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

[Emma Peel]

That info that Libby's phone was in a shoe under Abby's body was from the Franks Memo? I think I'll believe the offical released court documents rather than the old/new D's Franks Memo that was removed from the court record, wasn't it?

Yes, Gull had removed the Franks Memorandum from the court record.

However, the Supreme Court of Indiana accepted RA's request for the 1st Writ review which asserted that Gull's docket violated Indiana statute. That 1st Writ ensured that the Franks Memo was returned to the docket by Gull before the SCOIN's deadline for Gull to answer the Writ. Since then, the Franks Memo remains on the docket as official court record. The only redactions Gull made to the FM were the Victim's/minor's names.

 

[photographer4]

Yes, Gull had removed the Franks Memorandum from the court record.

However, the Supreme Court of Indiana accepted RA's request for the 1st Writ review which asserted that Gull's docket violated Indiana statute. That 1st Writ ensured that the Franks Memo was returned to the docket by Gull before the SCOIN's deadline for Gull to answer the Writ. Since then, the Franks Memo remains on the docket as official court record. The only redactions Gull made to the FM were the Victim's names.

Why would she redact the victims names? Aren’t they already known widely?? What’s the sense in this move? Genuinely curious!

 

[Emma Peel]

Why would she redact the victims names? Aren’t they already known widely?? What’s the sense in this move? Genuinely curious!

minors names are generally redacted

 

[Boxer]

Not recoverable if they are overwritten numerous times. It's why there was nothing recoverable from KAK's phone that he dropped off to LE a few days after the search warrant had taking all the other phones and electronics. They missed that one, it was on top of the microwave.

KAK said he found it on the microwave. It could have been anywhere.

 

[Caylee Advocate]

This article has been posted before IIRC, but in case some posters may not have seen it, there are some good pics in it. IMO

Police: Missing Indiana teens ruled a double homicide

www.indystar.com

 

[photographer4]

KAK said he found it on the microwave. It could have been anywhere.

Did they not execute a search warrant? How did they not find the “microwave phone”?

 

[schooling]

Just a reminder so it’s on the new thread re: a factory reset.

A factory reset does not destroy data, all of that data can be recovered if done correctly. By anyone who knows how to do it.

There are multiple tools in the public domain used for digital forensics that can recover data: Cellebrite, Caine, Magnet, AXIOM, FTK and Imager (to name a few) all on parrotOS, all Linux based, all free.

If the perp knew about the reset, he must not have known that doesn’t destroy the data at all. It can easily be recovered.

Speaking of, I have heard an interview with BP where she says Libby wiped her phone recently before the murders-has LE/P/any news article mentioned if digital forensics was conducted on Libby’s wiped phone (as data before she wiped it would still be available)?

This is true to a certain extent. Those tools are great for erased and corrupted HDDs....

But the lack of a physical platter and the way it writes data makes SSDs (solid state drives & NVMEs) data recovery extremely difficult in the case of a complete erase. In those cases the stars really have to align to be able to recover anything. Particularly if it's been years of accumulated use (writing multiple times over sectors) or years without a charged battery.

 

[Boxer]

Did they not execute a search warrant? How did they not find the “microwave phone”?

KAK said he found it and took it to them.

 

[mrjitty]

It matters because the location of his phone either helps him or hurts him, bottom line.

IF his phone was nowhere near the crime scene after 12:30, as he recently claimed, why wouldn't the defense say so.

By not mentioning it, makes me wonder if they want to deflect from it's actual location that afternoon. He already said in initial interview that he was using his cell on the trail to look at his stock portfolio at the time. Could that be why they ignored the subject of his cell location?

As you and I know from McStay, there can be a really annoying dynamic in these cases where there is a fact only the defence can know for sure, but then the defence spends the whole trial speculating about things to do with that fact, without ever having a definite position on said fact.

I wonder if we are going to see such a dynamic in this case.

02c

 

[mrjitty]

BP advised the author Susan Hendricks (according to the book by this author - Down The Hill...) on Friday after the news about RA hit the media that she'd been told on Wednesday but wasn't given a name. Someone was supposed to call BP back, but the call never came so she found out when everyone else did on the Friday.

