Abby & Libby - The Delphi Murders - Richard Allen Arrested - #178

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I am lost here. I have no idea how that works. The defense wasn't already had experts? But probably they didn't like what the experts said, so they are asking for more money for other experts? Or the jugde denied any expert for the defense?
JG has denied the D’s request for funding of an expert. That is blatantly unfair and makes for an uneven playing field. The P can have experts at the public’s expense, but the D cannot. Of course there’s no element of bias involved (rolling my eyes). But there’s hope! The Give2 fund that was only just set up is over $6,500 already. The goal is $25,000 and it still has over a month to go!
 
I am lost here. I have no idea how that works. The defense wasn't already had experts? But probably they didn't like what the experts said, so they are asking for more money for other experts? Or the jugde denied any expert for the defense?
Unclear (to me) how they were denied, since there is a standard process. Seems they want additional funding?


Allen’s defense team is requesting that the court “provide parity” in the investigation and presentation in the upcoming trial to “balance the scales of justice.” This includes the exclusion of certain pieces of evidence since the defense claims they have not had the funds to properly investigate them.

The team is requesting that the defense team be approved for necessary expected expenses for the team to defend Allen within the trial. The team is asking for the state’s prosecutors to pay “out of their personal finances” for investigative services, evidence processing and expert fees.

The defense claims that they have not received any help in funding to obtaining expert assistance to investigate three pieces of evidence within the trial: the bullet found at the crime scene, the digital data collected by law enforcement and Allen’s alleged confession.

“This court should reconsider the denial of funds for defense investigative and expert expenses,” the documents said. “…Alternatively, the court should exclude at trial any testimony or evidence related to the bullet, the digital data, Allen’s purported confession and the cause, manner and timing of death.

“Finally, if denial of the defense’s requests remains, and the state is allowed to proffer testimony on the critical evidence discussed above, the only truly equitable relief would be to order the Carroll County Prosecutor to pay for any expert and investigative services, from this point forward, out of his own personal finances.”
 
Unclear (to me) how they were denied, since there is a standard process. Seems they want additional funding?


Allen’s defense team is requesting that the court “provide parity” in the investigation and presentation in the upcoming trial to “balance the scales of justice.” This includes the exclusion of certain pieces of evidence since the defense claims they have not had the funds to properly investigate them.

The team is requesting that the defense team be approved for necessary expected expenses for the team to defend Allen within the trial. The team is asking for the state’s prosecutors to pay “out of their personal finances” for investigative services, evidence processing and expert fees.

The defense claims that they have not received any help in funding to obtaining expert assistance to investigate three pieces of evidence within the trial: the bullet found at the crime scene, the digital data collected by law enforcement and Allen’s alleged confession.

“This court should reconsider the denial of funds for defense investigative and expert expenses,” the documents said. “…Alternatively, the court should exclude at trial any testimony or evidence related to the bullet, the digital data, Allen’s purported confession and the cause, manner and timing of death.

“Finally, if denial of the defense’s requests remains, and the state is allowed to proffer testimony on the critical evidence discussed above, the only truly equitable relief would be to order the Carroll County Prosecutor to pay for any expert and investigative services, from this point forward, out of his own personal finances.”


<modsnip>they really are that pathetic at their job that they are using “lack of funds” for their incompetence. Should they not of checked they could defend RA to the best of their abilities before taking him on as a client?!

How convenient so they should exclude evidence if they can’t afford to investigate it.

It’s absolutely farcical that these are legitimate lawyers.
 
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Unclear (to me) how they were denied, since there is a standard process. Seems they want additional funding?


Allen’s defense team is requesting that the court “provide parity” in the investigation and presentation in the upcoming trial to “balance the scales of justice.” This includes the exclusion of certain pieces of evidence since the defense claims they have not had the funds to properly investigate them.

The team is requesting that the defense team be approved for necessary expected expenses for the team to defend Allen within the trial. The team is asking for the state’s prosecutors to pay “out of their personal finances” for investigative services, evidence processing and expert fees.

The defense claims that they have not received any help in funding to obtaining expert assistance to investigate three pieces of evidence within the trial: the bullet found at the crime scene, the digital data collected by law enforcement and Allen’s alleged confession.

