

My point about all this is that the other man who was said to be "involved" was also from Wilcox County.

Finally, Oscar also told me a story that had nothing to do with Buddy. He told about how a relative of his, who is now deceased, gave a drunk young man a ride home from the White Horse Saloon in Fitzgerald one night in, he believes, late 2005. The drunk man said that sometimes he blacked out from getting drunk. The drunk man said that one night he blacked out and someone told him he killed someone.

Oscar's relative didn't know the man's name, and he's no longer around to identify him, but Oscar clearly wondered if the drunk man his relative met was Ryan Duke.

Even more than the strange stories Oscar told me, what happened in the midst of our conversation may have been weirder and was definitely spookier.

Oscar arrived at my place of work, The Ocilla Star office, drinking a bottle of Coca Cola. As he told his stories and I contemplated their meaning, I found myself staring at his bottle. And then I realized what it said:

"Tara."

My arms erupted in goose pimples so badly it looked like flesh-colored bubble wrap. I pointed the bottle out to Oscar and his arms did the same thing. He lowered his head and hid his eyes from me. He later told me he was nearly in tears. He refused to drink another drop from the bottle.

I don't believe in signs or portents or ghosts or spirits. I don't believe in anything supernatural, but I'm also not so arrogant in my beliefs to completely ignore what could be a message. Although that was likely a coincidence or even a subliminal choice of the "Tara" bottle by a man with Tara on his mind, that doesn't mean I ignored it. In fact, I kept the bottle.

But like so much about this case, I don't know what to make of it either.

So, that night, after talking to Oscar, I was intrigued by the leads he gave me. So, without revealing the stories I was told, I asked the members of a private discussion group if they knew anything about Buddy. A friend set me up with a phone call with a woman who seemed to have information about him. I will call this woman Naomi.

I won't go into the specifics of how Naomi obtained her story, but if what she said is true, the original source of the story is the GBI. It's a doozy though.

She said "They tortured that poor girl," and moved her body three times. She was unsure of who went to Tara's house, but she said whoever it was propositioned her and she refused. She said the person or persons got offended by the refusal, and that led to her murder.

I've heard other versions of the culprit or culprits getting offended and angry, but sometimes the details vary. It's one of the few plausible motives I've heard.

Naomi said that first Tara's body was taken to a pond where a cinder block was tied to her feet and they tried to submerge her in the pond. A pond was searched in 2015 that was just north of Fitzgerald, just a few miles from the pecan orchard which was believed to be her resting place for the past 11 years. I was told by multiple sources at the time that all they found was a block with a rope tied to it, which could have been used as an anchor for a Jon boat, but if this story is true it could have been used for a more nefarious purpose.

She said that after 3 or 4 days, they removed the body from the water and moved it to an unoccupied house on Snapdragon Road in Irwin County. This house is infamous in the community devoted to solving this case. The house burnt down only 2 weeks after Tara went missing, and the GBI did an extensive search of the husk of a building. Reportedly, cadaver dogs hit on some locations at the house, and although some were explained away as sewer lines which can confuse cadaver dogs, I've never heard an explanation for why the back glass of a burned SUV parked there supposedly was hit on by a dog.

Naomi said they tried to burn the body at Snapdragon but just charred it. She said they moved the body and then encountered two guys on a dirt road. And now we're back to Buddy's story.

Naomi said the two guys were riding four-wheelers, and although Buddy's brother Angelo did not know that detail, he said it made sense. He said Buddy and his friends often rode four-wheelers, and the guy who was supposedly riding with Buddy has family in the area, but that reminds me that I haven't told the area, at least, where we believe this happened, if it happened at all.

Angelo said the encounter happened on a bridge on a dirt road. There are not many bridges on dirt roads in Irwin County, but one such bridge is on Daisy Road in eastern Irwin County, only a few miles from the house on Snapdragon Road. The bridge covers Little Brushy Creek, a wide, swampy bit of brown water that flows east eventually into the Atlantic Ocean.

The bridge area and the creek there were searched by the Irwin County Sheriff's Office 13 months after Buddy died. However, the source of the tip did not seem to be Buddy. Sheriff Donnie Youghn told me at the time that he could not reveal the source of the tip because it would put the tipster in danger, which obviously would not apply to Buddy. The local television station, WALB, reported that the tip came from a neighbor who witnessed two men acting suspiciously on the bridge a few days after Tara went missing.

Warning: Things are about to get graphic again.

Naomi said the reason Buddy said it was a black girl was because her body was charred. She said the killer or killers made Buddy and the other man carve their initials in her flesh. 

She said that from there, they took her body to the pecan orchard, where a wood chipper was used. She said that afterward, they burnt the remains repeatedly and then covered them with pine straw. I've heard independently that the remains that were found were not really buried, so that sounds like it could be true, even if horrifyingly gruesome.

Could all that be true? I think it's possible, but I admit that it sounds like someone took every story they've heard and put them all together. But that doesn't mean it's not true. All these stories had to originate somewhere and some of them seem to resonate.

So, about the same time I was learning all these stories, I also went through the ordeal with the Grand Jury investigation, which I won't rehash since I already wrote about it in "I Hope This Doesn't Land Me in Jail." Nothing else has happened with that, so maybe I was being paranoid, but when the GBI and the district attorney tell you not to do something you've already done and you damn well know you're going to do again, you get a little nervous.

Then, last week, on top of everything else from my numb thumb to the Dave Prater Music Festival, I finally bought a car! I've been meaning to write more about that to thank the people who helped me buy it, but the thumb and other circumstances have conspired against me. My description of the car is coming soon.

But another thing happened last week which also affected my urgency to write. You know how I mentioned that Buddy left a suicide note and 16 names were mentioned in it? Someone released those 16 names last week. While I disagreed with that choice, it was the reaction to the release of the list that really distressed me.

I first learned about the release of the list when a friend contacted me and told me that several people on the list had received a copy of it. They were understandably not happy. Then, I saw some reactions that made me question the morality of the fervor that surrounds this case.

Someone said that all the names on the list were fair game for investigating. I disagree. Maybe for the GBI. Maybe for a private investigator like Dr. Godwin. Maybe even for a journalist like me or Payne, although I've had the list for months and only did the scantest of unintrusive investigations. Basically I just asked a friend who the people on the list were, or at least, the ones I didn't know.

But what seemed wrong to me was to hand over the list to dozens of people who would pore through these other people's lives without regard for their privacy or how it affects them. I've been interviewed by the GBI twice. I've had Godwin reveal information about me that made me feel like he had investigated me. It's not a good feeling to feel like your life is being scrutinized.

Remember, we don't know the context of how these names appeared in the suicide note. For all we know, he was saying goodbye to friends. I saw someone say "We NEED to know this information," in regard to the list, and I thought, no, you just want to. But in the feverish fervor that has risen in certain circles about this case, it feels like a need.

And I asked myself, am I contributing to this? Am I just as guilty?

And I really don't know. I worry about it often. Am I doing the right thing? Am I doing it the right way? I don't know.

I just wrote extensively about someone who committed suicide. Is that wrong? I included details that are horrifying and I'm sure would deeply disturb some people. Is that wrong? Is my entire coverage of this story, feeding people's desire to understand this bewildering mystery? Is that wrong?

I really don't know. I feel like I'm trying to be respectful. I don't use people's names or include identifying information unless they are public figures or publicly related to the case already. I include details in the hopes they will spark someone else's memory or connections or even their logic to help better understand what really happened. And details are important. While it may be going too far to mention something like a wood chipper, it could explain how a body could be burning at a party and people might not realize it was happening.

All I can do is ask people to try to put themselves in others' shoes, to try and empathize with them and consider their feelings. And I ask that you put yourself in my shoes and understand that I make mistakes.

