Abby & Libby - The Delphi Murders - Richard Allen Arrested - #183

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Delphi murders: Prosecutors file motion to ban certain words during Richard Allen's trial
http://abc7ne.ws/3JHwnzK

Prosecutors are asking the judge to ban words like "Odinism," "cult" and "ritual killing."

They say if the defense uses those terms, it could confuse the jury.
Seriously? Guess they're worried that the Defense theory of Odins did it might sway a jury.... lmao. This is ridiculous. Again, this comment does NOT reflect on my view of RA's innocence or guilt. Its merely a statement regarding the antics of the lawyers in this matter.
 
Seriously? Guess they're worried that the Defense theory of Odins did it might sway a jury.... lmao. This is ridiculous. Again, this comment does NOT reflect on my view of RA's innocence or guilt. Its merely a statement regarding the antics of the lawyers in this matter.

You'd think they'd just be like "Fine, let them mention that crazy theory just like in the Mollie Tibbetts trial they tried to say Ninjas did it.....let's see where that gets them." If it's so far fetched, why not just let them say it?

ETA: And yes, I know....different state, different rules. :)

IMO MOO
 
But does it though? Could his sudden departure be a medical issue that he has opted not to share with the public? Could it be he's just ready to retire? Why does something have to be stinking in Delphi because a judge quits?

True. It's just a heck of a coincidence right before trial! I'll be very surprised if it's not related.

IMO MOO
 
I'd like to know if the clothes Abby was dressed in (Libby's clothes, but not the ones she was reported to be wearing) were wet or dry.

I, too, have dropped my phone in the toilet :). And another one into a full glass of water. My experience is that they work "at first" but then everything gets all wonky. So, I'd agree that a phone that has been submerged in water CAN power back on. But would it power back on automatically (essentially stay on?), I doubt it?

I guess the question is if a submerged phone automatically turns off?

It's a good question/line of thinking.

However, I don't think the trio (RA, AW, LG) crossed the creek.

IMO MOO
If they didn't cross the creek, then how did they arrive at the scene where the kids were found dead? Just wondering what your thoughts are.
 
If they didn't cross the creek, then how did they arrive at the scene where the kids were found dead? Just wondering what your thoughts are.

Well, one explanation could be that they were picked up on the private drive and then taken to the spot where they were found at some point in the middle of the night/wee hours of the morning.

IMO MOO
 
"Pings" in this context are not incoming calls/texts, scheduled updates, nor are they internally generated events that awakened the phone.

"Pings" in this context refers to a signal sent by a cellular provider for the purpose of trying to locate a specific phone, initiated after law enforcement contacts a cellular provider (AT&T, T-Mobile, Sprint, Verizon) and asks that provider to help find that given phone's location.

The provider then sends out a signal from its tower(s) with the express purpose and intention to try to locate that phone's location. Based on different techniques and data (like triangulation and time-on-arrival), the cellular provider can then infer certain information about that phone's present location and provide that information to Law Enforcement.

These services from cellular providers intended to assist Law Enforcement are called "Location Based Services".

That is what is being referred to when this motion discusses "pings". This is not just texts and missed calls.

This process is initiated at the behest of law enforcement, and conducted specifically by the network carrier.

View attachment 500553

The table above is from the FBI's Cellular Analysis Survey Team (CAST) unclassified Cellular Analysis & Geo-Location Field Resource Guide.

In this instance, the provider LE contacted was AT&T.

From that same Field Resource Guide:

"AT&T — Mobile Locate: Triangulated coordinates of device based on Timing Advance or Time on Arrival (TOA) and suspected radius e mailed every 15 30 min. Use event based mobile locate."

Source — FBI's Cellular Analysis Survey Team (CAST) unclassified Cellular Analysis & Geo-Location Field Resource Guide
Link to Source — Document Detail

That's why the motion filed today specifically mentioned the 15 minute interval of these "pings".

If they were incoming calls/text, scheduled updates, or internally generated events, these would not correspond to a 15 minute interval. Instead, if what you're suggesting is true, these events would be more clustered together in their timing, and not spread out evenly across 15 minute intervals.

So these are not just random text messages. These are not just random calls. These are not just random app updates. This is not a cellphone only weakly connecting to a tower with a flakey connection strength.

The filing today suggests the phone was consistently "pinged" by the provider in 15 minute intervals, until for some reason, the provider and law enforcement no longer received any information back from these "pings". This missing gap in the location-based service data suggests that the phone was either 1) physically at a location far beyond the reach of the provider's location based service signal, or 2) the phone was powered off, then much later powered back on.

In either event, it blows up the State's timeline.
Ah. Just realized I'd missed this from last evening.

RBBM.

