Abby & Libby - The Delphi Murders - Richard Allen Arrested - #184

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Never worried because it came from the interpretations of an unreliable source. Their statements were weak and as it turns out; unsupported.

JMO

Pretty much everything presented by the defense is unsupported.
It’s all maybes, might haves, could haves, possiblies, and my favorites, things like “it’s possible that something like this could have happened and if it might have then the only possible conclusion could be that what did in fact actually happen would have to be found inadmissible on the grounds that there being numerous other verb tenses available to us to further muddle the issue, it’s better to stop here”.
And every 15th word would be misspelled.
 
Here's Richard Allen's Affidavit as referenced in and in support of the Defense's Motion to Disqualify linked above.

Affidavit in Support of Motion to Disqualify
High time for FCG to recuse. Her bias is blatantly obvious. It’s either recuse or be handed her walking papers by the SCOIN. To preserve justice and ensure RA gets a fair trial, it is essential that she leave, voluntarily or not. JMO
 
SCOIN already ruled on the recusal of the judge by saying she was not biased and should not be recused. Since then the defense has brought up recusal how many times?

The problem the defense has with this case is NOT the judge. She is following Indiana law. The problem they have is that their client is confessing his guilt to everyone he talks to. JMO
 
So can't the court also present her contempt findings to SCOIN. The D is not the only ones who have gathered information after the hearing that could have set their ruling in another direction. Also all the "information" they have gathered is not warranting any bias in my opinion. It's the same song and dance. They are disrespectful and she is holding them to the timeline they continue to manipulate. This court will not be manipulated.

Again, wouldn't be mad if she did decide to recuse because who wants to keep working with the incompetent. If they think a new judge is going to have better odds they should learn the hard way. She does not have to hear their Franks 2-4 when it's the same recycled material. She does not have to hear anything more about the search warrant. It's IN!!!

How dare they imply the State only filed a motion because the judge threw them a bone. We have all been reading and we have all seen she already said THIS WILL NOT WORK. They are not meeting their burden. They haven't made any successful offers to prove.
 
SCOIN already ruled on the recusal of the judge by saying she was not biased and should not be recused. Since then the defense has brought up recusal how many times?

The problem the defense has with this case is NOT the judge. She is following Indiana law. The problem they have is that their client is confessing his guilt to everyone he talks to. JMO
SCOIN ruled that she couldn’t be disqualified related to removing the attorneys and she’d have to go about removing them the legal way. Which she tried but then couldn’t find them in contempt. But there are other issues that can be raised and cause a disqualification. Not sure why everyone thinks the ruling from SCOIN was permanent and could never change.
 
SCOIN already ruled on the recusal of the judge by saying she was not biased and should not be recused. Since then the defense has brought up recusal how many times?

The problem the defense has with this case is NOT the judge. She is following Indiana law. The problem they have is that their client is confessing his guilt to everyone he talks to. JMO
IIRC The SCOIN did not say Judge Gull is not bias. They said the evidence brought by the defendant at that time did not support a finding of bias.

Agree the defense’s major challenge are RA’s statements against interest while incarcerated, should they be admitted as evidence.

That being said, the issue at hand is that RA should have a non-bias judge ruling as to whether evidence with regard to statements from incarceration should be admitted at trial.

IMO, Judge Gull will likely not be making those decisions. I don’t see her surviving a 2nd Original Action on this topic.

JG’s decision/opinion re contempt fully cleared the D of contempt. And then she took a swipe at them - same old disdain game.

IMO Judge Gull lost the ability to try this case fairly in the eyes of RA and the public when she decided to gratuitously malign the Defense just two weeks prior to jury selection on this highly publicized trial - after finding them not guilty.

Many believe that by maligning the exonerated D immediately prior to voir dire that Judge Gull tainted the jury pool - a structural error.

If Judge Gull again refuses to recuse, this will likely return to the SCOIN - expedited. Why would the Supreme Court allow a structural error to loom over a high profile murder trial?

I’m curious to see how quickly Judge Gull will respond to this latest motion to DQ. My sense is judge Gull likely made a conscious choice writing that decision; and expected to recuse if challenged.
IMO she is as good as off the case.

JMHO
 
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SCOIN already ruled on the recusal of the judge by saying she was not biased and should not be recused. Since then the defense has brought up recusal how many times?

