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

[Emma Peel]

Now, if we put those two statements together in a bowl and toss lightly, we will have another “word salad.”
What’s funny to me is that DC can make the biggest and best word salad all on his own, lol!
IMHO

They're free to share (or not) and to mislead (or not) ... for investigative purposes.
Do that long enough and your word salads are ( *chef's kiss* ) quite palatable.

 

[vinayd]

So, the State only considers the evidence they are going to use as discovery to be handed over. Are they telling us they are going to use 26 terabytes of discovery in the course of the trial that they dropped on the D??

And, with regard to the “Odin Report,” is it the State’s right to determine whether or not it is discovery and/or exculpatory?? Seems rather odd to me. JMHO

They considered the evidence they gave against RA as relevant to this case. All the previous folks were ruled out and he has the spotlight. No need to be camera shy now.

The Odin report was also a part of the discovery. In fact since Click was only helping out he was a part of the investigation. His report is then part of the discovery they would have had in the first place. Maybe it wasn't labeled "CLICK REPORT". That's discussed here on number 15:

15. That the State did not delay turning over evidence from Todd Click. The State turned over a report from Todd Click to the defense that was not discovery but was information gathered in the 6-year investigation. Further, much of the information in the Todd Click report was duplicative of the information in the Indiana State Police reports turned over to the Defense months prior. Plainly, the Defense had the information in the Todd Click report all along because it was duplicative of what was in the Indiana State Police reports. The Indiana State Police had documented the same information that Todd Click documented. All of which is irrelevant because the information was received in both forms by the Defense well before any trial date.
Adobe Acrobat

 

[Emma Peel]

Where in the world is ... Lacy Patton?

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(don't forget to scroll down)

 

[FrostedGlass]

Where in the world is ... Lacy Patton?

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(don't forget to scroll down)

Good catch. I couldn't find the date for his incarceration in Westville.
Here's what it shows currently:

DOC Number	281348
First Name	LACY
Middle Name	D
Last Name	PATTON
Suffix	JR
Date of Birth	06/1988
Gender	Male
Race	White
Facility/Location	South Bend Parole District
Earliest Possible Release Date*	04/03/2024

 

[steeltowngirl]

Where in the world is ... Lacy Patton?

Adobe Acrobat

(don't forget to scroll down)

The document says Lacy was in Westville with RA and is now in Elkhart County Jail. Deposition by defense should have happened today. Scheduled at trial May 20 at 8 am. Needs transport from jail.

Is there something about his location that caught your eye?

 

[Emma Peel]

The document says Lacy was in Westville with RA and is now in Elkhart County Jail. Deposition by defense should have happened today. Scheduled at trial May 20 at 8 am. Needs transport from jail.

Is there something about his location that caught your eye?

I might have noticed that ... it appears LP's current address is Elkhart Cty Jail so ... he's no longer at Westville ... and ... maybe I'm wondering ... why he's no longer in Westville?

 

[Emma Peel]

Good catch. I couldn't find the date for his incarceration in Westville.
Here's what it shows currently:

DOC Number	281348
First Name	LACY
Middle Name	D
Last Name	PATTON
Suffix	JR
Date of Birth	06/1988
Gender	Male
Race	White
Facility/Location	South Bend Parole District
Earliest Possible Release Date*	04/03/2024

Thank you @FrostedGlass!
Look at that "earliest possible release date".
LP is comin' to South Bend soon.
Wondering how long after serving as witness in RA's trial will LP be released?

What was he in for?

emma stares at the brilliant sleuths here, refreshes, taps fingers, refreshes screen ... ... ...

 

[steeltowngirl]

I might have noticed that ... it appears LP's current address is Elkhart Cty Jail so ... he's no longer at Westville ... and ... maybe I'm wondering ... why he's no longer in Westville?

Probably served his time for whatever charge. Looks like he has a very long criminal history and was booked into Elkhart 4/3/24.

LACY DEAN PATTON​

• County:
  Elkhart
• Booking #:
  20-24-0248
• Booked On:
  4/3/24

• Arrest Date:
  4/3/24
• Arresting Agency:
  Elkhart County Sheriff's Office
• Arresting Officer:
  Eggeman

• Estimated Release:
  Unknown
• Released On:
  ---

Case	Charges	Bond
20D04-2012-CM-001604​ Court: Elkhart Superior Court 4 Next Hearing: Unknown	Case Charges​ 35-46-1-15.1(a)(2): (MA) Invasion of Privacy​ Offense Date: 10/29/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 10/30/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/13/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/13/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/17/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/17/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/18/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 10/29/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 10/29/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 10/29/2020 Counts: Unknown	Hold Without Bail​ ​

INjail Public Access

public.indianajail.gov

 

[Emma Peel]

Probably served his time for whatever charge. Looks like he has a very long criminal history and was booked into Elkhart 4/3/24.