But thinking about all this left me at a crossroads. I thought about quitting writing about the case on my blog, although I still would have written the book I'm planning because I feel committed to it. I think part of me wanted to quit because it is a lot of stress, a lot of pressure, covering this story. But then, I don't think I really could quit.

People come to me with their stories. They post questions for me. And furthermore, it's also my day job. Even if I stopped posting my more speculative, opinionated pieces on my blog, I would still be writing about the latest events in the case in the newspaper.

I feel like I have a responsibility to write about Tara and her story, to point out what went wrong so it can be fixed and possibly to help solve the case. And honestly, I think we're getting closer. Maybe even close.

I'll be honest, too. Although most of the decisions I make are based on balancing journalistic interest with human morality, I have a fear that the public will turn against me. So far, the overwhelming response I have gotten for my coverage of the case has been positive, and I'm thankful, but I know how easy opinions can change. Already I've had people I defended at the cost of my own reputation turn on me.

I've seen it happen to Payne, too. Since the GBI made an arrest, I've seen a select few people turn on him like rabid dogs. Some people who loved the podcast suddenly think he should shut up or blame him for being successful due to his hard work. People who live and breathe the case get angry when he doesn't have new information on new episodes, even though 99 percent of the million or so listeners have never heard the information before. People blame him for posts other people make on the Up and Vanished discussion board, even though, in my experience he's been willing to take down offensive or even borderline offensive posts if asked.

Those sort of sentiments mean people either love or hate Payne around Ocilla. He's got plenty of fans, but he also has people who wish he would leave our small town alone, even if he may have indirectly contributed to solving a murder case that haunted the town for more than a decade.

Tuesday, we had what is called Legislative Appreciation Day, which is a yearly event where the local state senator and state representative are honored and politicians from across the state come to visit Ocilla to play golf and shop. This year, a tour of local places of interest was added with the tour to start after lunch.

Just after lunch, I was looking for the guy leading the tour when I turned and saw, of all people, Payne Lindsey walk in the door. I had no idea Payne was coming to the event, but I was glad to see him, although immediately I detected that I would be in an awkward situation. The first stop of the tour was Hudson Pecan Company.

Payne said he was recording for a follow-up podcast similar to a previous segment about "Tara and Ocilla," in which he planned to interview me and the mayor and update people on how the arrests of Ryan Duke and Bo Dukes affected the town. He went to each event unobtrusively recording with his hand-held recorder clearly visible, and he even offered to help one of the places we visited to promote their products.

Later, I received criticism because I didn't tell people Payne was there, but I don't think it is my duty to warn everyone about his presence. It never even occurred to me to warn people about him, and even if it had, I wouldn't have done it because it would be a rude thing to do to a friend, or anyone really.

I was not the only one there who knew who he was. His photo has been in the newspaper multiple times, and whenever I'm with him, people recognize him and approach us, usually to give compliments and tell him to keep up the good work. 

I know that to some extent I have divided loyalties, probably in part because I'm trying to keep everyone happy, but just to show that I'm not choosing one side over the other, Payne asked me for my notes about Hudson Pecan, and I didn't share, even though he assures me that the part he planned to broadcast about the company would be entirely positive. I'm not even sure if he's going to broadcast anything about the company now after we talked, but if he does, that's his decision. I didn't try to sway him one way or another.

Not that Payne isn't above putting some pressure to sway me! Throughout the day, he repeatedly tried to get me to reveal my sources for information about the search at the pecan orchard in 2005. I held strong, but I said something like, "Payne, you try harder to get my sources than the GBI!"

We had an interesting debate about journalistic ethics. We didn't really agree, but it wasn't an argument either. I can tell he puts a lot of thought into his decisions, which is all you can ask of anyone. He's a far better investigator than me, and he's trying to be a big-time journalist, and I'm trying to, well, I'm still figuring it out. If he had my attitude, he wouldn't have gotten as far as he has. If I had his attitude, I would get run out of town, so we have different considerations.

Speaking of that 2005 search, it may turn out to be sadly important. I learned that the tip that led to the search could jeopardize the charges against Bo Dukes. In each of the three arrest warrants against Bo, the text states that the statute of limitations is tolled because the alleged crime was not known at the time. That means that the statute of limitations does not apply because the alleged crime was unknown.

But because someone reported, at least to some extent, details about the alleged crimes, it could mean the statute of limitations does apply, and obviously the statute of limitations would already be passed or nearly so if the warrants specified that the statute of limitations was tolled.

This could mean that Bo Dukes ends up with no charges against him, even without an immunity deal.

In other news related to the case, or at least of interest to those who follow the case, Wendy Floyd was arrested this week. I mean no ill will toward Miss Floyd, but I've seen people talking about it or asking about it, so this is the record, as straight as it can be.

Miss Floyd pressed charges against another woman for simple assault, and they had a hearing before Chief Magistrate Judge Heather Culpepper. At the conclusion of the hearing, the other woman was arrested and charged with simple assault, but Miss Floyd was also arrested and charged with harassing communications. Both were released on bond. The charges are misdemeanors, but both women were banned from social media until the end of the case, unless the judge changes her orders.

In other news, Brooke Sheridan, Bo Dukes' girlfriend, appeared on CBS's 48 Hours. I haven't seen the full interview, but I've gotten a lot of questions about it, particularly if she is under the gag order in the Ryan Duke case. She is not.

The original gag order might have applied to her, as it affected potential witnesses in the case, but the newer, modified gag order only affects current and former law enforcement officers and office personnel who participated in the investigation of the case, the attorneys involved and their personnel, and Bo Dukes.

I'm admittedly suspicious of the story that is being told by Brooke and Bo. While the story seems to mostly be consistent, I'm wary that they have seemed to try so aggressively to tell their side of the story, almost as if they want to drown out any competing narratives.

Time will tell. And I am starting to believe it will. For a while now, I've been worried we won't know the truth, but I've found hope again. If you want to help, tell me where Bo and Ryan lived in October 2005 and what they were driving. And if you've heard anything about a party in which a body was burned, please let me know.

Ryan Duke and Bo Dukes are innocent until proven guilty in a court of law.

Sunday, May 14, 2017

The Hippie Saves the Cat


Joe "The Hippie" McCrimmon watches his dog, Lulu, who isn't the same dog he battled over the life of a kitten.

The Hippie Saves the Cat

The best book I've ever read about storytelling was "Save the Cat" by screenwriter Blake Snyder. In it, you learn that in good stories, the hero has a "save the cat" moment where early in the story they save a cat or defend a bullied child or help an old lady cross the street: A moment when a small act of kindness wins you to the hero's side.

Well, I have a friend named Joe McCrimmon whom we call the Hippie, because, well, he's a hippie. He's a good-hearted vagabond with a fondness of jam bands, freedom and tie-dyed T-shirts. He's also a savior of kittens, and I'll tell you why.

On the Saturday night before Mother's Day, the Hippie was hanging out with some friends when a Jack Russell terrier walked onto the scene. Jack Russell's were bred to hunt foxes and other small mammals. Well, this one found a kitten.

Hippie heard something behind him and turned to see the little dog with a kitten struggling in its mouth, and the kitten was caterwauling in pain and fear. Suddenly, the womenfolk there started howling in alarm, and the Hippie knew he must take action.

Suddenly, he was in a life or death battle.

He dove to the ground and grabbed the dog to try to wrestle the kitten from its maw. But the determined little dog would not let go. Momentarily, he wrenched the kitten free, but the dog quickly snapped its trap, biting the soft tissue of the kitten's belly. The kitten loosed a pitiful, high-pitched wail.

Well, you know how in a professional wrestling match, sometimes a popular wrestler like the Rock will do a run-in and start beating up everyone in the ring? Well, that's what happened with the mama cat.

