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MOD NOTE: After consultation with the mod/admin team:
09/04/2024 Order Issued
The Court, having had the State's Motion in Limine under advisement following a hearing conducted on August 1, 2024, and having heard and considered the evidence, admitted exhibits, arguments of counsel, Defendant's Supplemental Submission Regarding State's Motion in Limine (filed August 13, 2024), and the State's Response to Defendant's Memorandum of Law (filed August 26, 2024), grants paragraphs 1 through 6, over defendant's objection, and grants paragraphs 8 through 12 over defendant's objection. As it relates to paragraph 7, the burden is on the defendant to show a nexus between Odinism, cult or ritualistic killing, Brad Holder, Patrick Westfall, Johnny Messer, Elvis Fields, Ned Smith, Rod Abrahms, Kegan Kline, Jerry Kline, Ron Logan and the murders of the two victims. The case law is quite clear that the nexus must not be based on speculation, conjecture, rumors, or hearsay, but rather on admissible evidence. The Court finds the defense has failed to produce admissible evidence demonstrating a nexus between Odinism, cult or ritualistic killing, Brad Holder, Patrick Westfall, Johnny Messer, Elvis Fields, Ned Smith, Rod Abrahms, Kegan Kline, Jerry Kline, Ron Logan and the murders. Therefore, the Court grants paragraph 7 of the State's Motion in Limine over defendant's objection. The Court will not permit the evidence submitted by the defense in support of their arguments regarding third-party perpetrators in the trial of this cause as the probative value of such evidence is greatly outweighed by confusion of the issues and its potential to mislead the jury. The Court will allow that evidence to support an offer of proof at the trial if one is made by Counsel. Jury selection will commence in Allen Superior Court October 14, 2024, with trial commencing in the Carroll Circuit Court, concluding November 15, 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:
"The case law is quite clear that the nexus must not be based on speculation, conjecture, rumors, or hearsay, but rather on admissible evidence. The Court finds the defense has failed to produce admissible evidence demonstrating a nexus between Odinism, cult or ritualistic killing, Brad Holder, Patrick Westfall, Johnny Messer, Elvis Fields, Ned Smith, Rod Abrahms, Kegan Kline, Jerry Kline, Ron Logan and the murders."
Now that we know the Court has not seen any "admissible evidence" in that regard, this equates to / aligns with WS policy that speculation must be based on some "known fact". Therefore, speculation on those individuals is off limits.
ETA: This includes general discussion of Odinism.