Abby & Libby - The Delphi Murders - Richard Allen Arrested - #176

[Cyber sleuth]

Agreed!

I continue to be amused by assertions/assumptions that the Defense Team, including Hennessey, are (in spite of their ~ 90 years of collective defense experience) a bunch of legal clowns.

I am more inclined to presumed the D's filings are calculated, careful and deliberate.

"Ready" is relative. This team has asserted they were ready for speedy trial prior to being removed from the case. Upon return from that long detour, they advised the Court that they received a discovery package from the Prosecution in disarray, that included brand new discovery and a disorganized set of previous discovery, and that the D believed discovery materials they'd previously logged were missing. Two weeks later, they've determined they are again ready for a speedy trial. A two/three week discovery review and reorganization period is a nothingburger.

I'm also inclined to think perhpas Gull did take a few notes from her trip to the SCOIN.

For sure, Gull continues to deliberately block the public from understanding case movement by keeping a blind, meaningless docket. Her Court, her judgement, her choice as some like to point out. Journalists like Barb McD phoning the "court executive" exercising A-1 press rights may be the only way the public will be able to follow what's going on with this Court between open court hearings.

That being said ... and practically speaking, it's possible that phone and/or chamber conference(s) with Gull/the Court and the parties have straightened out the parties' understandings - understandings that haven't been published to the docket - understandings that likely have resolved for the parties many of the questions we're still asking. For example ... Hennessey likely learned the same day of his filing exactly how he could bring his electronics ... and all parties (including Ausbrook) likely have known for some time what type of contempt McLeland means to charge.

It's also possible that (since SCOIN) Gull appreciates the benefits of giving more direct instruction as to the Court's expectations. (Which can happen via phone conference.) Allen Cty local attorneys may be familiar with her eyeroll and read between the lines traditions ... but those traditions have not served her well in Carroll County.

JMHO

Bbm
Curious how DH in all 45+ years of defense lawyering and 100’s of murder trials didn’t know how to properly file the request.

 

[FrostedGlass]

New dates for Westerman

03/01/2024	Motion for Continuance Filed Motion to Continue Filed By: State of Indiana
03/05/2024	Order Granting Motion for Continuance Judicial Officer: Cummins, Douglas B.
03/05/2024	Hearing Scheduling Activity Pretrial Conference originally scheduled on 03/07/2024 at 1:30 PM was rescheduled to 03/27/2024 at 9:00 AM. Reason: By Request.
03/06/2024	Hearing Scheduling Activity Hearing scheduled for 03/27/2024 at 9:00 AM was cancelled. Reason: Other.
03/06/2024	Hearing Scheduling Activity Pretrial Conference originally scheduled on 03/27/2024 at 9:00 AM was rescheduled to 04/11/2024 at 9:00 AM. Reason: Court's Own Motion.
03/06/2024	Hearing Scheduling Activity Final PreTrial Hearing/Conference originally scheduled on 04/04/2024 at 1:30 PM was rescheduled to 05/23/2024 at 9:00 AM. Reason: Court's Own Motion.
03/06/2024	Hearing Scheduling Activity Jury Trial originally scheduled on 05/14/2024 at 8:30 AM was rescheduled to 06/25/2024 at 8:30 AM. Reason: Court's Own Motion.
03/06/2024	Notice Issued Comes now the Court and reset this matter in order to track on the Felony Calendar for Pretrial Hearing/ Defendant's Motion to Dismiss on April 11, 2024 at 9:00 a.m., Final Pretrial on May 23, 2024 at 9:00 a.m. and Trial by Jury on June 25, 2024 at 8:30 a.m. Defendant is ordered to appear at all hearings.cd
03/27/2024	CANCELED Hearing Reason: Other Session: 03/27/2024 9:00 AM, Cancelled Comment: Motion to dismiss
04/11/2024	Pretrial Conference Session: 03/07/2024 1:30 PM, Rescheduled Session: 03/27/2024 9:00 AM, Rescheduled Session: 04/11/2024 9:00 AM, Judicial Officer: Cummins, Douglas B. Comment: Defense Motion to Dismiss
05/23/2024	Final PreTrial Hearing/Conference Session: 04/04/2024 1:30 PM, Rescheduled Session: 05/23/2024 9:00 AM, Judicial Officer: Cummins, Douglas B.
06/25/2024	Jury Trial Session: 05/14/2024 8:30 AM, Rescheduled Session: 06/25/2024 8:30 AM, Judicial Officer: Cummins, Douglas B.

