Abby & Libby - The Delphi Murders - Richard Allen Arrested - #179

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One can still listen to this episode on many different platforms that host podcasts. Here's another link: Delphi: Evidence

It's season 1, episode 4, approximately 13:56 in:

"Robert Ives told us that he personally submitted multiple subpoenas seeking to obtain all cell phone records within a five mile radius that day, to determine who was in the area on the 13th. All owners of cell phones that pinged in the area of the bridge that day were contacted regarding their activities and whether they’d seen anything. Investigators looked particularly closely at anyone whose phone records showed that they were newly in the area or spent several hours there during the time in question."

As to whether Robert Ives misspoke or what, I do not know, just reporting what he apparently told the producers of this approved podcast.

Shortly before this segment the host of the podcast said that police executed approximately 70 subpoenas and 12 search warrants that are known to the public and possibly many more that are not yet known (and of course, this process would have continued well past the time that this podcast was created).
Never minding that RA could've had an unregistered phone with him that day, assuming his actual phone was babysitting a table somewhere, this creates an interesting situation relative to a tower dump.

LE is looking for every number in the area during that time, then presumably chasing down the owners to vet and eliminate them as POIs.

What a tower dump can't do? Identify someone within that radius who doesn't have his phone. He becomes invisible.

Now HE says he had his phone. But did he? Did he have one phone that hasn't been accounted for?

Will be interesting to see how that shakes out.

JMO
 
I'm not the original poster, so hopefully they will have the link, but going off memory, I think there was an affidavit from the warden stating the cells were 8'x12'. I also seem to remember that the D stated they were not allowed to see his cell, so perhaps they estimated based on national average (6'x8' is what I've seen), or it's what RA or an employee said. I'm not sure, so IMOO.
Thanks! So this was solitary confinement, right?
 
I think the P doesn't wanna talk about phones.
Including RA's phone.
And the D does. :)

moo

Oh well the P have multiple confessions, a bullet from his gun under one of the bodies. Audio of the man using a gun to get them down a hill. The video of BG and RA resembles to the man. Also not forgetting he was on that bridge that day with witnesses also placing himself out that.
 
Exactly.

And I have an issue with anyone, including family, criticizing anyone else for using the #justiceforabbyandlibby hashtag. The right person (people, in my opinion) need to be held accountable for this in order for justice to be achieved.

Also, the family didn't create that hashtag/they don't own it, but that's really beside the point. The point is that I'm sure the family wants the RIGHT people convicted.....correct?
Of course the family wants the right person convicted.

But if they think the right person is incarcerated right now, awaiting trial, it must be painful for them to see their girl's names being used to garner more sympathy and cash for that suspect. If he is actually guilty, then it is hurtful that the girl's names are being used in his quest for donations, imo.

JMO IMO
 
Here's the explanation for why the exam was just filed, It appears the judge got the ball rolling and then denied any further funding.

This is from the Motion for Parity:
(snip)
Since being reinstated in this case, the State of Indiana
has served up additional discovery to the Defense in the form of multiple interviews
conducted by law enforcement with Westville prisoners and correctional officers. In
these interviews, law enforcement investigators have inquired about the
interviewees’ opinions regarding Defendant Allen’s state of mental health,
practically seeking clinical diagnostic opinions from these lay witnesses. Defense
counsel retained a clinical psychologist to evaluate Allen and review health records
and video relevant to Allen’s confinement conditions. This Court previously
authorized funds for the defense to retain the expert. However, those funds are now
depleted, and additional services are still needed.

This Court authorized payment for the two-hour visit defense counsel had
scheduled with the expert but denied the request for additional funding, finding
that the “unsupported request is denied as an unreasonable expenditure of county
funds.”


