Up and Vanished - The Trial of Ryan Duke: Part 5

Episode Date: May 25, 2022

The Up and Vanished team is back on the ground in Ocilla for the highly anticipated trial of Ryan Duke. The jury has reached a verdict and the judge sentences Ryan Duke. For ad-free listening and for Payne’s exclusive Friday recap episode, subscribe to Tenderfoot+ on Apple Podcasts or visit www.tenderfootplus.com for more details. To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices

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Thanks for listening to the Up and Vantage trial series, The Trial of Ryan Duke. We've reached the culmination of the trial. The day has come where Ryan Duke's fate will be determined. Nina instead has been in the courtroom in Osceola since the beginning and walks us through the final days of the trial. Here's Nina. On Thursday morning, we heard closing arguments,

first from John and then Ashley Merchant, who made a case for Ryan's innocence on many of the charges he faced. They even mentioned Bo Dukes by name. Bo Dukes should be sitting in that chair, not Ryan. Bo Dukes should be on trial for the murder of Tara Grinstead, not Ryan. Where was Bo Dukes in this trial? Why did the state not bring him? Why did we have to call Bo Dukes? Why did Bo Dukes not answer our questions? Be thinking about this as we talk

about this case, because there's an important theme here. Ryan took the stand and sat in that chair and told you what he knew. He told you what happened. He didn't have to do that. He could have remained silent and sat over there this entire trial and not told you his story. And you saw him sit there and tell you that story from his own mouth, with his own words, with his own emotion. And you saw how it affected him when he talked. The main theme of the defense closing argument? Use your common sense.

As a juror, you're always entitled to use your human experience in your own daily life to understand what makes sense to you as a human being. You can listen to the evidence and the testimony all you want, but you all have your personal experiences that you draw from. As we go through this evidence,

just use your common sense. What is the most likely thing that happened based on what we know about the evidence? When Ashley takes over, she gets into the technical stuff, the law itself. She's leaving the jury with some questions, reminding the jury that the state must answer every question in this case.

The state has the burden. She even wrote a list of questions on a whiteboard and placed it in front of the jury box. Merchant reminded jurors that the state should have to answer these questions for you. Judge Reinhart took a moment where he left the bench to get a look at the questions that she'd set out in front of the jury box. The judge is going to tell you that the state has the burden to prove beyond a reasonable doubt that Ryan committed this crime in the manner that they have charged in this indictment. He's also going to tell you that the state has the burden to disprove our defense in this case. So not only do they have the burden to prove

what they say happened, they also have to disprove what we said happened. And that's very important. For the prosecution, we have Brad Rigby with J.D. Hart running an audio-visual setup for him. Rigby is animated, and at times, as his voice booms through the courtroom, he resembles an old-time preacher, gesturing as he calls on the jury to seek the truth. You, he says, are truth-seekers.

There's only one verdict. In this case, it speaks the truth. You, he says, are truth seekers. There's only one verdict in this case that speaks the truth. And that verdict is for you to find this defendant in that chair guilty of being a murderer. That's the verdict that speaks the truth. And you let your verdict shine as bright as the fire that burned with it. He plays parts of Ryan's confession for the jury and holds up Tara's jacket. And when he does, you are reminded of how small she was, how vulnerable Tara Grinstead was on that October night in 2005. Rigby reminds the jury how Ryan Duke held up his arms in a demonstration of carrying Tara's body toward the burn pile in the pecan orchard, and that image of Ryan is frozen on the screen before the jury as his closing statement winds down.

With some direction from the judge, the jury is sent to deliberate. They have six counts to consider, and the fate of Ryan Duke is in their hands. They have six counts to consider, and the fate of Ryan Duke is in their hands. After spending the afternoon deliberating behind closed doors at 5 o'clock on Thursday, they meet briefly with the judge and decide to call it a night. They will resume their deliberations on Friday morning. It's lunchtime on Friday when the jury returns. There is a scurry of activity in the courtroom as both sides wait with bated breath for their decision.

