| 08/01/2024 | Order Issued
The Court, having had Defendant's Motion to Vacate Safekeeping Order under advisement following a hearing conducted on July 31, 2024, and having considered all the evidence and arguments of Counsel, now grants the Defendant's Motion to Vacate Safekeeping Order and remands the defendant back to the custody of the Sheriff of Carroll County. Court to notify counsel, the Sheriff of Carroll County, and the Department of Correction of the change of the offender's status.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
08/06/2024 |
| 08/06/2024 | Order Issued
Defendant's appears in person and with counsel Bradley Rozzi, Jennifer Auger, and Andrew Baldwin (for morning session only). State appears by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney Stacey Diener, and Deputy Prosecuting Attorney James Luttrull. Prior to the commencement of the proceedings, defendant withdraws his Motion to Suppress Accused Second Statement. Hearing then conducted on defendant's Motion to Suppress and State's Motion for Admissibility. Matters taken under advisement.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
07/31/2024 |
| 08/06/2024 | Order Issued
Defendant's appears in person and with counsel Bradley Rozzi, Jennifer Auger, and Andrew Baldwin. State appears by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney Stacey Diener, and Deputy Prosecuting Attorney James Luttrull. Hearing held on Defendant's Motion to Vacate Safekeeping Order, Defendant's Motion to Compel and Motion for Sanctions, and Defendant's Second Motion to Dismiss Based Upon Newly Discovered Evidence and/or Missing Exculpatory Or Potentially Useful Evidence. Matters taken under advisement.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
07/30/2024 |
| 08/07/2024 | Automated ENotice Issued to Parties
Order Issued ---- 8/1/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Jennifer Jones Auger;James David Luttrull;Stacey Lynn Diener Order Issued ---- 8/6/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Jennifer Jones Auger;James David Luttrull;Stacey Lynn Diener Order Issued ---- 8/6/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Jennifer Jones Auger;James David Luttrull;Stacey Lynn Diener
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| 08/07/2024 | Order Issued
Defendant appears in person and with Attorneys Bradley Rozzi, Jennifer Auger, and Andrew Baldwin. State by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney Stacey Diener, and Deputy Prosecuting Attorney James Luttrull. Hearing held on State's Motion in Limine and State's Motion for Admissibility. Matters taken under advisement.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
08/01/2024 |
| 08/08/2024 | Automated ENotice Issued to Parties
Order Issued ---- 8/7/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Jennifer Jones Auger;James David Luttrull;Stacey Lynn Diener
|
| 08/08/2024 | Witness and/or Exhibit List Filed
Defendant's Notice of Submission of Supplemental Witness and Exhibit List to the State
Filed By:
Allen, Richard M.
File Stamp:
08/07/2024 |
| 08/08/2024 | Praecipe for Transcript Filed
Praecipe for Transcripts
Filed By:
Allen, Richard M.
File Stamp:
08/07/2024 |
| 08/12/2024 | Hearing Scheduling Activity
Status Hearing scheduled for 08/23/2024 at 1:00 PM.
|
| 08/13/2024 | Order Issued
Court orders this matter set for a status hearing August 23, 2024, at 1:00 p.m. in the Carroll Circuit Court. The first portion of the hearing is closed to the public. The second portion of the haring will be open to the public. Court to notify.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
08/12/2024 |
| 08/13/2024 | Order Issued
The Court, having had Richard Allen's Third Franks Notice and Request for Franks Hearing Based Upon Newly Discovered Evidence and Request for Findings of Facts and Conclusions of Law Upon Any Ruling on This Request (filed March 13, 2024), the State's Response to Defense's 3rd Motion for Franks Hearing (filed April 3, 2024), and the Defense Reply to Prosecution's Response to 3rd Franks Memorandum (filed April 5, 2024) under advisement, now denies the third request for a Franks hearing without hearing. The Court finds the Affidavit submitted in support of the issuance of the search warrant contained information that a reasonable belief existed that evidence of the murders would be found in the defendant's vehicles and home. The Affidavit did not contain false statements, nor did the Affiant omit statutes with reckless disregard. Further, the Court does not find the Affiant intended to mislead the Judge by failing to present relevant information.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
08/12/2024 |
| 08/13/2024 | Order Issued
The Court, having had Defendant's, Richard Allen, Fourth Franks Motion Based on Newly Disclosed Evidence and Request for Hearing (filed April 29, 2024), the State's Response to Defense's 4th Motion for Franks Hearing (filed May 17, 2024), and the Defendant's Reply to State's Response to Defense's 4th Motion for Franks Hearing and Request for Hearing for Reasons Detailed Herein (filed July 23, 2024), now denies same without hearing. The trial court is obligated to conduct a Franks hearing only if the Defendant makes a preliminary showing that the affiant knowingly or intentionally, or with reckless disregard for the truth, included a false statement in the search warrant affidavit and that the allegedly false statement was necessary to a finding of probable cause. The defense has not made such a preliminary showing and therefore, is not entitled to a Franks hearing.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
08/13/2024 |
| 08/13/2024 | Document Filed
Defendant's Supplemental Submission Regarding State's Motion in Limine
Filed By:
Allen, Richard M.