The Hippie said he saw the mama cat charge in with his peripheral vision. The cat, clearly rushing to its baby's aid, began attacking everyone that wasn't the kitten. Cats are known for their claws, but they can bite, too, as the Hippie found out as the cat treated his wrist like Fancy Feast.

He said his first thought was "It's going to mess up my tattoo!"

So, the kitten tried to get away from the terrier who tried to get away from the human, and the mama cat ripped at all of them like a banshee buzz saw.

"Somebody get this cat off of me!" Hippie bellowed, and our friend, Debbie, pried the cat away.

Finally fighting through the flurry of fur and fangs, the Hippie pried the dog's jaws open enough to let the kitten dash away to hide under a shelf. But the ordeal was not over, as the angry little terrier continued to snap and snarl as it felt under attack by the Hippie.

The Hippie grabbed hold of the mad mutt in two places and quickly tossed the predatorial little beast into a nearby tool cage. The dog almost immediately went to sleep.

As for our heroic Hippie, he just laughed, although he had a collection of new scratches and bite marks. Luckily, his tattoo was unharmed.

So what about the mama cat, who showed the deepness of a mother's love just the day before Mother's Day? She seemed to be grateful.

"She jumped up on the back of the truck with her tail wagging. She was loving on me and stuff," the Hippie said. "At least somebody loves me."

Thursday, May 4, 2017

I Hope This Doesn't Land Me In Jail



I Hope This Doesn't Land Me in Jail

How can you keep secrets you do not know?

I feel like I've been charged with that impossible task. I'm worried I may be charged with other things, too.

As many of you know, I am a member of the current Irwin County Grand Jury, but Superior Court Chief Judge Bill Reinhardt excused me from participating in the presentments and deliberations about the Ryan Alexander Duke case because of the extensive coverage I have devoted to the disappearance and death of Tara Grinstead, whom Duke is accused of killing, in both The Ocilla Star and this blog. I wrote about the situation in my blog posts "If I Was on the Grand Jury" and "The Grand Jury Decisions."

Then, a week ago I received a letter from the office of District Attorney Paul Bowden. It read:

"Dear Mr. Vassey,
Circumstances following the April 12 meeting of the Grand Jury require inquiry into the means by which certain information presented to the grand jury was released publicly. We would like to meet with you prior to the next scheduled meeting of the Grand Jury. In that regard, I have scheduled time to meet at the Irwin County Courthouse at 9 o'clock on May 2, 2017, in order to accomplish this inquiry. If you are unable to meet with us at that time, please notify my office at (a phone number). Please note that this is not a judicial recall of the Grand Jury.
Thank you for your consideration in this matter.
Paul Bowden."

This letter immediately concerned me because I wondered if I was the only one to receive such a letter. Was I being singled out? Common sense told me that it almost had to be related to the Ryan Duke case, but why would Bowden call me to meet with him considering that I was not part of the Grand Jury's handling of the Duke case?

In my previous blog entry, "The Stories of Ryan and Bo?," I wrote about information that supposedly originated with a member of the Grand Jury, although I do not know who the grand juror may have been and I don't even know if the information truly came from a grand juror. Perhaps paranoidly, I wondered if I was being called to meet with Bowden in some sort of attempt to learn my source.

Then, I arrived at the courthouse May 2 and saw a crowd of people waiting in the courtroom. The entire Grand Jury, or nearly so, was in attendance, although no judge was presiding, as this was, as the letter said, no judicial recall of the Grand Jury. The secrecy oath we took as grand jurors should not apply to what happened May 2, but I'm a little confused about that oath, as I'll explain.

The district attorney and his office's investigator were joined by at least four agents from the Georgia Bureau of Investigation. The GBI agents began pulling grand jurors off one-by-one for individual interviews. Obviously, based on the letter, they were investigating a supposed leak or leaks from the Grand Jury.

I wondered to myself if those GBI agents time might be better spent solving crimes in which victims were actually harmed beyond a man alleged to have committed murder who may or not have even been harmed by any possible Grand Jury leak. And if the evidence presented on the Up and Vanished podcast about Bo Dukes is to be believed, these were some of the same agencies apparently willing to cut an immunity deal with a convicted felon who was alleged to have committed the inhuman act of destroying a person's body, but they seemed to be prepared to arrest an ordinary citizen who committed the very human act of sharing a secret.

I mean, did they not expect this? Small towns are gossipy anyway, so how could you expect about 20 people to stay silent about a topic with such intense public interest. Personally, I wouldn't have shared what happened in that Grand Jury room because I would have taken the duty seriously, I'm afraid to go to jail, and I've become well practiced in keeping secrets the past few months, but people are people, and chances are, one or more of them have talked to someone, whether they are the source of any supposed leaks or not.

So my turn came and I was called into a room to speak with a GBI agent. I was unfamiliar with the agent, and he seemed to be unfamiliar with me. He seemed surprised that I was not part of the Grand Jury deliberations about the Ryan Duke case. His reaction made me at least doubtful about my most paranoid theories about the DA and the GBI targeting me. It seemed that I was only called in because all the members of the Grand Jury were called in.

He had a prepared script to follow to ask me questions, and he asked me about two Up and Vanished discussion board posters that I was unsure if I was familiar with at the time. I later went back and looked for their posts, and I had encountered one of the names and even inquired about him or her. With the other name, I had probably read through some of his or her posts, but I don't know if I had ever really paid attention to his name.

I see a lot of names on that board. I check it nearly every day and usually multiple times.

I don't know if they were actual Grand Jury leaks, and one of them claimed that his or her information did not come from the Grand Jury, from what I read. In fact, I had previously personally investigated whether the information one of them shared was a Grand Jury leak and decided there was nothing to it and dismissed it. What I read that they posted was nothing I had not read from a non-Grand Jury source as far back as 9 weeks ago, but there's no way to know if I saw everything the alleged leakers posted.

I was surprised that the agent did not ask about my source who claimed to have information that originated with the Grand Jury. The agent seemed to not even be aware that I had written about a supposed Grand Jury leak.

When he neared the end of his script, I was probably free and clear, but I've got this bad habit of being honest.

And the last question was whether I had any information that might be pertinent to the investigation, so I told him about reporting about a supposed Grand Jury leak.

I had seen someone post on the Up and Vanished board about information that supposedly came from the Grand Jury, and I later spoke to them. This person told me that someone told them information that supposedly originated from a grand juror. As to whether it actually did, I cannot know, and in fact there was good reason to doubt part of it. As I wrote, some of the information conflicted with other information I've learned about the case that seems to be true.

When asked, I repeatedly refused to give my source's name, and I also refused to give his or her screen name on the UAV board. I said that as a journalist I have to protect the names of my sources or else no one will trust me and I will be unable to do my job.

The agent dismissed me but asked me to wait outside, and then he called Bowden in to talk for a few minutes before summoning me back. I was already on edge, and I was a little angry to be, to my knowledge, the only one called back for a second interview, this time with the DA present.

The agent told me I should not report on anything that came from the Grand Jury. I said, truthfully, that I did not know if what I reported came from the Grand Jury. He said that I was told it came from the Grand Jury. The district attorney said the same thing, and he either said or intimated that it was a violation of my oath as a grand juror.

In the past two months, as regards this case, I have been told a lot of things. There is no way all of them are true, so being told something is no gauge of truth. And most importantly, in this instance, I cannot know if it is true because I do not know what the Grand Jury was told about Ryan Duke's case.

The Grand Jury oath of office says "You shall keep the deliberations of the Grand Jury secret unless called upon to give evidence thereof in some court of law in this state."

I was not part of the deliberations on the Ryan Duke case. I do not know what those deliberations were about. As I said in my opening statement, how can you keep secrets you do not know? Should we re-convene the Grand Jury so my fellow jurors can inform me of all the secrets I am supposed to protect?

