Defense attorneys for Ryan Duke have filed their response to a series of new charges in the Tara Grinstead case accusing the state of revenge prosecution.

The motion filed by the Atlanta-area based defense team this week argues that Duke can’t legally be charged again in connection with the Grinstead case.

Prosecutors disagree and called a special grand jury to file additional charges. Now it’s up to a judge to decide who’s right.

Cobb-based lawyer Ashleigh Merchant is one of attorneys for Duke. She authored this motion for dismissal against the latest charges.

“I think the timing is interesting and the timing speaks for itself,” Merchant told WSB-TV′s Tony Thomas.

>> Tony Thomas also spoke with Cox Media Group’s Nicole Bennett in an episode of her true crime podcast ‘Beyond Criminal Headlines’ about Grinstead’s case. Listen to the full interview here.

Last week, Duke was indicted on six counts for concealing Grinstead’s death, hindering apprehension, tampering and lying in Ben Hill County.

A South Georgia jury found Duke not guilty in the murder of the beauty queen and teacher last month in Irwin County.

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Merchant said it’s too late for prosecutors to file these charges and the law requires them to do so within four years of prosecutors knowing about the crime or those involved.

“I think this is a very clear issue,” Merchant said.

Prosecutors haven’t returned Thomas’ emails for comment, but in the indictment put the date of when the statute of limitations started as Feb. 19, 2017.

That’s the same day defendant Bo Dukes spoke with the Georgia Bureau of Investigation.

Duke’s defense team is making public several internal investigative reports it says shows authorities were told about the two years before their arrests -- as early as Nov. 8, 2005--- as volunteers were still searching for Grinstead.

“There were reports in 2005 when they searched (the) orchard. There were reports in 2006, in 2008, in 2016, in reports in early 2017,” Merchant said.

Prosecutors argue that because statute of limitations were halted or tolled during the pandemic, they still had just enough time to file these new charges.

A judge will likely set a hearing sometime this summer on the new charges and if they should be dismissed.

Philip Holloway, a former prosecutor and police officer, is now a legal analyst for 95.5 WSB. This week, Holloway spoke with Cox Media Group’s Nicole Bennett to preview what’s next in the Grinstead case, following the new charges filed against Ryan Duke. He predicts that the prosecution will have an uphill battle and points directly to reports filed by the Georgia Bureau of Investigation that contradict the prosecution’s indictment.

Listen to his interview below from the CMG podcast series ‘Beyond Criminal Headlines’:

Beyond Criminal Headlines is a true crime podcast where every two weeks, host Nicole Bennett sits down with esteemed journalists from across the industry who’ve covered some of the most notorious crimes in American history. Find the latest ‘Beyond Criminal Headlines’ content on any podcast provider or listen on demand here.

Last month, Holloway was also in Irwin County during Ryan Duke’s trial, covering all the shocking developments firsthand. Originally from south Georgia, Holloway has appeared on several national media outlets, including the ‘Up and Vanished’ podcast series, whose first season focused on the Tara Grinstead case.

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