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

[sunshineray]

ETA this is a pdf download so not what you asked for. Leaving it stand as it’s easy to download though.

Yes thank you steeltowngirl, that's the pdf download link for Harshman, I guess his transcript is not published on scribd site yet?

 

[ClearAhead]

I never said S&L filed a Franks Memo and it's a moot point to what I did say.
I said the judge was willing to set a hearing, which was what you quoted.

I have asked why she would be willing to set a Franks hearing for S&L but not for B&R.

A Franks Hearing isn’t automatically granted to the D simply upon filing a motion asking for one. First it had to be determined the grounds for the request are justified, a two step process. Possibly this occurred during a closed hearing?

 

[sunshineray]

That's a dead link. It appears that you linked to the page that contained the link and that page is no longer there.

I click on it and it brings me right to the pdf of Harshman's testimony? What does it do when you click on it?

 

[Vern]

Transcripts purchased and made available for downloading are downloaded from here for ease of access (via pdf files):

https://drive.google.com/drive/folders/1Yf2C4gD7dW4fXmUVyXlGaBEHas3yAAP

I attach those transcripts uploaded so far:

 

[sunshineray]

Transcripts purchased and made available for downloading are downloaded from here for ease of access (via pdf files):

https://drive.google.com/drive/folders/1Yf2C4gD7dW4fXmUVyXlGaBEHas3yAAP

I attach those transcripts uploaded so far:

Thanks Vern!!

 

[ClearAhead]

His wife and mother gave him the cold shoulder and refused to communicate with him? Please cite your source.

Day 3 Harshman transcrpt answers your query.

 

[steeltowngirl]

Transcripts purchased and made available for downloading are downloaded from here for ease of access (via pdf files):

https://drive.google.com/drive/folders/1Yf2C4gD7dW4fXmUVyXlGaBEHas3yAAP

I attach those transcripts uploaded so far:

Thank you for this @Vern. I’ve copied over to the media thread too.

 

[Cyber sleuth]

I never said S&L filed a Franks Memo and it's a moot point to what I did say.
I said the judge was willing to set a hearing, which was what you quoted.

I have asked why she would be willing to set a Franks hearing for S&L but not for B&R.

My opinion is she would have been willing to set a Frank’s hearing for B&R as well lf they had filed a Franks memorandum based on any merit of law or evidence. Perhaps none exists in this case.
I believe if S&L had filed a misleading garbage
PR fluff they also would have had their motion denied without hearing.
There was no guarantee/promise in her statement above. Just regular legal language.
We will never know if S&L would have found a legal basis to file a Franks motion, much less if the judge would hold a hearing. I sincerely doubt it because the basis for probable cause was met IMO.
S&L were removed when B&R were reinstated and they continued to file the same Franks memorandum 3 more times IMO. I would speculate that if there was another angle to attack the PCA it would have been prudent for B&R to do so instead of the rinse and repeat strategy they chose.
They were the lawyers of RA’s choice after all.

 

[mrjitty]

I never said S&L filed a Franks Memo and it's a moot point to what I did say.
I said the judge was willing to set a hearing, which was what you quoted.

I have asked why she would be willing to set a Franks hearing for S&L but not for B&R.

IIRC she also talked about scheduling a hearing on Franks during the infamous in chambers hearing where she suggested they withdraw?

My wild speculation is during the long pause in the case, she simply went through all the filed exhibits / depositions etc and realised factually it was without merit. After all, there would not have been witnesses called at any hearing - it depended 100% on what was said in the affidavit vs the witness statements.

So if the defence did not clear that factual hurdle, then there was no need for a hearing to argue about the implications from a legal perspective

My speculation only.

 

[photographer4]

Wouldn’t this be excuses RA’s defense should’ve been presenting to the court if they had any merit? As the D didn’t, neither disclosure nor medications were a suspected cause for his confessions. (Of note, only mention of anything significant preceding his confessions was he had found religion.) The D blamed the confessions on his incarceration and suggested it should be considered coercion by the state. The Judge disagreed and ruled the confessions are in.

Judge rules accused Delphi killer Richard Allen's alleged confessions can be used as trial evidence

A judge ruled multiple confessions that Richard Allen allegedly made in the murders of Abby Williams and Libby German in 2017 can be used as evidence at trial.

abc7chicago.com

“The statements given by the defendant were unsolicited by any of the individuals and were voluntarily given without coercion or interrogation," Special Judge Fran Gull wrote in the ruling. "The evidence shows he specifically sought out the Warden by written communication he initiated, and verbal statements he offered to the guards, inmates, mental health professionals, and medical personnel."

What (if anything) preceded him finding god?

 

[mrjitty]

My opinion is she would have been willing to set a Frank’s hearing for B&R as well lf they had filed a Franks memorandum based on any merit of law or evidence. Perhaps none exists in this case.
I believe if S&L had filed a misleading garbage
PR fluff they also would have had their motion denied without hearing.
There was no guarantee/promise in her statement above. Just regular legal language.
We will never know if S&L would have found a legal basis to file a Franks motion, much less if the judge would hold a hearing. I sincerely doubt it because the basis for probable cause was met IMO.
S&L were removed when B&R were reinstated and they continued to file the same Franks memorandum 3 more times IMO. I would speculate that if there was another angle to attack the PCA it would have been prudent for B&R to do so instead of the rinse and repeat strategy they chose.
They were the lawyers of RA’s choice after all.

The judge literally ruled there was no misrepresentation. I don't really understand the contention that she is wrong about that - it's going to come out at trial, so if the PCA did in fact contain a misstatement, why wouldn't she just say so?

If she really is biased like the D claimed, she could have just noted the misstatement, and then ruled against the defence on the merits.

