Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

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Nobody is suggesting he speak to the media, which would be a violation of the gag order. He has disputed claims made by the defense in other responses to their motions, so why not this particular thing? Responding in an official filing, like he's done before, would not be a violation of the gag order.

IMO MOO
Not this one then because maybe it lacks relevance to the case right now? Edit to add...the testimony will speak for itself at trial, that's my guess as to why NMcL hasn't addressed it
 
It is not the Judge's job to build the defense nor babysit them at motion school.

She isn't required to answer a defense motion if the next motion supercedes it, and she's not required to explain why she's not. These are seasoned defense attorneys, they aren't in lawyer kindergarten, IMO they are purposefully engineering an appearance of bias.

She did remind them not to file ex parte motions improperly but she wasn't required to do so.

I wouldn't be surprised to learn that State HAS answered many of the Defense's misrepresentations but has done so properly. Ex parte because they may contain sensitive details and State strategy to which only the judge is party, not the Defense and not the public.

The judge is not obligated to respond to wordy, redundant, improper, speculative, and/or duplicate motions, and she's shown herself to have a keen understanding of applied law, as we would hope and expect.

JMO
 
I wouldn't be surprised to learn that State HAS answered many of the Defense's misrepresentations but has done so properly. Ex parte because they may contain sensitive details and State strategy to which only the judge is party, not the Defense and not the public.

Do ex parte motions show up in mycase? Not the contents; I just mean a record of the filing.

IMO MOO
 
Based only on the information that is currently publicly available, what is the current consensus regarding the strength of the case against RA? Based on what I've heard, I think it's fairly strong.

The video is infamously difficult to make out details from, but RA at least looks close enough that the video doesn't rule him out. Whereas it seems to rule out everyone else known to be on the trail that day.
 
There is no “Rick Whiteman.” DD (conservation officer) who took down RA’s information actually wrote that his name was Rick Whiteman, when in fact his surname was Allen and he lived on Whiteman Way. Another reason I do not trust any recollection by DD. :) JMO

Do you have a link the references the DD incorrectly recorded the interview took place with a person by the name of “Rick Whiteman”?

When this error was discovered it was attributed to a data error by whoever entered the information into the system. The person conducting the interview has no control If data is captured incorrectly into the system that logged tips.

“Someone mislabeled or misfiled tip information in the system, which means it didn’t show up in the correct location during a data search. The FBI says its review of the matter showed that FBI employees correctly followed established procedures.”
 
Oh my gosh I didn’t know that the FBI clerical error story was from the freakin Murder Sheet and not from the LE?

Áine Cain and Kevin Greenlee, creators of the The Murder Sheet podcast, told The Independent on Thursday that a civilian FBI employee mislabeled or misfiled information about Mr Allen when he was interviewed by police not long after the murders of Libby German and Abby Williams in Delphi, Indiana.”

This is the FBIs response:

“The statement says:

As stated in the past this is a complex multi-agency investigation. The implication that an alleged clerical error by an FBI employee caused years of delay in identifying this defendant is misleading. Our review of the matter shows FBI employees correctly followed established procedures.”
 
This is the FBIs response:

“The statement says:

As stated in the past this is a complex multi-agency investigation. The implication that an alleged clerical error by an FBI employee caused years of delay in identifying this defendant is misleading. Our review of the matter shows FBI employees correctly followed established procedures.”


rsbm

That is consistent with what we know. DD, did not file the report erroneously. Nor is he an employee of the FBI. Pretty sure he's DNR. MOO

It was entered incorrectly by whomever received the notes from DD. Someone who likewise probably wasn't an employee of the FBI. MOO

JMO
 
Based only on the information that is currently publicly available, what is the current consensus regarding the strength of the case against RA? Based on what I've heard, I think it's fairly strong.

The video is infamously difficult to make out details from, but RA at least looks close enough that the video doesn't rule him out. Whereas it seems to rule out everyone else known to be on the trail that day.
I think it's circumstantial strong. The prosecution is tight-lipped so we don't know much about the evidence. The defense seems desesperate to trown out the seach warrant, so I'm wondering if they have more damning evidence besides the bullet. If he will be convicted? If there isn't more direct evidence, I don't know. I don't like juries and I don't know if 12 people will understand that circumstantial evidence is evidence.
 
Do you have a link the references the DD incorrectly recorded the interview took place with a person by the name of “Rick Whiteman”?

When this error was discovered it was attributed to a data error by whoever entered the information into the system. The person conducting the interview has no control If data is captured incorrectly into the system that logged tips.

