Ser UNE FOLK wy sme — IN THE CIRCUIT COURT FOR HARDIN COUNTY, TENNESSEE TWENTY-FOURTH JUDICIAL DISTRICT AT SAVANNAH STATE OF TENNESSEE DOCKET# 17-CR-10 ZACHARY ADAMS, Defendant. AFFIDAVIT OF FORMER TBI AGENT TERRY DICUS COMES NOW Terry Dicus, as an officer and friend of this Honorable Court, (hereinafter “Affiant”) and after being deposed and placed under oath, do solemnly swear the foregoing is true and correct to the best of my information, knowledge and belief. 1. Iam 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 Page 1 of 11lead case agent in the investigation of the abduction of Holly Bobo (hereinafter the “victim’), 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 o'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)! 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 cell activity is in pink. Zach Adams’ cell activity is in green. Jason Page 2 of 1110. The victim's cell phone was successfully pinged by AT & T four times, with the 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 Page 3 of 11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 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. Page 4 of 1118. In sum, the following would have to be possible for AUTRY’S story to be true: A. ZACH ADAMS and JASON AUTRY, 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 (7). 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, two 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}). Page 5 of 11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 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 falled 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.? (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 am." 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. 2 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. Page 6 of 11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 ‘of Holly Bobo. Since AUTRY stated Austin was involved in this crime, and ‘Austin’s parasympathetic nervous system indicated he wasnt, 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 Page 7 of 11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 tral, “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 is 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. Page 8 of 1129. 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 about the location the victim was assaulted. (See Exhibit One)’. 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 3 Vietim’s cell activity is in pink. Zach Adams’ cell activity Is in green. Jason Autry’s cell activity is in blue. Shayne Austin’s cell activity is in yellow. Map is not exact or complete. Evidence is labeled 1-4. Page 9 of 11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 necessary. The Affiant has resolved there is nothing further he can do to get justice for the victim. FURTHER Affiant sayeth not. 5 / 2 Quo ufa in TERRY DICUS, Affiant, TN BPR 028003 DATE 360 Main Street Savannah, Tennessee 38372 (731) 438-3680 — Office (731) 438-3692 — Facsimile STATE OF TENNESSEE HARDIN COUNTY On this the 7" day of November, 2017, came before me, a Notary Public in and for said county and state, the Affiant, Terry Dicus, whose identity is known to me, and who, after being placed under oath, stated he has carefully reviewed his Affidavit and endorsed it for the reasons and purposes stated, herein. Page 10 of 11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 7" day of November, 2017. Hon. Jennifer Nichols Hon. Paul Hagerman Hon. Eric Christensen Office of the District Attorney General 30" Judicial District 201 Poplar Avenue, 3" Floor Memphis, Tennessee 38103 (931) 222-1300 Hon. Matthew Maddox Attorney for Dylan Adams PO Box 827 Huntington, TN 38344-0827 Hon. Paul Bruno Attorney for Dylan Adams Bank of America Plaza 414 Union Street cc: Hon. C. Creed McGinley PO Box 548 Savannah, Tennessee 38372 TERRY DICUS Hon. Michael Scholl Attorney for Jason Autry 200 Jefferson Avenue, Suite 1500 Memphis, Tennessee 38103 Hon. Robert Parris Attorney for Jason Autry Bank of America Plaza 414 Union Street, Suite 905 Nashville, Tennessee 37219 Hon. Jennifer Thompson Attorney for Zach Adams nashvilleattorney@gmail.com Hon. Susan Jones Capital Case Attorney PO Box 444 Knoxville, Tennessee 37901 Page 11 of 11