“This court should reconsider the denial of funds for defense investigative and expert expenses,” the documents said. “…Alternatively, the court should exclude at trial any testimony or evidence related to the bullet, the digital data, Allen’s purported confession and the cause, manner and timing of death.

“Finally, if denial of the defense’s requests remains, and the state is allowed to proffer testimony on the critical evidence discussed above, the only truly equitable relief would be to order the Carroll County Prosecutor to pay for any expert and investigative services, from this point forward, out of his own personal finances.”
That's was my idea too, they want an "additional funding". But I don't know how it works and how they were denied so I'm not sure. If the judge really had denied any funds for experts for the defense, the defense is right.
 
They were admitted to the record of the hearing because testimony touched on them. They were released in an appendix for a defense memorandum. Just despicable behavior by DH since he didn't need to include them in the public filing. He just needed to reference them for the judge who will rule on the evidence, not the public. JMO

As previously discussed such argument misapprehends the proceedings.
The Contempt case is NOT State v RA.
 
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That's was my idea too, they want an "additional funding". But I don't know how it works and how they were denied so I'm not sure. If the judge really had denied any funds for experts for the defense, the defense is right.
This filing spells it out in detail for you:

Filed: 3/17/2024 12:46 PM
Carroll Circuit Court
Carroll County, Indiana
MOTION FOR PARITY IN RESOURCES, TO RECONSIDER THE DENIAL OF ANTICIPATED DEFENSE COSTS, OR TO EXCLUDE EVIDENCE
 

here are some excerpts :
  • Allen is living in the prison’s A-pod, which is a segregated maximum security unit with additional security within the prison. The unit houses felons who have been convicted of serious crimes such as murder and child molestation.
  • Allen’s cell is equipped with a surveillance camera that records his activities 24 hours a day.
  • The warden assigned Allen to a segregated (individual) cell because the high-profile nature of Allen’s crime involving children places him at a higher risk of retaliation and violence from other inmates. Galipeau said he would be concerned about Allen's safety if he were to place him in the general population of Westville Correctional Facility.

  • Allen is permitted to shower three times per week, and he is allowed one hour of recreation time outside his cell five times per week.
  • The defendant is provided three sets of clothing each week. He also has access to the prison commissary and has purchased socks, shoes and shirts, according to the warden.

  • Each inmate, including Allen, is provided an electronic tablet that allows him to listen to music, watch movies and make phone calls. Those calls can be accessed and monitored by a prison investigator.
  • Unlike other inmates in the maximum security unit, Allen is permitted to have face-to-face visits with his family.
  • When Allen is being transported from his cell to other locations within the prison, he is placed in chains/cuffs around his hands, feet and torso, and is sometimes transported with a restraint chain, which his defense team described as a leash similar to those used to walk a dog.
  • Allen has been on “suicide watch” since last fall. The warden testified that Allen’s mental health seemed to decline a few months after he arrived when the defendant “received his legal paperwork.”
  • He acknowledged Allen has lost considerable weight since arriving at Westville, but Galipeau said the defendant’s vital signs have remained within a “normal range” and he receives almost daily checkups by the prison’s medical and mental health staff.
True, I read the State’s response, and the COs could very well be telling the truth.

According to the ACLU, IDOCwatch.org, IndyStar and Itsgoingdown.org, there are also testimonies, lawsuits and cases centered around former and present inmates who have also alleged to have suffered abuse and neglect at Wabash and Westville prisons that have been denied or rejected, including through legal/court-mandated paperwork in response by the administration and officers at these prisons.

I am not picking a side but I thought it was important to note that.









 
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Of course but their attempts to do so have been extremely, ahem, creative and varied.
I feel defence will usually focus their efforts on putting forward one or two solid alternative (exculpatory) theories, not the 379 ideas the defence here have come up with.
IMO, it's become clear that Judge Gull has handpicked an experienced and strategic public defense team for RA's case. It's very interesting to watch their defense strategy unfold. IMO, at the moment I see only 2 Defense theories; one of them, if successful, would result in a dismissal. JMHO
 
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True, I read the State’s response, and the COs could very well be telling the truth.