 

[zh0r4]

New dates for Westerman

03/01/2024	Motion for Continuance Filed Motion to Continue Filed By: State of Indiana
03/05/2024	Order Granting Motion for Continuance Judicial Officer: Cummins, Douglas B.
03/05/2024	Hearing Scheduling Activity Pretrial Conference originally scheduled on 03/07/2024 at 1:30 PM was rescheduled to 03/27/2024 at 9:00 AM. Reason: By Request.
03/06/2024	Hearing Scheduling Activity Hearing scheduled for 03/27/2024 at 9:00 AM was cancelled. Reason: Other.
03/06/2024	Hearing Scheduling Activity Pretrial Conference originally scheduled on 03/27/2024 at 9:00 AM was rescheduled to 04/11/2024 at 9:00 AM. Reason: Court's Own Motion.
03/06/2024	Hearing Scheduling Activity Final PreTrial Hearing/Conference originally scheduled on 04/04/2024 at 1:30 PM was rescheduled to 05/23/2024 at 9:00 AM. Reason: Court's Own Motion.
03/06/2024	Hearing Scheduling Activity Jury Trial originally scheduled on 05/14/2024 at 8:30 AM was rescheduled to 06/25/2024 at 8:30 AM. Reason: Court's Own Motion.
03/06/2024	Notice Issued Comes now the Court and reset this matter in order to track on the Felony Calendar for Pretrial Hearing/ Defendant's Motion to Dismiss on April 11, 2024 at 9:00 a.m., Final Pretrial on May 23, 2024 at 9:00 a.m. and Trial by Jury on June 25, 2024 at 8:30 a.m. Defendant is ordered to appear at all hearings.cd
03/27/2024	CANCELED Hearing Reason: Other Session: 03/27/2024 9:00 AM, Cancelled Comment: Motion to dismiss
04/11/2024	Pretrial Conference Session: 03/07/2024 1:30 PM, Rescheduled Session: 03/27/2024 9:00 AM, Rescheduled Session: 04/11/2024 9:00 AM, Judicial Officer: Cummins, Douglas B. Comment: Defense Motion to Dismiss
05/23/2024	Final PreTrial Hearing/Conference Session: 04/04/2024 1:30 PM, Rescheduled Session: 05/23/2024 9:00 AM, Judicial Officer: Cummins, Douglas B.
06/25/2024	Jury Trial Session: 05/14/2024 8:30 AM, Rescheduled Session: 06/25/2024 8:30 AM, Judicial Officer: Cummins, Douglas B.

Wait, so MW’s case is going to a jury?

 

[FrostedGlass]

Wait, so MW’s case is going to a jury?

Yes. He asked for one in the beginning. That is, unless it gets dismissed.