All right, Mr. Foran, I understand from the bailiff the jury has reached its verdict in this case. Is that correct? Is your verdict in writing signed and dated by you as foreperson? Yes, sir, it is. Please deliver that to the bailiff. All right, the verdict appears to be in proper form. Ms. Ross, I'll ask that you publish the verdict.

In the Superior Court of Irwin County, Georgia, in the indictment 2017 CR 027, the state of Georgia v. Ryan Alexander Duke. With the jury, find the defendant. Count one, malice, murder, not guilty.

Count two, felony murder, not guilty. Count three, felony murder, not guilty. Count four, aggravated assault, not guilty. Count five, burglary, not guilty. Count six, concealing death of another, guilty. It is signed this day, May 20th, 2022, and signed by the foreperson. The verdict arrives quickly. There are gasps and tears from both sides of the courtroom. And nearly as quickly as it's read, it's over. Tara's family is tearful, as are Ryan's loved ones.

There is sadness, but also a palpable relief. The trial is over, and Ryan Duke? He will not be held accountable for Tara's murder, only for destroying her body in the orchard all those years ago. With the verdict read, the prosecution asks that sentencing take place on Monday, which will give Tara's friends, family, and loved ones a chance to write their victim impact statements. Outside on the lawn of the Irwin County Courthouse, there are rows of cameras and news people ready to hear from the defense and Ryan's family, but they won't hear from Ryan. He will remain in custody through the weekend.

I see genuine smiles from Ryan's brother and his defense team. It's no secret that they are pleased with this outcome. This was a very hard case. It's hard to listen. Anytime you lose a member of the community, especially a beloved member of the community, it's very hard to listen to that evidence and to fairly decide this. But we think that the jury, they got it right. And we're very, very happy with the result. We believe in Ryan and we've believed in him this entire time. And we're so, so pleased that the jury listened and gave it everything that they did. So Monday we'll have a sentencing hearing. Ryan's facing a possibility of up to 10 years in prison. He's already served five years. He's been in custody this entire time.

So he'll get credit for all of that time. And the judge can give him anywhere between one years and 10 years in custody. But Monday is really about the Grinsteads and letting them speak and letting them be heard. And that's what it's really about on Monday. Did Ryan say anything to you after he came down? We saw him emotional. What did he tell you guys before he left? He was very emotional. He said thank you many, many times, just kept saying thank you.

And he felt like the jury heard him. And it's something that's been weighing on his mind for a very long time. I asked him if he wanted to speak on Monday. And he said Monday is about the Grinsteads. Monday is for the Grinsteads to speak and he wants it to be focused on them. We really think that the community can start to heal now. They have heard from Ryan what happened. They know that the person who actually committed this crime is in prison. While he may not be in prison for committing the crime that he committed, he still is in prison. And I think that that gives them some amount of closure.

Justice is never perfect. So while he may not be paying the price for the crime that he committed, he is definitely being punished. And so that hopefully will give the community some amount of closure. And you were arm and arm with him as that verdict came in. Yeah. Yeah. Uh, it's, it's hard to describe, you know, it's, um, you know, it's like you're skydiving and you're about to jump out of the plane, you know, and it's like, Oh, I know it's about to happen, you know? Um, and then it did. And, um, you know, I could feel, uh, I had my, my hand on his shoulder as it was red and I could feel the tension sort of flow out of him. you know, as the as the non-guilty verdicts were read. So it was it had a very clear, you know, physical impact. I could I could feel the tension leave him as it was read.

And his first words? What's that? His first words to you? Gosh, I don't know. Yeah, thank you. Yeah, I think we got back to the roommate there. He didn't really, we didn't say much when we were, you know, out in the courtroom, but yeah, he was, he was overcome with, I think, gratitude and relief once we got back there. Brad Rigby skips the press conference, leaving J.D. Hart and District Attorney Bryce Johnson to make a statement and field questions from reporters. Can you share anything, to make a statement and field questions from reporters. Can you share anything at the moment about how the Grinstead family is doing?