According to the ACLU, IDOCwatch.org, IndyStar and Itsgoingdown.org, there are also testimonies, lawsuits and cases centered around former and present inmates who have also alleged to have suffered abuse and neglect at Wabash and Westville prisons that have been denied or rejected, including through legal/court-mandated paperwork in response by the administration and officers at these prisons.

I am not picking a side but I thought it was important to note that.










So RA is not singled out these are conditions alleged in the facilities and not exclusive to RA.

Sounds more like RA is the CO's pet coddled to make sure he goes fit to trial.

Thank you for getting that fact forward by providing the links.

The Defenses exaggerations and cherry picking makes their client even less sympathetic and believable which considering he is detained as the suspect of murdering two young innocents out for a walk on a pleasant day would be hard to do with less “talented” representation.


all imo
 
This filing spells it out in detail for you:

Filed: 3/17/2024 12:46 PM
Carroll Circuit Court
Carroll County, Indiana
MOTION FOR PARITY IN RESOURCES, TO RECONSIDER THE DENIAL OF ANTICIPATED DEFENSE COSTS, OR TO EXCLUDE EVIDENCE
Per this filing it looks like the court has paid for defenses legal experts ( bullet forensic experts,
Digital data experts and clinical psychologist )but defense is now requesting additional funds. This is outlined in section 14-16.
Looks like the confession expert and crime
Scene analyst was denied as unnecessary
as funding for hiring additional in-house assistants because they are “drowning” in work.
They have 7 working the case currently.

I don’t think their situation is as dire as they portray nor the denial of additional funding so outrageous. jMO

I wonder if they’ve met with the medical examiner yet.
 
This trial is still slated for May 13. What is that, like 48 days? I wonder if it will get pushed off or that really will happen.
Did look for MSM source on EF, the closest thing I saw was the Sun. But this source has a bit on it, not as much detail: Attorneys for Delphi murders suspect say teens were ‘ritualistically sacrificed’ in new court filing
Defense asked for another delay and yesterday the judge said NOPE. Defense asked for a speedy trial and they are getting it.
 
Honestly this is the biggest load of garbage I've ever read. I hope Hennessy charges for the Motions by word. He's making a nice sum of $$ off this Defense Team.

There is gross misconduct and contempt by this Defense all day long and I hope they are punished with sanctions/fines or whatever the Court may deem necessary. Their actions have destroyed the integrity of Defense lawyers everywhere unfortunately and they should be held accountable.

MOO
SCOIN blew it.
 
So RA is not singled out these are conditions alleged in the facilities and not exclusive to RA.

Sounds more like RA is the CO's pet coddled to make sure he goes fit to trial.

Thank you for getting that fact forward by providing the links.

The Defenses exaggerations and cherry picking makes their client even less sympathetic and believable which considering he is detained as the suspect of murdering two young innocents out for a walk on a pleasant day would be hard to do with less “talented” representation.


all imo
That is a good point and I mean if the defense tries to make that argument, I could see the prosecutor using a rebuttal similar to your comment, IMO
 
I had forgotten how similar he looked to this drawing. I am sure some will claim they don’t see it but for its uncanny in resemblance.
View attachment 492945
Let's see then...


Primaries:

Eyes... Nope.

Nose...Nope.

Mouth...Nope.


Secondaries:

Beard....yep.

Wearing a hat....yep.


RA may be the one who did this, but comparing the sketch to his image is not the way to go.

Sketches are sketchy. At best.
 
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Let's see then...


Primaries:

Eyes... Nope.

Nose...Nope.

Mouth...Nope.


Secondaries:

Beard....yep.

Wearing a hat....yep.


RA may be the one who did this, but comparing the sketch to his image is not the way to go.

Sketches are sketchy. At best.
Yeah, seeing the two pictures side-by-side makes makes me think there's less of a resemblance than I initially thought.
 
Let's see then...


Primaries:

Eyes... Nope.

Nose...Nope.

Mouth...Nope.


Secondaries:

Beard....yep.

Wearing a hat....yep.


RA may be the one who did this, but comparing the sketch to his image is not the way to go.

Sketches are sketchy. At best.
Hair is wrong, too.
His wife said he always kept his hair short since being in the National Guard.
 
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