DECATUR COUNTY, Tenn. (WKRN) – District Attorney Matt Stowe’s office said the announcement of who will be the special prosecutor for the Holly Bobo murder case could come any day.
Stowe recused himself from the case after a very public falling out with the Tennessee Bureau of Investigation over the Bobo investigation.
The TBI was the lead investigating agency.
The new prosecutor will take over the case amid a motion filed asking the presiding Judge Creed McGinley to dismiss the kidnapping and murder indictments against Jason Autry and Zach Adams.
Attorneys for the men said in a motion the prosecution missed a Christmas Eve deadline to file a bill of particulars and has failed to turn over essential evidence in the case. A bill of particulars is a filing by prosecutors that explains exactly what a defendant is being accused of.
“The defense has attempted more than once to be provided this information and has met with either silence or stonewalling,” Autry’s defense attorney Fletcher Long wrote.
Judge McGinley ordered the state to provide the document after a December 17 hearing where he voiced frustration with lack of progress in the case.
In talking about the remains of Bobo, Long said defense attorneys had not seen definitive proof that the skull found in September is that of Bobo.
“Obviously, if the results of the skull came back unknown or to someone other than Holly Bobo, that seriously impacts the government’s investigative integrity and credibility going forward,” Long wrote.
Autry and Adams are due back in court January 14.
At that time, Judge McGinley had asked prosecutors to say whether they would seek the death penalty.
It’s unclear how the appointment of a special prosecutor will impact that decision and when it will be reached.
Judge McGinley also said he anticipates approving a motion for a change of venue for the murder trials if the defense attorneys make the request.
Lawyers for both men said they plan to ask for a change of venue.
A Bobo family spokesman said the latest developments have been extremely rough on the family and they would not comment further.
For complete coverage of the Holly Bobo case, click here.