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

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That’s right and it’s not the fault of RA’s attourneys if they have no defense, however much they enjoyed the attention given to them by SM and MSM.

Their options were very limited. It was RA who shut the door on that, initially by coming forward to LE and placing himself on the bridge in case anyone remembered seeing him, then later by confessing to anyone who’d listen. Libby has nailed the door shut with her video IMO. The D has nothing left. They can’t blame the murders on mental illness because RA knew the difference between right and wrong by claiming he didn’t see the girls, essentially lying to cover up the murders and cleaning up afterward. JMO and MOO
Something else to note about him coming forward is sometimes the perp comes forward to be helpful as a way to insert themselves. I recall at one press conference it being said "you want to know what we know and one day you will"

I really do wonder if RA never needed to offend again because he was getting something out of the fact he lived right there and saw how his crime impacted the town.. he hid in plain sight fully able to watch what was going on.. what people were saying.. He could walk on those trails and relive this crime any time he wanted.

I wonder if part of him feels relived he is caught. I don't know how long it would have been before the urge would get to be too much or something would trigger him and whatever caused him to do what he did on Feb 13, 2017 might have came up again.
 
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:

Professional Rules for Withdrawal IN:
 
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:

Professional Rules for Withdrawal IN:


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 at 11:32 AM

The Delphi Murders: Odinism Is Out

Judge Frances Gull ruled against the defense's Odinist theory. What happens now?
 
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! :)
 
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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.
 
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!
 
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
 
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.
 
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.
 
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
 
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
 
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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.
09/04/2024Order 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
 
Judge Gull didn't sign it until today. The clerk entered it into the CCS today.
09/04/2024Order 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?
 

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