Abby & Libby - The Delphi Murders - Richard Allen Arrested - #195

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Your reply to the OP in regards to RA possibly confessing to his attorney's.....

That is why I personally could never be a defense attorney. If someone told me that they did what was done to those girls, I could never defend that. Let alone try to blame others for it that you know had nothing at all to do with it.
Speaking of confessing to your attorney...

There was an interesting suggestion on the latest TMS Podcast, I just listened to entitled "The Confessions Are In". Well not even a suggestion more of a wild guess concerning the perplexing (to me) issue of why RA's lawyers did not try to argued psychosis, in battling the confessions being admitted. They've not to date had him evaluated for his competency to willingly and rationally confess. They've just said it was all these things, done to him, that effected him negatively and that's why we shouldn't believe ANY of his confessions. Throw them all out.

If they believe he in fact was suffering from psychosis, brought on by his conditions, that would seem a logical way to argue away his confessions from being admitted, have him evaluated to protect his rights and mental health. RA's lawyers have done none of that.

The wild guess as to why they didn't argue their client's psychosis would be if their client had admitted to his lawyers he was faking it. Now remember Dr. W did say at the hearings, along with mentioning RA's possible psychosis, that there were other times that she felt RA was not being truthful with her about his condition.

If RA did tell his attorneys he was in fact not being truthful about his mental health condition, his attorneys could not then legally tell the court that RA was suffering from psychosis when he confessed because their client had told them he was faking it.

Just an interesting possibility with room for plenty of discussion. Here's TMS episode link if anyone would like to listen...

 
RA isn’t innocent. The man doesn’t even have an alibi for the time of the murder. That's quite telling when you weigh up all the other things pointing towards his guilt.
Especially since he himself put himself on the trails from 1:30 to 3:30 AND his presence was corroborated by the girls who saw him and he admits to seeing. Quite telling indeed, MO
 
What would be the purpose? The prosecution already know what all the discovery is.

Or do you mean they are trying to keep their trial strategy on the DL?
How do you know that the prosecution knows all the defense has at this point. Remember their ex parte filings?

Yes, I do believe we have not seen all they have.

Discovery is still coming in from both sides:
08/30/2024Order Granting
Order granting Motion for Order to Shorten Discovery Response Period
Judicial Officer: Gull, Frances -SJ
08/30/2024Order Granting
Order granting Second Motion for Order to Shorten Discovery Response Period
Judicial Officer: Gull, Frances -SJ
 
How do you know that the prosecution knows all the defense has at this point. Remember their ex parte filings?

Yes, I do believe we have not seen all they have.

Discovery is still coming in from both sides:
08/30/2024Order Granting
Order granting Motion for Order to Shorten Discovery Response Period
Judicial Officer: Gull, Frances -SJ
08/30/2024Order Granting
Order granting Second Motion for Order to Shorten Discovery Response Period
Judicial Officer: Gull, Frances -SJ

Sure. 6 weeks before trial, they'll be discovering their expert evidence in both directions for example.

But as a general principal, we don't have trial by ambush. Neither side has bombshell evidence they are keeping secret until trial. It could be secret from the public of course.

Especially it wouldn't make sense to hold back critical evidence from the pre-trial hearings on critical topics like 3rd party suspects and confessions and then get adverse rulings from the Judge.

I am at a bit of a loss to understand what you are theorising here ...

Do you think the D has a new 3rd party suspect?

MOO
 
Sure. 6 weeks before trial, they'll be discovering their expert evidence in both directions for example.

But as a general principal, we don't have trial by ambush. Neither side has bombshell evidence they are keeping secret until trial. It could be secret from the public of course.

Especially it wouldn't make sense to hold back critical evidence from the pre-trial hearings on critical topics like 3rd party suspects and confessions and then get adverse rulings from the Judge.

I am at a bit of a loss to understand what you are theorising here ...

Do you think the D has a new 3rd party suspect?

MOO
Bolded by me....This is what I've been saying all along, and what I've been waiting for. I'm done with the lobbing of accusations, where's the other murderer(s) here?
 
Sure. 6 weeks before trial, they'll be discovering their expert evidence in both directions for example.

But as a general principal, we don't have trial by ambush. Neither side has bombshell evidence they are keeping secret until trial. It could be secret from the public of course.

Especially it wouldn't make sense to hold back critical evidence from the pre-trial hearings on critical topics like 3rd party suspects and confessions and then get adverse rulings from the Judge.

I am at a bit of a loss to understand what you are theorising here ...

Do you think the D has a new 3rd party suspect?

MOO
I have no idea what the B&R strategy is but they are savvy and have a pretty good idea of how this judge rules and why. Does that play into their pre-trial hearings? I don't know.

Theories went out the window a long time ago. I have none.
 
Speaking of confessing to your attorney...

There was an interesting suggestion on the latest TMS Podcast, I just listened to entitled "The Confessions Are In". Well not even a suggestion more of a wild guess concerning the perplexing (to me) issue of why RA's lawyers did not try to argued psychosis, in battling the confessions being admitted. They've not to date had him evaluated for his competency to willingly and rationally confess. They've just said it was all these things, done to him, that effected him negatively and that's why we shouldn't believe ANY of his confessions. Throw them all out.

If they believe he in fact was suffering from psychosis, brought on by his conditions, that would seem a logical way to argue away his confessions from being admitted, have him evaluated to protect his rights and mental health. RA's lawyers have done none of that.

The wild guess as to why they didn't argue their client's psychosis would be if their client had admitted to his lawyers he was faking it. Now remember Dr. W did say at the hearings, along with mentioning RA's possible psychosis, that there were other times that she felt RA was not being truthful with her about his condition.

If RA did tell his attorneys he was in fact not being truthful about his mental health condition, his attorneys could not then legally tell the court that RA was suffering from psychosis when he confessed because their client had told them he was faking it.

Just an interesting possibility with room for plenty of discussion. Here's TMS episode link if anyone would like to listen...


Very interesting theory. I like the logic in that.
 

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