Some will call this whole case delayed discovery. I know I'm still waiting. Frankly it gives me hope to see discovery being delayed; maybe the state is finding last second ironclad proof.
MOO
There were deadlines for discovery that have not been met and that's not a good thing if you want a fair trial that you can have trust in.
All the discovery dictated by the rule, from the time the girls' bodies were found until the D made their appearance, had a deadline. The link below states 30 days; it's been updated so I'm not sure if that was the same deadline in 2022.
The D called on the judge to set a deadline for Nov 1. 2023, which she did. Yet, they have just recently gotten discovery from the early days. This is just unreal! It continually keeps the D chasing their tails; some will think that's wonderful. Most anyone who is interested in a fair trial will not.
Sanctions in this case are laughable unless they are against the D.
A quote from the link:
(5)Sanctions. Any violation of this rule may result in a sanction deemed appropriate by the court, except as limited by rule.
Read Rule 2.5 - Discovery, Ind. R. Crim. P. 2.5, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com
I believe the way the P dumped discovery on the D was intentional. Chaotic piecemeal intended to delay.
Look at all the discovery that was dumped on them just a month or so prior to them being taken off the case in October. The D missed months of working on the case; so they had all that catching up to do. Then the P and J decided to bring those charges against them. All these stumbling blocks that are being thrown out are so unnecessary if the P have as strong of a case as they say they do.
Here are a couple of excerpts from the article linked below.
[snips]
"According to defense attorneys Brad Rozzi and Andrew Baldwin, between December 2022 and June 2023, the state turned over
16 hard drives, four flash drives and one disc of information related to the murders of Abby Williams and Libby German.
But they said in just the past three weeks, the prosecutor sent the defense team an additional
14 hard drives, five more flash drives and three more discs — a vast amount of new material that greatly increases the information defense attorneys must review prior to the upcoming trial."
Oct. 2, 2023
The defense team pointed to an overwhelming amount of discovery recently provided by the prosecutor in making the deadline request.
www.wthr.com
10/10/2023 | Order Issued
The Court having reviewed Defendant Allen's Motion for Discovery Deadline, the Court now orders the following: without objection by the State. The State of Indiana must produce all discovery to defense counsel on or before November 1, 2023.
Judicial Officer: Gull, Frances -SJ
Order Signed: 10/10/2023 |