Q: I'm not from there and am not a lawyer - if they took him into custody - why didn't they charge him on the same day? How did they hold him until the charge was made on the Friday?

Not a US lawyer, but in other countries I am familiar with like UK and NZ, you get a couple of days to either charge the suspect or release following an arrest. At least to me this doesn't seem unusual. YMMV

 

[girlhasnoname]

Yes, under Libby's body, not Abby's.

Right, from your link:
<snipped & BBM>

Some items of the girls’ clothing was also missing and Libby’s iPhone – containing the infamous video of “Bridge Guy” – was found underneath her body at the scene.

The Memo in support of the Franks Hearing from the Dynamic D Duo said that Abby had both of her shoes on her feet.

<snipped & BBM>

“Articles of clothing from the girls were missing from the scene, including a pair of underwear and a sock,” documents state.

I wonder if BG=RA took any items as a trophy and perhaps they were located during the search?

MOO

 

[Quim The Extraordinaire]

I believe DH might be poking fun at Judge Gull with this one. Hah

[sarcasm] DH missed his true calling with such finely honed comedic timing. I so look forward to further pranks by the defense team writ large — perhaps a pratfall during the next hearing or even a classic whoopie cushion. [/s]
MOO.

 

[sunshineray]

Yes, Gull had removed the Franks Memorandum from the court record.

However, the Supreme Court of Indiana accepted RA's request for the 1st Writ review which asserted that Gull's docket violated Indiana statute. That 1st Writ ensured that the Franks Memo was returned to the docket by Gull before the SCOIN's deadline for Gull to answer the Writ. Since then, the Franks Memo remains on the docket as official court record. The only redactions Gull made to the FM were the Victim's/minor's names.

And IMO the FM remains a document that is highly suspect for being true and accurate information as well as a violation of the gag order still in place.

 

[girlhasnoname]

[sarcasm] DH missed his true calling with such finely honed comedic timing. I so look forward to further pranks by the defense team writ large — perhaps a pratfall during the next hearing or even a classic whoopie cushion. [/s]
MOO.

Agreed, yet they wonder why people don't think they are the legal geniuses they proclaim to be, or why people have lost respect for them and their childish antics?!.

Just write a respectful motion to the Court, whether or not you approve of the Judge. The SCOIN chose to keep her in place, and did not agree that she had shown bias. It's over, it has been decided. Grow up and leave the clownish acts to the circus.

This is a serious double murder homicide case where 2 innocent young girls were brutally murdered, not shoplifting from Walmart.

MOO

 

[photographer4]

And IMO the FM remains a document that is highly suspect for being true and accurate information as well as a violation of the gag order still in place.

If it was a violation of the gag, wouldn’t we have heard this already from JG? It doesn’t seem to have been a violation since she hasn’t mentioned it. Her beef with them seemed to be more over the leak of info, no?

 

[sunshineray]

If it was a violation of the gag, wouldn’t we have heard this already from JG? It doesn’t seem to have been a violation since she hasn’t mentioned it. Her beef with them seemed to be more over the leak of info, no?

Anyway you look at it, the FM has information supposedly about the physical nature of the crime scene. Now if the prosecution released such a detailed document supposedly of the crime scene, what do you suppose would happen? Maybe contempt charges? And the witness names released and now redacted...can't put the cat back in the bag. AJMO

 

[Boxer]

Did they not execute a search warrant? How did they not find the “microwave phone”?

MOO because it wasnt there when they searched.

 

[photographer4]

Anyway you look at it, the FM has information supposedly about the physical nature of the crime scene. Now if the prosecution released such a detailed document supposedly of the crime scene, what do you suppose would happen? Maybe contempt charges? And the witness names released and now redacted...can't put the cat back in the bag. AJMO

Was it sneaky? Yes. Unethical? Possibly? But no one seems to have said officially it was a breach of the order.

 

[photographer4]

MOO because it wasnt there when they searched.

Seems they dropped the ball or perhaps LeFT the ball when they left KK out in the wild for as long as they did. Ugh.

 

[sunshineray]

Was it sneaky? Yes. Unethical? Possibly? But no one seems to have said officially it was a breach of the order.

Maybe in March we shall find out?