Abby & Libby - The Delphi Murders - Richard Allen Arrested - #187

[sunshineray]

Delaying all of the motions to be heard all at once on July 30th then limits the time for any future filings that may be necessary based on outcome that then have to be dealt within that short time before trial. It seems like an unnecessary risk.

I don’t really understand why each item couldn’t have been dealt with promptly after it was filed so that each side knows where they stand for their trial prep.

Just writing the same motion and having it denied twice, then regurgitating the same things two more times, in two "new" with the same things that have been denied twice doesn't mean the judge has to to anything more. I think there might even be sanctions that can apply for actions like that?

In layman's terms, flooding the court with unsubstantiated and frivolous motions already addressed twice, in between waiving a speedy trial, then wanting a speedy trial, then waiving a speedy trial...and also motions for continuances at the last minute before pretrial hearings.

And do this after telling the SCOIN they were ready to go trial, to get themselves reinstated. I wonder how SCOIN Administrator will react to that email? Has CW shared any of her views, is she back in the Delphi game or is she still busy reviewing KR trial? AJMO

 

[steeltowngirl]

Is it just me or does it feel like are they not focused on getting ready for the trial?

All they seem to want to do is get the search warrant thrown out and that sums up their game plan right there.

It just screams more delaying tactics on their part.

Moo

I see another SCOIN toss coming. They are just buying time. Wonder if RA is still flapping his gums in prison?

Bright side: The longer defense puts this off, the more confessions to be had.

jmo

 

[sunshineray]

If you were the one on trial, and the judge was dragging her butt ruling on matters for as long as she has, why would you want to rush to trial? Wouldn’t you have personal concerns that she is biased against you? Would you want to have her kicked off the case in order to have a fair trial that abides by legal standards? I would. This would concern me enough to delay a trial.

She's ruled on them already, twice

 

[grannygates]

The Court scheduled to rule on the hearings in May, but the D asked for the continuance.

EBM: To add, if the D tries an OA to the SCOIN that is going to stall the hearings by Judge Gull already scheduled at the end of July and will keep pushing the trial date back further and further.

JMO

IIRC the May hearings did not include the outstanding Franks. The Praecipe states that the court indicated May 7th that they would rule upon the Franks without a hearing unless necessary but that subsequently no ruling was made. So the defense is just asking for the outstanding ruling. IMO

 

[sunshineray]

Well sure, you're not guilty or involved, and you're not the one facing a horrible trial wherein your rights might be railroaded, and your innocence difficult to prove (because surprise! you're guilty of some part of this! - lol RA, not you of course!). But seriously though, if I were his lawyers, I wouldn't want JG anywhere near ruling on anything in this case. And their in luck as she seems to have zero interest in doing so at all, least of all in a timely manner!!

If its taking her THIS long to rule on motions that have sat in front of her for literal MONTHS, then what is holding her back on getting to them? The legal system is quite broken! I cannot blame the lawyers for pointing this out. There is no scenario in which a judge should be permitted to sit on matters before her without a decision. None. Is she just hoping to get to trial without ever having ruled on the motions??? How is the actual trial supposed to go forward if she has all these outstanding issues undealt with? We're dreaming if we think there is gonna be a resolution to this case in October 2024 at this rate.

​

JG has already ruled on the stuff in FMs, twice

 

[girlhasnoname]

Well sure, you're not guilty or involved, and you're not the one facing a horrible trial wherein your rights might be railroaded, and your innocence difficult to prove (because surprise! you're guilty of some part of this! - lol RA, not you of course!). But seriously though, if I were his lawyers, I wouldn't want JG anywhere near ruling on anything in this case. And their in luck as she seems to have zero interest in doing so at all, least of all in a timely manner!!