The problem the defense has with this case is NOT the judge. She is following Indiana law. The problem they have is that their client is confessing his guilt to everyone he talks to. JMO
This is absolutely 100% true based on what I've seen of this case. They'll blame anyone or anything while their own client keeps telling everyone he's guilty. A notable exception are YouTubers that spread the D's "message of innocence," they, like Ricky, are beyond reproach. Yeah, and those same YouTubers are probably hoping they can jockey themselves into position for being the next person RA confesses to.

People make false confessions all the time, for all different reasons. But based on the totality of the evidence against RA, this unfortunately doesn't look like one of those situations. Since the D's future interests rest with books, a lecture circuit, spots on said YouTubers' shows, and appeals of the almost certain conviction of this client, they're going to chase down the old war horse, pelt her with insults and continue to exercise their "tactics," which look like chicanery and sometimes conjure up images of snake charming and circus sideshow acts. In the meantime, I think RA's guilty, and how do you think the D attorneys would view him approaching them saying he wants to cop a plea? What's that going to do to their futures on the lecture circuit, what about the appeals? What about the YouTube shows? I think they'd view that with horror as it would end the public spectacle they've been thriving in. So in the meantime, RA may be viewing a plea deal as something that's not of practical value in that the DP isn't really in play, so he can't benefit too much from a plea deal. He's getting life without parole no matter what. But he could negotiate for leniency with that deal, and it may translate into practical benefits. I'm just saying, this person cannot seem to stop confessing, and the evidence against him does seem to strongly support RA's own case against himself. It looks like a better and stronger case than the one his attorneys are advancing. That's the problem.
 
This is absolutely 100% true based on what I've seen of this case. They'll blame anyone or anything while their own client keeps telling everyone he's guilty. A notable exception are YouTubers that spread the D's "message of innocence," they, like Ricky, are beyond reproach. Yeah, and those same YouTubers are probably hoping they can jockey themselves into position for being the next person RA confesses to.

People make false confessions all the time, for all different reasons. But based on the totality of the evidence against RA, this unfortunately doesn't look like one of those situations. Since the D's future interests rest with books, a lecture circuit, spots on said YouTubers' shows, and appeals of the almost certain conviction of this client, they're going to chase down the old war horse, pelt her with insults and continue to exercise their "tactics," which look like chicanery and sometimes conjure up images of snake charming and circus sideshow acts. In the meantime, I think RA's guilty, and how do you think the D attorneys would view him approaching them saying he wants to cop a plea? What's that going to do to their futures on the lecture circuit, what about the appeals? What about the YouTube shows? I think they'd view that with horror as it would end the public spectacle they've been thriving in. So in the meantime, RA may be viewing a plea deal as something that's not of practical value in that the DP isn't really in play, so he can't benefit too much from a plea deal. He's getting life without parole no matter what. But he could negotiate for leniency with that deal, and it may translate into practical benefits. I'm just saying, this person cannot seem to stop confessing, and the evidence against him does seem to strongly support RA's own case against himself. It looks like a better and stronger case than the one his attorneys are advancing. That's the problem.

That's the solution and that's the evidence. That's all the D needs to focus on for the love of all things holy including Odin!
 
JG’s decision/opinion re contempt fully cleared the D of contempt. And then she took a swipe at them - same old disdain game.

IMO Judge Gull lost the ability to try this case fairly in the eyes of RA and the public when she decided to gratuitously malign the Defense just two weeks prior to jury selection on this highly publicized trial - after finding them not guilty.


If

JMHO
I don’t believe JG “cleared” them or found them “not guilty”.
She found “proof of preponderance of the defense being sloppy, negligent and incompetent in their handling of discovery material”. But the prosecutor did not prove “beyond a reasonable doubt” that the defense team was “willful and intentional” in their so-called “sloppy” actions.

Just like SCOIN did not feel the evidence provided by defendant/defense had proved JG Bias months ago.

It’s exactly the same IMO. The burden of proof wasn’t met in either case. If one can say that means the defense was “Not Guilty” of contempt then one must paint by the same brush with JG and say she was found “Not Biased”.

AMO
Judge finds Delphi defense team ‘sloppy’ but not in contempt
 
Also, the new motion required Richard Allen's signature and because Richard Allen has been moved back to Wabash Valley Correctional Facility, it is logistically difficult for Richard Allen to review the document and sign the document so that it comports with the legal requirements of a request for disqualification.
bbm
Could it also be, that one day in the future one will no longer be able to find RA again? Lost in some "storage institution"? ;)
 
SCOIN ruled that she couldn’t be disqualified related to removing the attorneys and she’d have to go about removing them the legal way. Which she tried but then couldn’t find them in contempt. But there are other issues that can be raised and cause a disqualification. Not sure why everyone thinks the ruling from SCOIN was permanent and could never change.
Where's the bias?
 