I asked Bowden what the point was of being excused from the Grand Jury. I was well angry by that point, which may be why I don't remember him giving me a good answer or if he answered at all.

You see, the judge offered to let me off the Grand Jury because, I was told, it would be a very difficult position that I would be in, trying to report on the case as intensely as I have while also keeping the deliberations secret. The whole purpose of being allowed off the Grand Jury for that case was to prevent me from having conflict between my duties as a reporter and grand juror. That's why I accepted the offer as well.

But the judge told me that even had I remained on the Grand Jury for the Ryan Duke case, I could have reported on information I learned independent of my Grand Jury service. And the information the DA and agent said I shouldn't have reported came from public posts on an online forum and hearsay testimony given to me by someone who was not a member of the Grand Jury. Any other journalist would have been allowed to report on it without complaint.

And I firmly believe the district attorney wanted me off the Grand Jury for the Ryan Duke case. I was told he sent a copy of my "If I Was On the Grand Jury" blog post to the judge only shortly before the April 12 Grand Jury meeting, and I think it is a safe guess to presume the reason was to have me removed from the case. Now the DA is telling me I have to abide by the rules of the Grand Jury for that case even though he seems to have gotten his wish.

That's a cake and eat it too situation, and I'm the cake, and I think it violates the pretenses under which I was excused from the Grand Jury and the spirit of the Grand Jury oath if I am bound to keep deliberations I have never heard secret. That's an even more impossible situation than if I had served as a grand juror in the case while still reporting on it.

And clearly if I have my ability to gather news curtailed in this unprecedented and perhaps unique situation, it's at least a constitutional issue if not an outright violation of my First Amendment rights.

So, I'm going to continue to report. I'm scared spitless, but I reminded myself of what one of my benefactors said in a letter, one of those kind people who donated for me to buy a newer car that I still haven't bought, even though it will be coming soon if I stay out of jail. He said in his letter, "Keep 'em honest." I still owe it to people like him, to people like you, to report the truth even when I feel intimidated to stay silent.

And I am afraid. I'm afraid that a judge will try to force me to give up my source and will have to jail me for contempt because I won't give up a name. I'm afraid that something I write will be construed as a violation of my oath as a grand juror and I will be jailed. I'm afraid that something else I write, perhaps this very article, will anger the district attorney or the GBI and they will charge me for what I've already written.

I hope I'm just being paranoid. I know I can be.

But it's like I told the GBI agent when he asked me for my source's name a final time. He said that he was investigating a crime and it was serious. I knew it was serious, but although to an attorney or a law enforcement officer there might not be anything more important than the law, to me there is, such as personal integrity, not only as a journalist but as a human being. I gave someone my word I would keep his or her name confidential and unless he or she gives permission for me to share it, his or her
name will remain secret.

So when the agent asked a final time for my source's name, I told him I was sorry I couldn't help him, and I said something like, "A few weeks ago I had to make a decision whether to be a journalist or a grand juror. I chose to be a journalist, and I'm going to stick to that decision."

And even though I'm afraid there will be unjust consequences, I'm going to continue to stick to that decision now.

CASE UPDATE: The day I posted this, May 4, 2017, Ryan Duke was scheduled for arraignment at the Irwin County Courthouse. According to WMAZ-TV, his attorney requested that he be able to enter a plea without Ryan Duke appearing in court. From what I understand, this sounds like a procedure known as waiving arraignment which allows a defendant's attorney to enter a plea of not guilty without having the defendant appear in court. Although we will not know for sure until later today, it seems likely Ryan Duke will enter an initial plea of not guilty. This does not guarantee a trial will be held though, as he can change his plea at a later date if he wishes.

Thursday, April 27, 2017

Correction


Correction
Correction: Irwin County Hospital does not provide dialysis treatment as I reported being told in my blog entry "The Stories of Ryan and Bo?" The hospital does not and has never provided dialysis treatment. I apologize for the incorrect information, and it has already been removed from the post. Irwin County Hospital is a fine institution with quality employees, and I definitely never intended to harm the hospital or its good reputation. -- Dusty Vassey

Wednesday, April 26, 2017

The Stories of Ryan and Bo?



Photo: Ryan Duke and Bo Dukes are pictured side-by-side in their high school yearbook.

The Stories of Ryan and Bo?

We may never know what actually happened the week Tara Grinstead went missing, but I think I'm getting a clear picture about the stories Ryan Duke and Bo Dukes have told investigators.

The final puzzle pieces to this picture were locked into place by Payne Lindsey with his Episode "The Deal" which in my opinion was the finest episode of the Up and Vanished podcast. He even managed to make it the most compelling episode despite the glaring flaw of having me on the episode twice.

There were two things about "The Deal" that solidified my beliefs about all the swirling rumors and stories I've heard about potential evidence.

First, Payne made the rock-solid observation that the indictments against Ryan Duke specify that Ryan Duke allegedly used his hand to assault and kill Tara. Hand. Singular. Not hands. Hand.

I had completely missed that distinction. But as Payne pointed out, it is an important distinction. I'll get to that later when I lay out the evidence for my beliefs about what Ryan may have told the Georgia Bureau of Investigation.

The second thing about "The Deal" is that Payne shared all or parts of a conversation from someone he called "Darren," a friend or former friend of Bo's. The conversation with "Darren," which at times raised goose pimples and at times earned my anger, buoyed some of the many rumors I've heard about what Bo Dukes has allegedly said about his role in Tara's disappearance.

I'll start with Bo's story, or what his story seems to be based on talk I've seen on the Up and Vanished Discussion Board, including the posts by "AAA" who claimed to be Bo himself. Also, other sources are people who reached out to me on Facebook or UAV, a list of questions allegedly answered by Bo, and now "Darren's" alleged conversations with Bo.

The reason I give all these sources is to point out that Bo's story, if what I've heard repeatedly is true, is very prevalent. And the details all seem to remain consistent with each other and with the allegations in the arrest warrants and indictments.

But it's also, at its heart, a pretty simple tale, if a horrifyingly astonishing one.

According to several of these sources, Bo allegedly said he drove a white truck, not a black one, and he allegedly said Ryan had borrowed his truck when whatever happened happened. Bo allegedly said Ryan told him and some others that he killed Tara, but Bo didn't believe him, allegedly. Bo allegedly said that he didn't believe until several days later when he saw the body at the pecan orchard.

And then, as the arrest warrants against him claim, Bo is alleged to have destroyed Tara's body.

Or as he allegedly told "Darren": "Please, never bring me a dead body. Although now that I've had some practice..."

Which is one of the most shocking things I've ever heard. If it was truly said by Bo, then that is someone either bragging about covering up a murder, making a joke of it, or both.

Many sources and popular consensus allege fire was used, which only makes such an alleged statement more horrifying.

So what about Ryan's story? Let me take you back 7 or 8 weeks ago, only shortly after Ryan was arrested.

I noticed someone on the Up and Vanished discussion board posting information that seemed right to me based on what little I knew at the time. This person is pretty well known on the UAV discussion board, at least by his or her anonymous screen name, but since I don't know if they want me to publicize their screen name, I'm going to call them "Utopian," just to have something to call them, and even though I have no idea of their gender, I'm going to call them "he."

Utopian posted that he had a source close to the GBI who said bones were found and were at the crime lab. He said Ryan's DNA was found on the latex glove. Utopian said Ryan did not confess to murder but confessed to being in Tara's house.

Utopian said Bo made a deal and was claiming only to be an accessory after the fact. He said Ryan left the body at the pecan orchard the night she went missing and Bo said that Ryan asked him for help disposing of the body five days after the disappearance. Utopian said Bo's arrest was prearranged and he will not serve any jail time.

