Abby & Libby - The Delphi Murders - Richard Allen Arrested - #180

[FrostedGlass]

Well darn - I thought this hearing was for Allen....

We could only hope. The only things we have at the moment for RA are a couple of deadlines for responses and for the judge to decide.

This is an excerpt from the March 22 order filed on March 25:
"Attorney Hennessy requests an opportunity to submit a post-hearing brief.
Court orders him to submit same on or before March 25, 2024. State will submit a response brief on or before April 1, 2024. The Court's thirty (30) days to rule begins April 1, 2024."

 

[girlhasnoname]

I totally agree with you that it was morally wrong but I'm not sure about the legality of it.
The charge is a criminal misdemeanor (conversion).

MW didn't put the photos on the net; he only shared them with a friend. Now that friend is gone and the people he shared them with, who also shared them with others are not being held responsible... as far as we know.

I'm not sure either, but I believe we'll find out more details of the investigation probably during MW's trial or maybe even some suggestion at the D's Contempt ruling.

The CS pictures of the girls are out there on the internet forever, and a man who participated in some extent committed suicide. This was no small thing. I believe it was done intentionally and maybe even for financial gain in some cases.
Sad state of affairs that something like this would happen in the first place.

JMO

 

[Emma Peel]

Happy Solar Eclipse Day!

Also:

Hennessy brief TV interview re Contempt

FOX59 exclusive: Attorney for Delphi defense team puzzled by court and prosecutor blow back

just FYI:
Short clips of Hennessy speaking w/ reporter ... but there's more in the written article such as:

Also pending is Judge Gull’s decision on the pending contempt challenge, one Hennessy imagines the attorneys will appeal if found liable.

”We’re dedicated to exonerating them,” Hennessy said. “And we don’t have any control over what the judge decides, but if it’s adverse to either of my clients, Mr. Baldwin and Mr. Rozzi, we will certainly seek redress and ask higher courts to look at the propriety of any such finding.”

and this:

”They alleged and somehow wanted to hold Baldwin responsible for a former associate and close friend taking unauthorized pictures of pictures,” said Hennessy. “We never got to the bottom of it because he lawyered up, and we never knew how many he took, but the ones that ended up on the internet that they were complaining about, Mr. Rozzi testified that that didn’t come from the Defense, there was two of them at least that they had not prepared or ever seen before. It’s kind of like victim-bashing. If somebody burglarizes my home and finds something indiscreet and then puts it on the internet, how is that my fault?”

 

[TL4S]

New:

04/08/2024	Notice of Exclusion of Confidential Information Notice of Exclusion of Confidential Information from Public Access Filed By: Allen, Richard M. File Stamp: 04/08/2024
04/08/2024	Motion Filed Ex Parte Motion to Reconsider Funds for Tech Experts and also Funds for Administrative Assistants Filed By: Allen, Richard M. File Stamp: 04/08/2024
04/08/2024	Motion Filed Proposed Order on Ex Parte Motion to Reconsider Funds for Tech Experts and also Funds for Administrative Assistants Filed By: Allen, Richard M. File Stamp: 04/08/2024

 

[girlhasnoname]

Looks like the Defense needs more money. I for one cannot wait to see the official receipts, if we ever will, of how much the Court has actually paid to them( R&B ) and for their experts to date.

There is no way I believe Judge Gull would have cut them off at the knees by arbitrarily denying payment to them or any approved experts. I understand there is not an unlimited budget for the Defense, that's what their Gimme money was all about.

JMO

 

[girlhasnoname]

What do we think the Notice of Exclusion of Confidential Information is regarding?

I think it might be in reference to RA's confessions.

JMO

 

[Megnut]

Buckle up.

I predict motions for continuance...

Don't have enough money, can't get their experts, not enough discovery, too much discovery, ready, not ready, solar eclipse, reasons.

Justice delayed... is a sad strategy.

JMO

 

[Salah11]

Buckle up.

I predict motions for continuance...

Don't have enough money, can't get their experts, not enough discovery, too much discovery, ready, not ready, solar eclipse, reasons.