Defense counsel also requested funding to hire a confession expert to educate
counsel and possibly the jury on the impacts solitary confinement has on
individuals accused of crimes, particularly in relation to the voluntariness of a

confession made in those conditions. Through the process of conducting discovery,
Defense counsel has learned that Defendant Allen’s pre-trial detention in the
segregation unit at Westville, may be the first time an innocent man has been
confined in such a setting in the history of the institution and possibly this State.
Moreover, Allen’s detention is the direct result of the Carroll County Sheriff’s
request for a safekeeping order. He, the requesting Sheriff, created this
circumstance. It is indisputable that the issue of the impact of Allen’s unique and
unprecedented pre-trial detention circumstances on his overall mental health is
germane to his defense. Despite this, the Court declined defense counsel’s request
for additional funding as being “unsupported.”


17. Defense counsel made other requests for funding as well. Counsel
requested funding for the services of an independent forensic pathologist to review
and consult with the defense on issues related to the crime scene, the pathology of
the victims, and the cause, manner, and timing of death. This Court declined the
request as being “unsupported.”

Here's some info on Dr. Westcott. I'm assuming this is the right one.
Personal Bio
Dr. Polly Westcott has been practicing in Indiana since 2004. She is a clinical psychologist with post-doctoral training in neuropsychology and forensics. She works with children, adults, and families from a cognitive behavioral therapeutic perspective, including using biofeedback to treat mood disorders, adjusting to life transitions, posttraumatic stress, and various medical conditions. Employing her neuropsychology background, she conducts neuropsychological assessments and works to help caregivers, families, and patients with brain-based disorders cope and strategize to improve their functioning. She is a nationally known legal consultant for criminal and civil cases involving brain-based and psychological disorders.
"This Court previously
authorized funds for the defense to retain the expert. However, those funds are now
depleted, and additional services are still needed."


So IF the 'funds are now depleted' what is the judge supposed to do?

There is a fund set aside for the defense to pull from. It is not an endless supply of cash. I'd like to see how much was already spent on the initial expenditures.
 
Protective custody. He is in grave danger from other inmates.
The CCSO jail could not keep him safe thats why he was at Westvillle.
IMO RA should be very thankful that he is in protective custody. Given he’s been painted as a meek little 5’4 man that’s barely able to move twigs around.
He still is protected during shower time and recreational time. Can watch movies and call and text his family. JMO he will be facing different scenario after trial.
 
Oh well the P have multiple confessions, a bullet from his gun under one of the bodies. Audio of the man using a gun to get them down a hill. The video of BG and RA resembles to the man. Also not forgetting he was on that bridge that day with witnesses also placing himself out that.
Great points!
I don't see any problem debunking the gun & bullet. And It just wouldn't make sense to me to waste weeks of a trial this important to air out the problems with the flawed science behind that stuff. It served it's purpose; it got the PCA through.
The jury is out on the eyewitnesses, they could virtually seal the deal, depending on what they testify to and how well they handle cross. Or they could be another nothingburger. The car is similar to the gun/bullet for me, again, depending on the perceived veracity of the eyewitnesses. The main thing that implicates RA, in my mind, is the confessions. And until I see transcripts or recordings I just can't say.
So there we have it, the unrequested opinion of a certified seated jury member in the court of public opinion.
JMHO, YMMV
 
Correct, but they provided, in the footnotes, exactly where they got that information from (flash drive containing her June 7, 2017 interview). Do you think they'd lie and then cite where they got the information from?

The whole point of the Frank's Memorandum is to highlight exactly where LE stretched the truth/omitted facts in the PCA, with footnotes to prove it.
And many could say that the Franks Memo itself stretched the truth. Including the footnotes.
 
Great points!
I don't see any problem debunking the gun & bullet. And It just wouldn't make sense to me to waste weeks of a trial this important to air out the problems with the flawed science behind that stuff. It served it's purpose; it got the PCA through.
The jury is out on the eyewitnesses, they could virtually seal the deal, depending on what they testify to and how well they handle cross. Or they could be another nothingburger. The car is similar to the gun/bullet for me, again, depending on the perceived veracity of the eyewitnesses. The main thing that implicates RA, in my mind, is the confessions. And until I see transcripts or recordings I just can't say.
So there we have it, the unrequested opinion of a certified seated jury member in the court of public opinion.
JMHO, YMMV
As a seated jury member, what if the confession goes something like this:
"Two murder charges hanging over my head; guilty as charged."
versus
"I took those girls down the path, I.... and I.... and I... Then I...." (fill in all the details)
 
Protective custody. He is in grave danger from other inmates.
The CCSO jail could not keep him safe thats why he was at Westvillle.
Carroll Co. may not have been able to keep him but Cass Co. said they could.

