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

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This is a good read, IMO

Psychiatric Effects of Solitary Confinement
The author, Dr. Grassian, is a Board Certified Psychiatrist who was on the faculty of the Harvard Medical School for over twenty-five years.
Yes, but technically, RA was not really in solitary confinement.

I have never heard of those in 'solitary' having a personal wifi tablet that they could make calls to home and friends and could listen to music and watch films and read books on. That does not sound very isolated.

I have never heard of someone in 'solitary' have trustee companions standing right at their door, to make sure they don'y self harm.

I have never heard of a prisoner in 'solitary' having a face to face visit with their psychologist every single day.
 
Thanks, @AugustWest for the linked local rules.

Do you think this Motion was really necessary given the Judge previously ruled she would leave the option open for the defense to again, present an offer of proof during the trial for consideration --i.e., third party/alternate evidence. Seems to me that the defense was never in fear that their right to appeal was somehow threatened or being forfeited. Or is the defense just very desperate to bypass Judge Gull? Thanks again.
Yes, the motion was necessary, as if not filed now, the defense would forfeit the ability to raise either the issue of third party culpability or suppression of exclusion of confessions on appeal.
 
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Do ya think we'll hear RA'S own voice admitting he murdered these girls? Will they play that at trial, and release that actual voice recording to the public? Imagine!
I think the prosecution absolutely wants to do that. I have heard cases where phone calls from jail were played in court as evidence against the defendant. I am pretty sure the D will fight like heck to try and prevent that but I think there's a good chance that at least some of those confessions will be heard at trial. IMO

ETA: If I remember correctly, they used recorded calls against Patrick Frazee. And also had death threats against witnesses, in which he tried to convince other inmates to kill some witnesses when they were released---and he wrote these requests on toilet paper which said 'flush this when done reading" ---'but someone turned it in...lol
 
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In early March RA began reading the bible, then on March 21st he begins to say he has found God and Jesus Christ. then in early April, RA's behavior begins to change drastically as described by Dr. Wala and her testimony which is discussed and linked upthread. Early April is also coincidentally when RA received his discovery. But I find it interesting to note that the discovery of a relationship with God and Christ occurred prior to his receipt of discovery. So in my mind, the discovery had nothing to do with his decision to explore his faith. JMO his own guilty conscious did that.

For those who opine that the discovery could have caused him to confess and that the mere trauma of seeing the discovery made him do it, that rings false to me.

He found God first. THEN saw discovery. THEN began confessing to literally anybody he thought might listen. That is not trauma. That is guilt JMO IMO

(per Harshman testimony on July 31) page 9 line 21 thru page 10 line 7

So I’ve been able to – I feel I’ve been able to pattern his
conversations and what’s going on in his world just by the simple fact of the
amount of time that I’ve spent listening to the conversations; and one of the
things that I noticed was, early in March, Mr. Allen began to become involved in
reading a Bible, and as such, he proclaimed numerous times that on March 21st,
2023, he found Jesus Christ and he found God. Some of those – that statement
was followed up by some calls where Mr. Allen clearly believes that – he made
statements that, you know, he may very likely not be his with family again in
this lifetime, he was concerned and what he wanted to make sure is that if –
when they were in Heaven together – that when they went to Heaven, he could
go to Heaven, too. And it was interesting, because that change of his demeanor
really began to coincide with just several days later the confessions starting.
Snipped by me for focus...

"And it was interesting, because that change of his demeanor really began to coincide with just several days later the confessions starting."

And mostly noteworthy to me is "just several days later the confessions started"...So calculating from March 21st "several days", confessions started well before the April dropoff of discovery.

There are theories floating around that discovery documents, guards, companion inmates, Dr W or RA's attorneys/staff told him the details he included in his confessions and that somehow invalidates those confessions. Next we'll hear about the number of key sets for RA's documents locker and the people who had access to them being under suspicion.

