Abby & Libby - The Delphi Murders - Richard Allen Arrested - #194

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The two motions look nearly identical. I suppose there may be some procedural thing left out of the first that they added to the second. Kind of strange, though.

MOO
correct, 2nd attempt at the motion has additions of paragraphs 11 and 12. Those paragraphs clarify that their request should not affect the state at all because their request is going to a third party who is not a party to this suit and that this will afford them time to then respond to the records received in a way that doesn't require them to ask for a delay of the trial date (MOO)

They are requesting that the prison and other third parties be given less than the standard 30 day response time to give them discovery relating to Dr. Wala. Instead they want those items within 15 days. They need the court's order to accomplish shortening that statutory time frame. JMO
 
Of course.

When can a motion just be a motion?

IMO MOO
for what it's worth, I don't think it is too ridiculous a request, depending on what they are fishing for in the prison records relating to Wala, and whether it is relevant to their case. I do worry that it is just that, a fishing expedition, and IMO the time for that is over. but I am willing to give them the benefit of the doubt until I have a better understanding of what they are trying to glean from their request.
David Schillings

ah hah. And now we know why DT wants to use it and State doesn't want them to.
 
for what it's worth, I don't think it is too ridiculous a request, depending on what they are fishing for in the prison records relating to Wala, and whether it is relevant to their case. I do worry that it is just that, a fishing expedition, and IMO the time for that is over. but I am willing to give them the benefit of the doubt until I have a better understanding of what they are trying to glean from their request.

ah hah. And now we know why DT wants to use it and State doesn't want them to.
DS is a rebuttal witness for the state. They don’t want him to be unnecessarily deposed if the court rules against Odinism being admitted.

JMO
 
found this link on the Twix that is being passed around and contains all the motions filed today:

So NM wants the judge to disallow the defense from deposing people about the Odinism stuff even though they are convinced it's a nothing burger. They are saying the defense is only doing it to annoy and embarrass people.

NM must know the judge is going to allow in the SODDI defense.

Though dost protest too much.

IMO MOO
 
Lol, the State wants to Quash their own witness because he is not relevant? Then why is he a witness? And yes Nick you are obligated to make them available to the defense.

Maybe just the deposition of him, but allow him to still be a witness at trial? Why would this be a thing?

IMO MOO
 
Lol, the State wants to Quash their own witness because he is not relevant? Then why is he a witness? And yes Nick you are obligated to make them available to the defense.
He is an expert witness being called in to rebut the defense’s Odinism expert. If the defense is not allowed to use Odinism as a defense, he becomes irrelevant. The state has asked for the deposition to be held off until there’s a ruling on 3rd party admissibility.

The motion is pretty straightforward IMO.

MOO
 
Summarizing my opinion over the years…

It always was that no one but Abby and Libby knew who slaughtered them in such a horrific and gruesome fashion.

I always felt it had to be a local, though. There are more people in my high rise apartment building in NYC than in the whole town of Delphi. It’s unfathomable to me that an outsider would know about some rickety old bridge which somehow is a place where locals hang out. It doesn’t strike me as an enjoyable place to be, but I grasp that a rural lifestyle is different than mine.

HOWEVER BUT—-miraculously, courageously, Libby recorded the unknown assailant on her phone! Then LE was able to retrieve that phone!

Now there was a framework. Here’s a guy intruding on the girls’ day, commanding them to go DTH, and we can get some outline of who this murderer is; what he looks like, what he’s wearing, how he walks, how he sounds.

Still don’t know who he is, though.

But miracle again, the seemingly mild-mannered clerk from CVS tells LE that you know what, he was on that bridge, too! In the same time frame! Wearing the outfit that passersby described! He also has a strong resemblance to the man that Libby desperately tried to capture on video!

And hey, mild- mannered CVS guy has no alibi for where he was at the time! Except gazing at fish and the stock ticker on his phone, on that same bridge!