It would of course be good if the judge authored proper opinions for this exact reason - MOO

 

[Cyber sleuth]

IIRC she also talked about scheduling a hearing on Franks during the infamous in chambers hearing where she suggested they withdraw?

My wild speculation is during the long pause in the case, she simply went through all the filed exhibits / depositions etc and realised factually it was without merit. After all, there would not have been witnesses called at any hearing - it depended 100% on what was said in the affidavit vs the witness statements.

So if the defence did not clear that factual hurdle, then there was no need for a hearing to argue about the implications from a legal perspective

My speculation only.

You are correct. She did bring up scheduling the Frank’s hearing during the in chambers meeting with B&R.
Unfortunately, upon review; the lengthy franks was light on legal merit.
All my opinion

 

[tlcya]

His wife and mother gave him the cold shoulder and refused to communicate with him? Please cite your source.

“Investigators had the phone call transcribed and the transcription confirms that Richard M. Allen admits that he committed the murders of Abigail Williams and Liberty German.”

Mr Allen’s wife abruptly ended the phone call following her husband’s confession, the documents state.

Delphi murders suspect Richard Allen ‘confessed in jailhouse phone call with wife’

Trove of court documents also reveals Libby and Abby are believed to have been killed with a knife and that some items of their clothing was missing from the crime scene

www.the-independent.com

The most shocking of Wednesday revelations is prosecutors’ claim in an April 20 filing that Allen “admitted that he committed the offenses that he is charged with no less than five times while talking to his wife and his mother on the public jail phones available at the Indiana Department of Corrections.”

Newly released documents claim Richard Allen confessed to Delphi Murders 'no less than 5 times' in jailhouse call

In newly released court documents, prosecutors claim that Richard Allen confessed to the murders of Abby Williams and Libby German at least five times while on the phone with his wife and mom.

lawandcrime.com

Such testimony included Allen allegedly confessing to the murders directly to his wife and mom who reportedly refused to hear him out, telling him to "stop talking about it."

Delphi murders suspect 'won't opt for plea deal' after cult defense ban

ACCUSED Delphi killer Richard Allen now has a towering mountain to climb that may be too steep to summit after his cult conspiracy defense was prohibited from being shared in court, two experts say…

www.the-sun.com

 

[Trebor5591]

So in his confessions he admits Motive for the murders. Also why he delayed confessing to the crimes.

Ricky’s mum very upset first time he confessed to the crime and then they started to control the narrative and was telling him to stop confessing it seems.

Page 11 and 12

Adobe Acrobat

acrobat.adobe.com

I read the document and nowhere is it revealed what Allen's motive was in killing the girls. Detective Harshman asserts that Allen discussed his motives, but he does not say what those motivations were, or in which specific conversations that occurred.

Like everyone, I want to know more details but it looks like we will all have to wait for the trial.

 

[TTF14]

I read the document and nowhere is it revealed what Allen's motive was in killing the girls. Detective Harshman asserts that Allen discussed his motives, but he does not say what those motivations were, or in which specific conversations that occurred.

Like everyone, I want to know more details but it looks like we will all have to wait for the trial.

Without the benefit/allowance of leading questions in the actual trial, I think the jury will be less-than-impressed by all these "confessions."

Do we know if the State has tried yet to get Dr. Wala banned from testifying?

IMO MOO

 

[TTF14]

What’s the reason that people online believe RA is innocent, aside from theories the judge has already ruled on which won’t be presented at trial?

It’s difficult to predict if his defense even has a plan any more.

MOO

I can't answer that question, but just because the judge has issued her opinion about the theories doesn't make them any less believable to people who have believed them all along, I would imagine. She has said they can't come into the trial, but that ruling doesn't make it FACT that they are false.

IMO MOO

 

[Vern]

I read the document and nowhere is it revealed what Allen's motive was in killing the girls. Detective Harshman asserts that Allen discussed his motives, but he does not say what those motivations were, or in which specific conversations that occurred.

Like everyone, I want to know more details but it looks like we will all have to wait for the trial.

IMO of course he doesn't testify to what Allen stated "was the motive" --- that is exactly the kind of item that is kept for trial.

Abby and Libby will have their day(s) in court soon. Thankfully. Finally.

 

[ClearAhead]

What (if anything) preceded him finding god?

I didn’t write that. Finding god preceded his confessions. Harshman testified about that quite extensively.

 

[mrjitty]

You are correct. She did bring up scheduling the Frank’s hearing during the in chambers meeting with B&R.
Unfortunately, upon review; the lengthy franks was light on legal merit.
All my opinion

She pretty clearly stated that there was no misleading or any false statement - so they failed on the facts IMO. Without that there was never going to be a hearing. MOO

In Gull’s ruling regarding the Franks Hearing, she said “The Court finds the Affidavit submitted in support of the issuance of the search warrant contained information that a reasonable belief existed that evidence of the murders would be found in the defendant’s home and vehicles. The Court does not find that the Affidavit submitted false statements or that the Affiant omitted statements with reckless disregard, nor does the Court find that the Affiant intended to mislead the Judge by failing to present information. As the Court has found the Affidavit for issuance of the search warrant was valid, the search itself was reasonable and legal under Indiana law and Fourth Amendment case law.”

Judge in Delphi murders case hands down multiple rulings

The special judge in the Delphi double murders case handed down several rulings Monday. Judge Francis Gull denied Richard Allen's motions.

www.wishtv.com

 

[TTF14]

ETA this is a pdf download so not what you asked for. Leaving it stand as it’s easy to download though.

Adobe Acrobat

acrobat.adobe.com

I'm trying to find the document/transcript where RA said/confessed he might have killed Abby. I think I read it here yesterday, but it's not in this one. Anyone know where to look?