 

[Cyber sleuth]

New dates for Westerman

03/01/2024	Motion for Continuance Filed Motion to Continue Filed By: State of Indiana
03/05/2024	Order Granting Motion for Continuance Judicial Officer: Cummins, Douglas B.
03/05/2024	Hearing Scheduling Activity Pretrial Conference originally scheduled on 03/07/2024 at 1:30 PM was rescheduled to 03/27/2024 at 9:00 AM. Reason: By Request.
03/06/2024	Hearing Scheduling Activity Hearing scheduled for 03/27/2024 at 9:00 AM was cancelled. Reason: Other.
03/06/2024	Hearing Scheduling Activity Pretrial Conference originally scheduled on 03/27/2024 at 9:00 AM was rescheduled to 04/11/2024 at 9:00 AM. Reason: Court's Own Motion.
03/06/2024	Hearing Scheduling Activity Final PreTrial Hearing/Conference originally scheduled on 04/04/2024 at 1:30 PM was rescheduled to 05/23/2024 at 9:00 AM. Reason: Court's Own Motion.
03/06/2024	Hearing Scheduling Activity Jury Trial originally scheduled on 05/14/2024 at 8:30 AM was rescheduled to 06/25/2024 at 8:30 AM. Reason: Court's Own Motion.
03/06/2024	Notice Issued Comes now the Court and reset this matter in order to track on the Felony Calendar for Pretrial Hearing/ Defendant's Motion to Dismiss on April 11, 2024 at 9:00 a.m., Final Pretrial on May 23, 2024 at 9:00 a.m. and Trial by Jury on June 25, 2024 at 8:30 a.m. Defendant is ordered to appear at all hearings.cd
03/27/2024	CANCELED Hearing Reason: Other Session: 03/27/2024 9:00 AM, Cancelled Comment: Motion to dismiss
04/11/2024	Pretrial Conference Session: 03/07/2024 1:30 PM, Rescheduled Session: 03/27/2024 9:00 AM, Rescheduled Session: 04/11/2024 9:00 AM, Judicial Officer: Cummins, Douglas B. Comment: Defense Motion to Dismiss
05/23/2024	Final PreTrial Hearing/Conference Session: 04/04/2024 1:30 PM, Rescheduled Session: 05/23/2024 9:00 AM, Judicial Officer: Cummins, Douglas B.
06/25/2024	Jury Trial Session: 05/14/2024 8:30 AM, Rescheduled Session: 06/25/2024 8:30 AM, Judicial Officer: Cummins, Douglas B.

Wonder why it is discussing felony court calendar when MW is facing class A misdemeanor charges.

 

[zh0r4]

Yes. He asked for one in the beginning. That is, unless it gets dismissed.

When do we find out if it gets dismissed? Would that appear on the docket?

 

[FrostedGlass]

When do we find out if it gets dismissed? Would that appear on the docket?

It's in the update post.
The motion to dismiss will be heard on 04/11 during the Pretrial Conference.

 

[Boxer]

Agreed because if they can paint a picture of RA and BG being virtual Bobbsey twins out on the bridge that day, it's game over along with the ballistics. There are a lot of clothing items involved in that match, and depending on how many items "match up," it's going to be a critical piece of evidence. I know everyone's saying he's wearing a brown hoodie. Not as sure on this, I think it may be an unusually styled hat with a scarf attached that color. The fanny pack is brown, but it definitely looks like a fanny pack, not the "tail end" of a hoodie. I also wonder what the white cord is protruding out there.

That and said he was on the platform at the time she saw him.

MOO basically a shoplifter that just didn't see someone looking at them through postcard rack.

 

[Emma Peel]

Same I think this is another play by defense. They are facing contempt charges. Punishment could bump up against their clients 6th amendment rights with the motion for speedy trial filed.
I’ll believe it when I see it.
Isn’t today they day they are doing depositions for the contempt case?

With respect, I think we can take the speedy trial invocation as a well-anticipated event and no surprise.

Baldwin/Rozzi attested that they were prepared to request speedy trial before Gull told them to stop working for RA ... RA's 6th-Amendment right to speedy trial was a major topic and concern in the SCOIN deliberations. RA's motion for speedy trial has been expected for 4 months ... even Scremin/LeBreto stated they were about to submit for speedy trial and were interrupted from doing so only via SCOIN's reinstatement of Baldwin/Rozzi.

Agree that the coincidence as to depositions and this timing ... may or may not be a coincidence.
LOL. I too am depo-curious for sure.

