IN THE CIRCUIT COURT FOR HARDIN COUNTY, TENNESSEE

TWENTY-FOURTH JUDICIAL DISTRICT AT

SAVANNAH

STATE OF TENNESSEE

DOCKET# 17-CR-IO

ZACHARY ADAMS,
Defendant.

1. I am a licensed, practicing attorney in good standing in the state of Tennessee and

in federal court for the Western District of Tennessee.

2. This Affidavit is being submitted out of an earnest desire for justice and not for any
improper purpose, such as collusion with any of the parties, their counsel or any

other organization.

3. Prior to practicing law, I was an agent with the Tennessee Bureau of Investigation.
From April 13, 2011 until on or about June 12, 2013, I was the
l
ead case agent in the investigation of the abduction of Holly Bobo (hereinafter

the "victim").

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4. Following the trial of ZACH ADAMS, I have reviewed the testimony of JASON

AUTRY, which is available on the Internet, and it is factually and materially

false.

5. AUTRY testified that on April 13, 2011, he arrived at 30 Yellow Spring Road,

Holladay, Tennessee, the residence of Shayne Austin, "sometime after 9 0'clock."

6. ZACH ADAMS' phone records indicate he was still on his home cell tower and

face at 9:10 a.m. and 9:12 a.m. This is a different face, but the same tower

providing coverage for Austin's residence. (See Exhibit One)l

7. AUTRY stated ZACH ADAMS, DYLAN ADAMS and Shayne Austin were present
at 30 Yellow Spring Road when he arrived. AUTRY testified that DYLAN ADAMS
was not wearing a shirt and was standing in the doorway of the trailer; that
Shayne Austin had a gun on his hip, screaming, "Y'all need to get the God
damn hell out of here," and that Austin sold AUTRY morphine. AUTRY stated
he had a conversation with ZACH ADAMS, who asked him to help bury the
victim.

8. AUTRY testified there was a "white, four by four, Nissan Frontier" that

belonged to ZACH ADAMS at Austin's residence. Austin's S-10 may have been

behind the house, but your Affiant confirmed Austin's vehicle was inoperable

before this date.

9. AUTRY, a co-operating co-defendant, did not identify anyone else involved in any

part of this crime.

1 Victim's ce// activity is in pink. Zach Adams' cell activity is in green. Jason

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 of
10. The victim's cell phone was successfully pinged by AT & T four times, with
t
he last ping being at 9:25 a.m. The most northeastern point of this coverage area

is on Club Creek Hall Road, just south of Gooch Road. (See Exhibit Two).

Shayne Austin's residence is northeast of this location.

11. Perhaps the state was confused believing Clint Bobo could have driven

Holly's cell phone because it asked, concerning the 9:25 a.m. event, "This ping

would cover the area of the Bobo house?" But, Clint Bobo could not have driven

his sister's cell phone because he was present at 681 Swan Johnson Road when

Cathy Wise arrived at 8:05 a.m., when Sgt. Tony Weber arrived at 8:10 a.m., when

Investigator Ricky Inman arrived, and when SA Brent Booth arrived and had not

left the residence when your Affiant arrived at 9:45 a.m.

12. For AUTRY's testimony to be truthful, the driver of her cell phone (ZACH

ADAMS, DYLAN ADAMS or Shayne Austin) would have to travel back to Austin's

residence by the time AUTRY arrived "sometime after 9:00 a.m." for AUTRY to

have seen all parties upon his arrival.

13. Assuming the driver of the victim's cell phone (either ZACH ADAMS,

DYLAN ADAMS or Shayne Austin) was at the closest point to Shayne Austin's

residence, then the driver would have driven around seven and a half (7.5) miles

to get there. There was no testimony as to the time it took to make this drive.

(See Exhibit Three)

14. After AUTRY saw ZACH ADAMS, DYLAN ADAMS and Shayne Austin, he

said he purchased morphine from Shayne Austin. AUTRY said it took

approximately ten (10) minutes for him to half the pill, crush the pill, dilute it with

water, heat the mixture for thirty (30) seconds, use a cotton ball to filter the drugs
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and inject the drugs into his right arm. Without considering, for now, the drive

time from the 9:25 a.m. location to Austin's residence, ZACH ADAMS and JASON

AUTRY left to dispose of the victim's body at 9:35 a.m., at the earliest.

15. AUTRY testified he drove a PT Cruiser to the Yellow Spring Methodist

Church and got into the vehicle with ZACH ADAMS. After AUTRY arrived at the

church, he waited on ZACH ADAMS to drive the short distance from Shayne

Austin's house to the church. There was no testimony regarding the time it took

for AUTRY to wait on ZACH ADAMS and then to get into the vehicle with him.

16. The approximate distance from Shayne Austin's house to the first

coverage area for the Birdsong Tower, Section Seven (7) is thirteen and a half

miles (13.5) miles. (See Exhibit Four). AUTRY said this distance was driven in Zach

ADAMS' 1998 Nissan Frontier. According to the website www.topspeed.com/ the

maximum speed for a 1998 Nissan Frontier is one hundred and six (106) miles per

hour. (See Exhibit Seven). The fastest this truck could have taken them to Sector

Seven (7) of the Birdsong Tower is seven minutes and thirty-eight seconds (7'38").

