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  1. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #159

    On first blush it would seem but it can be considered non-testimonial. However, I wouldn’t try it in court either due to the OJ factor. https://www.justice.gov/archives/jm/criminal-resource-manual-256-voice-exemplars-self-incrimination
  2. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #159

    Yes. There are a variety of times when a court decides to act on its own motion, and she decided this was such a time.
  3. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #159

    An unspent round by nature requires a bullet and a case (which holds a primer, gunpowder, and by tension the bullet together for a complete cartridge). But in my experience people often call rounds bullets or vice versa - like the never ending gun nut argument over the proper use of magazine...
  4. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #159

    As to tool mark analysis on casings, the Indiana Supreme Court has allowed it. In fact, they allowed testimony of a match based on tool marks on unfired cartridges to fired casings without the gun being in the picture at all (fairly remarkable; I saw at least one other state did not allow...
  5. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #159

    Here is a pic of a 9mm p226 (one of mine) with extractor engaging a dummy round just for reference. IMO the quality of the match cannot be known by us; just the conclusion a match was determined by the examiner which supports the PCA. The defense would likely make attacks on the process and...
  6. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #158

    It's interesting the search warrant for RL, which has a lot of details about some things (hair and fiber found, redacted short description or word about the type of weapon), did not mention the recovered round or the mention of "gun" on the video. Certainly the strategy of holding certain...
  7. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #158

    The rounds are carried in a magazine for this firearm. Usually that involves pressing down w a thumb but I suppose they didn’t get a print here. I also think there was someone who set this meeting up. If LE believe a 2nd person was at play that seems most likely to me how.
  8. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #158

    Talking about the gun. The extractor match is based on a scientific method but the match conclusion is "subjective in nature" (quoting the PCA itself) based on the examiner's training and experience. So the apparent quality of the match isn't known nor the qualifications or the examiner. This...
  9. gritguy

    Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #158

    Well felony murder needs a predicate felony. The following takes the PCA fact allegations as true (which is of course an assumption). With the girls mentioning gun on the video, then the person directing them down the hill after displaying the gun (statute only requires removing the person...
  10. gritguy

    Breaking News/State files Brief Today in Young Case.10/20/14

    I agree. Even BC talked to try to save custody. I understand some believe JY is innocent and/or the state bungled the case. However, I believe 100% he is guilty, and all his actions before and after the crime are consistent with that, IMO. To me, it is probative that JY chose to face serious...
  11. gritguy

    Breaking News/State files Brief Today in Young Case.10/20/14

    Scanning the briefs, here seem to be the main issues: 1. Were the prior civil proceedings introduced to prove a fact alleged or admitted in those proceedings (NCGS 1-149)? 2. If they were not, did the trial court err in overruling the 403 objection that the undue prejudice of the...
  12. gritguy

    Sunday Evening Jury, On the Charge of Murder You Find:

    Just did it for the day (or the shortest time it let me) since it was just to take a snapshot of opinion at that point. It might be interesting to do another one later and see if the general thinking on guilt/innocence changes as information is disclosed and processed.
  13. gritguy

    LeAnna (Mom) #1

    WOW! Well, if she's in line at all with her buddy RH who she's doing it all for, she won't do that and open up all kinds of discovery in the civil suit. If she thinks the tabloid stories are bad, it's obvious she's never been on the receiving end of aggressive discovery procedures. Ok...
  14. gritguy

    JVM to get Written Statement from LH's Lawyer tonight Discuss the Lawyer Stmt HERE.

    That statement won't move the needle in LH's favor (or against - it's a "say nothing" attorney statement). Why write it? Does the lawyer want publicity? Not saying he does, so perhaps he was just heeding his client's call to "do something" as she feels under enormous pressure. However...
  15. gritguy

    GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #13

    I agree. That's why I made the poll like I did, not matching up the charges. The first, most horrifying question to me too is did he do it on purpose? If he did, the charges as laid are satisfied (who knows, maybe they might make additions or changes if they have lock solid evidence of...
  16. gritguy

    GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #13

    The way it is set up they don't have to show any planning or intent of murder. Just that RH seriously harmed Cooper through criminal negligence. That makes him guilty of a felony. Then, they bootstrap to murder through the felony murder statute which basically says if someone dies as a result...
  17. gritguy

    GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #13

    The way it is now they must show that the harm to Cooper was the result of criminal negligence. If they show that, because Cooper died during the commission of that felony, RH can be held guilty of felony murder. Intent is relevant, because it makes it a slam dunk. Recklessness or knowing...
  18. gritguy

    GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #12

    Not sure how that goes though. I'm unclear on it. When my last job became very regional, I worked out of the home, but that meant all kinds of things going on during the day and frequent trips away from the house. It might have been like that for her too -she was based from home in that there...
  19. gritguy

    GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #12

    I saw the clip at a house. I thought one that is a really strange shirt to wear and two it was very, very sleazy of the reporters to jam a camera on her in the doorway like that. Totally insensitive and not going to produce anything worthwhile. I saw the article said they spoke with her...
  20. gritguy

    GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #12

    Old sext, "Let's meet up behind the bar!" New sext, "Let's meet up behind bars!" The only web he's browsing now is the one outside his cell the cleaning crew can't/won't reach.

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