 

[Emma Peel]

New dates for Westerman

03/01/2024	Motion for Continuance Filed Motion to Continue Filed By: State of Indiana
03/05/2024	Order Granting Motion for Continuance Judicial Officer: Cummins, Douglas B.
03/05/2024	Hearing Scheduling Activity Pretrial Conference originally scheduled on 03/07/2024 at 1:30 PM was rescheduled to 03/27/2024 at 9:00 AM. Reason: By Request.
03/06/2024	Hearing Scheduling Activity Hearing scheduled for 03/27/2024 at 9:00 AM was cancelled. Reason: Other.
03/06/2024	Hearing Scheduling Activity Pretrial Conference originally scheduled on 03/27/2024 at 9:00 AM was rescheduled to 04/11/2024 at 9:00 AM. Reason: Court's Own Motion.
03/06/2024	Hearing Scheduling Activity Final PreTrial Hearing/Conference originally scheduled on 04/04/2024 at 1:30 PM was rescheduled to 05/23/2024 at 9:00 AM. Reason: Court's Own Motion.
03/06/2024	Hearing Scheduling Activity Jury Trial originally scheduled on 05/14/2024 at 8:30 AM was rescheduled to 06/25/2024 at 8:30 AM. Reason: Court's Own Motion.
03/06/2024	Notice Issued Comes now the Court and reset this matter in order to track on the Felony Calendar for Pretrial Hearing/ Defendant's Motion to Dismiss on April 11, 2024 at 9:00 a.m., Final Pretrial on May 23, 2024 at 9:00 a.m. and Trial by Jury on June 25, 2024 at 8:30 a.m. Defendant is ordered to appear at all hearings.cd
03/27/2024	CANCELED Hearing Reason: Other Session: 03/27/2024 9:00 AM, Cancelled Comment: Motion to dismiss
04/11/2024	Pretrial Conference Session: 03/07/2024 1:30 PM, Rescheduled Session: 03/27/2024 9:00 AM, Rescheduled Session: 04/11/2024 9:00 AM, Judicial Officer: Cummins, Douglas B. Comment: Defense Motion to Dismiss
05/23/2024	Final PreTrial Hearing/Conference Session: 04/04/2024 1:30 PM, Rescheduled Session: 05/23/2024 9:00 AM, Judicial Officer: Cummins, Douglas B.
06/25/2024	Jury Trial Session: 05/14/2024 8:30 AM, Rescheduled Session: 06/25/2024 8:30 AM, Judicial Officer: Cummins, Douglas B.

Thanks @FrostedGlass.
This reminds me that everyone involved in this Westerman case just sat through depositions for RA's case. smells like some tingle tangled web weaving. or maybe just coinkidink.

 

[Boxer]

With respect, I think we can take the speedy trial invocation as a well-anticipated event and no surprise.

Baldwin/Rozzi attested that they were prepared to request speedy trial before Gull told them to stop working for RA ... RA's 6th-Amendment right to speedy trial was a major topic and concern in the SCOIN deliberations. RA's motion for speedy trial has been expected for 4 months ... even Scremin/LeBreto stated they were about to submit for speedy trial and were interrupted from doing so only via SCOIN's reinstatement of Baldwin/Rozzi.

Agree that the coincidence as to depositions and this timing ... may or may not be a coincidence.
LOL. I too am depo-curious for sure.

<modsnip>
If it wasn't filed its nothing.

 

[FrostedGlass]

Thanks @FrostedGlass.
This reminds me that everyone involved in this Westerman case just sat through depositions for RA's case. smells like some tingle tangled web weaving. or maybe just coinkidink.

In fact, it was filed on the same day.
They postponed his trial until 06/25, which will take it beyond RA's trial.
Funny how everything about these cases could be something or nothing.

 

[girlhasnoname]

Here's the CCS entry.
I guess this will settle the question as to whether they are ready.