I don't think that'd be appropriate to talk about that. I think Monday morning at 9.30, they'll have an opportunity to address the court and they'll be able to talk about how this crime's affected their lives. And that'll be their opportunity to have their say. So I'll let them handle that. They aren't happy with the outcome and remind the public that the jurors have spoken.

They also address whether or not Bo Dukes will be charged in this case. So just as we've said, he still has pending charges in Ben Hill County, and we intend to go forward on those as soon as we can get them into a courtroom. Is murder potentially on the table? We don't anticipate any further charges to be filed in this case in Irwin County. We think the evidence showed Mr. Duke is the killer. I don't believe in good conscience we could go forward with a murder prosecution of Mr. Duke's in Irwin County because other than Ryan Duke's self-serving statement that he gave this week in court, I don't believe there's any evidence to prove

that Mr. Dukes killed Ms. Grinstead. So we don't have any intention of seeking a grand jury indictment in this case. We'll see you next time. We've made the BetMGM experience more immersive and fun for all types of basketball fans. Being on the sidelines is one thing. This season, experience basketball on the foul line, exciting state-of-the-art live tracking technology, and dozens of sportsbook selections await you at BetMGM Sportsbook. Tap into every game on your mobile devices. Get up off the sideline and drive to the basket yourself.

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about your gambling or someone else close to you, please contact Connex Ontario at 1-866-531-2600 to speak to an advisor free of charge. Think of the last time you bought something to wear, something to decorate your house, something for your family or friends. What if each time you made a purchase, you got a little something back? With Rakuten, you can. You can earn cash back on just about anything you buy from over 750 stores. If you've ever bought electronics, home decor, fashion and beauty, or booked a trip, well, you could have got cash back.

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Or, Judge Reinhart could sentence him to a full 10 years in prison, the maximum allowable for concealing the death of another. Remember, this is the only charge he's been found guilty of. On Monday, court starts at 9 30 with comments from the defense and the prosecution. One is trying for a lighter sentence, the other is hoping the judge goes all-in on Ryan Duke. for a lighter sentence. The other is hoping the judge goes all in on Ryan Duke. But before his honor will make his ruling, there are victim impact statements to get through. First is Tara's stepmom, Connie Grinstead. She reads from a prepared statement. Her husband, Tara's father, Billy Grinstead, looks on from the gallery. October 2005 was one of the most painful journeys that I think any family could ever be faced with. There are words that are seared in our memories forever.

Missing, disappeared, vanished, and murdered. For over 11 years, we went to bed every night wondering where Tara was and we woke up every morning with the same question, where is she? Tara was reduced from a vibrant, successful, hard-working young woman filled with hopes and dreams. She was reduced to just a few bones and teeth. There was barely enough left of her to even fill a manila envelope. Then after she was murdered, load after load of wood was put on her as they burned her lifeless body. They tried to make sure there would be nothing left of her. What they did to her body

after she was murdered spoke volumes to us about what kind of hearts they had. And then even weeks after she was murdered and her body had been burned, they laughed about it at a party. They thought it was funny. What kind of person could do that to another human being? It wasn't funny then and it's not funny now. It's bad enough that we lost Tara, but to find that we lost her the way we did just made everything so much more painful for us. Tara was a good teacher. She encouraged her students to reach their full potential. She wanted them to be prepared for college or whatever career path they had chosen.

She didn't just want them to do well in her class. She wanted them to do well in life. Tara lost her life, and that left a hole in our hearts that can never be filled. We will feel the pain of this loss for as long as we live. We're still left with painful questions. Did she know she was going to die? Did she beg for her life? Did she suffer? I don't think mere words will ever be adequate to truly express the deep sorrow and grief that we have endured for over 16 and a half years. The defendant says he stayed quiet all those years because of fear of Bo, but Bo was in prison many years ago, and yet this defendant remained silent.