It's just amazing throughout this case how many people have wanted to frame this average CVS working dad/husband who's never been in trouble with the law before. And there was no immediate rush to judgement on him either. RA just has to be the most unluckiest average Joe I've ever heard of and he even obliged them all by confessing 60+ times. AJMO
 
I'm not implying it was done secretly. I thought I remembered this was procedure because of certain types of drugs being smuggled in on paper.
And your theory from that would be what? Whomever copied them then what? Somehow the info got back to RA and that's why he was able to give details in his confessions, not because he'd lived those details on Feburary 13, 2017?
 
Busy afternoon at the Court Clerk's office:

09/09/2024Motion to Shorten Time Filed
Third Motion for Order to Shorten Discovery Response Period
Filed By:
Allen, Richard M.
File Stamp:
09/09/2024
09/09/2024Motion to Certify Interlocutory Order for Appeal Filed
Motion for Court to Certify Court Order for Interlocutory Appeal
Filed By:
Allen, Richard M.
File Stamp:
09/09/2024
Not surprised to see these, was actually waiting on them especially the Motion for IA. IMO, this Defense is still not prepared for trial.

For all of us IANAL's:

interlocutory appeals​

The term “interlocutory” is used to indicate a lack of finality. An interlocutory appeal is an appeal of a non-final order issued during the course of litigation.
The collateral order doctrine sets forth the rules for such appeals. Interlocutory appeals are extremely rare, and a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible:
  1. The order must have conclusively determined the disputed question;
  2. The order must “resolve an issue completely separate from the merits of the action”;
  3. The order must be “effectively unreviewable on appeal from a final judgment.”
I'm thinking these will be denied, but could push the trial date back if not. JMO

interlocutory appeal
 
I think the important issue is that a box of discovery, big or small, was sent to RA in prison. He was left to go through it all by himself, by his idiot lawyers.
This was discussed at the hearing last summer about the motion the defense filed claiming RA was being treated like a prisoner of war. Their intern testified that he took the discovery to RA. He said nothing about going over it with him. The defense attys apparently never did…it was too far to drive.
Right, that was the Easter holiday weekend, maybe R&B had big plans? The intern allegedly dropped off the box of documents (approx 1,000 pages) at the main reception area.

IIRC, the prison staff was not sure how or when to deliver these documents to RA. It was said they tried to reach R&B to find that out. The fact that such distressing and highly confidential information for RA would be dropped off with little or no instruction is another beyond poor decision by this D Team, but typical of their behavior during this entire case.

JMO
 
“Allen’s jury trial is currently slated to begin on Oct. 14, with jurors being pulled from Allen County and transported to Carroll County for the trial. This start date may very well be in jeopardy pending a potential decision by the Indiana Court of Appeals.”

Another stall tactic by the Defense because THEY ARE NOT ready.

As I understand it, Judge Gull can deny the Motion outright. The D could then try and have it pushed to the Appellate Court for an opinion, but I don't think they will overturn Judge Gull's decision and they will deny it also.

I'm not too concerned about this, but I am also in a circus world with this case so anything is possible I guess.

EBM: Appellate Court not SCOIN

JMO
 
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Another stall tactic by the Defense because THEY ARE NOT ready.

As I understand it, Judge Gull can deny the Motion outright. The D could then try and have it pushed to the Appellate Court for an opinion, but I don't think they will overturn Judge Gull's decision and they will deny it also.

I'm not too concerned about this, but I am also in a circus world with this case so anything is possible I guess.

EBM: Appellate Court not SCOIN

JMO

I'd prefer the Judge allow the interlocutory appeal - then see if the appeal court wants to hear it.

No reason not to IMO.
 
Another stall tactic by the Defense because THEY ARE NOT ready.

As I understand it, Judge Gull can deny the Motion outright. The D could then try and have it pushed to the Appellate Court for an opinion, but I don't think they will overturn Judge Gull's decision and they will deny it also.

I'm not too concerned about this, but I am also in a circus world with this case so anything is possible I guess.

EBM: Appellate Court not SCOIN

JMO
Maybe Gull doesn’t have to rule at all, and the motion will be automatically denied?