Bill Lebrato says one of the guards overseeing Allen, Sergeant Randy Jones, was ordered to remove Odinism patches on his uniform, then later got a face tattoo resembling Odin's Spear.

Court TV Exclusive
EXCLUSIVE: Allen's Ex-Attorney Says Prison Guard Had Odinism Face Tattoo
It just "resembled" Odin's spear, according to Lebrato. Well that's a subjective statement isn't it. And let's say it is Odin's spear, what would be the difference if a Christian guard was wearing a cross patch and then decided to get a cross tattoo...nothing in the eyes of Freedom of Religion. Also, what does any of this have to do with Richard Allen's incarceration? Was getting a religious face tattoo against any prison guard rules?
 
Not sure if we saw this document upthread.
Motion to continue hearings.
Mystery of RA’s whereabouts are solved.
  1. Also, the new motion required Richard Allen's signature and because Richard Allen has been moved back to Wabash Valley Correctional Facility, it is logistically difficult for Richard Allen to review the document and sign the document so that it comports with the legal requirements of a request for disqualification.
Ok if he's back in Wabash, what's the motion to vacate the safekeeping order about? He's been transported to and from prison for hearings before without a motion to vacate safekeeping when he got back to prison...so it's not about that, right? What is that motion about and why does the document say May 16th, when court docket says filed May 13th?
 
What's taking a major hit here is Odinism, which I knew absolutely nothing about until this trial. Like just because someone's into neo-paganism, they're suddenly now possible murderers and/or racists?? Why didn't the D narrow its scope accurately? This is about Vinlanders, not necessarily neo-pagans generally, or Odinism generally. I'm not saying Odinism isn't associated with racism and possibly killing, but I am saying Odinism is not always associated with these.

Odinism is considered a genuine religion by some of its practitioners. That may trigger religious protections legally, and possibly freedom of expression concerns, and maybe freedom of association concerns, too. That means restrictions, and there's potentially not going to be the same robust debate on the issue when it triggers these protections. It's (potentially) not going to be as "wide-open" as the debate you might see on whether this was an SK. A D can reap the benefits of attacking a religious "cult" in their trial (conjuring up the ideas of the "mysterious," "secretive," and "ritual" in juorors' heads) while at the same time, they can exploit the legal protection of exactly what they're discussing (guards' wearing of Odinite patches and so on). What's not to love for a D in that? "Oh, we know it was them!! If only these cult murderers didn't get to hide behind this! You may not be able to see the whole picture! So unfortunate!" They want to conjure up these "scary cult" images in people's heads, and at the same time, they can exploit the legal "fallout" that might accompany their "reasoning." And we've already seen some of that in that the wearing of these patches by guards does move into complex legal issues that are completely removed from this trial's fundamental question. But the real problem with D reasoning is that they shouldn't be discussing the religious aspect at all since the people they're noting that practice it are not the ones on trial. Their client is. And they're noting he's not an Odinite, so...? So why turn Richard Allen's trial into a witch hunt, basically? Because the average person probably isn't a witch. The average person isn't someone "into" Odinism. And that's some social currency any D can really put to bad use if they're in the mood to do so. I would hope the D isn't doing this, but they very easily could have made this about "Vinlanders" instead of "Odinism." The problem? Well, my guess is the prison guards in question aren't Vinlanders, which is the known hate group. Look, what this is really about is whether RA's "Bridge Guy." D keeps insisting he's not guilty, so-- not Bridge Guy. Why do you think that? Leave the "Odinists" out of it for a few seconds. Why is RA not "Bridge Guy"? They clearly don't want to answer this question right now, but pretty soon, they'll have to.
 
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Ok if he's back in Wabash, what's the motion to vacate the safekeeping order about? He's been transported to and from prison for hearings before without a motion to vacate safekeeping when he got back to prison...so it's not about that, right? What is that motion about and why does the document say May 16th, when court docket says filed May 13th?
His attorneys are asking the judge to vacate a safekeeping order, and transfer Allen to either the Tippecanoe or Cass County Jail.

 
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