Other details Utopian added were that the tipster's motive was reward money and that the Grinstead family was unhappy about it because someone that knew for years would be collecting the money. According to the alleged text messages between Bo and "Darren," Bo said that his girlfriend told her mother, who "tipped off the GBI," and that his girlfriend may be getting the reward money.

Utopian said rumors that were circulating at the time about the body being placed in a pond were untrue and that the fire on Snapdragon Road a few weeks after the disappearance were unconnected to the case. He also said that rumors of a third arrest were false, and no third arrest has been made, so that seems to be true.

In fact, almost 2 months later, nothing Utopian said is clearly untrue, although I have my doubts about Bo having a deal, but I'll get to that in a moment.

Since Utopian's information seemed like it could be true and fit a lot of what I was already thinking, I reached out to him on the Up and Vanished board and we talked through private messages. He provided greater detail.

He said there was a confession tape of Ryan that was about 30 minutes long. He said Ryan said he was going through Tara's purse when she woke up, and then he hit her, and that is all he remembers.

Recall how the indictments say hand, singular, instead of hands? Is the prosecution alleging that Ryan killed her with this hit, which we can assume was a punch?

A single punch can be fatal, but it rarely is. I've heard someone say "If that's true. It was one lucky punch." I'd say it was an unlucky one, for all involved.

Interestingly, Ryan's arrest warrants accused him of using his hands, plural, and many speculated that meant strangulation. According to a report of a conversation someone had through the messenger application Wickr with someone claiming to be Bo Dukes, the person who may have been Bo allegedly said that Ryan told him Tara was strangled. Utopian said Bo saw bruising and strangulation marks on her body before he allegedly helped burn it.

I believe, if these alleged reports are true about what Ryan and Bo are saying, that investigators are unsure how Tara died. If the reports are true, the safe bet for the prosecutors may have been to say hand, singular, because whether she died due to a punch or strangulation, a hand would have been used either way.

Utopian also said that law enforcement officers were skeptical about Ryan's story for certain reasons. I am skeptical, too.

That's the bulk of what Utopian told me, and it sounded plausible enough that it has been my working theory of what Ryan and Bo may have told investigators ever since.

Then, after the Grand Jury met two weeks ago, rumors spread on the Up and Vanished board that someone was leaking from the Grand Jury. The rumors about the leak seemed to support Utopian's claims, but I investigated and could not find anyone actually saying that they heard from someone on the Grand Jury the details that Utopian shared.

Then, rumors of another Grand Jury leak began to spread late last week on the board, and I reached out to someone who was posting about them. I will call this person "Esther," just because I like that name, and I will refer to them as a "she."

I spoke to Esther and she told me that someone on the Grand Jury told a family member about the evidence and that family member told Esther. I have no idea who the Grand Jury member is, and frankly, I can't even guarantee this information came from a member of the Grand Jury. All I know for sure is it fits a lot of other things I've heard or know, except for a few parts, but I'll explain.

Esther said she was told that Ryan went to Tara's house late at night and she was already asleep. She said she was told Ryan was going through her purse when Tara woke up and he hit her, exactly what Utopian told me previously.

Esther said she was told Ryan did not remember a lot of details, something Utopian hinted at. Esther said she was told Ryan didn't remember because he was "so messed up," which I take to mean that he was allegedly saying he was intoxicated or on drugs, but she said she did not know what he was allegedly "messed up" on.

Another source told me that they heard Ryan broke in her house to watch her sleep and that he may have done so other times but this particular time, she woke up and began screaming.

Esther said she was told Ryan left Tara's home that night but came back in the morning, and I got the impression she meant during the daytime. She said she was told Ryan wrapped Tara's body in a blanket, put her in the back of a truck and drove to the pecan orchard. She said she was not told if it was supposed to be Bo's truck he was driving.

About Bo, Esther said she was told he bragged about what happened to a friend from his time in the military. She said she was told this military guy is the one who came forward to the GBI, not Bo's girlfriend. This confused me, and perhaps is still confusing, but after listening to "The Deal" episode of Up and Vanished, I wondered if the military friend was "Darren." And I wondered if the Grand Jury was presented Darren's alleged text messages with Bo or other testimony from Darren that a grand juror might have interpreted as Darren coming forward. But that's just my speculation.

Another thing Esther said did not fit what I knew either. She said she was told that Bo did not have a deal.

This conflicts with what I've thought for a while, what Utopian told me, and what Bo allegedly told Darren. But then I thought about it.

Bo allegedly told Darren, "Through a long negotiation between (Bo's girlfriend), the case agent, myself, and eventually my lawyer, and the DAs we worked out a deal," and "It worked out well, for me at least."

"No, I wont' be arrested or prosecuted at all," Bo allegedly said.

But he was arrested. He was arrested and charged with concealing a death, hindering the apprehension or punishment of a criminal, and tampering with evidence.

If these stories Ryan and Bo may have told are the meat of the GBI's official narrative of what happened to Tara, then what else could he have been charged with? No one I know about with actual knowledge of the case is accusing Bo Dukes of doing anything more.

I believe a deal was probably in place, but I think it may have been withdrawn, possibly at the last minute. This is just my speculation, but I have an idea of how it could have happened.

If Bo had a plea deal in place, one of the stipulations of the deal may have been that he had to lead investigators to Tara's remains. This would make sense because I believe the GBI's search at the pecan orchard ended the same day Bo was arrested.

But, I've been told from reliable sources that Bo was not able to find the burn spot, even though it was found without him. It is a huge pecan orchard. I wonder if that simple alleged failure might have been enough to negate his deal.

Of course, that is just my speculation, but a source did tell me that Bo did have a deal at some point but it was revoked. I was told that if he was caught in a lie his immunity would be withdrawn, so perhaps a lie undid the deal.

I hope that everyone involved in Tara's death is punished, so if he was involved, I am glad he will not receive immunity, if that's true, and I do believe the deal is gone.

There are a lot of people crying for justice for Tara, and many are questioning why others have not been charged. Because if what Bo allegedly told Darren is true, several others knew what happened that night. But if all they did was know, if they did not materially participate in the crime or its cover-up, I'm not sure there is any punishment for them, at least not legally.

Somewhere in all this maelstrom of information swirling about this case, I heard that it's not a crime to have knowledge of a crime and not report it. I don't know how to look that up. It's a lot easier to look up what is illegal than what isn't, but I thought about it and it made sense.

Many years ago, I covered a class for mandatory reporters for the newspaper. Mandatory reporters are people like teachers and nurses who have a legal duty to report suspicions of child abuse. If only certain people in certain professions are legally required to report suspicions of child abuse, that amazingly means that the average citizen is not required to report suspicions of child abuse. Shocking, right?

But think about it even further. Should it be illegal to withhold reporting a crime? If you witnessed a gang shooting or a mob hit, should you face criminal charges just because you're scared to come forward?

Obviously, this case is different, and I think anyone who knew had a great moral responsibility to come forward, if not a legal one. Once their names are known, and I believe they will be, they will face a stiff social penalty, and some may already be facing that punishment in the form of suspicion, but I doubt anyone who knew will ever be arrested for knowing.

Of course, many people thought that others would be guilty of crimes if they knew but said nothing for all these years, which made me think, could Ryan Duke have thought the same thing?

Several weeks ago, and a few times since, I was told Ryan spoke to a nurse whom he knew, and she asked what happened. I was told that he told her that Tara wasn't murdered, that she died of an accidental overdose at the pecan orchard and the covered it up. Now, I don't believe for a moment that she overdosed, but that's the story I was told. Tara didn't even drink, so the idea that she did hard drugs sounds preposterous, but just because one thing someone says isn't true, it doesn't mean everything they say isn't true.

And I was told Ryan told the nurse that he was taking the fall for what happened because the others had more to lose than he did.