File Stamp:
08/13/2024 |
| 08/14/2024 | Automated ENotice Issued to Parties
Order Issued ---- 8/13/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Jennifer Jones Auger;James David Luttrull;Stacey Lynn Diener Order Issued ---- 8/13/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Jennifer Jones Auger;James David Luttrull;Stacey Lynn Diener Order Issued ---- 8/13/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Jennifer Jones Auger;James David Luttrull;Stacey Lynn Diener
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| 08/15/2024 | Memorandum/Brief Filed
Memorandum of Law in Support of Admission of Evidence of Alternative Theories of the Crime
Filed By:
Allen, Richard M.
File Stamp:
08/15/2024 |
| 08/16/2024 | Order Issued
The Court, having taken defendant's Motion to Compel and Motion for Sanctions under advisement following a hearing conducted July 30, 2024, and having reviewed the submitted exhibits and arguments of counsel, now denies the defendant's Motion to Compel and Motion for Sanctions as the defendant has failed to comply with Trial Rule 26(F) in seeking an informal resolution of discovery disputes; however, the Court will order the State to turn over Sergeant Cecil's report within ten (10) days of date of this order and that any new discovery be provided within seven (7) days of receipt. The Court further orders the parties to exchange a list of trial exhibits by October 1, 2024.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
08/15/2024 |
| 08/16/2024 | Order Issued
The Court, having had the Defendant's Second Motion to Dismiss Based Upon Newly Discovered Destroyed And/or Missing Exculpatory or Potentially Useful Evidence under advisement following a hearing conducted on July 30, 2024, and having reviewed the exhibits submitted and the arguments of counsel now finds that the law is against the defendant. No evidence has been presented to the Court that the State destroyed exculpatory evidence nor that the State acted in bad faith. The defense argues that this alleged exculpatory evidence all relates to one person, Brad Holder. However, no evidence has been presented to support this argument, nor has any evidence been presented to negate the evidence offered by the State which cleared Brad Holder of involvement in these crimes. Defendant's Second Motion to Dismiss is therefore denied as unsupported by the law and the evidence.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
08/15/2024 |
| 08/17/2024 | Automated ENotice Issued to Parties
Order Issued ---- 8/16/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Stacey Lynn Diener;Jennifer Jones Auger;James David Luttrull Order Issued ---- 8/16/2024 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland;Stacey Lynn Diener;Jennifer Jones Auger;James David Luttrull
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| 08/20/2024 | Correspondence to/from Court Filed
E-mail received.
File Stamp:
08/20/2024 |
| 08/22/2024 | Order Issued
This case has generated substantial public interest and media attention. In light of this, and on the Court's own motion to ensure the integrity of the proceedings, to protect the Defendant's constitutional rights for due process, to ensure the safety of the parties and the public, and to permit public access to criminal proceedings, the Court sets forth the following rules and guidelines for the hearing set for Friday, August 23, 2024, in the Carroll Circuit Court. The Courthouse will open at 8:00 a.m. All entrances will be closed, except for the handicapped entrance on the north side of the building. The remaining entrances will be locked with no access to the public. All members of the public, including members of the media, are subject to screening by metal detectors. All bags in possession of those entering the building are subject to search. NO weapons of any kind are permitted in the building, except for on-duty law enforcement officers providing security to the Courthouse and the parties. Cellular telephones are permitted in the building, but must be powered OFF and unused at all times while in the building or the Courtrooms. Violations are subject to seizure and destruction of the cellular telephone. No electronic equipment or devices are permitted in the Carroll Circuit Court. The first portion of the hearing will be closed to the public and the media by agreement of counsel and the Court. The Court will declare a recess at the conclusion of the closed hearing. The Court will then reconvene in open court at the end of the recess. This portion of the hearing will be open to the public and the media. Media personnel are permitted to attend the Court session. NO cameras, electronics, lap tops or recording equipment of any kind is permitted in the Carroll Circuit Courtroom. The Court requests the media be mindful that other County offices are conducting business in the building unrelated to this case. Media and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the offices, personnel, and patrons of those offices. The Media are free to use the public areas outside the Courthouse as long as they do not obstruct traffic in the streets and sidewalks surrounding the Courthouse. Seating in the Carroll Circuit Court is limited. The first row of public seats behind the bar separating the well of the courtroom from the public is unavailable for seating. The Sheriff of Carroll County or his designee will ensure that the victim representatives and defendant's family are seated. The remaining seating is available until full. No one, other than Court Security, will be permitted to stand in the Courtroom. All spectators must remain seated until the conclusion of the hearings and the parties have left the Courtroom. No food or beverages are permitted inside the Carroll Circuit Court. Water will be permitted for the parties in the well of the Courtroom. All members of the public and the media are required to follow directives of the Sheriff of Carroll County, Courthouse Security and Courtroom Security. NO court-produced recording will be made available to the public or media. The audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposes other than perpetuating the record. The Court anticipates that all members of the public and the media will conduct themselves in an appropriate fashion. Any violation of this Order and any conduct the Court finds disruptive of the proceedings may result in an order of temporary or permanent exclusion from the Courtroom and/or Courthouse and is punishable as contempt of Court.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
08/22/2024 |
| 08/23/2024 | Status Hearing
Session:
08/23/2024 1:00 PM, Judicial Officer: Gull, Frances -SJ |