There's no reason IMO for him to be in prison and I think keeping him there will come back to bite the P and JG.

There are countless articles written about how detrimental solitary confinement is to a person's mental and physical health. I'll be real interested in seeing what the P comes up with.
 
I have to admit that I have an issue with trust all the way around here. And this isn't about RA's guilt or innocence.

I don't need to get into what the D has done, because we all have the same information and have pretty much made our decisions on what we are willing to believe or not believe.

But it isn't just the D team. JG says the D team lied in their Safekeeping Order, and if I'm understanding it correctly, this is based on the warden's affidavit, and the affidavits of the guards. A warden who allowed his guards to wear Odin patches on their uniforms? Symbols that everybody knows in some circles stands for white supremacy, in a state where it's rampant? And this is okay in a prison setting? I don't give a rat's behind what the guards testify to in regards to their religious beliefs. Can they wear white sheets over themselves and claim they identify as Casper the Friendly Ghost, too? It's not right, IMO, yet the warden's word isn't questioned at all, he isn't accused of being untrustworthy or called all kinds of demeaning names?

And why isn't anybody else talking about NMcL reading ex parte motions (and possibly defense work product)? JG herself, in an earlier court filing, said the prosecutor was not to read the D's ex parte motions or they would be held in contempt. Period. Yet his word is without doubt? He's not being called out in contempt motions and hearings and accused of trickery and unethical behavior?

Even LE made mistakes as serious as recording over early interviews, but it's suddenly okay that they and NMcL have just decided what's important, so the D are terrible for even questioning it?

It's disappointing, IMO. None of them get a free pass from me, regardless if RA is guilty or not.
 
As a seated jury member, what if the confession goes something like this:
"Two murder charges hanging over my head; guilty as charged."
versus
"I took those girls down the path, I.... and I.... and I... Then I...." (fill in all the details)
Hmm, I don't know. I don't find either of those beneficial for RA, unless they really flesh out the guard intimidation accusations. Sitting here today, it probably would leave me unimpressed.
I guess I want to hear his state of mind while confessing, and a video would be best but audio would suffice. To me, this is either going to be strongly mitigated by the defense or he will be convicted.
 
I have to admit that I have an issue with trust all the way around here. And this isn't about RA's guilt or innocence.

I don't need to get into what the D has done, because we all have the same information and have pretty much made our decisions on what we are willing to believe or not believe.

But it isn't just the D team. JG says the D team lied in their Safekeeping Order, and if I'm understanding it correctly, this is based on the warden's affidavit, and the affidavits of the guards. A warden who allowed his guards to wear Odin patches on their uniforms? Symbols that everybody knows in some circles stands for white supremacy, in a state where it's rampant? And this is okay in a prison setting? I don't give a rat's behind what the guards testify to in regards to their religious beliefs. Can they wear white sheets over themselves and claim they identify as Casper the Friendly Ghost, too? It's not right, IMO, yet the warden's word isn't questioned at all, he isn't accused of being untrustworthy or called all kinds of demeaning names?

And why isn't anybody else talking about NMcL reading ex parte motions (and possibly defense work product)? JG herself, in an earlier court filing, said the prosecutor was not to read the D's ex parte motions or they would be held in contempt. Period. Yet his word is without doubt? He's not being called out in contempt motions and hearings and accused of trickery and unethical behavior?

Even LE made mistakes as serious as recording over early interviews, but it's suddenly okay that they and NMcL have just decided what's important, so the D are terrible for even questioning it?

It's disappointing, IMO. None of them get a free pass from me, regardless if RA is guilty or not.
Don't forget the guards video taped RA's meetings with his attorneys. They only stopped just prior to coming before the judge over it so she deemed that issue moot. That's stated in mycase.

That almost had to be done at Galipeau's direction. MOO
 
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