Abby & Libby - The Delphi Murders - Richard Allen Arrested - #180

[vinayd]

I agree... it's too quiet today and I thought motions would be flying all week!

 

[Salah11]

I agree... it's too quiet today and I thought motions would be flying all week!

They are probably looking for more scapegoats to thrown under the bus as the Odinism angle really hasn’t helped their credibility.

imo

 

[TTF14]

It's just weird to me rather they used the hashtag or not. I'm not very political and have a very common sense style of thinking. Maybe to a fault. People on trial have rights and I'm glad checks and balances are in place. I don't think they deserve top of the line lawyers who are trying to dismiss charges or get them off. So since I believe RA is guilty I am therefore disgusted by his team and the "games" I perceive. May can't come quick enough right?! I truly enjoy how we have kept these threads going!

This is exactly what I'm talking about.

 

[TTF14]

Yes I hope we get the go ahead for May but I just get a feeling they will delay matters yet again because of the defence pulling more stunts.

Moo

The defense won't delay unless they have to. I'm sure they want this over with just as much as everyone else, so they can get back to the rest of their clients, and if he's convicted, pass it on to the appeal team.

 

[vinayd]

This is exactly what I'm talking about.

yes and I'm glad I explained it for you. Personal opinions. I have a family member on trial for a murder he very much did. In his right mind at the time, meh, who knows but God. Do I think he should have been forced to use his public defender...sure do. But my father in law decided to foot a defense bill at 70 years old for his guilty son. That's silly to me. Again, murder was not in the budget. That's from my favorite podcast "Sistas Who Kill" if anyone needs to pass time

 

[FrostedGlass]

The defense won't delay unless they have to. I'm sure they want this over with just as much as everyone else, so they can get back to the rest of their clients, and if he's convicted, pass it on to the appeal team.

Considering how discovery has come to them, IMO they would be justified in asking for a continuance.
However, I think there's zero chance that JG would grant it.

I have no idea how continuances work when a speedy trial is requested.

 

[vinayd]

I think a continuance is possible based on this article:

https://www.justice.gov/archives/jm/criminal-resource-manual-628-speedy-trial-act-1974#:~:text=However%2C%20if%20the%20trial%20judge,from%20the%20Act's%20time%20limits.

 

[Emma Peel]

Some strategy to note here as the O-Theory becomes the vehicle by which the D introduces investigative incompetence and integrity issues into this case.

JMHO

 

[StarryStarryNight]

I agree... it's too quiet today and I thought motions would be flying all week!

I would like to think that everybody has taken a deep breath and realized that a plea deal is the best course.

 

[FrostedGlass]

Some strategy to note here as the O-Theory becomes the vehicle by which the D introduces investigative incompetence and integrity issues into this case.

JMHO

How will they get that past the judge? Wil that be the next motion? OR will they try to introduce it at trial?

 

[TTF14]

Considering how discovery has come to them, IMO they would be justified in asking for a continuance.
However, I think there's zero chance that JG would grant it.

I have no idea how continuances work when a speedy trial is requested.

I don't think she would have a choice, but I'm not a lawyer. And I agree, it would be justified, but those with the pitchforks at the ready will say it's just an excuse to prolong the inevitable. I wholeheartedly disagree with that because the evidence speaks for itself. Not the evidence of the murders. Evidence of the State playing games....with the evidence.

 

[AugustWest]

Yes I hope we get the go ahead for May but I just get a feeling they will delay matters yet again because of the defence pulling more stunts.

Moo

Considering how discovery has come to them, IMO they would be justified in asking for a continuance.
However, I think there's zero chance that JG would grant it.

I have no idea how continuances work when a speedy trial is requested.

I truly think we have crossed the Rubicon here. RA wants a speedy trial, the days are quickly counting down, and JG has to be cognizant of this desire. Coupled with her slap on the wrist for removing RA's counsel of choice, I don't feel she would rock the boat by delaying the proceedings, short of extreme circumstances.

 

[AugustWest]

I think a continuance is possible based on this article:

https://www.justice.gov/archives/jm/criminal-resource-manual-628-speedy-trial-act-1974#:~:text=However%2C%20if%20the%20trial%20judge,from%20the%20Act's%20time%20limits.
View attachment 496133

This applies to federal prosecutions, not state.

 

[susiQ]

I would like to think that everybody has taken a deep breath and realized that a plea deal is the best course.

If he’s innocent of the murders, why on earth would he make a plea deal? I sure wouldn’t. I’d continue to fight for justice and my freedom and maintain my integrity. Seriously, what would a plea deal get him anyway? JMT

 

[Emma Peel]

How will they get that past the judge? Wil that be the next motion? OR will they try to introduce it at trial?

This is what I'm thinking. The O-Theory (SODDI) is the vehicle. JMHO

 

[FrostedGlass]

If he’s innocent of the murders, why on earth would he make a plea deal? I sure wouldn’t. I’d continue to fight for justice and my freedom and maintain my integrity. Seriously, what would a plea deal get him anyway? JMT

I agree.
With 2 murder charges, I can't imagine them offering him any deal that would be worth giving up his right to appeal.

 

[susiQ]

This is what I'm thinking. The O-Theory (SODDI) is the vehicle. JMHO

I see your point! LE and NM themselves have opened the door to invite that line of questioning in, right?

 

[AugustWest]

This is what I'm thinking. The O-Theory (SODDI) is the vehicle. JMHO

I would say just the Franks motions have done the job. They have made a thorough record for review of their feelings on the insufficiency and truthfulness of the search warrant. As well as their feelings on the prosecution's failures to produce potentially exculpatory evidence.

 

[Caylee Advocate]

Just another example of them attempting to keep media focus on this case. They've filed 3 motions for FH. They've been denied. Move on and prepare for the trial that you asked for a Speedy Motion on.

What is soooo very important that they want to have the SW tossed if Defendant Allen is truly innocent? Who cares what they found? If he is innocent...it reeks of desperation. Seasoned case watchers can see this even if the average person does not. The D is worried and not ready.

MOO

Oh well/

 

[Emma Peel]

I see your point! LE and NM themselves have opened the door to invite that line of questioning in, right?

Well, the O-Theory has served as (a bit of a) trojan horse.

LE and NM have had to make some admissions on the record they might have not otherwise made had the Defense not chosen the O-Theory as SODDI argument.

For example, the State's had to explain why they've not included or have been unable to provide discovery timely, they've admitted that critical early investigation evidence has disappeared so it can't be provided, and they've had to address a line of investigation that was stopped before obvious phones were subpoenaed, and explain that geofencing of the crime scene may be minimal, incomplete, and/or not as robust as might be anticipated.

We'll have to be more patient to know what's on the record vs what will be presented at trial.

JMHO