(60 minutes per hour divided by 106 miles per hour, multiplied by 13.5 miles

equals 7.6415 minutes).

17. But, AUTRY's cell phone was on Sector Seven (7) of the Birdsong Tower
at
9:42 a.m.

Of
18. In sum, the following would have to be possible for AUTRY's story to be

true:

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 A. ZACH ADAMS and JASON AIJTRY, on rural, winding and sometimes
gravel roads, drove for thirteen and a half miles (13.5) at the maximum,
constant speed of one hundred and six miles per hour (106 m.p.h.)

B. AUTRY was able to get into ZACH ADAMS' vehicle without it slowing

down from its maximum speed of one hundred and six miles per hour

(106 m.p.h.)

C. The driver of the victim's cell phone was at the closest point to

Austin's residence and he/they drove immediately to Austin's residence.

D. AUTRY's first communication event happened instantaneously with

him entering the coverage area for the Birdsong Tower, Section Seven

E. The driver of the victim's cell phone drove back to Austin's

residence, approximately seven and a half (7.5) miles within a timeframe
of between negative thirty-eight seconds (-38') and twenty-two seconds
(22').

F. The slowest speed the driver of the victim's cell phone could have

traveled to arrive at Austin's residence is approximately one thousand,

Osco hundred and twenty-seven miles per hour (1,227 m.p.h.) on winding,

rural and sometimes gravel roads, meaning AUTRY's story is impossible,

not just improbable. (7.5 miles divided by {22 seconds divided 3,600

seconds per hour}).

19. The victim's cell phone pinged at 8:57 a.m. in the northeast portion of
the

Shiloh Road Tower. The victim's cell phone continued to move east and south

until 9:25 a.m. The victim's phone, almost certainly, did not stop moving from

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8:57 a.m. until at least 9:25 a.m., and could not have stopped for the ten (10)

minutes AUTRY claimed he spent at Austin's residence with ZACH ADAMS,

DYLAN ADAMS and Shayne Austin.

20. The state failed to recognize the import of the foregoing, and separated,

in a confusing manner, the final ping of 9:25 a.m. from all prior cell activity. The

continued movement through this area is supported by the phone data and the

location of the evidence. 1 (See Exhibit One).

22. Your Affiant considered the possibility AUTRY was merely mistaken as to the

times, but that is not possible. There were numerous communication events

between ZACH ADAMS and AUTRY between 8:19 a.m. and 8:55 a.m., meaning

they were not yet together and it could not have been before "sometime after

9 a.m."

22. Additionally, the state appeared to be unaware Shayne Austin was

exonerated with a polygraph examination requested by your Affiant. While the

polygrapher who conducted the examination has since been terminated by the

TBI for unknown reasons, your Affiant had many years of experience working

with her and she was extremely qualified.

23. Your Affiant has utilized polygraph examinations in a number of

investigations and has developed an unassailable, bright-line rule: Innocent

people may fail a polygraph; but guilty people cannot pass a polygraph.

Therefore, Shayne Austin was not involved in the kidnapping, rape and murder

1
Evidence is yellow, green, gray and red. The blue cross represents the
location of the remains of the victim. The barn is in black and Shayne Austin's
house is in blue, Zach Adams' house is in green. Not exact or complete.

Of
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of Holly Bobo. Since AUTRY stated Austin was involved in this crime, and Austin's

parasympathetic nervous system indicated he wasn't, this further solidifies the

impossibility of AUTRY's testimony.

24. While your Affiant is aware the results of a polygraph examination are
currently inadmissible for all purposes in state court in Tennessee, this per se
prohibition is tenuous. In United States v. Posado, the Fifth Circuit Court of
Appeals reversed a conviction where the defendant submitted to a polygraph in
which he showed no deception, just like Shayne Austin. The Posado Court
recognized that the per se inadmissibility stemmed from a time when polygraphs
were much less accurate. Since polygraphs have now shown to be 96% to 98%
accurate, the Frye test may eventually allow their admittance, especially
considering the burden of proof in a criminal case. When considered within the
context of AUTRY's impossible story, a grave injustice, covering an entire lifetime,
may be afoot.

25. The polygraph prohibition stifled your Affiant from providing the "whole
truth" that Shayne Austin was ruled out as being the kidnapper because (a) he
did not have a working vehicle, (b) his hair color was bright red, and not black
like our witness said, (c) at 9:23 a.m., he was many miles away from the victim's

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cell phone ping at 9:25 a.m. and (d) he showed no signs of deception on a

polygraph examination.