I have received enough confirmation to at least believe the conversation happened if not the details of what was said. But aside from the multiple reports of this nurse story, I've also heard other reports of him saying he was taking the fall.

I wonder if he might have thought the others would be facing criminal penalties, when apparently no one else other than Bo Dukes is. I wonder if now he is changing his story because he is realizing the ones he was trying to protect did not need his protection.

Everyone knows I question the official narrative that Tara was killed in her house. I won't rehash all of the details about how the idea that she was killed in the house doesn't seem to fit the clues. If you aren't familiar, read my blog post "If I Was On the Grand Jury" or listen to "The Deal" episode of Up and Vanished.

Before I wrote "If I Was On the Grand Jury" I had been planning for weeks to write about my questions and doubts about the official narrative, and I had planned to write a more balanced exposition of those ideas. But then I realized there was a chance I wouldn't be on the Grand Jury and I had so many questions I would have asked if I had been on it that I rushed to write what I did in the hopes a grand juror would read it, but I did not include some of the counterarguments to my doubts.

For instance, if the stories I've been told are true and Ryan was looking through Tara's purse, it might explain why her purse was missing. Maybe he feared his fingerprints would be on the purse, if the story is true.

Then, there's the phone left on the charger. Tara left her cell phone on the charger and of all the material clues about her house, that is the one which does not seem to fit the idea of her leaving her house voluntarily, which is a scenario most other clues fit best. Why would a young woman leave home in the middle of the night and leave her cell phone behind? It was left on the charger which may be indicative that it needed charging or it could be explained that someone planted the phone on the charger after she died so that it would not lead to the location she was killed, but on the surface, the phone is suspicious and does not easily support the idea that she left her home willingly.

Another major problem with the idea that she left her home willingly is why. Why would she have left to go out to that pecan orchard or some other location? If she had regular cell phone communications with any of these people accused of being involved in her death or even those who may have known about it, it seems likely that Ryan Duke would not have been "off the radar" as the GBI said after his arrest. As she was a teacher when these people were in school, even if she may have not been their teacher, she probably knew them to some extent, but would she have trusted them enough to go out with them very late at night? I don't think so, unless there's some big piece of the puzzle we're missing.

One major question people seem to have is why someone like Bo would help Ryan cover-up a murder if otherwise Bo wasn't involved. It's a good question, but someone pointed out to me that from what he knew of Bo, he might not think like most people. He said Bo was someone who thought he could get away with stealing from the Army, so maybe Bo didn't see the risk of helping cover-up a murder because he thought he could get away with it. And for more than 11 years, he did.

And if these other people knew things about Tara's death, such as Bo allegedly suggested in his discussion with Darren, the GBI must have interviewed them. You would think the stories they told must be backing up the stories Bo and Ryan seem to be telling.

Could it all be prearranged? Could everyone who knew or participated have coordinated their stories years ago or even in the months prior to the arrests? It's possible, but it seems unlikely, and it seems like the stories of Bo and Ryan would corroborate each other better than they seem to based on the stories I've been told. Wouldn't a fabricated story be more polished?

If Bo and Ryan are the only ones involved, as the allegations seem to indicate, could Bo have created his story and just gotten lucky that what Ryan said did not contradict it? Again, it is possible but unlikely.

One point about that idea though: For the sake of argument, if both Ryan and Bo were at Tara's house wearing latex gloves, Bo would all but know that the DNA in that glove did not match him. When he was convicted of stealing from the Army, he had to give a DNA sample, which he could have reasonably assumed would have been checked for a link to the latex glove found in Tara's yard.

Remember the woman who talked to someone claiming to be Bo on Wickr? Wickr deletes messages after a time and it warns the other person if screen shots are taken, so she tried to write down her questions and the answers as quickly as she could. She then produced a list of questions and answers.

One of those answers gave me pause.

When asked why not turn the killer in, the answer was, "Then they point the finger at you. Where would the evidence point then if there was (evidence) at her house, which I still don't know."

But everyone knew about the latex glove, and Bo Dukes would reasonably know that it would not point to him.

If Bo lied to investigators, he could do so with confidence that the biggest piece of physical evidence in the case could not be linked to him. So, if both Ryan and Bo were at her house that night or morning in October of 2005, if Ryan tried to say Bo killed Tara, then Bo could be confident the physical evidence would better support his story that Ryan killed her.

But look, even though I have my doubts, what happened to Tara could have happened just as Bo and Ryan seem to be saying, more or less. It's possible, but like so much about this case, it doesn't seem likely. I feel like there is a huge hole somewhere in this story, something we're missing.

As I see it, if there are lies being told then they can only be for two reasons: To protect someone or to diminish the extent of the crimes out of pure shame.

The refrain I keep hearing from people is "We'll probably never know what really happened," but I hope we do. I think the only hope for the real truth and for real closure for this case is a trial.

And people keep asking me when I think there will be a trial. Well, if there is a trial at all depends on whether Ryan pleads guilty or not guilty. If he pleads not guilty, who knows?

On "The Deal," Payne interviewed Colin Miller, a law professor at the University of South Carolina and a host of the podcast Undisclosed, which investigates possible wrongful convictions. Miller noted that in America we have a right to a speedy trial, and he anticipated a trial would come no later than 8 months after Ryan's arraignment, which is scheduled for May 4.

Well, let me tell you a story about justice in Irwin County, Georgia.

In March 2014, my friend, Samuel Chalyse Benson and his friend, Robert Green, were arrested in Irwin County on drug charges. After their arrest, they were each charged with multiple counts of child molestation. About the drug charges, I have no opinion, but after studying the case, talking to people, and because I know almost everyone involved, I do not believe the other, more terrible charges against them.

If I did believe those charges, I'd want them both to spend the rest of their days in prison, but I don't. In fact, no one I've talked to about the case believes they're guilty. In fact, I'm probably the most suspicious of them simply because I tend to be, well, rational to a fault. I've tried to examine the evidence fairly and honestly. Still, I don't think they're guilty of the worst things they're accused of.

But what I believe is immaterial because they are both innocent until proven guilty.

But that hasn't stopped them from sitting in jail, the same jail as Ryan Duke, for more than 3 years now. Three long years. Can you imagine sitting in jail for three years without a trial?

Neither was given a bond, and even now, no trial date has been set. Chalyse told me today that the earliest his trial can be held is November.

I believe Robert has had multiple public defenders through their years of incarceration. And because Chalyse fired his attorney after more than 2 years sitting in jail, he has been assigned an inexperienced public defender he has not even met. And that public defender will have to defend a case the prosecutor has had at least 3 1/2 years to prepare for.

Chalyse and Robert have already lost their right to a speedy trial, regardless of their innocence or guilt. I cannot see how they will receive a fair trial either.

That's an abortion of justice, and something needs to change, but I worry that it won't.

So when I hear that Ryan Duke's case may go to trial in 8 months, I know I won't be holding my breath.

Ryan Duke and Bo Dukes are innocent until proven guilty, too.

Correction: Irwin County Hospital does not provide dialysis treatment as I reported being told in my blog entry "The Stories of Ryan and Bo?" The hospital does not and has never provided dialysis treatment. I apologize for the incorrect information, and it has already been removed from the post. Irwin County Hospital is a fine institution with quality employees, and I definitely never intended to harm the hospital or its good reputation. -- Dusty Vassey

Friday, April 14, 2017

The Grand Jury Decisions


Photo: Vehicles from several television stations are parked outside the Irwin County Courthouse Wednesday, April 12, the day a Grand Jury indicted Ryan Duke in Ocilla, Georgia.

The Grand Jury Decisions

By now, most of you know that Ryan Alexander Duke was indicted by an Irwin County Grand Jury on all the charges levied against him in the Tara Grinstead murder case. The grand jurors voted for true bills on all six counts, which means they found probable cause to move forward with the indictments.