If its taking her THIS long to rule on motions that have sat in front of her for literal MONTHS, then what is holding her back on getting to them? The legal system is quite broken! I cannot blame the lawyers for pointing this out. There is no scenario in which a judge should be permitted to sit on matters before her without a decision. None. Is she just hoping to get to trial without ever having ruled on the motions??? How is the actual trial supposed to go forward if she has all these outstanding issues undealt with? We're dreaming if we think there is gonna be a resolution to this case in October 2024 at this rate.

​

Judge Gull has made rulings and all Motions do not require hearings legally. She hasn't been sitting there doing nothing and I do not believe she is biased against RA especially. I think she truly wants to see him represented by competent counsel and by the actions of this D, that has been rightfully called into question. JG had 3 days of rulings scheduled in May and Defense asked for a continuance.

They withdrew their MST because they said they weren't going to have enough time at trial, yet they waited until just before the hearings when they had the trial date from March and agreed to it. Juror questionnaires were already mailed out. Who is consistently playing the games here?

Regardless, the SCOIN allowed R&B back on the case and chose to keep JG in place. Enough with the absurd and childish name calling Motions and Notices, do your jobs guys. This isn't clown court, and the saddest part is that Abby and Libby are an afterthought at this point. Their families have endured countless re-victimization by all these stops and starts. Inexcusable.

#Justice4Abby&Libby

JMO

 

[raja]

Dbm

 

[TTF14]

Delaying all of the motions to be heard all at once on July 30th then limits the time for any future filings that may be necessary based on outcome that then have to be dealt within that short time before trial. It seems like an unnecessary risk.

I don’t really understand why each item couldn’t have been dealt with promptly after it was filed so that each side knows where they stand for their trial prep.

The trial is going to be rife with side bars. The jury will spend loads of time back in the jury room twiddling their thumbs.

IMO MOO

 

[Spartygirl]

The trial is going to be rife with side bars. The jury will spend loads of time back in the jury room twiddling their thumbs.

IMO MOO

Exactly !!

I can see the Defense team doing this non-stop. UGH

We just want to see a fair trial and justice for Libby and Abby and their families.

 

[TTF14]

Exactly !!

I can see the Defense team doing this non-stop. UGH

We just want to see a fair trial and justice for Libby and Abby and their families.

Why is it always the defense team's fault? The judge is the one with so many things she's completely ignoring and not ruling on like she's supposed to. The defense has shown time and time again they are more than willing to file things in a timely manner. She just won't respond. I guess she's waiting for sidebar?

IMO MOO

 

[Spartygirl]

Why is it always the defense team's fault? The judge is the one with so many things she's completely ignoring and not ruling on like she's supposed to. The defense has shown time and time again they are more than willing to file things in a timely manner. She just won't respond. I guess she's waiting for sidebar?

IMO MOO

I beg to differ with you--

The have now rescheduled trial what?, 3 times??

They want a speedy trial, they dont want a speedy trial, they have written how many franks Motions now??

They are the ones that ignored the gag order, IMO

All they do is file, file and more filing... instead of preparing for their client's trial.

Judge Gull already ruled on these repeated motions....how many times more is she going to have to do this ??

Bottom line is- D has a losing case, they know it and they are doing everything they can to prolong it JMO

 

[TTF14]

I beg to differ with you--

The have now rescheduled trial what?, 3 times??

They want a speedy trial, they dont want a speedy trial, they have written how many franks Motions now??

They are the ones that ignored the gag order, IMO

All they do is file, file and more filing... instead of preparing for their client's trial.

Judge Gull already ruled on these repeated motions....how many times more is she going to have to do this ??

Bottom line is- D has a losing case, they know it and they are doing everything they can to prolong it JMO

And again, I ask, why is this all the defense team's fault? They are doing their job, and probably over and above since they are also making a detailed record for a possible appeal. Judge Gull has NOT ruled on this repeated motions. A quick glance at MyCase will tell you that.

Even if the defense "has a losing case," that's not a reason for the judge to ignore motions.

IMO MOO

 

[sunshineray]

The trial is going to be rife with side bars. The jury will spend loads of time back in the jury room twiddling their thumbs.