The scion arrives and weighs in on my pet peeve: the State's timeline. ;)

Thanks for this detail!
JMHO
 
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I wonder how often he had walked across the bridge in the past. Because as a Kid I would have walked that a million times over and not even given it a thought in the world it was sketchy with no barriers. When you reach your 30’s I suddenly look at it and think “hell no”. :D

So the fact he was old and overweight I can understand why he would be watching his steps -and looking down instead of looking straight ahead at the girls. He knew they were trapped regardless at the end there.

Moo
Bbm
1. It was said RA walked those trails often. In the Franks Memo so I don’t know if it’s true but it has been stated by his defense. So he would have had time to practice that bridge crossing.
2. I don’t consider 45 old and he was NOT overweight in February of 2017. Video is available of him from December 2016 and he was closer to the 145-160 range ( bar video where he is jumping around a billiard table).
He may appear bigger in the BG video because he appears to be equipped with several layers of clothing and wearing oversized clothing. You really cannot gauge his weight because limbs and neck are not visible. IMO
JMO he was very capable on that bridge and it was part of the trap he laid for his victims. One of which was not as capable on the bridge.

all MO

https://www.scribd.com/document/672126677/DELPHI-Memorandum-in-Support-of-Motion-pdf
 
If the phone was under her shoe, then I think it's likely she did that. If he ordered them to undress, then she knows she has her phone on her, she might have tried to hide it. She takes her shoes off first because pants don't usually come off over shoes. She puts the shoe on the phone on purpose.. then when he's done with whatever he was doing :( He moves her (this doesn't even have to be some big elaborate moving either. What if she was just slumped over one way and he moved her over a bit and that happened to be on top of the shoe that had her phone under it?

The defense might like to suggest that it was some conspiracy about this phone, but I think the solution is much more simple.
Given the injuries inflicted on AW, which were graphically detailed in the original Franks Motion, and which I won't get into here out of respect for the loved ones of the victims and members who may not want to read about them -- I doubt highly that AW had the phone on her mind at all at the time when she was being killed. I do not think that she'd have had the mental capacity / foresight / ability / strength to do anything more than try to survive.

I'd like to know if the phone (did it have a case?) had any fingerprints or DNA from either kid on it? If not, then was there evidence of it having been wiped down by someone at the scene to eradicate prints from it?
 
Super well thought out response! Gotta wonder if the lawyers on either side have people to read our forums to get a sense of what a juror might want to know / question / or call hogwash!
I have no doubt they do. I’ve seen people’s theories/questions/doubts absolutely paraphrased in motions days later.
JMO
 
If the killer's DNA wasn't shed all over that crime scene I wouldn't expect to find it on the phone. In fact, that's the last place I'd look. Huh... surely they did?
I mean, we have to hope they did, because if it is there and could prove guilt, surely they'd be using it? No way to explain why RA's DNA is ON or IN the device if he was never there, wasn't the killer, right?
 
Court finds the D sloppy and incompetent with their handlings of discovery materials, but NOT in contempt.

05/01/2024Order Issued
The Court, having had this matter under advisement following a hearing conducted on March 18, 2024, and having reviewed the evidence admitted at the hearing (the Court did not review any evidence that was offered but not admitted), the arguments of counsel and the briefs and memorandums submitted by Counsel now finds that the State proved by a preponderance of the evidence that defense counsel was sloppy, negligent, and incompetent in their handling of discovery materials. Counsel failed to properly secure evidence and discovery material in this matter. Counsel negligently allowed their discovery outline to be sent to an individual unrelated to this matter (Brandon Woodhouse) who then disseminated that information to the public. Counsel further allowed their discovery materials to be compromised by Westerman (who, in turn, provided the information to Fortson and Cohen). Counsel has described Westerman both as a criminal and a valued consultant and confidante. Despite this Court's findings of sloppiness, negligence, and incompetence, the State is required to prove that Counsels' conduct was willful and intentional beyond a reasonable doubt for the Court to find Counsel in contempt. As the State has not met that burden, the Court declines to find them in contempt of Court for violating the Protective Order issued February 17, 2023, regarding discovery. The State has also alleged that defense counsel violated the "gag order" issued by the Court on December 2, 2022. Defense counsel issued a Press Release on December 1, 2022. The release contained statements that are potentially violative of the Rules of Professional Conduct. As Defense Counsels' Counsel correctly argues in his post-hearing brief, the gag order was not yet issued. As such, the Court declines to find Counsel in contempt of Court as no Order was in place. To the extent that the Press Release violated the Rules of Professional Responsibility, the Trial Court has no jurisdiction to enforce those Rules. As required by the Rules of Professional Responsibility, the Trial Court will, therefore, send a copy of this Order and the Press Release to the Office of Judicial and Attorney Regulation, Executive Director Adrienne Meiring for that Office to enforce the Rules or determine Counsels' ethical misconduct.
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
Noticed:
Auger, Jennifer Jones
Order Signed:
0
 
05/01/2024Order Issued
Defendant's Motion for Pre-Trial Hearing and State's Motion in Limine set for hearing in the Allen Superior Court May 7, 2024, at 9:00 a.m. without objection by the defense, who consents to the venue.
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
Noticed:
Auger, Jennifer Jones
Order Signed:
04/30/2024
 
Given the injuries inflicted on AW, which were graphically detailed in the original Franks Motion, and which I won't get into here out of respect for the loved ones of the victims and members who may not want to read about them -- I doubt highly that AW had the phone on her mind at all at the time when she was being killed. I do not think that she'd have had the mental capacity / foresight / ability / strength to do anything more than try to survive.