Justice delayed... is a sad strategy.

JMO

Oh well when people cry over RA living conditions it’s his team keeping him in these conditions by delaying the inevitable

 

[FrostedGlass]

New:

04/08/2024	Notice of Exclusion of Confidential Information Notice of Exclusion of Confidential Information from Public Access Filed By: Allen, Richard M. File Stamp: 04/08/2024
04/08/2024	Motion Filed Ex Parte Motion to Reconsider Funds for Tech Experts and also Funds for Administrative Assistants Filed By: Allen, Richard M. File Stamp: 04/08/2024
04/08/2024	Motion Filed Proposed Order on Ex Parte Motion to Reconsider Funds for Tech Experts and also Funds for Administrative Assistants Filed By: Allen, Richard M. File Stamp: 04/08/2024

Still having to beg for money for experts. What a difficult situation to be in.

 

[FrostedGlass]

Buckle up.

I predict motions for continuance...

Don't have enough money, can't get their experts, not enough discovery, too much discovery, ready, not ready, solar eclipse, reasons.

Justice delayed... is a sad strategy.

JMO

Most of which is true.
Don't forget the side show delay by the P and JG for Contemptuous Conduct (which could have been postponed)

 

[Megnut]

Still having to beg for money for experts. What a difficult situation to be in.

I absolutely respect you as a poster and especially for being such a stalwart defender of the defense side of the equation. We can't have justice without it.

My concern her -- my objection -- is this implication by the defense that there are these recurrent experts that could exonerate their client, but gee willikins, they can't afford them so... unfair. I think of that scene in A Few Good Men when the two airmen were going to be called to the stand to witness to absolutely nothing. I feel like there needs to be some accounting, some valid reason for this or that expert.

We tall about the State's budget, but I don't think we can make a direct comparison. The labs don't belong to the State. DNA analysis doesn't belong to the State. Those tests are done in the name of justice how ever it comes back. The State and the Defense share that.

I do want a fair trial. We don't want an innocent man to be convicted or a guilty one go free. It is wise to side eye both sides of the aisle --

JMO

 

[Megnut]

How is it that we don't have proper housing for persons who are accused of crimes but neither tried nor convicted if they have special circumstances? Jail doesn't probably offer enough protection for some. Psych hold, perhaps not warranted. Heavy charges so house arrest is a non-starter. Then what? Prison. It's all we got. Solitary if protection is paramount. Protection from self, protection from prison population, protection of prison population. What do you do with a detainee -- a hold over for trial -- to make sure no one is hurt, no one hurts anyone, no one eats paper, no one breaks tablets, no one has access to cut glass?

Every industry right now seems to be suffering from the same short-staffing. A casualty and blow-over from the pandemic. Surely more prison guards might help. More supervision. Maybe we need a separate wing altogether, a prison half way house.

The point is to keep the accused alive for trial. This phase isn't about punishment or reform. It's safe-keeping.

We can't solve all of society's ills, but it would resolve this particular one if we could move to trial. Yesterday.

JMO

 

[girlhasnoname]

Still having to beg for money for experts. What a difficult situation to be in.

I don't consider it having to beg, this is the first time I've seen a request for Administrative help funding and these expenses must be reapproved. If they do get approval for this from the Court, then where is their gimmie money going?

They should have really thought this all through before they filed the Motion for Speedy Trial. The Defense is not ready period. They've done themselves and their Defendant a grave injustice, unless that was the plan all along. IDK

ALL MOO

 

[girlhasnoname]

Most of which is true.
Don't forget the side show delay by the P and JG for Contemptuous Conduct (which could have been postponed)

It was the Defense's behavior which caused the Contempt charges side show to begin with. It's all a vicious circle, at the expense of justice for 2 innocent victims.

Nobody wins here, not one person.

MOO

 

[FrostedGlass]

I absolutely respect you as a poster and especially for being such a stalwart defender of the defense side of the equation. We can't have justice without it.

My concern her -- my objection -- is this implication by the defense that there are these recurrent experts that could exonerate their client, but gee willikins, they can't afford them so... unfair. I think of that scene in A Few Good Men when the two airmen were going to be called to the stand to witness to absolutely nothing. I feel like there needs to be some accounting, some valid reason for this or that expert.