I was personally surprised and confused at first that two additional charges were added, as he was indicted on six charges rather than the four charges that were announced at his first court appearance on February 23. I've since learned a bit more about the two additional charges.

In February, Ryan was charged with murder, burglary, aggravated assault and concealing the death of another. In Georgia, there are primarily two types of murder charges, malice murder and felony murder. The original murder charge was felony murder, although it was not specifically indicated in the warrants issued for Ryan's arrest in February.

Wednesday, April 12, he was indicted on two counts of felony murder and one count of malice murder, so an additional felony murder charge and one count of malice murder were added.

Confused yet?

Let me explain how he can be charged with murder three times, when he is only actually accused of killing one person, Tara Grinstead. I'm not a lawyer of course, but I've covered enough court to have a decent grasp of these charges.

Malice murder includes what other states call premeditated murder, but it can also include other acts that cause deaths in which the purpose of the act was to kill or do harm. Malice murder is a crime when someone intentionally kills someone with malice aforethought. This is probably what most people think of when they think of the word "murder."

By charging Ryan Duke with malice murder, the prosecutors are saying he intended to kill Tara with malice aforethought, although the crime may not have been planned far in advance.

Felony murder is much different. Felony murder is a charge which is applied when someone dies, even unintentionally, during the commission of a felony. If a person dies during the commission of multiple felonies, someone can be charged with multiple counts of felony murder, even though only one death occurred. Defendants can and often are charged with both felony murder and malice murder, too, even when there was only one death.

Felony murder allows for charges to stem from a death that happens because of the commission a felony. If you fatally shoot someone, that might be both malice murder and felony murder because someone died during the commission of aggravated assault. If you fatally run over someone while trying to escape a robbery, that might be felony murder. Even if one of your fellow burglars is shot and killed by a homeowner during a burglary, you might be charged with felony murder.

Ryan Duke is alleged to have committed felony murder when he allegedly caused Tara's death while committing aggravated assault. He is also alleged to have committed felony murder when he allegedly caused Tara's death while committing burglary. The latter was the original felony murder charge that was levied against Ryan in February.

The two new charges, malice murder and the felony murder charge stemming from the alleged aggravated assault, were added as special presentments which were presented before the Grand Jury. Rather than being formally charged through arrest warrants, the Grand Jury was presented evidence or testimony by the prosecution during the closed Grand Jury session.

One of the important differences, from what I've read, with presentments is that they avoid the preliminary hearing in when the accused can question or confront law enforcement officers and other witnesses. Of course, Ryan Duke waived his right to a preliminary hearing, so no preliminary hearing was held anyway.

It may be that investigators determined they had enough evidence to support the two additional charges and rather than formally charging Ryan, they simply brought the evidence to the Grand Jury instead.

On Wednesday, April 12, a bench warrant was issued to arrest Ryan Duke on the two additional special presentment charges, malice murder and felony murder. Since he was already arrested and incarcerated, this seems like it was only a formality.

All three murder charges have a maximum penalty of death, but they can also result in either life in prison without the possibility of parole, or life in prison with the possibility of parole. According to attorney Philip Holloway on the Up and Vanished podcast April 13, if Ryan was found guilty of all charges, all of the charges but concealing a death would likely be absorbed by the malice murder charge. In that instance, he could face one of the three murder penalties plus up to 10 years for the concealing a death charge.

An additional revelation from the indictments was a major change to the burglary charge against Ryan Duke. When he was arrested in February, the arrest warrant stated that Ryan entered Tara's home in Ocilla unlawfully to commit the felonies of aggravated assault and murder. In Georgia, a burglary charge does not necessarily mean that someone illegally entered a place to commit theft. It can stem from an intention to commit any felony.

However, the burglary indictment against Ryan does not mention intentions of aggravated assault or murder. Instead, the burglary indictment states he entered Tara's home with the intent to commit theft. This suggests that the murder may have been a "burglary gone wrong" but also raises questions. It is curious that the prosecution changed its mind about the reason Ryan Duke allegedly entered that home.

I have been asked what Ryan could have stolen. Well, as Philip Holloway pointed out on Up and Vanished, the burglary charge does not require theft, only the intention of theft. But several items were reportedly missing from Tara's home, such as her purse, her keys, and some jewelry, although she may have been wearing the jewelry.

The aggravated assault indictment indicates that Ryan allegedly harmed her with his hands, as did the arrest warrant for the charge. No new details were revealed, and the indictment is vague about how hands were allegedly used to harm her.

The concealing a death charge also did not reveal anything new. Ryan is alleged to have removed Tara's body from her home in Ocilla. Some have questioned why he was not also charged in Ben Hill County, since that is where her body is alleged to have been moved to. My guess is that since the act of concealing a death would be considered a single act, it would only be charged in one county, probably where the act began, even though more than one county may have been involved. Perhaps an attorney who reads this can clarify.

The next step in the legal process is for Ryan to enter a plea. His arraignment is scheduled for May 4, which is when a plea is usually entered. Ryan could enter the plea in person, or his attorney could enter a waiver of arraignment and a not guilty plea without him present, which would allow Ryan to avoid being again captured on camera in a green striped detention center uniform.

Of course, he could enter a guilty plea if he wishes, and I believe he could do that even before May 4 if he so chooses and the court provides him the opportunity.

I have also been asked about the Grand Jury status of Bo Dukes, who is charged with concealing a death, tampering with evidence and hindering the apprehension of a criminal in relation to the death of Tara Grinstead. Note that since Bo's charges are in another county, his charges will be heard by a separate Grand Jury.

The Ben Hill County Clerk of Court office told me that the Ben Hill County Grand Jury has not yet heard Bo's case, so he has not been indicted, if he will be at all. The next meeting of the Ben Hill Grand Jury is set for June 19.

The law is complex, and in the situation where someone can be charged with murder multiple times for only one death, it doesn't make a lot of sense. I could be wrong about some of the nuances of what I said above, but I believe it's pretty close to correct. If you're an attorney, let me know where I've erred and I'll correct it.


Was I On the Grand Jury?

So, was I on the Grand Jury that decided to indict Ryan Duke this week?

No.

Well, more correctly I did not participate in hearing and judging Ryan's case. I don't know if "recused myself" is the correct term, so I'll just say I voluntarily excused myself from that particular case.

It was one of the toughest decisions I've ever made in my life, but I think it was the right one.

For those who might not know, I was selected for the Irwin County Grand Jury for the first time in February, not knowing that just a few weeks later Ryan Duke would be arrested in a case that was incredibly important to me for more than a quarter of my life. Even as I sat stunned in that courtroom on February 23, realizing "I'm on this Grand Jury of all Grand Juries," I didn't know that covering this story would basically take over my life, but it has.

A friend advised me to keep quiet about serving on the Grand Jury because the prosecution would probably strike me from it, so I didn't talk about it a lot. Some folks knew, including even Payne Lindsey of Up and Vanished. I didn't really make it a secret, but I just didn't advertise it.

I was worried that I would be struck from the Grand Jury, and I wanted to serve, but as the date approached, other worries crept in. I worried that serving on the Grand Jury and keeping what happens in the jury room secret, as I swore an oath to do, would make my job extremely difficult. When the arrest was announced, I was just a small-town journalist covering a news story. Two months later, I'm still a small-town journalist covering a news story, but I'm also a surprisingly well read blogger whose posts are mostly devoted to the Tara Grinstead case, a semi-regular guest on one of the most popular podcasts in the nation, and an aspiring author writing a true crime book about the case.