27. Additionally, the state seemingly forgot that Clint Bobo, Karen Bobo and

Dana Bobo conducted numerous interviews of ZACH ADAMS, DYLAN ADAMS,

JASON AUTRY and Shayne Austin. The state asked your Affiant during the trial, "Did

you ever give Clint a voice line-up with Shayne's (Austin) voice in it?" This oversight

may have unintentionally given the jury the impression that Clint Bobo, who heard

the abductor that morning, had never heard Austin's voice. Your Affiant believes

Clint Bobo heard Austin's voice a number of times, but Clint never told your Affiant

after any of these encounters, "It was Shayne Austin." Austin's voice was

inconsistent with the "deep, raspy, smoker's voice" Clint described to your Affiant

for over two (2) years.

28. Furthermore, your Affiant interviewed AUTRY in July of 2011 regarding the
abduction of Holly Bobo. At that time, AUTRY made it clear he knew Holly Bobo
because she was his cousin. But, at trial, AUTRY stated he was "clueless" because
he did not know Holly Bobo. This testimony is extremely unbelievable because
Decatur County js a small community and Ms. Karen Bobo, the victim's mother,
was AUTRY's teacher in the fourth grade, and Mrs. Rita Austin, AUTRY's aunt,
testified she was positive AUTRY knew the victim was his cousin. Equally
unbelievable is AUTRY's immediate, unquestioned assistance in the murder of a
relative to benefit a drug associate, but that, I submit, is actually an opinion.

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 29B While your Affiant was rejected, without voir dire, from offering

information regarding the location of the victim's cell phone, opinion is

irrelevant as this information is as simple as dots and boxes. The state evidently

forgot it was provided a coverage map from AT & T, which indicates that every

inch of Yellow Spring Road is covered by the Cox Road Tower, not the Shiloh

Road Tower. Not surprisingly, when the route is extended from 9:06 a.m. for

nineteen (19) minutes, the route ends in the area of the 9:25 a.m. ping (See

Exhibit Six) further indicating the victim's phone did not stop between 8:57 a.m.

until at least 9:25 a.m.

30. Holly's cell phone traveled north and registered on the Shiloh Road

Tower at 8:26 a.m. At 8:57 a.m., her cell phone had potentially traveled a very

short geographical distance to the north face of the same tower. Unless the

abductor(s) drove to the barn on Yellow Spring Road, where the alleged assault

took place, and then for some unknown reason drove back to the Shiloh Road

Tower just to turn around and then head right back down Yellow Spring Road,

AUTRY's testimony is highly incredible and either he, or DYLAN ADAMS, lied
2

about the location the victim was assaulted. (See Exhibit One).

2
Victim's cell activity is in pink. Zach Adams' cell activity is in green. Jason Autry's
ce// activity is in blue. Shayne Austin's cell activity is in yellow. Map is not exact
or complete. Evidence is labeled 1-4.

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 31. As AUTRY has provided impossible testimony regarding the rape and

murder of the victim, and provided no information about the abduction of the

victim, this

Honorable Court may consider this Affidavit for any, or no, purposes it deems
31. As AUTRY has provided impossible testimony regarding the rape and mur&r

Of the victim, and provided no information about the abduction of tie victim,
this Honorable Court may consider this Affidavit for any, or no, purpos it
deems necessary. The Affiant has resolved there is nothing further he an do to
ge justice for the victim.

FURTHER Affiant
sayeth not.
TERRY DI S, Affiant, TN BPR DATE
360 Main Street
Savannah, Tennessee 38372
(731) 438-3680 - Office
(731) 438-3692 - Facimile
STATE OF TENNESSEE HARDIN
COUNTY

On this the 7ti day of November, 2017t came in and for

said county and state, the Affiant, Terry Decus, known to me,
and who, after being placed under oath, reijewed his
Affidavit and endorsed it for the tEren.

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 My commission expires: 10/27/19

CERTIFICATE OF SERVICE
I, the undersigned attorney, certify that a true and exact copy of the
foregoing has been mailed, US Mail, postage prepaid, or emailed, to the listed
attorneys on this the 71 day of November, 2017.
Hon. Jennifer Nichols
Hon. Paul Hagerman
TERRY CUS
Hon. Eric Christensen
Hon. Michael Scholl
Office of the District Attorney Attorney for Jason Autry
General 200 Jefferson Avenue, Suite
30th Judicial District 1500
201 Poplar Avenue, 3rd Floor Memphis, Tennessee 38103
Memphis, Tennessee 38103
(931) 222-1300 Hon. Robert Parris
Attorney for Jason Autry
Hon. Matthew Maddox Bank of America Plaza
Attorney for Dylan Adams 414 Union Street, Suite 905
PO Box 827 Nashville, Tennessee 37219
Huntington, TN 38344-0827
Hon. Jennifer Thompson
Hon. Paul Bruno Attorney for Zach Adams
Attorney for Dylan Adams nashvilleattorney@gmail.com
Bank of America Plaza 414
Hon. Susan Jones
Union Street
Capital Case Attorney
PO Box 444
cc: Hon. C, Creed McGinley Knoxville, Tennessee 37901
PO Box 548
Savannah, Tennessee 38372

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