Gary Grant Jr. Murder

[TheCars1986]

Isn't it possible to still charge Boo with Gary's murder if he were to confess again?

[mwcarolina]

Originally Posted by TheCars1986

Isn't it possible to still charge Boo with Gary's murder if he were to confess again?

Was he acquitted?? If he wasn’t acquitted then they could charge him, though I don’t think he killed Gary. I think he was a threatened witness

[lashlarue]

Originally Posted by TheCars1986

Isn't it possible to still charge Boo with Gary's murder if he were to confess again?

As a legal matter, there is nothing barring them from charging Boo again if he were to make another confession. However, as a practical matter, I find it highly unlikely. Cases where the main or only piece of evidence the police have is a confession, absent any other evidence of guilt, is not a good case.

[lashlarue]

Originally Posted by mwcarolina

Was he acquitted?? If he wasn’t acquitted then they could charge him, though I don’t think he killed Gary. I think he was a threatened witness

No, he was not acquitted. The trial judge ruled Boo's "confession" was inadmissible because it wasn't voluntary. After their key and really only piece of evidence was kicked out, the charge against Boo was dropped. Therefore, there's no double jeopardy issue but it's tremendously unlikely they would pursue a case against Boo again even if he did confess.

[TheCars1986]

Originally Posted by lashlarue

As a legal matter, there is nothing barring them from charging Boo again if he were to make another confession. However, as a practical matter, I find it highly unlikely. Cases where the main or only piece of evidence the police have is a confession absent any other evidence of guilt is not a good case.

His confession, which included what Gary was killed with and what his body was covered with, coupled with witnesses placing him with Gary during the alleged time frame of his death, would be a fairly strong case, IMO.

[lashlarue]

Originally Posted by TheCars1986

His confession, which included what Gary was killed with and what his body was covered with, coupled with witnesses placing him with Gary during the alleged time frame of his death, would be a fairly strong case, IMO.

Not really that strong. Cases where the strongest or only piece of evidence of guilt is a confession, are weak cases. You take into consideration Boo's developmental disability, the fact that he recanted his confession, and the fact that there is no evidence to support his confession other than his confession, is weak. Even when he gave his "confession" he maintained that he "didn't do it." Plus, they had to interrogate him for hours before he gave his "confession." Even if he were to come clean now and confess again, I don't see them getting anywhere with it. I don't know how you ever convince a jury of his guilt to the exclusion of all reasonable doubt.

[mozartpc27]

Originally Posted by lashlarue

Not really that strong. Cases where the strongest or only piece of evidence of guilt is a confession are weak confesses. You take into consideration Boo's developmental disability, the fact that he recanted his confession, and the fact that there is no evidence to support his confession other than his confession, is weak. Even when he gave his "confession" he maintained that he "didn't do it." Plus, they had to interrogate him for hours before he gave his "confession." Even if he were to come clean now and confession again, I don't see them getting anywhere with it. I don't know how you ever convince of a jury of his guilt to the exclusion of all reasonable doubt.

Idk, feels like one of those deals where if they could get the case to a jury, they'd have a reasonable shot of a conviction. Juries don't like murdered children with no explanation.

I don't think competent defense attorneys would ever allow the case to get to a jury if they only evidence were Boo's confession, however.

[lashlarue]

Originally Posted by mozartpc27

Idk, feels like one of those deals where if they could get the case to a jury, they'd have a reasonable shot of a conviction. Juries don't like murdered children with no explanation.

I don't think competent defense attorneys would ever allow the case to get to a jury if they only evidence were Boo's confession, however.

In this instance, competent defense attorneys prevented just that from happening. Yes, juries can let emotions get the best of them, but for the most part, I think they take their oaths seriously and hold the prosecutor to their burden of proof beyond all reasonable doubt. Boo, is a child too and I don't think a jury would take too kindly to what could easily be presented as a lazy police department taking advantage of a kid with a learning disability to get a "confession" after hours of interrogation while maintaining he didn't do it and recanting his confession. On top of that, there really is no other evidence to prove that Boo did the killing.

Nobody can predict what a jury will do, but I'd find it hard to believe they would likely get a conviction under that scenario.

[TheCars1986]

Originally Posted by lashlarue

In this instance, competent defense attorneys prevented just that from happening. Yes, juries can let emotions get the best of them, but for the most part, I think they take their oaths seriously and hold the prosecutor to their burden of proof beyond all reasonable doubt. Boo, is a child too and I don't think a jury would take too kindly to what could easily be presented as a lazy police department taking advantage of a kid with a learning disability to get a "confession" after hours of interrogation while maintaining he didn't do it and recanting his confession. On top of that, there really is no other evidence to prove that Boo did the killing.

Nobody can predict what a jury will do, but I'd find it hard to believe they would likely get a conviction under that scenario.

All of this gets thrown out the window if he were to confess again. Which was my original point. If he were to confess to murdering Gary again, the whole "coerced a confession" angle gets tossed.

[lashlarue]

Originally Posted by TheCars1986

All of this gets thrown out the window if he were to confess again. Which was my original point. If he were to confess to murdering Gary again, the whole "coerced a confession" angle gets tossed.

No, I understand that your original part was what if he confesses again. That's still just as bad, if not worse, because then there is natural skepticism about a confession many years or decades later and there is still the problem of no independent evidence to corroborate the confession.

[TheCars1986]

Originally Posted by lashlarue

No, I understand that your original part was what if he confesses again. That's still just as bad if not worse because then there is natural skepticism about a confession many years or decades later and there is still the evidence of no independent evidence to corroborate the confession.

The evidence that would support it would be that he correctly got the murder weapon right and also knew what Gary's body was covered with. At a minimum, he was present at the crime scene when he was murdered. Confessing to actually doing it, with corroborating evidence such as the pipe and tarp used in the crime, is more than enough because they cannot use the "he was a unaccompanied minor when he confessed" angle to write off his confession.

[mwcarolina]

Originally Posted by lashlarue

No, he was not acquitted. The trial judge ruled Boo's "confession" was inadmissible because it wasn't voluntary. After their key and really only piece of evidence was kicked out, the charge against Boo was dropped. Therefore, there's no double jeopardy issue but it's tremendously unlikely they would pursue a case against Boo again even if he did confess.

Gotcha....personally I don’t think Boo did the crime. He just doesn’t seem like a guy who could do this and get away with it. I think he was there though

[lashlarue]

Originally Posted by mwcarolina

Gotcha....personally I don’t think Boo did the crime. He just doesn’t seem like a guy who could do this and get away with it. I think he was there though

I'm inclined to agree with you on that.

[benoitbabe]

Originally Posted by drew12

lets be clear that teenagers and pre teenagers sometimes fight with each other or one thinks he can out tough the other one. if Gary had borrowed a couple dollars or something for ice cream or so from boo that could make someone mad. boo is a prime suspect. sometimes teenagers threaten younger kids for there lunch money.

I think we are all forgetting that Boo was very handicapped. I don't think he did it. 1. because I don't think with his level of disability he would have lied since he would not get that it was wrong. 2. If he witnessed it he would have blurted it out at some point just because he would not have the ability to hold it.

[TJ]

Lamont At Large visited Atlantic City to talk about the unsolved murder of Gary Grant Jr. He visits some of the locations and his grave.

Lamont seems like a big UM fan. He's done videos on the Las Cruces Bowling Alley Massacre, Jessica Keen, Megan Curl and Martha Moxley cases. Check out his YouTube channel for some true crime stories and cemetery visits.