He also wants us to believe that he couldn't bear to think that Bo may have stolen Tara's purse, and he felt it was his duty to return it to her. That didn't sound like fear of Bo to us. But then he did nothing when he thought Bo had killed her. Did he feel that stealing was worse than murder? It certainly sounds that way. We put a letter in the Osceola Star every year from the time Tara was reported missing right up until the arrest in 2017. right up until the arrest in 2017,

we pleaded and begged for information about what could have happened to Tara. In one letter, we even said, If it was an accident and you didn't mean to hurt her, please just tell us and we will stand with you and help you make things right. But the silence was deafening. you make things right, but the silence was deafening. His confession in 2017 seemed genuine and sincere, and he looked remorseful. Although he wasn't 100% clear on every detail, he looked like a person who was ready to do the right thing. But his testimony on the witness stand only seemed coached, well rehearsed, and sought self-serving benefits. It was amazing to see how crystal clear his memory became after

spending some time in jail. Billy and I are not spiteful, vindictive people, and we don't believe in hating anyone. But we will always hate what this defendant did to Tara and to all of us who loved her. Mrs. Grinstead is followed by one of Tara's childhood friends. They went to school together all the way through college. There is no appropriate punishment for what Mr. Duke has taken from us. The pure evil acts you have done cannot be undone or forgotten. You have taken from this world one of the brightest souls ever to walk the face of the earth. Tara was one of the sweetest, most loyal, loving people to have ever existed on this planet. She is missed by all that ever had the pleasure of meeting her.

Her smile could light up the whole world, and her laugh, that snorting laugh, was absolutely contagious. absolutely contagious. She loved with her whole heart and was my best friend and an added bonus member of my family growing up. She was loved by so many and will be missed every day because there is a huge void without her. I hope Mr. Dick lives the rest of his life begging God for forgiveness every day till your dying breath. Finally, Tara's sister, Anita Gaddis, takes the stand. She's brought something with her to court today. It's Tara Grinstead's Bible. The Bible was a gift to Tara from Anita back in the early 1990s. Anita talks about Tara's good heart and the goals that

Tara set for herself. She speaks of Tara's faith and the kindness, support, and love that Tara had for her students. Anita Gaddis counts the days that they waited for answers about what became of their beloved Tara and how many days they have waited for answers and for justice. Ryan Duke has been in jail for five years at the Irwin County Detention Center. Personally, I have lived in a prison of hell for almost 17 years. To be more specific, 6,053 days. 6,053 days, Ryan Duke. The maximum he can serve on the charge of concealing a death is 10 years. That's only seven years less than the sentence that I and the rest of Tara's family and friends have experienced due to his revolting and villainous action. Ryan may have acquitted on several charges, but does that make him innocent? Absolutely not. Not by any stretch of the imagination. Speaking on behalf of so many who loved Tara, it is our

feeling that the legal system failed my sister. If the legal system did indeed fail Tara, I implore you, Your Honor, not to let the justice system do the same. Tara deserves and needs justice for the crimes that were committed against her. I respectfully ask this Court that they give Ryan Alexander Duke for the crime concealing a death of another the maximum penalty as required by law. With the impact statements done, the courtroom is silent. All eyes focus on Judge Reinhart, who has words for Ryan Duke before handing down his sentence. Compared to what you were acquitted on, Mr. Duke, this charge of concealing the death of another is minimal, no question about it.

You had a great defense in the case. And that is what it is. And you should be punished accordingly, not for murder, not for burglary, not for aggravated assault, because that's the way the system works. And the community, you, the family, everybody has to live with it because we live in this country. That's the way our system works. But you don't know, really, what pain your actions cause until somebody reminds you that every day what they live with is they can't find terror. Every day they couldn't find terror. And it is true

that despite whatever your selfish feelings were for not coming forward. You have the power to stop that pain for years and years. I agree. I think your testimony was remorseful. Every statement that I heard you make seemed very remorseful. And you should be remorseful. And it won't ever leave you, I'm sure, what you've been through. But it won't ever leave those people either until the day they die.

Until the day they die. And they didn't do anything but love her. That's all they did was love their friend, love their stepdaughter. That's all they did, their sister. And that cannot be minimized or forgotten. You know, whether the system works for some, doesn't work for some, it works for everybody. The system doesn't guarantee any result.

