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

[AugustWest]

Is it at all possible that the Defense team could ask to be removed?
Can they step down?

Sure, they could ask, but I doubt that they want to or that Judge Gull would grant a withdrawal at this point. It would likely delay the proceedings and would cause "material adverse effect on the interests of the client."

Rules for Withdrawal in IN:

2023 Indiana Code :: Title 35. Criminal Law and Procedure :: Article 36. Pretrial Notices, Motions, and Procedures :: Chapter 8. Omnibus Date, Pretrial Hearing, and Pretrial Conference :: 35-36-8-2. Withdrawal by Counsel; Grounds; Time Limit; Restric

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

Professional Rules for Withdrawal IN:

Rule 1.16 - Declining or Terminating Representation, Ind. R. Prof'l. Cond. 1.16 | Casetext Search + Citator

Read Rule 1.16 - Declining or Terminating Representation, Ind. R. Prof'l. Cond. 1.16, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

 

[Ravenmoon]

Sure, they could ask, but I doubt that they want to or that Judge Gull would grant a withdrawal at this point. It would likely delay the proceedings and would cause "material adverse effect on the interests of the client."

Rules for Withdrawal in IN:

2023 Indiana Code :: Title 35. Criminal Law and Procedure :: Article 36. Pretrial Notices, Motions, and Procedures :: Chapter 8. Omnibus Date, Pretrial Hearing, and Pretrial Conference :: 35-36-8-2. Withdrawal by Counsel; Grounds; Time Limit; Restric

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

Professional Rules for Withdrawal IN:

Rule 1.16 - Declining or Terminating Representation, Ind. R. Prof'l. Cond. 1.16 | Casetext Search + Citator

Read Rule 1.16 - Declining or Terminating Representation, Ind. R. Prof'l. Cond. 1.16, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

Thank you.

Is it reasonable to believe that they will now file for a continuance so that can restructure their defense?

I just wonder where they go from here,?

 

[ClearAhead]

Murder Sheet

The Murder Sheet is a weekly true crime podcast hosted by journalist Áine Cain and attorney Kevin Greenlee. We take a journalistic approach to covefing true crime. We have broken national news on major cases, like the Delphi murders and the Burger Chef murders. We also cover plenty of other...

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Today at 11:32 AM

The Delphi Murders: Odinism Is Out​

Judge Frances Gull ruled against the defense's Odinist theory. What happens now?

 

[Niner]

so.... Just to keep my records/notes straight - there was NO hearing today, 9/4/24 - correct? TIA!
Correct. <modsnip>

Thank you for straightening that out for me!

 

[AugustWest]

Thank you.

Is it reasonable to believe that they will now file for a continuance so that can restructure their defense?

I just wonder where they go from here,?

Today's order, along with the ruling on the confessions, was definitely a blow to their defense. There is no denying that. But the defense has definitely been entertaining all lines of defense, not just third-party culpability or suppression of the confessions. They are not going to simply hang their hat on a chance of a ruling possibly going their way. They would have been planning for this for a long time. They simply lost some tools they hoped to use to show reasonable doubt. They can still argue that RA wasn't the guy in the images, that the forensics are unreliable, etc....

I don't foresee a continuance being granted.

 

[Ravenmoon]

Today's order, along with the ruling on the confessions, was definitely a blow to their defense. There is no denying that. But the defense has definitely been entertaining all lines of defense, not just third-party culpability or suppression of the confessions. They are not going to simply hang their hat on a chance of a ruling possibly going their way. They would have been planning for this for a long time. They simply lost some tools they hoped to use to show reasonable doubt. They can still argue that RA wasn't the guy in the images, that the forensics are unreliable, etc....

I don't foresee a continuance being granted.

Thank you. I really do appreciate you sharing your knowledge and opinions!

 

[tlcya]

just as an FYI, Judges don't keep the court record, timely or otherwise. That is a function of the circuit clerk. JMO IME

 

[Salah11]

It will be so frustrating if they use this to now delay the trial. They should have been preparing for this considering they have absolutely no evidence of any other suspects being on the bridge or in the vicinity.

moo

 

[dkaras]

So, going forward, any speculation on trial tactics from the defense

RSBM
As you said, they can attack the evidence a piece at a time.

They could focus on changing the timeline that has been proposed by the P/LE. If there seriously is no TOD (although I would be surprised if that were true), they could attack that hard. Even without the SODDI stuff.

And it's been mentioned, they could focus on showing that RA is not BG. (Because it seems clear to me that BG is the killer/kidnapper, I don't think they'd have a shot trying to say RA is BG but BG is NOT the perp).

I think these last two would require some kind of alibi from RA, which I'm surprised I've never heard anything about, even something like "I was napping" or "I was driving around". I've always wondered what he initially told his family or lawyers because surely he had to say something. ??

All JMO.

 

[StarryStarryNight]

RSBM
As you said, they can attack the evidence a piece at a time.

