Abby & Libby - The Delphi Murders - Richard Allen Arrested - #182

[margarita25]

Not OP but, a belief held without proof. Hypothesis.

I suppose you’re right…

 

[AugustWest]

Just 19 more days, trial is closing in rapidly. Almost home.

 

[layer]

I don’t have it handy, but iirc it was only a day or two post murders. I’ll try to locate that, but I’m sure another member will beat me to it!

Thanks! I have been trying to pin this down for a while.

 

[Megnut]

Dbm

 

[susiQ]

Thanks! I have been trying to pin this down for a while.

Still looking. Remarkably, that whole thing is covered in the FM on pgs 130, 131 but there’s no specific date of the interview at the grocery store.

 

[TTF14]

Not OP but, a belief held without proof. Hypothesis.

But, in the context of a courtroom, I'm not sure what OP meant?

 

[Gemmie]

If this goes to trial in three weeks, I will eat a vegan frying pan.

Predictiom: AT is on the cusp of an 11th hour motion for continuance, "on account of the "needless" delay caused by the State's objection to their phone surveys, which shell claim put them unfairly behind schedule.

JMO

Brian Kohberger just so happens to have a vegan frying pan he no longer needs.

 

[vinayd]

Brian Kohberger just so happens to have a vegan frying pan he no longer needs.

Funny how these cases are one and the same. Nothingburger alibis and gaslighting from the defense. Oh and innocent BK and RA behind bars as a massive coverup.

 

[layer]

Funny how these cases are one and the same. Nothingburger alibis and gaslighting from the defense. Oh and innocent BK and RA behind bars as a massive coverup.

I contrast them as night and day. The killings took place on November 13, BK was behind bars on December 30. I know BK belongs where he is and I know why. That case was deftly investigated and looks to be very solid to me. Go P

Then we have this case...

 

[Megnut]

If this goes to trial in three weeks, I'll eat a baby goat.

Amusing (annoying) to watch the Defense sttempt to play both sides of the fiddle -- representing to SCION that RA's only path to a speedy trial is with their reinstatement while maintaining now, as they pound the table hard, that they don't have discovery, don't have organized discovery, haven't actually read through and sorted what they DO have. That's called wanting it both ways.

I imagine they're also looking the world over for an expert that can say eating court documents is a disorder and making confessions is a disease...

But that's JMO.

 

[justtrish]

Just 19 more days, trial is closing in rapidly. Almost home.

I have a question for you.

If the defense were to request a continuance, how late can they file that? Or maybe not late, but how close to the trial date can we get before we don't worry with a continuance request?

If a continuance is requested for some reason, does the judge have to grant it?

Thanks!

 

[vinayd]

Just wondering and going back to DD interview. Let's say DD wrote the info down like this:
Richard Allen 1967 Whiteman

Maybe they thought his name was Richard Allen Whiteman born in 67 when it was entered in. When they go back years later to re-investigate they sort by alphabetical order. Richard is missed in the A's they don't come across his tip until the Ws. We need answers lol

 

[layer]

I have a question for you.

We might need to take up a collection for our legal advice.
I have another question that has been bugging me for weeks: Is it normal that the state hasn't announced that they are seeking the DP yet? I know, define normal.

 

[Ravenmoon]

We might need to take up a collection for our legal advice.
I have another question that has been bugging me for weeks: Is it normal that the state hasn't announced that they are seeking the DP yet? I know, define normal.

I know that you aren't asking me, and IANAL, but in the interest of our collective financial health, it's my understanding that a DP charge should be filed within 120 Days of the accused's arraignment.


Then again, this is Indiana, soooooo

 

[AugustWest]

I have a question for you.

If the defense were to request a continuance, how late can they file that? Or maybe not late, but how close to the trial date can we get before we don't worry with a continuance request?

If a continuance is requested for some reason,

Indiana Criminal Rules of Procedure Rule 1.1 specifies that civ pro rules govern when crim pro rules don't cover the issue:

"The Indiana Rules of Court, as well as all statutes governing procedure and practice in trial courts, apply to all criminal proceedings unless they conflict with these rules."

https://www.in.gov/courts/rules/criminal/#_Toc152240475

Indiana Rules of Trial Procedure (civ pro rules) cover continuances at 53.5:

"Upon motion, trial may be postponed or continued in the discretion of the court, and shall be allowed upon a showing of good cause established by affidavit or other evidence."

Indiana Rules of Trial Procedure

It reads as if the trial court judge has discretion in granting and there is no defined time limit to when a continuance can be granted. I'm not an IN procedural law whiz though, so I might be missing some obscure statute in the procedure. I don't see such in a scan of the procedure statutes.

 

[AugustWest]

We might need to take up a collection for our legal advice.
I have another question that has been bugging me for weeks: Is it normal that the state hasn't announced that they are seeking the DP yet? I know, define normal.

I've itemized by research and labor costs. $235 an hour average for my jurisdiction. The bill is on the way! Agreed?

 

[susiQ]

We might need to take up a collection for our legal advice.
I have another question that has been bugging me for weeks: Is it normal that the state hasn't announced that they are seeking the DP yet? I know, define normal.

I honestly don’t think they’ll go for the DP in this case. What was needed after 5 1/2 long years of word salad and nothing to show for it was a scapegoat, not a sacrifice. JMO

 

[layer]

I honestly don’t think they’ll go for the DP in this case. What was needed after 5 1/2 long years of word salad and nothing to show for it was a scapegoat, not a sacrifice. JMO

Ouch
I just was contrasting this case with Moscow and I noticed this from June of last year:
Prosecutors will pursue death penalty in slayings of 4 University of Idaho students

 

[Justice101]

Just 19 more days, trial is closing in rapidly. Almost home.

Was it being televised/streamed or not? can't remember where it landed, i was thinking one camera streamed to all of media?

 

[susane7]

It's not blaming the Defense for not being ready, what I do blame them for is lying and stating they were ready to go straight to trial, even on the Jan date. Then filing a MST when they knew, by their own admission of having not reviewed all the Discovery, they still weren't ready.

Some could argue strategy, I say deceitfulness that has come back to bite them hard. They referenced in this latest Motion coming across a document they found after they had to go through 'every page of the file'. Ummm, yes, that is what you do. You review every scrap of paper from Discovery front to back. With a combined 70 years of legal experience that shouldn't be news to R&B.

JMO

Oh I know you aren't blaming the D. It was just my way to try to have some empathy for them . I share your sentiments on this D team. I wish RA had better defense attorneys. Look at the attorney for Kohberger case. She doesn't engage in the conspiracy theories of youtubers, podcasters, redditers, etc (tunnels under house, etc) and she is respectful.

This D on Delphi seems to pass more time watching social media and talking to podcasters/youtubers, etc than to look at the discovery.