The system seeks justice every day. And those jurors worked hard on your case and they decided what was justice and that's what it is in this case. And it's up to me to impose an appropriate sentence. And that sentence is 10 years to serve in the state penitentiary. You're right. The parole board may

pardon him out today. Maybe that's the case. But that's the sentence of the court. While Reinhart did sentence Ryan Duke to the maximum for his role in the aftermath of Tara's murder, it's a symbolic gesture. Ryan Duke has already served more than five years behind bars. According to Phil Holloway, people usually serve about 18 to 24 months for something like this.

And with his good behavior in prison, it's possible that Ryan Dukes will become a free man in the weeks or months ahead. And joining me for the last time in this edition of the Up and Vanished trial series, Nina Enstead. Nina, how's it going? Eric, it's going well, thank you.

So you were there in the courtroom as the verdict was reached, as the verdict was announced. What was the feel inside the courtroom in that moment? When the judge announced that the jury was coming back in and they had a verdict, there was this mass scramble because everybody wanted to be there and everyone scrambled to get into their seats and get ready. And then a silence descended over the courtroom. And everyone, it was like the courtroom was holding its breath. And the verdict itself was so quick. It just seemed like it should have taken longer. And then it was over. And there were reactions from both sides of the courtroom, from Tara's family and from Ryan's family. And it all seemed to happen fast.

Ryan's family. And it all seemed to happen fast. It kind of is crazy to think about how it all actually works, you know, as opposed to how it's shown in movies and TV shows, how there's this drama that kind of builds up. And really, it's just kind of a matter of fact that these things are happening. It's not so much, the drama doesn't really build like you would think, or like it's presented in a TV show. Right, and being a witness in the courtroom, one of the things I noticed is that in talking to people in the discussion groups and on the discussion boards, they're seeing the trial from the front of the courtroom. I'm seeing the trial from the back of the courtroom.

So I'm seeing the back of everybody's head, whereas they're seeing faces and expressions and movement that I'm missing because I'm literally sitting facing people's back. So I didn't get to see facial expressions of Ryan or of Tara's family. And everyone was really focused on the court clerk who was reading the verdict. So I know there are times where people are able to, you know, people within the media are able to talk to some of the jurors. Was that the case in this instance or how did that work out? I really wanted to speak with the jury after the verdict. I really wanted to see if any of them were interested in being interviewed or even just sharing their feelings or their thoughts

briefly. However, Judge Reinhart had it set up that the jury was literally bussed in and bussed out every day. So when the verdict was read, within 10 minutes, the jury was exiting the courtroom and going to the bus, which would take them to their vehicles. So unfortunately, I could not connect with any of them. I know there was some discussion about sentencing right away and then the prosecution wanted to give some time for the family, Tara's family, to be able to make a witness impact statement. After kind of everything was settled, what was kind of the feel as everyone's kind of leaving the courtroom or what would that feel like after the fact? As everyone was leaving the courtroom, it was kind of a crush. Everybody wanted to get

outside and the press was waiting. So that was a little chaotic. There was literally a row of half a dozen cameras set up from different news agencies wanting to do interviews, wanting to get footage, wanting to talk with the players that were involved in the case. Obviously Tara's family and loved ones were not interested in being interviewed. So they were represented by the prosecution. And in that instance, it was JD Hart and the district attorney. Was there any opportunity to talk with any of them individually or anything like that? Was there an opportunity to kind of, or really anyone that was there throughout the trial that was able to talk? I spoke with Ryan's brother before the verdict came in.

We did not know the verdict was going to come in as soon as it did on Friday. And I asked him if he wanted to be, or if he was okay with being interviewed. And he was kind of funny. He said, about what? But then in the excitement after the verdict came out, it just didn't work out. I ended up interviewing Payne immediately following the verdict. We went

to his vehicle and had a little chat. You can catch that one on Tenderfoot Plus. Don't forget to sign up. Now that this process is kind of finished, now that the trial is over, we know the verdict. We know he's been sentenced to the maximum, which was 10 years. In all likelihood, he's not going to serve much time given that he's already served five. Now that it's all kind of said and done, what are your thoughts on everything now that it's wrapped up? So in the sentencing, I feel like the judge did what he could to send a message to the community and to send a message to Tara's family that he heard their victim impact statements, the judge sentenced him to the maximum time available for the charge, which is 10 years. I reached out to Phil Holloway and said, hey, you know,