03/06/2024

Motion for Early Trial Filed Motion for Early Trial Filed By: Allen, Richard M. File Stamp: 03/06/2024

I don't know if it means they're ready, but I'll take whatever I can get.

 

[susiQ]

***** RA moves for speedy trial:

View attachment 488417

Oh dear! This can’t be true!! We’ve been told over and over again that the D want to delay a trial because they are no where near ready, right??!! (wink, wink)

 

[snooptroop88]

On those white cords-- I really think that may be a microphone of some kind. I looked at it from every angle I could find, and based on the shape and the way it sort of swells/bulbs beneath his chin, I'd say microphone. MOO, I've thought for a while now this was not him acting alone. KKline was at the nearby Marathon gas station on that very day, and had communicated with one of the victims that day. What are the odds that these would be unrelated occurrences? And I saw on the PCA that there were two "Audiovox" devices taken from RA's home. "Audiovox" devices could be anything, but notably, they could be two-way radio transmitters. "Walkie-talkie" type devices were used by a Mexican cartel to effectively create a command and control network in Mexico. And two-way radio is widely used in rural areas. It's free, it's difficult to trace even while it's occurring, and impossible to trace once it has ended. It would be limited only by range. Cell phones can be made compatible with such a system if necessary. I believe Kline had some "technical" issue with his phone that day. I'm not saying "it is" a microphone, I'm just saying when I really sat and looked at it, it really looks like a mic to me. But these are poor images.

If it's not a mic, I'm just assuming it's a monitoring device for Baby Goat while he grazes around in the mess down there in BG's jacket. Baby Goat might have accidentally discharged a firearm down there. Can't be too careful.

 

[snooptroop88]

I think the front closures could be toggle closures but I can't find any Carhartt jackets with that kind of fastener. Maybe that's the identifying feature of "the blue jacket."

There were 176 items taken in that list so if I missed something... it's possible.
Here are the rest of the sweatshirts.
Blue Sweatshirt with old label
Blue "Kenneth Cole" sweatshirt
Blue "Fruit of the Loom" sweatshirt
Blue "Starter" sweatshirt
Blue "Adidas" sweatshirt
Blue 1/4 zip sweatshirt
Black/blue "Walmart" sweatshirt 1/4 zip
Blue "George" sweatshirt 1/4 zip

I saw someone <modsnip> noting the jacket issue, and that person thought the jacket didn't zip at all, that it was a Dickies snap-front jacket, which would be a more unusual make.

 

[DeDee]

I also remember someone suggested a thin white plastic grocery store bag. I got it into my head that if we could only figure out what the heck it was it would solve the case.

I still want to know, dangit.

Possibly the white design comes from fabric made into a scarf. The white design is shown tucked a little further down inside his jacket. Maybe the scarf's black and white or dark blue and white. Didn't a witness say he had his face hidden? Wasn't BG overdressed for nice weather?

 

[Batgirl 2.0]

Ah, ha. Thought it was obvious I was using the time the family offered as 1:37pm. Thus, I chose one option to answer OP's query and was not going by the AA in that post when I replied. The time of drop off will be straightened, or not, at trial. The HH records could be very important, reliable evidence in the trial. Arrive at 1:49pm and kidnapped by 2:13pm is spine tingling.

@Boxer since you understand the firearm BG was seen wearing under his blue jacket, can you say whether or not the firearm is in a holster?
Is there a silencer on it? The firearm is not inserted into a pocket and flopping around in the Carhartt pocket, is it? Which direction is the firearm currently pointing in this image?
If it's carried on his right side, which hand would he use to pull it out and point it at the two girls? I'm trying to envision a smooth gun draw without a holster.

Finally - Does everyone agree he's wearing a brownish colored sweatshirt underneath the blue jacket and his right hand is in the pocket of the brownish colored sweatshirt? Maybe his left hand is in his jeans pocket?

