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

[TTF14]

Like I said before-eating feces is nothing, if you're trying to avoid the death penalty by claiming insanity!!!

I disagree. Smearing, MAYBE. Eating? Nah.

If he was going for an insanity defense, he wouldn't have gotten better when he was moved out of Westville. IMO

IMO MOO

 

[TTF14]

So - just got back from vacation - and wanted to make sure that there IS NO NEXT hearing date - correct?? TIA!

I would like to make a request - if you - anyone here- post from the Docket - could you please "tag" me! TIA!

Will do, @Niner. Thanks for all you do!

 

[sunshineray]

I disagree. Smearing, MAYBE. Eating? Nah.

If he was going for an insanity defense, he wouldn't have gotten better when he was moved out of Westville. IMO

IMO MOO

According to Dr. W he got better while in Westville, while in solitary. The warden testified to the same. He started eating, sleeping and exercising again. All before the move to county jail, where it looks like he's still being held in solitary...and looking so much better for it, apparently. Maybe he was faking all those outrageous behaviors right from the start? JMO

 

[TTF14]

According to Dr. W he got better while in Westville, while in solitary. The warden testified to the same. He started eating, sleeping and exercising again. All before the move to county jail, where it looks like he's still being held in solitary...and looking so much better for it, apparently. Maybe he was faking all those outrageous behaviors right from the start? JMO

I'll wait for the actual transcripts to see what was said, not rely on a one-sided podcast's interpretation/spin. But thank you.

IMO MOO

 

[TTF14]

 

[Megnut]

There we have. Puts those issues rightfully out to pasture.

Time for RA to face the jury of his peers on the merits of this case.

JMO

 

[sunshineray]

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:

 

[sunshineray]

09/04/2024

Order Issued Defendant appears with Attorneys Bradley Rozzi and Jennifer Auger. State appears by Prosecuting Attorney Nicholas McLeland and Deputy Prosecuting Attorney Stacey Diener. Closed status hearing conducted and concluded. 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

 

[Tealgrove]

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:

Well, there we have it.

 

[sunshineray]

Well, there we have it.

So one cruious thing I noticed, TK, KAK and RL were lumped in with the Odinists!?

 

[ClearAhead]

There we have. Puts those issues rightfully out to pasture.

Time for RA to face the jury of his peers on the merits of this case.

JMO

Yes NM did well by asking each of the D’s witnesses/investigators, one after another, if they able to place the POI in mention at the crime scene at the time the murders took place. Each answered NO. The writing was on the wall the Judge was going to rule against the D’s SODDI theory built upon “speculation, conjecture, rumours and hearsay, rather than admissible evidence”. At the end of the day, a big waste of time.

Now comes the trial, the important question being did RA do it or not.

JMO and MOO

 

[Tealgrove]

So one cruious thing I noticed, TK, KAK and RL were lumped in with the Odinists!?

I saw that too.

It is curious.

 

[snarast]

Finally…

 

[Tealgrove]

I’m self reporting this post to get clarification from the Mods as to what may or may not be discussed now in light of Judge Gull’s ruling.

A lot of names have been thrown around so I think it’s important that we know how to move forward.

 

[ClearAhead]

So one cruious thing I noticed, TK, KAK and RL were lumped in with the Odinists!?

I think they are all names and terminology on the list submitted by the P which they asked to be disallowed. Notice the comma division which indicates the sequential names. JMO

 

[sunshineray]

Yes NM did well by asking each of the D’s witnesses/investigators, one after another, if they able to place the POI in mention at the crime scene at the time the murders took place. Each answered NO. The writing was on the wall the Judge was going to rule against the D’s SODDI theory built upon “speculation, conjecture, rumours and hearsay, rather than admissible evidence”. At the end of the day, a big waste of time.

Now comes the trial, the important question being did RA do it or not.

JMO and MOO

And we'll be able to hear what RA himself has had to say about that as his confessions and incriminating statements are admissible.

 

[ClearAhead]

And we'll be able to hear what RA himself has had to say about that as his confessions and incriminating statements are admissible.

Might be a short trial.

 

[Tealgrove]

Might be a short trial.

Let’s hope so.

 

[Niner]

Will do, @Niner. Thanks for all you do!

Your quite welcome...

Okay - from my notes - I beieve I covered most of them - except for that last one - did Judge Gull rule on that one yet - TIA!

Judge Gull will hold hearings in Carroll County on Tuesday, Wednesday & Thursday. She’s scheduled to hear multiple motions over the course of the three days:
*State’s Motion for Admissibility (filed May 6, 2024) [Under Advisement/8/1/24] [Granted on 8/28/24]
*Defense Motion to Suppress Second Statement (filed April 15, 2024) [Under Advisement/7/31/24] [Denied on 8/28/24]
*State’s Objection to Defendant’s Motion to Suppress (filed April 15, 2024) [Under Advisement/7/31/24] [Granted on 8/28/24]
*Defendant’s Motion to Compel & Motion for Sanctions (filed April 23, 2024) [Under Advisement/7/30/24]. [Denied on 8/15/24].
*Defendant’s Motion to Vacate Safekeeping Order (filed May 13, 2024) [Under Advisement/7/30/24]. 8/1/24: Order to vacate granted by Judge.
*State’s Motion in Limine (filed April 28, 2024) [Under Advisement/8/1/24]. [Granted & denied in part on 9/4/24].
*Defense Response to State’s Motion in Limine [Under Advisement/8/1/24] [Granted & denied in part on 9/4/24].
*Defendant’s Second Motion to Dismiss (filed May 20, 2024) [Under Advisement/7/30/24/withdrawn by defense/7/31/24] [Denied on 8/15/24].
*State’s Response to Defendant’s Second Motion to Dismiss (filed June 9, 2024) [Under Advisement/7/31/24]

 

[Tealgrove]

It will be interesting to see where the DT goes from here.

Search Warrant stands.
Confessions are in.
SODDI (Odinism Theory) is out.

What’s next?