how much time is he going to serve? Is he going to be paroled? You know, help me out here with Georgia statutes and sentencing and whatnot. And he said for a crime like this, someone would usually serve like 20 to 24 months. And as we know, Ryan's already served more than five years behind bars. So he's going to be processed through the parole system more than likely in the coming weeks or months. Even though the judge gave him the maximum, we may see Ryan released this summer. I think it was really hard for Tara's family to, they really put themselves out there and they've really been vulnerable for the last 17 years. And I think that the sentencing was, the sentencing and the victim impact statement,

they finally got to say their piece and say what they were thinking and what they were feeling. And I think making themselves vulnerable like that is difficult. It's hard to be vulnerable. And they loved Tara dearly. She was their daughter, she was their sister, she was their friend. And I think it was very hard for them to sit through the trial and hear her life dissected and see her home and her things. And for me, my heart just breaks for them. They've been through so much and they still don't have answers. And I think everyone understands how hard that is for them to not know. And we may never know. Certainly powerful moments while the family members were on the

witness stand and you saw how it kind of impacted everything. They certainly pleaded for the maximum sentencing. And it just leads you to think, Ryan Duke, his time in jail, has that been enough to say that justice has been done? If I were Tara's family or if Tara was my daughter or my sister, no. Five years is not enough time for burning her remains and leaving them with no grave to cry at, no memorial. Five years is not enough time for them.

They want him to be in jail forever, and I understand it. They want someone to pay for what happened to Tara. Unfortunately, the justice system in Georgia is not going to give them what they need. Do you have any final thoughts on the trial itself overall? This was the first time I sat in on a trial from the beginning, from jury selection through to the very end. And it was very interesting. beginning from jury selection through to the very end. And it was very interesting. And I think it's important for listeners to know that as someone who sat in on every minute, for the most part,

I don't feel the state made their case. I don't feel that the state presented unrefutable proof that Ryan was Tara's killer. They did present excellent proof, and Ryan even said so in his own words, with his own voice on the stand, that yes, he helped dispose of her remains. So, was justice served? I don't know what justice looks like when it's your daughter or your sister or your loved one, but did the court work the way it's supposed to work? Yeah, I think it did. But ultimately, that could be unsatisfying. Well, I certainly want to thank you for the hard work you've done being in Osceola for the last two weeks.

A quicker trial than I think we thought it was going to be. I think we actually had slated it for about a month, I think is what all of us kind of anticipated. I think they said something about four to six weeks, and I think we were all kind of banking on a month. But I want to thank you for your hard work. I know all of us at Tenderfoot want to thank you for your hard work. Thanks for going down there and representing us, and hopefully we have an opportunity to work again together. That would be great. Thank you, Eric.

Thank you, Nina. Thanks for listening to the Up and Vanish trial series, the trial of Ryan Duke. I want to say thanks again to Nina Instead for all her hard work covering the trial. Check out her own podcast, Already Gone, for more of Nina. Tune in Thursday for a Q&A episode with Philip Holloway.

He'll tackle the questions you have about the trial. Don't forget to sign up for Tenderfoot Plus and get Payne's weekly recaps so you can hear Payne's own thoughts throughout the trial. Up and Vanish is produced by Tenderfoot TV in Atlanta So you can hear Payne's own thoughts throughout the trial. Thrasher Banks. Hosting and field production by Nina Instead. Music by Makeup and Vanity Set. Sound design and mixing by Cooper Skinner. Original artwork by Trevor Eiler. Special thanks to Beth Hemphill, Julie Grant, and Philip Holloway. Check out the discussion board at upandvantage.com. If you have any questions, leave us a voicemail at 770-545-6411. For ad-free listening and Payne's exclusive Friday recap episode,

subscribe to Tenderfoot Plus on Apple Podcasts or visit tenderfootplus.com.