View attachment 488083
This image terrifies me.
credit Who is Richard Allen, the man charged over the 2017 Delphi murders?

This image terrifies me, too. Like everyone else here has likely done, I’ve stared at it for hours. I think I see his right hand holding a cigarette (with shadows or artifacts) and possibly smoke being blown out of his mouth. I also started thinking that the weird outline in white near the top of his shirt reminds me of the Fox Racing wolf outline logo. Then, I remembered what @FrostedGlass reported in post #725 about items seized from the search of RA’s home; two of those items were a black and green Fox hooded sweatshirt and a UFC sweatshirt (both extreme sports, IMO). Wonder if that black and green Fox hooded sweatshirt is Fox Racing? The BG photo is so distorted, but that white outline is so unusual. All just MOO.

 

[Batgirl 2.0]

On those white cords-- I really think that may be a microphone of some kind. I looked at it from every angle I could find, and based on the shape and the way it sort of swells/bulbs beneath his chin, I'd say microphone. MOO, I've thought for a while now this was not him acting alone. KKline was at the nearby Marathon gas station on that very day, and had communicated with one of the victims that day. What are the odds that these would be unrelated occurrences? And I saw on the PCA that there were two "Audiovox" devices taken from RA's home. "Audiovox" devices could be anything, but notably, they could be two-way radio transmitters. "Walkie-talkie" type devices were used by a Mexican cartel to effectively create a command and control network in Mexico. And two-way radio is widely used in rural areas. It's free, it's difficult to trace even while it's occurring, and impossible to trace once it has ended. It would be limited only by range. Cell phones can be made compatible with such a system if necessary. I believe Kline had some "technical" issue with his phone that day. I'm not saying "it is" a microphone, I'm just saying when I really sat and looked at it, it really looks like a mic to me. But these are poor images.

If it's not a mic, I'm just assuming it's a monitoring device for Baby Goat while he grazes around in the mess down there in BG's jacket. Baby Goat might have accidentally discharged a firearm down there. Can't be too careful.

Do you have a link for your assertion that KK was at the Marathon Gas Station on that fateful day? I remember reading that KK had looked up directions to the MGS but don’t recall anything stating that he was actually there. Much appreciated.

 

[snooptroop88]

Do you have a link for your assertion that KK was at the Marathon Gas Station on that fateful day? I remember reading that KK had looked up directions to the MGS but don’t recall anything stating that he was actually there. Much appreciated.

You know, I saw that at a pretty unreliable source, I think the Mirror. I can look and see if it's at some more credible ones, though. And I did hear Gary Brucato comment on this, the criminologist Gary Brucato, and he said, you know, what are the odds of that?? That Kline's around in this area and this is all unrelated, a completely different killer was involved. (I'd have to go back on the tape though and see if Brucato's just noting Kline's association with the area or actual presence at the area.) And actually, okay, source I originally saw was the <modsnip - not an approved source>

Oh, also the Murder Sheet, seeing this: “'As it turned out, our sources tell us, Kegan Kline had searched for the location of the Marathon Gas station in Delphi on the day of the murders.' The Murder Sheet podcasters go on to detail how the FBI failed to obtain the surveillance footage from the Marathon Gas station, thus eliminating any opportunity to discover whether or not it contained any footage relevant to the investigation. Could someone resembling Kline or bridge guy have appeared on that footage?"

Also seeing this: Police said the "anthony_shots" account told someone online about Libby: "I was supposed to meet that girl, but she never showed up." But Kline said in the interview he never would have met with Libby in person.

New details in Delphi double murder investigation revealed in police interview obtained by podcast

Police are now grilling an accused pedophile who allegedly made contact with one of the girls on social media.

abc7chicago.com

I see what you mean on the idea that he's not proven to be there, and appreciated that you're noting this. But when you connect the dots, it looks to me like he may well have been there. Not a given, though, definitely not proven, so appreciated.