LACY DEAN PATTON​

• County:
  Elkhart
• Booking #:
  20-24-0248
• Booked On:
  4/3/24
• Arrest Date:
  4/3/24
• Arresting Agency:
  Elkhart County Sheriff's Office
• Arresting Officer:
  Eggeman
• Estimated Release:
  Unknown
• Released On:
  ---

Case	Charges	Bond
20D04-2012-CM-001604​ Court: Elkhart Superior Court 4 Next Hearing: Unknown	Case Charges​ 35-46-1-15.1(a)(2): (MA) Invasion of Privacy​ Offense Date: 10/29/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 10/30/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/13/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/13/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/17/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/17/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 11/18/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 10/29/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 10/29/2020 Counts: Unknown 35-46-1-15.1(a)(5): (MA) Invasion of Privacy​ Offense Date: 10/29/2020 Counts: Unknown	​ Hold Without Bail​

INjail Public Access

public.indianajail.gov

... and ... THERE IT IS!!!
That's what I'm talkin' 'bout! Ya see these sleuths here? !! They're magic!

Thank you @steeltowngirl !!!

 

[TTF14]

So, the State only considers the evidence they are going to use as discovery to be handed over. Are they telling us they are going to use 26 terabytes of discovery in the course of the trial that they dropped on the D??

And, with regard to the “Odin Report,” is it the State’s right to determine whether or not it is discovery and/or exculpatory?? Seems rather odd to me. JMHO

This is what I want to know! Maybe it is! I'm not a lawyer. Gonna get a question to Bob Motta about it though.

 

[susiQ]

I might have noticed that ... it appears LP's current address is Elkhart Cty Jail so ... he's no longer at Westville ... and ... maybe I'm wondering ... why he's no longer in Westville?

This reminds me of a special moment with my grandson when he was 5 years old. We walked out of the house in the dark night into the fresh snow and he saw footprints and said, “hmmmm…….footprints…..there’s something mysterious going on here.”

 

[vinayd]

Could Patton be an inmate that was moved promptly due to mistreatment by same guards at Westerville?

 

[steeltowngirl]

I’m trying to understand what exculpatory evidence the defense is believing to be withheld. The FM detailed portions of the investigation that they believe points to other suspects. So it seems to me that they already have what they are asking for. What am I missing?

 

[layer]

This is what I want to know! Maybe it is! I'm not a lawyer. Gonna get a question to Bob Motta about it though.

Not a lawyer. Notta Motta.
But I don't want the state to be the ones deciding what are and aren't the holes in their own cases.

 

[susiQ]

I’m trying to understand what exculpatory evidence the defense is believing to be withheld. The FM detailed portions of the investigation that they believe points to other suspects. So it seems to me that they already have what they are asking for. What am I missing?

I’m just going to guess here but I’m thinking they came across something that should be accompanied by a report or such thing. They see part of the story but not all? Again, just a wild guess.

 

[susiQ]

Not a lawyer. Notta Motta.
But I don't want the state to be the ones deciding what are and aren't the holes in their own cases.

I wanted to “ha, ha” the first part and “love” the second part but the program won’t let me . I settled for !

 

[FrostedGlass]

Thank you @FrostedGlass!
Look at that "earliest possible release date".
LP is comin' to South Bend soon.
Wondering how long after serving as witness in RA's trial will LP be released?

What was he in for?

emma stares at the brilliant sleuths here, refreshes, taps fingers, refreshes screen ... ... ...

I think he was transferred from Westville to the South Bend Parole District and his earliest possible release from there was April 3. Then Elkhart LE immediately nabbed him and took him into custody. There is no new case for him as to the April 3 booking date so I'm not sure what that's about.

 

[AugustWest]

This is what I want to know! Maybe it is! I'm not a lawyer. Gonna get a question to Bob Motta about it though.

@TTF14
@vinayd and I were discussing this not too long ago. That is what the following post is about:

@vinayd

Got it now. This Indiana court would allow for inspection of the police reports by the defense (to look for exculpatory evidence), rather than just blanket discovery of the entire police report (which may contain elements of work product). There is a dissent in this opinion; this seems like an issue the IN courts are moving towards more broad discovery but haven't quite gotten there yet. I can't make a guess as to what outcome will follow.

IN case: State Ex Rel. Keaton v. Cir. Ct. of Rush Cty.

US Supreme Court case (there are lots of arguments for and against in the cited case law):

United States v. Nobles, 422 U.S. 225 (1975)

United States v. Nobles

supreme.justia.com

 

[TTF14]

@TTF14
@vinayd and I were discussing this not too long ago. That is what the following post is about:

Thank you! What I glean from this is there's not nearly enough time.... I think it would be in the best interest of their client to ask to have this trial postponed/delayed/continued....whatever you call it. Just my opinion. I think they need more time.

 

[layer]

I’m trying to understand what exculpatory evidence the defense is believing to be withheld.

I think all discovery battles are a fishing expedition to some degree. It is not in the state's interest to broadcast all the weaknesses in their case. I think in their minds, if it didn't exculpate the suspect (which it obviously hasn't since it is proceeding to trial) then it's not really exculpatory. But they have to be careful to avoid Brady. So it's a dance.
I'm sure that's oversimplified and probably completely wrong, so take it as you please.