BEN HILL COUNTY, Ga. — All eight hours of a hearing Tuesday was about answering the question-- Is it too late to try Bo Dukes and Ryan Duke in Ben Hill County?
The two—both already serving prison sentences—were back in court Tuesday.
In May of last year, Ryan Duke was found not guilty of murdering Grinstead in Irwin County. But he was convicted of concealing Tara Grinstead’s death. Bo Dukes was also convicted in 2019 for concealing Grinstead’s death.
The two now face additional charges in Ben Hill County, and they’re asking the judge to throw them out.
In this case, the statute of limitation is four years between the time the crime is committed to the indictment. There's also an extension for the time the courts were closed during the COVID-19 pandemic.
The mens' lawyers argue it is too late to try the two.
But the state says they still have legal grounds. Prosecutors argue the state didn’t have probable cause to arrest anyone until February 2017 when Ryan Duke confessed to murdering Tara Grinstead.
But Duke and Dukes' attorneys pointed out, the Georgia Bureau of Investigation first received a tip about the two in November 2005, two to three weeks after Grinstead disappeared.
Garland Lott told police he was at a party at a pecan orchard in Fitzgerald, owned by Bo Dukes' family.
He said he overheard either Bo Dukes or Ryan Duke say they killed Tara Grinstead and burned her body.
Lott took Irwin and Ben Hill County deputies to the spot where he believed Grinstead's body was burned.
But Lott testified in Bo Dukes's trial in 2019 that law enforcement never contacted him after that.
“The information unfortunately was believed to have been pursued and was unfounded by local law enforcement. We didn't follow up,” said former GBI Special Agent-in-Charge Gary Rothwell.
The GBI interviewed Lott’s employers in 2008, where they reiterated Lott’s story.
Rothwell read off the transcript in court: “I think the boys’ last name was Duke. And they might have lived off Pleasure Lake. So you actually had a physical location of where lived. Yes, that’s what the report says.
Rothwell testified they were getting hundreds of tips then. These were all "claims" and often "third hand knowledge." He says it was his fault that the GBI didn't follow up.
“…Even though we know that the story ended up for the most part being true… and that's exactly where they found the body,” said John Merchant, one of Ryan Duke’s attorneys.
“It was corroborated subsequently. Information that we had didn't prompt probable cause,” Rothwell said in response.
In cross examination, GBI Agent Jason Shoudel testified that they could have corroborated that information they received in 2005 and 2008 to a tip they received in 2016. He says he didn't realize Ryan and Bo were already part of the case file. The defense is arguing that GBI had enough evidence in 2005 or 2008 to charge Bo and Ryan.
The hearing is set to continue another day. No word on when that will be.