RBBM Above for focus.
MOO. I am not sure how the pieces fit together in this scenario.
May I respectfully ask who “the State” is in the scenario you describe above?
The B&R defense team was originally appointed by Judge Gull (who was appointed after Judge Diener self-recused). It would seem that State Actors allowing Judge Diener’s initial recusal would have derailed any original plan by the State Actors to get inferior and lackadaisical attorneys named to the defense to force a plea deal.
Or does this suggest that Judge Gull appointed B&R initially because her perception was that they were lackadaisical?
Were they lackadaisical, but became inspired by this case and are now committed? That course correction then dismayed Judge Gull, who tried to dismiss them?
Or are all Indiana public defense attorneys (other than the ones rallying to B&R’s own defense) considered to be lackadaisical under this scenario?
Was the Indiana Supreme Court part of the State’s plan in this scenario? Did they appoint Judge Gull with the intent that she would name lackadaisical defense attorneys, but after B&R demonstrated they are not lackadaisical, they were concerned the plan would become too obvious, so they renamed B&R as the defense but also maintained Judge Gull in place to carry out the original plan in a different manner? Are a subset of SCOIN justices involved with others oblivious to the plot, which explains the seemingly contradictory actions?
Or is the State Actor centered by Carroll County (CC) Prosecutor Nick McLeland? He was counting on them to be lackadaisical, so he … did what? I struggle with how McLeland’s perception that defense attorneys appointed by an appointed Special Judge were / would be lackadaisical would affect McLeland’s actions? Much of the lost (some subsequently recovered) records were lost or misfiled / mishandled prior to McLeland becoming prosecutor.
McLeland served briefly as a public defender for Carroll, Clinton and White counties, according to the
Monticello Herald Journal:
If McLeland was banking on lackadaisical public defenders, do you think that perception was informed by his serving as a public defender?
If this is posited as a CC, IN, faction in LE and possibly beyond, they would seem inept in planning if they did not have Judge Diener,
who would almost certainly handle any initial charges, on board. If he WAS in on the original plot, did he fear public scrutiny more than any reprisals that the CC faction would seek against him for recusing? Judge Diener did not fear the local faction who were willing to allow the brutal murderer(s) of A&L walk free while (possibly) setting up RA for a capital case in order to cover up for 1) their own crimes and/or 2) their own ineptness?
How does RA’s initial assertion that he would hire private counsel align with this scenario? Is it simply an unrelated coincidence? Or was RA subsequently coerced by State Actors in the White County jail into requesting appointed attorneys so that the Judge (not sure where this fell in the Diener -> Gull transition) could appoint lackadaisical defenders, only to have that backfire with B&R being put on the case?
Were B&R aware at any time that they were supposed to be lackadaisical? It would seem to be a huge risk on The State’s part not to have some sort of assurance that the defense attorneys would in fact be lackadaisical, if that were key to the entire setup. But if B&R were ever overtly approached, it seems that they would have evidence of the plot and unveil it. Maybe that’s yet to come?
Maybe the leak of crime scene photos was orchestrated by State Actors to get Attorney Baldwin (at least) removed from the case? Maybe Attorney Baldwin was subjected to as yet unknown coercion by State Actors and was willing to withdraw, but Attorney Rozzi, who was not aware of any of this, persevered and subsequently both were reappointed by SCOIN?
If RA does plea at any point, would that be evidence of ineffective or highly effective counsel? Perhaps like so many things in this case, that, too, will be subject to interpretation.
Perhaps it’s a very poorly planned scheme involving many State Actors. That wouldn’t be unheard of, and there are some who would say that’s “Standard Operating Procedure.”
It’s simply difficult for me to understand how this works with what we know so far.
MOO.