Abby & Libby - The Delphi Murders - Richard Allen Arrested - #192

[photographer4]

Well we’ll see but the Judge rules her courtroom. Not the defense.

When the judge errs, or her judgement is in question, the Supreme Court may be called in to oversee matters. I wonder if that is where this might perhaps be heading, and might perhaps further delay the October / November trial dates?

 

[m00c0w]

I was under the impression that this memo is a follow up from the hearing regarding the states motion in limine to exclude all the 3rd party evidence, not a franks or contesting the search warrant. I was taking it as an FYI summary of facts for the judge to consider when ruling on the states motion.

You’re correct. I believe there are a few things that probably weren’t brought up in as much detail during the motion in limine hearing, but it’s largely a rehashing of it.

My opinion since I wasn’t at the hearing to know for sure.

 

[Arkay]

When the judge errs, or her judgement is in question, the Supreme Court may be called in to oversee matters. I wonder if that is where this might perhaps be heading, and might perhaps further delay the October / November trial dates?

Anyone found guilty of a crime has a chance to appeal the verdict.

There’s an entire process. The Supreme Court is the end, not the beginning, of an appeal.

The Defense has to file an appeal. Then the Appellate Court makes a decision about the worthiness of the appeal.

Next, if anything, the states have their own State Supreme Courts.

The very, very last option after that is the U.S. Supreme Court, and by necessity they have to be selective about which cases they will accept.

 

[Caylee Advocate]

I agree; as are all the "Odinists" who LE suspected, investigated and could not place at the scene of the crime despite their best attempts to do so (as per their very own testimony) and who have not been charged with anything. Yet, here we are.

Yet the Odinists were suspected by LE as you say, **I wonder WHY**? KA wasn't (unless I missed something). It really doesn't matter to me about the Odinists... my sympathies remain with the two girls Libby and Abby.... the REAL victims. MOO

 

[m00c0w]

When the judge errs, or her judgement is in question, the Supreme Court may be called in to oversee matters. I wonder if that is where this might perhaps be heading, and might perhaps further delay the October / November trial dates?

In Indiana, the trial court has to certify discretionary interlocutory appeals first (the steps are in Rule 14 at the link). It’s still JG’s court until the case is adjudicated.

I have no idea how common it is for interlocutory appeals to be filed, nor for them to be certified by trial courts in Indiana. I can guess that if JG feels the defense is just trying to waste time and delay the trial, she will push forward and leave it for appealing after the fact.

Indiana Rules of Appellate Procedure

JMO

 

[grannygates]

You’re correct. I believe there are a few things that probably weren’t brought up in as much detail during the motion in limine hearing, but it’s largely a rehashing of it.

My opinion since I wasn’t at the hearing to know for sure.

The only thing that I hadn’t heard was the white truck. I think that it makes sense for the defense to write this memo chock full of caselaw (and the constitution) supporting their right to present a defense. You have a judge that historically rules against them on everything and anything, so you might as well make a really good record for the possibility that she continues to rule against them. Whether it’s to support their case now or later.

 

[grannygates]

Seems to me that "dead by 1530hrs" is also the timeline that the D-Teams preferred-LE were going with too (I wonder why that seems to be the concensus amongst LE??) .... and they still couldn't place them there.

That's exactly why it makes sense that the D-Team is now trying to push the timing of the murders to later in the day.

IMO

The Unified Command provided all of the supporting LE that timeline (over by 3:30) per Murphy.

DELPHI: Memorandum in Support of Motion PDF | PDF | Prosecutor | Police

DELPHI: Memorandum in Support of Motion.pdf

www.scribd.com

 

[m00c0w]

From Franks 1:

The marking on the tree was an Ansuz rune and the message at the scene was “Hail Odin”. BH had posted a “creepy self-drawn illustration” with this rune, and is an example of “one of the many Easter eggs [BH] left behind on his Facebook page on multiple posts.”

From the defense’s response to the state’s motion in limine that was filed today:

The Ansuz rune is now a Laguz rune. We no longer have “Hail Odin” or the Easter eggs on BH’s Facebook page. We don’t have a creepy drawing that he posted on Facebook with the same symbol as the tree.

Very odd…

JMO

 

[Cyber sleuth]

You’re correct. I believe there are a few things that probably weren’t brought up in as much detail during the motion in limine hearing, but it’s largely a rehashing of it.

My opinion since I wasn’t at the hearing to know for sure.

Yes it seems defense ran out of time. So they decided to file this in front of the status hearing next week.
Jmo

 

[Caylee Advocate]

The only thing that I hadn’t heard was the white truck. I think that it makes sense for the defense to write this memo chock full of caselaw (and the constitution) supporting their right to present a defense. You have a judge that historically rules against them on everything and anything, so you might as well make a really good record for the possibility that she continues to rule against them. Whether it’s to support their case now or later.

That was the only part I hadn't heard either. I wonder when she reported it? At least it is new and we now have something to pick apart... kinda' tired of wash, rinse, and repeats. No wonder it seems like a battlefield most days.... it's due to boredom!


Snipped from latest document... proofreader should be required... Gah.