IMO MOO

Well having some pretrial evidentiary hearings would go a long way in making sure those kind of things don't occur overly much, MO

 

[sunshineray]

Why is it always the defense team's fault? The judge is the one with so many things she's completely ignoring and not ruling on like she's supposed to. The defense has shown time and time again they are more than willing to file things in a timely manner. She just won't respond. I guess she's waiting for sidebar?

IMO MOO

Half the time they've filed things incorrectly or things without substance and/or validity. The judge is not ignoring things, the defense is filing 90% recycled tripe. AJMO

 

[susiQ]

He's already guilty so his rights don't matter.

Dang! We need a sarcasm font !

 

[TTF14]

Half the time they've filed things incorrectly or things without substance and/or validity. The judge is not ignoring things, the defense is filing 90% recycled tripe. AJMO

You call it tripe. I call it a legal filing. Procedure exists for a reason.

 

[Megnut]

I'm guessing there's a code for this. If a judge has already ruled on a motion, there's an automatic denial for resubmission. If the motions aren't relevant, substantiative or meet the proper thresholds, no hearing is required. Rehashing is hash. MOO

The Defense went to law school. They know it. They add a few pages, plug in a few new footnotes but that doesn't make it a new motion if it's repetition and STILL fails to meet the standard.

JMO

 

[photographer4]

No. Actually I wouldn’t.
I would be more interested in moving this trial forward in order to get my innocent rear out of this abusive prison environment…..as claims my defense team.
Why are you constantly delaying things that require me to remain in these conditions?
Why do you keep ignoring my confessions?

The judge is not the problem, the defense team is. They do not want RA to be tried on the facts, because they know they cannot win.
They know they can only win on a legal technicality or by manipulating the legal system.
They care more about putting a child murderer back on the streets than they care about justice for Libby and Abby, their families or the community.
Justice is not working hard to get a guilty man set free. Get that man the best deal you can get him.
The defense cannot win a trial on the facts. They can’t accept that.
They don’t even want to argue the evidence at the upcoming hearing.

Edit: that opinion thing

But their job is NOT to get justice for the murdered kids. We'd like it to be, but it just isn't. Their job is ONLY to ensure that RA has a fair trial, to defend him and to ensure his rights are not trampled. And just because WE might want them to get a deal for RA, doesn't mean RA wants a deal. He instructs the legal team as to his wishes. Even if they do not agree with his wishes, they have to act on them. They can advise him X is a terrible idea because XYZ but that is all they can do. Its not up to them if he is offered a deal or if he accepts one. If they suggest he pleads guilty and hopes for mercy, he can STILL instruct them to take this to trial. And we have no idea what his instructions to them have been to date - this might be them doing what they're told, even if it makes them look bad to everyone else.

IF they can win on a technicality, they SHOULD. If his rights were violated in the process of his arrest or subsequent detainment, then I'm sorry, but they SHOULD win this. No, I don't want a child killer on the streets. But I don't want a man railroaded either. If that means they have to slow down the process to highlight the flaws of the legal proceedings to date, well, it sucks, but its necessary in my opinion. What point is there to race to trial when there have been questions of the legitimacy of the search warrant and other issues in the case to date? Its fine to sit here and say we'd race to trial because we're innocent, but when we're actually the ones being railroaded, I wonder how many of us would still want to race to the trial and skip the legal issues / rights issues?

 

[photographer4]

This defense team has not shown one indication that they, even now, are doing anything in preparation for a trial or the upcoming hearings. Instead they prepare more frivolous filings.
The defense knows they cannot win on the facts.

No doubt my opinion

Interestingly, they may not have to win on facts. If JG keeps going the way she is, I wonder if they'll win a mistrial and he will go free regardless??

 

[photographer4]

She's ruled on them already, twice

How many Franks are before her currently without rulings? LIke it or not, she's supposed to rule on motions before her. If she finds them frivolous, surely there is a means to put an end to them swiftly? Ya know, by ruling on them?