Abby & Libby - The Delphi Murders - Richard Allen Arrested - #177

[FrostedGlass]

I can’t for y’all to read this one. They finally suggest maybe the kids were not killed on the day they were taken and maybe they were brought back there after the search was called off.

My jaw dropped when I read that one.

 

[photographer4]

This was only one of several suggested reasons for there being 3 phones near the CS. They did not put any other emphasis on this idea, just so people who don't read the document don't get the wrong idea. JMO.

What I'm curious about is whether or not one of these three phones belonged to L, the phone we already know about. If it is, and the second phone is the phone possibly linked as a second victim phone, then that pretty much leaves the third phone as the killer's phone, an unknown witness's phone, or someone's who participated. They are saying none of these phones are affiliated with RA. My issue here is that the identity of the owner of that third phone is unknown. Does LE even know? Because if not, I'm wagering on it being a burner phone. JMO.

RA said he was looking at a stock ticker, so his phone number, linked to him via the DD interview, should have been on the trail at some point between noon and 4pm. If it wasn't, it would prove he's lying about being on his phone. Or, if it was on the trail but turned off during the murders, or was stationary the entire time, that would look suspicious. But I'm not convinced there even is any data from the trails at all, which is concerning. I think RA's phone data will be very significant, no matter if it was on or off. JMO. It could work for or against him, especially if the 3rd phone from the CS was a burner. JMO.

Well stated! Sorry, I didn’t mean to leave anyone with a wrong impression but in my haste I see I probably did exactly that.

You’d think that if RA’s phone could show he was not within 60-100y of the area in question that would be something they’d be screaming about, no?

 

[TL4S]

Well stated! Sorry, I didn’t mean to leave anyone with a wrong impression but in my haste I see I probably did exactly that.

You’d think that if RA’s phone could show he was not within 60-100y of the area in question that would be something they’d be screaming about, no?

Exactly, and like others have stated, the D has omitted anything pertaining to RA's phone, its location that day, RA's alibi, etc. I understand why others are suspicious of that, and think it's word play by the D. It could be just that. We just don't know what either side has regarding RA's phone. Could they be saving it for trial? But LE would have that same information, so...? IDK.

One thing that really bothers me about this third phone is that the presence of a burner phone (if that's what it is) seems to suggest someone with intentions, either for untraceable communications, or perhaps for the camera/video function. Makes this seem a whole lot less opportunistic, unless the killer always carried this burner for that purpose. Like the gun and knife, etc.

If RA took two phones, looked at his registered phone on the trail, then turned it off for the murders and used the burner phone, that suggests a fair amount of planning, IMO. I guess I don't really know if that fits with the profile or not. For whatever that's worth.

I wonder where that third phone was before and after the murders?

 

[iamshadow21]

Does it feel to anyone else that defense is trying to argue in these motions stuff that should be made to a jury? They're working so hard to promote their theories of the crime, rather than the usual stuff I'd expect at this stage.

MOO

 

[FrostedGlass]

Does it feel to anyone else that defense is trying to argue in these motions stuff that should be made to a jury? They're working so hard to promote their theories of the crime, rather than the usual stuff I'd expect at this stage.

MOO

Feels to me like they are laying foundation for appeals if needed.
Something like: Multiple times we asked for a FH, multiple times we asked for our client to be moved...

 

[steeltowngirl]

So, the defense is saying the search warrant wouldn’t have been signed off if Diener knew other phones were around. If that were true, any murderer who turned off their phone - where others were within geofence distance - would get away with their crime.

Has the defense forgotten that RA admitted to being on the bridge?

 

[TL4S]

Feels to me like they are laying foundation for appeals if needed.
Something like: Multiple times we asked for a FH, multiple times we asked for our client to be moved...

On another note, I don't understand why the contempt hearing is part of RA's case still, but that's how JG ruled. So, since it's still under RA's case number, is it even possible for the hearing to wait until after trial? This issue alone will cause an appeal later, I'm guessing.

 

[steeltowngirl]

Wait…. Is the latest from defense a request for continuance? Of the trial?

Didn’t they ask for a speedy trial?

WTF is going on?

 

[TL4S]

Wait…. Is the latest from defense a request for continuance? Of the trial?

Didn’t they ask for a speedy trial?

WTF is going on?

It's a continuance of the contempt hearing on March 18th, I believe. JMO.

 

[photographer4]

So, the defense is saying the search warrant wouldn’t have been signed off if Diener knew other phones were around. If that were true, any murderer who turned off their phone - where others were within geofence distance - would get away with their crime.

Has the defense forgotten that RA admitted to being on the bridge?

DBM. I need coffee.

 

[FrostedGlass]

On another note, I don't understand why the contempt hearing is part of RA's case still, but that's how JG ruled. So, since it's still under RA's case number, is it even possible for the hearing to wait until after trial? This issue alone will cause an appeal later, I'm guessing.

I thought Ausbrook's filing would have taken her in a different direction but it didn't. If they had filed it separately, maybe it could have tracked with the murder case and be settled at the same time. I've seen this happen in other cases. The way it stands ??

