| 04/15/2024 | Order Issued Ex parte communication from James Beverton and Savas Gunn ordered copied and sent to counsel of record and the Clerk of Carroll Circuit Court. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Baldwin, Andrew Joseph Noticed: Rozzi, Bradley Anthony Noticed: Luttrull, James David JR Noticed: Diener, Stacey Lynn Order Signed: 04/15/2024 |
Abby & Libby - The Delphi Murders - Richard Allen Arrested - #181
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vinayd
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Right after this it says he got up and walked out.2024 4/15 suppress 2nd statement .pdf
drive.google.com
Snipped for focus, emphasis mine:
6. However, when the Liggett and Mullin amped up the intensity of
their questioning, (even positioning their bodies closer to Rick), Rick
said the following: “It’s over. I was perfectly fine. I was cooperating.
I was going to give you my phone and then, you know, when you
started reading all these documents – that’s at the – here’s my thing
is. I feel like you guys think I done this. So, I’m done. You do what
you need to do. It’s your job. I understand that, but you better <edit for language>
leave my reputation out if it. So you do what you need to do, and then,
like I said, when you do find this guy, I’ll expect the apology.” Rick
then described how police were trying to ruin his reputation by
accusing him of the murders in public, even groping him as they
patted him down in the street. Rick was expressing that the mere act
of mentioning his name as a possible killer or patting him down on a
public street as if he were a criminal would ruin his reputation and
was greatly upsetting.
This was before he was questioned with his wife. He told them he was done. More than once. That should have been the end of it right there. No more questions without a lawyer present. In quotes; not a defense interpretation of the facts. Actual quotes. Disaster.
Liggett and Mullin did read Rick Allen his Miranda rights before
they began their interrogation, and additionally Rick Allen was
aware that he had freedom of movement as he (Rick) ultimately stood
up and walked out of the interrogation room.
8. However, at the end of the interview (that turned into an aggressive
interrogation) Rick made it clear that he no longer wanted to talk to
law enforcement.
AugustWest
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I'm not following you. How does that matter?
TTF14
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Hot many missteps does it take to become intentional?
TTF14
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Do we have any idea what this might be about? More letters to Judge Gull?
FrostedGlass
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Regarding what you stated here, that has been my understanding; but, then in the Kline case, he said he wanted an atty a number of times but they just kept right on questioning him. I assumed I just misunderstood rules.2024 4/15 suppress 2nd statement .pdf
Snipped for focus, emphasis mine:
6. However, when the Liggett and Mullin amped up the intensity of
their questioning, (even positioning their bodies closer to Rick), Rick
said the following: “It’s over. I was perfectly fine. I was cooperating.
I was going to give you my phone and then, you know, when you
started reading all these documents – that’s at the – here’s my thing
is. I feel like you guys think I done this. So, I’m done. You do what
you need to do. It’s your job. I understand that, but you better <edit for language>
leave my reputation out if it. So you do what you need to do, and then,
like I said, when you do find this guy, I’ll expect the apology.” Rick
then described how police were trying to ruin his reputation by
accusing him of the murders in public, even groping him as they
patted him down in the street. Rick was expressing that the mere act
of mentioning his name as a possible killer or patting him down on a
public street as if he were a criminal would ruin his reputation and
was greatly upsetting.
This was before he was questioned with his wife. He told them he was done. More than once. That should have been the end of it right there. No more questions without a lawyer present. In quotes; not a defense interpretation of the facts. Actual quotes. Disaster.
vinayd
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was replying to the bolded part of your statement I snipped below. Simply saying after that he did walk out. It's the 2nd interview that's more of an "issue".
This was before he was questioned with his wife. He told them he was done. More than once. That should have been the end of it right there. No more questions without a lawyer present. In quotes; not a defense interpretation of the facts. Actual quotes. Disaster.
AugustWest
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Davis v. U.S. (512 U.S. 453 (1994): Davis v. United States, 512 U.S. 452 (1994).
Once a suspect invokes a right to counsel, questioning should immediately stop until an attorney is present.
Here is more on post arrest silence, which is different than here. I don't know the facts of Kline, but maybe differences in pre and post arrest questioning?
Using Post-Arrest Silence of Criminal Defendants at Trial & Legal Limits
The prosecution may be able to draw inferences at trial from the defendant's silence after they were taken into custody but before they were questioned.
www.justia.com
AugustWest
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They are both an issue. Once he has invoked a right to counsel, they cannot question him until he has spoken with an attorney. That day, next day, next week. Must speak with an attorney.
steeltowngirl
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RA stated that there’s no way a bullet from his gun was used in the murders. That may have been a true statement. Had they discussed manner of death in the interview?
drive.google.com
2024 4/15 suppress 2nd statement .pdf
drive.google.com
Yes. I can't find a link that's allowed yet.
Did he ever ask for attorney that we know of? Or did he just leave?
AugustWest
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Regarding the question of whether police violated his Miranda rights, I guess the prosecution argument would be that he didn't clearly invoke his right to an attorney. That's a really iffy argument. It seems he clearly was done with pre arrest questioning. IMO
ETA: thanks for clarifying @vinayd
ETA: thanks for clarifying @vinayd
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vinayd
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No he just left. Warrant went out hours after and they removed the veh. The next time he comes in to "pickup" the veh another line of questioning begins and he is arrested.
- Would they already have back some results from the search warrant? Why was this not mentioned in the interrogation? Or was it?
layer
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I have to wonder if he had the opportunity to invoke his Miranda rights if he wasn't even informed of them.
No he didn’t.
That’s what RA spewed in his so called psychotic state where actual items used in the crime revealed his propensity for ruminations further perverting the case with his willingness to admit that he could envision himself murdering the girls with the alternative method of killing he had at his disposal.
All imo
TTF14
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Since we haven't read or heard the whole thing, maybe it was.
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