Rule 14(B)(1)(e)

(e) Ruling on Motion by the Trial Court. In the event the trial court fails for thirty (30) days to set the motion for hearing or fails to rule on the motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is set, the motion requesting certification of an interlocutory order shall be deemed denied.

 
Yes, but technically, RA was not really in solitary confinement.

I have never heard of those in 'solitary' having a personal wifi tablet that they could make calls to home and friends and could listen to music and watch films and read books on. That does not sound very isolated.

I have never heard of someone in 'solitary' have trustee companions standing right at their door, to make sure they don'y self harm.

I have never heard of a prisoner in 'solitary' having a face to face visit with their psychologist every single day.

IMO
RA was in a cell that is as restrictive as it gets in Westville. The ex-warden even calls it solitary confinement. His testimony was a bit vague as to when RA was off/on suicide watch (where he had nothing). At one point he did get a cardboard box, which he may have used as a table to eat on. The testimony is vague as to when he was on/off suicide watch. I think he was in the same cell during the year he spend in Westville regardless of what his status was.

From the ex-Warden Galipeau's testimony:
Q Okay. And you said there are 255 people in solitary confinement; is that describing A, B, C, and D?
A Correct, ma’am.
See Vern's downloadable PDFs here:
 
[SBM - tlcya, for focus]

Attorneys for Mr. Allen delivered nearly 1,000 pages of police reports to Mr. Allen on Friday, March 24, 2023, with the intention of seeking their client's cooperation in his own defense. As of Monday, April 3'", 2023, said information has yet to be provided to Mr. Allen;
...
Up until a visit with Mr. Allen on April 4, 2023...
thank you for this. So on March 21st RA is proclaiming several times that God and Jesus are his saviors after a few weeks of reading the Bible. But per the defense team he hadn't received the discovery as of Monday, April 3rd.

This solidifies my belief that RA was confessing out of guilt and not because of any possible "trauma" of reading and seeing discovery. Further, if he didn't have his discovery yet, and his confessions during that pre-receipt period contain details that only the killer should know, that serves to make me even more confident RA is the right man on trial for the murders of two girls.
 
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Maybe Gull doesn’t have to rule at all, and the motion will be automatically denied?

Rule 14(B)(1)(e)

(e) Ruling on Motion by the Trial Court. In the event the trial court fails for thirty (30) days to set the motion for hearing or fails to rule on the motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is set, the motion requesting certification of an interlocutory order shall be deemed denied.

Interesting.

If I understand @AugustWest and their previous post correctly, that even if JG should lapse the 30 days (so 'deemed denied'), at least the Defence has this filing now on record for future appeal(s). And that if they had not put it "on" the court's record, then such argurment from the Defence could not be used in future appeal(s).

@AugustWest - am I understanding all of this correctly?
 
Interesting.

If I understand @AugustWest and their previous post correctly, that even if JG should lapse the 30 days (so 'deemed denied'), at least the Defence has this filing now on record for future appeal(s). And that if they had not put it "on" the court's record, then such argurment from the Defence could not be used in future appeal(s).

@AugustWest - am I understanding all of this correctly?
@Vern Yes, this is correct
 
thank you for this. So on March 21st RA is proclaiming several times that God and Jesus are his saviors after a few weeks of reading the Bible. But per the defense team he hadn't received the discovery as of Monday, April 3rd.

This solidifies my belief that RA was confessing out of guilt and not because of any possible "trauma" of reading and seeing discovery. Further, if he didn't have his discovery yet, and his confessions during that pre-receipt period contain details that only the killer should know, that serves to make me even more confident RA is the right man on trial for the murders of two girls.
I don't know what to make of that. I truly hope it was God speaking to him.
Statement from Dr. Wala:
March 23, 2023: Allen was depressed and withdrawn and said he “was not straight in the head."
April 4, 2023: Allen suffered from insomnia, hopelessness, was suicidal, and stated “death would bring relief to him."
police-investigator-says-suspect-richard-allen-confessed-61-times-abby-williams-libby-german-indiana/531-448654fb-7648-4951-b3e2-84b680008eb5
 
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