We tall about the State's budget, but I don't think we can make a direct comparison. The labs don't belong to the State. DNA analysis doesn't belong to the State. Those tests are done in the name of justice how ever it comes back. The State and the Defense share that.

I do want a fair trial. We don't want an innocent man to be convicted or a guilty one go free. It is wise to side eye both sides of the aisle --

JMO

Thanks for the kind words.

I don't think it would be a fair trial if the defense could only use the same lab experts that the prosecution uses. Look at how the bullet interpretation would play out.

OTOH, It could be very interesting to see the results if the 3rd party (all the labs, etc that the P uses) used all their resources to help the defense to the degree they help the prosecution.

 

[TTF14]

Oh well when people cry over RA living conditions it’s his team keeping him in these conditions by delaying the inevitable

The defense was ready to go in January. The State halted it all with their ridiculous shenanigans (which was an attempt to get the unexpectedly dogged, highly-qualified defense attorneys thrown off the case). Supreme Court said it was all B.S., but that took time.

Because of Nick McLeland's months and months long delay in getting them Discovery, they didn't know until after they filed for a speedy trial that they will need geofence experts. So yes, there may not be enough time. If there isn't, I hope they do delay the trial so that we only have to do this once.

People can scream "delay tactics by the defense!" all they want, but it doesn't make it true. The court record and timeline of events makes it quite clear what's been going on.

If you're paying attention.

IMO.

 

[FrostedGlass]

It was the Defense's behavior which caused the Contempt charges side show to begin with. It's all a vicious circle, at the expense of justice for 2 innocent victims.

Nobody wins here, not one person.

MOO

If she had cause to find contempt, IMO she should have just dealt with it.

I saw an Elkhart Co magistrate charge an arrestee with contempt for calling him a name.
Nothing to it, a lengthy reprimand and Good Day, Sir. Enjoy your extra days in jail.
Bang went the gavel.

Now, what is JG going to do about Nick's unauthorized peeks at the ex parte filings?

 

[Willow Knight]

Agree, even though the D and their appellate lawyers have stated many times since October that they were ready for the original Jan trial date. They were ready...NOT, but let's push the button on the Motion for Speedy Trial anyway.

JMO

RSBM

Can't help but wonder if the fundraiser for expert witnesses will have any impact on the speedy trial or a plea deal. Funds were solicited for a specific purpose. Curious as to where these funds would go if there ends up being no need for an expert witness?

Also, I am not clear on how the witness list is handled. Is/was there a date where all witnesses must be made known? Would a CI be named on a witness list?

Hugs to family and loved ones of Abby and Libby. My heart hurts for them.

 

[FrostedGlass]

How is it that we don't have proper housing for persons who are accused of crimes but neither tried nor convicted if they have special circumstances? Jail doesn't probably offer enough protection for some. Psych hold, perhaps not warranted. Heavy charges so house arrest is a non-starter. Then what? Prison. It's all we got. Solitary if protection is paramount. Protection from self, protection from prison population, protection of prison population. What do you do with a detainee -- a hold over for trial -- to make sure no one is hurt, no one hurts anyone, no one eats paper, no one breaks tablets, no one has access to cut glass?

Every industry right now seems to be suffering from the same short-staffing. A casualty and blow-over from the pandemic. Surely more prison guards might help. More supervision. Maybe we need a separate wing altogether, a prison half way house.

The point is to keep the accused alive for trial. This phase isn't about punishment or reform. It's safe-keeping.

We can't solve all of society's ills, but it would resolve this particular one if we could move to trial. Yesterday.

JMO

You make good points.
However, Cass Co agreed to take him, keep him safe. Why hasn't he been allowed to go there?

 

[TL4S]

You make good points.
However, Cass Co agreed to take him, keep him safe. Why hasn't he been allowed to go there?

I'm having trouble finding a link, but wasn't there something about Carroll County having to pay if he went to Cass County? Who is paying for his time in IDOC?