 

[Gemmie]

I think this might be new. I'm not as up-to-date as y'all.​

Delphi Defense Team Files Third Franks Motion, Wants Home Search Evidence Suppressed​

Delphi Defense Team Files Third Franks Motion, Wants Home Search Evidence Suppressed

CARROLL COUNTY, Ind. -- The defense team for Delphi murders suspect Richard Allen have called for a third Franks hearing on grounds that police have intentionally sabotaged parts of the case with false information and have withheld crucial information.

wibc.com

 

[Ravenmoon]

I think this might be new. I'm not as up-to-date as y'all.​

Delphi Defense Team Files Third Franks Motion, Wants Home Search Evidence Suppressed​

Delphi Defense Team Files Third Franks Motion, Wants Home Search Evidence Suppressed

CARROLL COUNTY, Ind. -- The defense team for Delphi murders suspect Richard Allen have called for a third Franks hearing on grounds that police have intentionally sabotaged parts of the case with false information and have withheld crucial information.

wibc.com

Nothing to see here, but please, also .. don't look!

This, to me, is a neon sign saying "evidence was absolutely found ."

 

[sunshineray]

Today's Franks motion:

Adobe Acrobat

I've got a question maybe someone can answer. Why have recently filings by RA's defense not been signed by both his defense attorneys, like they have been historically?

 

[Gemmie]

This Filing is from the Defense - Motion to Compel and Request for Sanctions.
NOTE - It's 18 pages long. Here's the first 9 pages ... dividing b/c I'm wary as to how many screenshots this forum accepts in one post ...

View attachment 489948
View attachment 489949


View attachment 489950
View attachment 489952
View attachment 489954

View attachment 489955

View attachment 489957
View attachment 489958
View attachment 489959

Do you, or anyone for that matter, have a link to the doc? I prefer an actual copy as ofttimes they are searchable. I can't search a SS for text. Wish I could! I gave up trying to find one myself so hoping someone has it handy. TIA!

 

[Emma Peel]

I thought Ausbrook's filing would have taken her in a different direction but it didn't. If they had filed it separately, maybe it could have tracked with the murder case and be settled at the same time. I've seen this happen in other cases. The way it stands ??

Jumping off your post.

IMO, Yesterday and todays motions, revealing Gull inserting herself into the Leak investigation, tell me a great deal as to why Gull prefers the Contempt Hearing to remain under her control.

Holeman interviews Forston on tape, Forston keeps saying he wants a lawyer, Holeman makes a call, "speaks to Judge Gull (?)" and threatens Forston with the wrath of Judge Gull, Forston commits suicide shortly after.

Solutions?
Ethically - Gull's oversteps and her failure to invoke a Special Counsel and partition her Court from this Leaks investigation require her to recuse from the Contempt hearing. (Whether Holeman bluffed or not.)
Or - with the same effect - Gull could continue it while sending the hearing to a Special Judge (not technically a recusal, just the right thing to do.)
Or - perhaps she can still dismiss that entire contempt proceeding as WRONGLY BROUGHT in her Court (Ausbrook's point). That places the onus to find a new venue for it on the Prosecution.

All of the above is JMHO

 

[layer]

...a neon sign saying "evidence was absolutely found ."

LOL!
Now I seriously want to make that into a neon sign and donate it to my local LE.

 

[Emma Peel]

I've got a question maybe someone can answer. Why have recently filings by RA's defense not been signed by both his defense attorneys, like they have been historically?

For expediency's sake.

I take that this team is not taking the beat to get both handwritten signatures where one will suffice.

All we can surmise is that the single-signed submissions of any brief is managed by the office of the signing counsel.

hurry hurry hurry
JMHurryO

 

[girlhasnoname]

A for effort.

But IMO a misrepresentation of what a search warrant is and isn't.

It's based on LE's work product. It's loaded toward the individual in LE's sights. It doesn't pretend to include everything.

I find the Defense's questions interesting. All good things for them to go hard on cross over.

Mostly I'm thinking about the fruits of that search. Must be strong stuff because IMO the Defense is posturing hard to get it thrown out.

My needle hasn't moved.

Whatever they recovered from the SW must be pretty damning to RA and their case. R&B have now filed 3 memos in support of a Frank's hearing. We want, we want, and we want again. If they are so sure of RA's innocence why are they obsessed with getting a Franks hearing when they have been denied 2 times already? There has to be something seriously incriminating there that they don't want to come to light.

Is there a limit or can they just keep wasting their time and the Court's time filing these frivolous Motions in an effort to detract and deter from their own Contempt hearing and the trial that they filed a speedy motion for and Judge Gull granted????

It's another pathetic attempt and I can literally 'feel' the desperation coming off of it. Judge Gull ruled against them twice and it looks like it's going to take 3 times for them to understand. That was not her findings no matter how many times or how many ways they try and state it. She can deny their Motion without a hearing as is her right, they cannot force her to change her mind or give them reasons stating why/how she came to that conclusion.

Why is this so hard for the Defense to understand? It's because there is something there that can't let come to light. IMO

All MOO

 

[girlhasnoname]

I've got a question maybe someone can answer. Why have recently filings by RA's defense not been signed by both his defense attorneys, like they have been historically?

It seems like R is doing his own filings and B is doing his. If one gets disqualified (AB) for their misconduct, Rozzi will still be left (being DP certified) as possibly continuing representing RA. Purely MOO, this is the only thing I can think of that explains the type of 'separation' we're seeing between the two.