"Ned Smith drove a white pickup truck (Dep. Rod Abrams, (p. 19) and that also sometimes Elvis Fields drove a white pickup truck. Tina Garrison saw a white truck parked at the old CPS building (near the Monon High Bridge Trail) at approximately 4:20 p.m. on the day of the murders. This Tina Garrison report was tendered neatored r the end of the day as an exhibit on August 1, 2024. Given that both Elvis Fields, and his friend Ned Smith drove white pickup trucks, this potentially places them in Delphi near the scene of the murders on February 13, 2017."

 

[TTF14]

The Unified Command provided all of the supporting LE that timeline (over by 3:30) per Murphy.

DELPHI: Memorandum in Support of Motion PDF | PDF | Prosecutor | Police

DELPHI: Memorandum in Support of Motion.pdf

www.scribd.com

They are now locked into that timeline because it's the time the family reported the girls were dropped off.

 

[TTF14]

Yes it seems defense ran out of time. So they decided to file this in front of the status hearing next week.
Jmo

What do you mean by "ran out of time?" Ran out of time for what?

 

[susiQ]

That was the only part I hadn't heard either. I wonder when she reported it? At least it is new and we now have something to pick apart... kinda' tired of wash, rinse, and repeats. No wonder it seems like a battlefield most days.... it's due to boredom!


Snipped from latest document... proofreader should be required... Gah.

"Ned Smith drove a white pickup truck (Dep. Rod Abrams, (p. 19) and that also sometimes Elvis Fields drove a white pickup truck. Tina Garrison saw a white truck parked at the old CPS building (near the Monon High Bridge Trail) at approximately 4:20 p.m. on the day of the murders. This Tina Garrison report was tendered neatored r the end of the day as an exhibit on August 1, 2024. Given that both Elvis Fields, and his friend Ned Smith drove white pickup trucks, this potentially places them in Delphi near the scene of the murders on February 13, 2017."

I have to wonder if a white pickup truck was seen on the HH video that day??

 

[grannygates]

From Franks 1:
View attachment 524902
The marking on the tree was an Ansuz rune and the message at the scene was “Hail Odin”. BH had posted a “creepy self-drawn illustration” with this rune, and is an example of “one of the many Easter eggs [BH] left behind on his Facebook page on multiple posts.”

From the defense’s response to the state’s motion in limine that was filed today:
View attachment 524904
The Ansuz rune is now a Laguz rune. We no longer have “Hail Odin” or the Easter eggs on BH’s Facebook page. We don’t have a creepy drawing that he posted on Facebook with the same symbol as the tree.

Very odd…

JMO

I’m not sure who gave them that initial opinion of the F, whether that was the purdue professor or found through the LE reports, but I agree it’s hard to make out what the final shape was intended to be. The BSE said he didn’t see the middle horizontal line so he called it an L. The L shape is definitely present, so the middle line up for debate. I know they did luminal so hopefully that will show more definitively whether it was an upside down L or an F.

To be fair, only the person who actually made the shape will know for sure what it is. Everyone else is kinda just guessing.

This is the Laguz.

Laguz - Wikipedia

en.m.wikipedia.org

 

[Caylee Advocate]

I have to wonder if a white pickup truck was seen on the HH video that day??

Dunno'. One thing more to add to the conspiracy I guess. I love how many thought EF didn't own a vehicle or didn't drive. Wonder how he has a DL? Certainly he didn't drive without one? MOO

 

[Arkay]

To be fair, only the person who actually made the shape will know for sure what it is. Everyone else is kinda just guessing.

Unless it’s not a letter or symbol at all.

Just Libby bleeding out and touching or leaning against the tree as she died.

If we ever know it will be something that is revealed in court, IMO.

 

[grannygates]

Unless it’s not a letter or symbol at all.

Just Libby bleeding out and touching or leaning against the tree as she died.

If we ever know it will be something that is revealed in court, IMO.

If someone is able to show me how one event of blood transfer to the hand makes that defined shape with straight lines and steady application of blood throughout, I will believe it is possible.

Meanwhile, I now get to say that there are photos online of people within their group painting runes on trees with blood during their ceremonies that are similar in appearance of application as this one.

Adobe Acrobat

acrobat.adobe.com

 

[Cyber sleuth]

What do you mean by "ran out of time?" Ran out of time for what?

Sorry. I meant they ran out of time day 3 of the hearings. This is all stuff they were covering.
My opinion

 

[photographer4]

Not quite, ha. PW cut a chicken’s head off, and BH liked some nasty FB posts.

I will say the first ten pages is legal documentation of precedent cases. Fair enough. The final 17 pages are rehash of each of the alternate suspect stories. KAK and RL weren’t discussed in the first four editions of the Franks, so that is new. Also a good bit about the phone allegedly turning on at 4:33 am.

Notably, on pg 16, it’s mentioned twice that prosecution states that RA left by 3:30 pm. Defense does not appear to dispute that time, which is in contrast to previous reports that he was gone by 1:30 pm.

jmo

Thank you for the summation - I’m sad it didn’t involve some really cool crows or raccoons or other such cool possibilities. There is always next time, right?

 

[grannygates]

Sorry. I meant they ran out of time day 3 of the hearings. This is all stuff they were covering.
My opinion

This is basically all the stuff that they did cover over the hearing days except for a few small items. In my eyes, they are offering a written summary to the judge with all of their caselaw and legal arguments supporting why they should be allowed to present their defense. If she doesn’t allow them, it makes a clear record in case they need to use it elsewhere.