They could focus on changing the timeline that has been proposed by the P/LE. If there seriously is no TOD (although I would be surprised if that were true), they could attack that hard. Even without the SODDI stuff.

And it's been mentioned, they could focus on showing that RA is not BG. (Because it seems clear to me that BG is the killer/kidnapper, I don't think they'd have a shot trying to say RA is BG but BG is NOT the perp).

I think these last two would require some kind of alibi from RA, which I'm surprised I've never heard anything about, even something like "I was napping" or "I was driving around". I've always wondered what he initially told his family or lawyers because surely he had to say something. ??

All JMO.

No alibi has ever been offered.

 

[Salah11]

No alibi has ever been offered.

Nope because he doesn’t have one

 

[Megnut]

Nope because he doesn’t have one

Would have liked to be a fly on the wall during his last interview.

IME criminals always struggle with what they're not supposed to know.

I picture LE conversing with RA, getting a rhythm for how he answers factual questions. He DID have an alibi for portions of that day. How well did he recall those? Awaken, shower, dress, breakfast. Phone use. What was he doing at 8 am, 10 am, noon? 5 pm? 7 pm? No details? Too many details? Typical phone usage? Atypical pattern? Airplane mode, off, evidence of user engagement with device? Any gaps? Why?

I suspect eventually we'll learn that his explanations/adjustments had to do with questions asked and the art of presplaining, resplaining.

What time were you there? Witness saw your likeness around 2 pm, victim filmed your likeness at 2:13.

If AW and LG were walking toward the MHB and you were on the platform/path, how did you not see them? Oh, I was looking at my phone, that must be why.

New invention: left at 1:30. Probably got there at noon and left about 1:30.

Okay, where did you go after that? Who saw you? Receipts? Phone confirmation? IME criminals have a hard time making up credible actions and dialogue for black-out periods in their day (cellphone usage).

Did RA work that morning? Work at all that day? When and how did he use his phone? Outside of MHB what verification does he have, to account for the rest of his day?

Does he have a cellphone that puts him on the bridge at ANY time that day?

Does he have a cellphone that confirms accessing a stock ticker at any time that day?

If so, when? If not, why?

Either way, he's boxed in.

JMO

 

[Salah11]

That’s the issue with him admitting he was there at 1.30 in his original statement. Then he changes it when the video comes out, as suddenly they have a timeline for the murders.



Also, why in all those years did he never come forward and check why nobody followed up on him when he placed himself on the bridge at the critical time? Surely, an innocent man would want to help LE consider the case involved the murder of two young girls. That's also suspicious and raises red flags. IMO

 

[FrostedGlass]

just as an FYI, Judges don't keep the court record, timely or otherwise. That is a function of the circuit clerk. JMO IME

Judge Gull didn't sign it until today. The clerk entered it into the CCS today.

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: 09/04/2024

 

[m00c0w]

Judge Gull didn't sign it until today. The clerk entered it into the CCS today.

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: 09/04/2024

What is the order that she signed today?

 

[FrostedGlass]

What is the order that she signed today?

The one that was entered today, which may be from the closed hearing on Friday, August 23, 2024,

 

[Willow Knight]

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

This!!! Right here, right now!

Richard Allen is charged and on trial. Time for Richard Allen to face the music. No more throwing others in front of him and saying look at this bad person. Nope, we want to look at you, Richard Allen, we want to talk and hear evidence about YOU.

Nothing to fear or worry about, tell us why you are innocent.

I believe you ENTERED those trails around 1:30, NOT exited. You saw the group of girls, they saw YOU. You said you were on your cell phone, you gave DD the identification numbers from your cell phone. Show us proof of the time you were on the trails/bridge using your phone to watch stock.

It has been stated you have an excellent defense team. You went to the Supreme Court to keep this excellent defense team, even when the Judge tried to assure you were getting a fair trial. Surely this defense team can prove a simple thing like YOUR cell phone records??

As @girlhasnoname has stated:

TICK TOK

 

[Willow Knight]

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

I took that to mean TK, KAK, and RL were lumped in with the SODDI?

It's hard for me to let go of the Anthony.Shots account. It's the CSAM connection that always kept me going back.
Guess I'll just put this thought on the back burner and wait for trial.

 

[steeltowngirl]

Jury will hear alleged confessions​

Jackson-Lindsay said the judge’s ruling was a significant win for McLeland.

“That's an advantage for the state. There's no question about it,” Jackson-Lindsay told 13News. “Any prosecutor would love to have a confession on a case, and so while it puts the defense in a position to defend something more, it gives the state an extreme advantage in showing, ‘We know we have the right guy because even the guy told you he's the right guy.’”

Richard Allen's lawyers won't be able to present their ritual sacrifice theory to jury at Delphi murders trial

Special Judge Frances Gull also blocked the defense from using the names of several alternate suspects they had put forward.

www.wthr.com

 

[vinayd]

The cheese stands alone. You can beat a dead horse but not an old war horse. Let's get this to trial!