He also really really really doesn’t want his home searched! And a bullet from his gun landed serendipitously right betweeen where the girls’ bodies lay!

IMO all this together is very damning. I’ll even omit the part about the 61 confessions.

Is this all circumstantial evidence? Perhaps. But it points an arrow at one person.

Was there a ring of people involved? Sometimes I think so, (due to KAK /Anthony Shots, not heathens), but that does not eliminate RA as the integral person who forced the girls to their deaths.

JMO after all these years. I remember the shock when nice guy, husband and father RA was arrested, but LE knows 100x what the public knows.
I really agree w/your post, but I can't wait to see a whole lot more of the evidence the state has against RA.

I dont consider his confessions reliable. We shall see. Thought KAK (and it still possible?, he is the one that liked young girls) had a role in it. How did RA know Abby & Libby would be on the bridge that day?

Agree, only a local would be familiar with that area. I knew from day one it was a local.

Interesting that the daughter (to my knowledge) remains silent and out of sight. Can't blame her, he is not her person?

But, to be clear, it's so very unfortunate how this has all played out and justice delayed for Abby & Libby. Their families deserved better.

Jmo, at this time.
 
DS is a rebuttal witness for the state. They don’t want him to be unnecessarily deposed if the court rules against Odinism being admitted.

JMO

How kind of NM to be so cognizant and respectful of their time. I think his time is better spent focusing on trial prep than whether or not witnesses may be needlessly put out (or annoyed or embarrassed).

IMO MOO
 
So NM wants the judge to disallow the defense from deposing people about the Odinism stuff even though they are convinced it's a nothing burger. They are saying the defense is only doing it to annoy and embarrass people.

NM must know the judge is going to allow in the SODDI defense.

Though dost protest too much.

IMO MOO
They’re literally only asking for the depositions to be held off until after the court rules on the motion in limine. If the court disallows Odinism, the depositions are irrelevant and pointless.

MOO
 
DS is a rebuttal witness for the state. They don’t want him to be unnecessarily deposed if the court rules against Odinism being admitted.

JMO
yes. Although frankly if the DT wants to waste their short time left before trial deposing a witness that may not be used if the judge rules against the Odinism/heathenry defense that is kind of on them MOO. Similar to the questionnaire that just went out with questions about those topics, both sides need to be prepared to move forward whichever way the judge rules on that.
 
He is an expert witness being called in to rebut the defense’s Odinism expert. If the defense is not allowed to use Odinism as a defense, he becomes irrelevant. The state has asked for the deposition to be held off until there’s a ruling on 3rd party admissibility.

The motion is pretty straightforward IMO.

MOO

Is that what quash means?
 
So the other depositions the state wants delayed until after JG rules are PW, NW, and TL. And the requested delay is only for an approximate week. Doesn't seem unreasonable to want a ruling prior to allowing the deps, but again, if they want to waste their time the state should let them. Although I do understand in essence they would also be wasting the State's time as well if the deps wouldn't even be admissible if JG rules for the State on the 3rd party motive motion.
 
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Is that what quash means?
The prosecution asked the defense to reschedule until after a ruling is made. They declined. Now the prosecution is moving to have the court handle the issue. If Odinism is allowed, the defense is free to subpoena the parties again for deposition.

MOO. Screenshots are from the documents linked upthread.
 

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DS is a rebuttal witness for the state. They don’t want him to be unnecessarily deposed if the court rules against Odinism being admitted.

JMO

Then he should wait until the ruling to file the motions to quash (Except Tobe) which will likely be before the 28th.
 
Section 4 spells out that they asked for defense to wait until The Court has made a ruling on 3rd party motive.

Adobe Acrobat
And the defense said no, as is their right (they all have lives and schedules to coordinate), so the State said "fine, then we'll ask for you not to be allowed to do it at all."

Just let them do it. There is no time to waste!

Maybe this was strategic on NM's part to get JG to get on with issuing her ruling, like this afternoon maybe.

IMO JMO
 

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