“Someone mislabeled or misfiled tip information in the system, which means it didn’t show up in the correct location during a data search. The FBI says its review of the matter showed that FBI employees correctly followed established procedures.”
Exactly HOW do we know it was incorrectly entered into the data base?? Are DD’s notes in evidence to show he wrote Rick Allen and not Rick Whiteman? We know DD can’t find the video he claims to have taken, although somehow I am not surprised. JMO
 
rsbm

That is consistent with what we know. DD, did not file the report erroneously. Nor is he an employee of the FBI. Pretty sure he's DNR. MOO

It was entered incorrectly by whomever received the notes from DD. Someone who likewise probably wasn't an employee of the FBI. MOO

JMO
The “misfiled tip” story came from podcasters and the FBI says the story is misleading and the tip was entered correctly.

The issue seemed to be that somehow the incorrect surname affected their ability to review the tip? It’s never made sense to me why that mattered if they’re reviewing all the tips anyways but now I see it’s from MS not LE so it won’t make sense to me lol.

All MOO
 
Based only on the information that is currently publicly available, what is the current consensus regarding the strength of the case against RA? Based on what I've heard, I think it's fairly strong.

The video is infamously difficult to make out details from, but RA at least looks close enough that the video doesn't rule him out. Whereas it seems to rule out everyone else known to be on the trail that day.

I believe it’s strong, and we only know a tiny little bit as well.

The fact RA admits he was out on that bridge and dressed similarly as BG and in the first statement he gave he said he was out there between 1.30 and 3.30.

A witness can place him on platform one, which he again admits he walked out to moments before the witness saw the girls walking towards the bridge.

Add in the bullet from his gun being found at the crime scene, and it’s not like they found multiple other bullets here. They found one bullet which matched RA’s gun. Then add in the multitude of confessions.

All MOO
 
Exactly HOW do we know it was incorrectly entered into the data base?? Are DD’s notes in evidence to show he wrote Rick Allen and not Rick Whiteman? We know DD can’t find the video he claims to have taken, although somehow I am not surprised. JMO

I posted a link, it was widely reported to have been a ‘clerical error’ but nobody is taking responsibility. But to assume DD recorded RA’s name on the interview incorrectly is purely speculation. Had that been the case I’m sure it would be more than just his time on the trails that was disputed.
 
I posted a link, it was widely reported to have been a ‘clerical error’ but nobody is taking responsibility. But to assume DD recorded RA’s name on the interview incorrectly is purely speculation. Had that been the case I’m sure it would be more than just his time on the trails that was disputed.
I think the parking location is questionable as well. DD writes RA parked at the Old Farm Bureau Building and Tony decides RA actually meant he parked at the CPS building and not that RA parked at the old farm building that everyone parks at..

MOO
 
I posted a link, it was widely reported to have been a ‘clerical error’ but nobody is taking responsibility. But to assume DD recorded RA’s name on the interview incorrectly is purely speculation. Had that been the case I’m sure it would be more than just his time on the trails that was disputed.
Per the PCA. The tip narrative includes “Mr Allen” as well as his stated time on the trails, where he parked, his phone MEID number and the fact that he only saw the one group of girls during his entire visit due to looking at his stock ticker.

He was the only man seen on the trials from 1:30pm to 2:15pm by the people on the trails. They had walked the entire trail from Freedom Bridge to High Bridge and Trailhead entrance.

From all the accounts I have read other individuals entered the trails after 2:15pm-5pm.

None those individuals saw RA or the girls from 215-3:57pm, when RA was leaving the trails.

The only way RA is going to be found not guilty is if he can place himself somewhere else from 1:30-3:57pm on February 13th, 2017.

The tip narrative is not needed to find him guilty.
But I think it’s pretty obvious one was made shortly after the girls went missing by RA.
All my opinion

https://fox59.com/wp-content/uploads/sites/21/2022/11/Probable-Cause-Affidavit-Richard-Allen.pdf
 
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I guess I'm just wondering if the defense's allegations are incorrect and SC says bloody blue jacket or any alternative that could be described as bloody blue jacket, why Nick doesn't directly respond to the defense's allegations and correct them with what she actually said.

Exactly to whom should prosecutor NM make this response? YouTubers?

The prosecutor should and, IMO, WILL respond at trial. Why would anyone think the prosecutor should respond to us, the public? Why should a prosecutor ignore a gag order?

The prosecutor will correct at the proper time. At Trial!!!

MOO
 
There is no “Rick Whiteman.” DD (conservation officer) who took down RA’s information actually wrote that his name was Rick Whiteman, when in fact his surname was Allen and he lived on Whiteman Way. Another reason I do not trust any recollection by DD. :) JMO

I'm not aware of this recorded note being released to the public. My opinion is DD wrote Richard Allen (dash) Whiteman. I can understand how a person could file this under "Whiteman". Easy to think Allen was a middle name.
 
We'll probably get to see the written words of DD as an exhibit and I'm sure they will be read onto the record too. MO
I'm not sure I'd believe the words of DD and I would hope that the D would ask him some very pertinent questions about the things he did write down, and how he's positive they're more accurate than other things he wrote down incorrectly. I'd also ask him where the recording is of the initial mtg. https://www.scribd.com/document/672126677/DELPHI-Memorandum-in-Support-of-Motion-pdf
 
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