I'd like to know if the phone (did it have a case?) had any fingerprints or DNA from either kid on it? If not, then was there evidence of it having been wiped down by someone at the scene to eradicate prints from it?
I didn't say while they were being killed. I said it's likely he ordered them to undress while they were alive and she attempts to hide the phone perhaps thinking she could try to call for help at some point. I think he killed them once they were naked. It seems much easier to order them to undress at gunpoint than it does for him to kill them and then try to undress and redress them.
 
Well, one explanation could be that they were picked up on the private drive and then taken to the spot where they were found at some point in the middle of the night/wee hours of the morning.

IMO MOO
I have wondered that as well - waiting car or something there at the drive at the end of the bridge. I have considered that LG's shoe may have been tossed by LG as a omg we went THIS way clue for people she knew would be coming out for her (eg: dad very soon due to pick them up and would surely look for them!). Or it may have fallen off in a scuffle before being loaded to a car of some sort, but I don't think there was evidence of a scuffle at that side of the bridge (was there)?
 
05/01/2024Order Issued
The Court, having had this matter under advisement following a hearing conducted on March 18, 2024, and having reviewed the evidence admitted at the hearing (the Court did not review any evidence that was offered but not admitted), the arguments of counsel and the briefs and memorandums submitted by Counsel now finds that the State proved by a preponderance of the evidence that defense counsel was sloppy, negligent, and incompetent in their handling of discovery materials. Counsel failed to properly secure evidence and discovery material in this matter. Counsel negligently allowed their discovery outline to be sent to an individual unrelated to this matter (Brandon Woodhouse) who then disseminated that information to the public. Counsel further allowed their discovery materials to be compromised by Westerman (who, in turn, provided the information to Fortson and Cohen). Counsel has described Westerman both as a criminal and a valued consultant and confidante. Despite this Court's findings of sloppiness, negligence, and incompetence, the State is required to prove that Counsels' conduct was willful and intentional beyond a reasonable doubt for the Court to find Counsel in contempt. As the State has not met that burden, the Court declines to find them in contempt of Court for violating the Protective Order issued February 17, 2023, regarding discovery. The State has also alleged that defense counsel violated the "gag order" issued by the Court on December 2, 2022. Defense counsel issued a Press Release on December 1, 2022. The release contained statements that are potentially violative of the Rules of Professional Conduct. As Defense Counsels' Counsel correctly argues in his post-hearing brief, the gag order was not yet issued. As such, the Court declines to find Counsel in contempt of Court as no Order was in place. To the extent that the Press Release violated the Rules of Professional Responsibility, the Trial Court has no jurisdiction to enforce those Rules. As required by the Rules of Professional Responsibility, the Trial Court will, therefore, send a copy of this Order and the Press Release to the Office of Judicial and Attorney Regulation, Executive Director Adrienne Meiring for that Office to enforce the Rules or determine Counsels' ethical misconduct.
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
Noticed:
Auger, Jennifer Jones
Order Signed:
0
And ... the Court repeats her complaints/concerns about the Defense's handling of discovery, punts on consequences ... pulls a Pontius Pilate.

JMHO
 
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I didn't say while they were being killed. I said it's likely he ordered them to undress while they were alive and she attempts to hide the phone perhaps thinking she could try to call for help at some point. I think he killed them once they were naked. It seems much easier to order them to undress at gunpoint than it does for him to kill them and then try to undress and redress them.
I can't hit like on the theory - my heart breaks for the kids, but I think its a reasonable assertion that this is how it could have happened.
 
I was looking up why a phone would ping and then not ping if it's in the same location and something interesting noted was if there were a lot of phones in the area it could interfere with signal. We know there were searches into the night for the girls. Perhaps after the ping attempt in the 5:45pm time frame there were so many searchers flooding the area that it messed up the ability to get a ping on Libby's phone?

Also weather in the area can mess up pinging a phone. I would be curious if the weather was more cloudy from 5pm on and the combo of cloudy skies, the phone being under something and the amount of phones in the area while searchers were looking for the girls just messed up the ability to ping it?
Where does it say the phone would have been in the same location between the times? Per the 4th Franks (linked below):

bbm

l. Indiana State Police believed that L.G.'s cell phone was either out of the area of the Wells Street tower or not in working condition between 5:44 p.m. on February 13, 2017, and 4:33 a.m. on February 14, 2017, at which time there was a successful ping to the phone.

Source:
 
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