I'm also in a very real way investigating the case and trying to reveal the truth about what actually happened in October 2005. Some of you would say to leave it to the professionals, but when you have people coming to you with information and tips, when people for some reason look to you for answers, and when you care as much about finding this particular truth as I do, you don't really have any choice.

For all of those various hats I'm now wearing, from journalist to investigator, serving on that Grand Jury for Tara's case would make my jobs very difficult. In everything I wrote, in every online discussion or struck up conversation, I would have to avoid my knowledge from the Grand Jury like a landmine. If I learned something independently of the Grand Jury, I could use it for whatever purpose I wanted, but if someone accused me of using my Grand Jury knowledge, I might have to reveal my true source or else face prosecution. Then again, some might accuse me of using my Grand Jury knowledge to ask the right questions or avoid the wrong answers.

I've made it clear that I have doubts that Tara was killed in her home, as the Georgia Bureau of Investigation alleges. If I suddenly changed my tune and stopped questioning whether she was killed in her home, people would be able to guess that I had knowledge that made me believe she was killed there. I might not, in that situation, be intentionally revealing information from the Grand Jury room, but in essence, I would be.

Of course, the fact that the Grand Jury did choose to indict Ryan Duke gives me more confidence in the GBI's allegations, although I still hold onto my doubts and questions. I stated this after the Grand Jury's indictment, and I quickly realized, if I had served on the Grand Jury, I would not have even been able to say that. People would have interpreted that as me revealing what should be secret information.

But I do want to take an aside to say a few things.

Some people seemed to take my last blog post, "If I Was On the Grand Jury," as if I was saying I did not think Ryan Duke was guilty. That is not what I was saying at all. Although at times I have leaned one way or another, I do not currently have any idea whether Ryan Duke killed Tara Grinstead. I am not sure she was murdered at all. I don't know how more impartial you can get than that, had I served on the Grand Jury.

In my years as a journalist, I have sometimes lamented the fact that we usually only present one side of a crime story, at least until the trial. We usually only present the prosecution's side. Whether it's a drunk driving charge or malice murder, we inadvertently support the allegations against the accused by listing the charges against them without any counter-argument. We are careful to put "alleged" or "accused of" to try to seem like we are not accusing people of the crimes they are charged with, but then we present the narrative law enforcement presents, which makes them seem like criminals.

Now, I understand why it's like that. Especially with a small town newspaper you do not have the time or resources to examine every case thoroughly or to learn about every side. And frankly, most of the time, law enforcement's story is right.

But we live in the world of OJ Simpson and Casey Anthony. We live in the world where someone accused of destroying a person's body gets a cheaper bond than someone who possesses an illegal drug for their own personal use. We live in a world where law enforcement can be given a tip about Ryan Duke in 2005 and not make an arrest until 2017.

The legal system, and all its components, can and does make mistakes, and it's my job, in all my hats, to question that system and to make sure it is doing its job correctly. And in this case, if no others, I have decided to dedicate the resources to show all sides.

So I won't feel guilty for presenting information that questions the official story or that might make someone question Ryan Duke's role in Tara's death. The truth is not one-sided, and truth-tellers should not be either.

We ought to tell all sides in all cases; we just simply can't. But I can do my best to do that in this one.

So back to why I excused myself from the Grand Jury...

Monday, I called to ask District Attorney Paul Bowden if Ryan Duke's case would be presented to the Grand Jury Wednesday. He said he would not normally tell the media, but he didn't know how to react since I was also a grand juror. I didn't want to abuse my position, so I told the truth, that I was calling as the media, and I accepted his response, which was no comment.

But it made me think even more about my conflicted role. Bowden's response told me that I wasn't surely going to be struck from the Grand Jury, although it might have still been a possibility.

Tuesday, I tried to sleep and my various worries were weighing on my mind. I started realizing that even if I wasn't struck from the Grand Jury, I might want to ask to be off of it, if that was even possible.

It bothered me that I had such pointed questions that might not be asked if I was off the jury, particularly about whether Tara was killed in her home in Ocilla. If she wasn't killed there, it would mean Ryan Duke might should be charged in another county or might not should be charged at all. I wrote "If I Was On the Grand Jury" primarily to introduce those questions to other members of the Grand Jury, in the hopes they might ask them in my absence.

But I should say that even if the prosecution only has the evidence I have reason to believe they do have, I probably would have voted for a true bill. That possible evidence is a link to the latex glove found in Tara's yard, the testimony of Bo Dukes and a confession by Ryan Duke. Although the glove might have been dropped after driving Tara's car back to her home, although I would not necessarily believe the testimony of a convicted thief like Bo Dukes, and although I think it is possible Ryan Duke is taking a fall since he may have serious health problems and may need the free health care he gets in jail, a Grand Jury does not need the stringent proof beyond a reasonable doubt that a trial jury needs. A Grand Jury only needs to believe probable cause exists to believe the defendant is guilty.

So, then, Tuesday afternoon, I got a message to call Judge Bill Reinhardt, the chief superior court judge of the Tifton Judicial Circuit. First off, I should say that although I don't know the man well, I've always been impressed with Judge Reinhardt in all my dealings with him. I find him to be friendly, thorough and fair-minded. I think he's a good guy and a good judge.

I called him, and we only talked briefly. He said he wanted to put something in my ear, which if you're not familiar with that phrase, means he wanted to inform me of something I might not be thinking about. He said I had done nothing wrong; he just wanted to talk to me. We agreed to meet at 9 a.m. in his chambers on Wednesday, about 30 minutes before the Grand Jury convened.

Honestly, I looked forward to talking to him, because I hoped he might give me some advice on how to handle my strange, difficult situation. I guessed that he planned to encourage me to step off the Grand Jury, but I was actually wrong about that.

After exchanging pleasantries, we talked about the subject. Bowden had sent him a copy of "If I Was On the Grand Jury," and from what the judge read, he thought I wanted off the Grand Jury. I told him I wasn't sure. I had conflicted feelings.

I'll be honest, the part of me that has wanted to know what happened to Tara Grinstead since October 25, 2005 really wanted me in that jury room, hearing that evidence. But that was a purely selfish reason.

More altruistically, I wanted to serve on the jury because I felt like it was my duty, because I thought I would make a good juror who could use his knowledge about the case to ask some questions I believe need to be asked. He even said the questions I had were good questions. He said that selfishly, he wanted me on the jury because I was intelligent, wanted to serve and cared about my community.

Some of you may be saying, "But Dusty knows too much to serve in this case," well that probably doesn't matter. An attorney friend shared with me that according to Georgia law "a person is not disqualified or incompetent to serve as a grand juror by reason of bias or prejudice on his part, by the fact that he has heard or read about the case under investigation or has even formed or expressed an opinion as to the guilt of the accused." And I doubt anyone in the jury room was not well informed of at least the basics of Ryan Duke's case.

I got the impression that the prosecution might ask the judge to strike me from the Grand Jury though, but based on his demeanor, I don't think Judge Reinhardt would have struck me, probably due to the case law I quoted above. There's no way to know because it never got that far, but I wondered then what conspiracy theories people might proclaim if the court did strike me from the jury. I didn't want to be the cause of that sort of chaos.

I was leaning toward asking off the jury, but there was a reason that would have pushed me to stay on it. I asked Judge Reinhardt if what happens in the Grand Jury room is secret until the end of the trial or secret forever. If one day I could have reported on what happened in that jury room, it would have been worth the pitfalls it would create for me as a writer.

"Forever," the judge said, and within moments, my mind was made up. I would excuse myself for Ryan Duke's case but continue to serve for the other cases.

Judge Reinhardt never seemed to intentionally encourage me one way or the other, but he inadvertently did push me one way with something he said. He said that while serving on the Grand Jury is an important duty, my duty informing the public as a journalist might be even more important.

Maybe so. I don't know. I'm proud to be able to do both, even in a limited capacity.