Abby & Libby - The Delphi Murders - Richard Allen Arrested - #196

[tlcya]

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

Didn't someone(s) employed at/by the prison go through every page and make copies of it first? I thought I remembered that. Sorry but that sounds farfetched since everything at the prison was video recorded per testimony.

www.websleuths.com

My fear all along with these so call "confessions" of RA is that when you drill into them and learn the details, they are going to be quite underwhelming. In this case, the guard watching Allen in his cell says he overheard Allen apologizing out loud for murdering Abby. Like I said, quite underwhelming. This is not a "confession", this is a guard in a noisy prison claiming he overheard Allen talking to himself. If I were a juror, I would have kinds of doubt about this. How many other of these "Confessions" are going to have problems if they are looked at closely? IMO

I am most interested in drilling into the following confessions made by RA: verbal confessions (multiple) to his wife KA via recorded phone call. verbal confession to his mother via phone call (also recorded I believe). confession to warden written in his own hand.

I agree that any confessions "overheard" by inmates or guards will and should be given less weight. but even if they are given less weight, I do think it appropriate to factor them in with those verbal and written confessions the jury may give more weight to. They will become a part of the totality of evidence against him. JMO

 

[ClearAhead]

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

Didn't someone(s) employed at/by the prison go through every page and make copies of it first? I thought I remembered that. Sorry but that sounds farfetched since everything at the prison was video recorded per testimony.

www.websleuths.com

My fear all along with these so call "confessions" of RA is that when you drill into them and learn the details, they are going to be quite underwhelming. In this case, the guard watching Allen in his cell says he overheard Allen apologizing out loud for murdering Abby. Like I said, quite underwhelming. This is not a "confession", this is a guard in a noisy prison claiming he overheard Allen talking to himself. If I were a juror, I would have kinds of doubt about this. How many other of these "Confessions" are going to have problems if they are looked at closely? IMO

His defense referred to them as ‘confessions’. Their only argument was what caused the ‘confessions’ to occur.

 

[Willow Knight]

Do his attorneys have any culpability in the length of time RA has waited in custody for his trial to start?

Oh....let me respond to that! A big YES

Richard Allen never had to wait in prison/jail this long. It was a CHOICE made by either him, his attorneys, or family members influence. At any time he could have filed for a speedy trial.

(B) Defendant in Jail – Motion for Early Trial.​

A defendant held in jail on a pending charge may move for an early trial. If such motion is filed, a trial must be commenced no later than seventy calendar days from the date of such motion except as follows:

(1) delays due to congestion of the court calendar or emergency are excluded from the seventy-day calculation;

(2) the defendant who moved for early trial is released from jail before the expiration of the seventy-day period; or

(3) an act of the defendant delays the trial.

If a defendant is held beyond the time limit of this section and moves for dismissal, the criminal charge against the defendant must be dismissed.

https://www.in.gov/courts/rules/criminal/#_Toc152240492

 

[Salah11]

I assume that RA likes prison as he is the one insisting on these questionable lawyers to represent him.

I mean at what stage does he think to himself they are not doing a good job here and are ruining his chances. For a so-called innocent man, he seems content enough to let his team keep him in prison for the foreseeable future. MOO

 

[photographer4]

Oh....let me respond to that! A big YES

Richard Allen never had to wait in prison/jail this long. It was a CHOICE made by either him, his attorneys, or family members influence. At any time he could have filed for a speedy trial.

(B) Defendant in Jail – Motion for Early Trial.​

A defendant held in jail on a pending charge may move for an early trial. If such motion is filed, a trial must be commenced no later than seventy calendar days from the date of such motion except as follows:

(1) delays due to congestion of the court calendar or emergency are excluded from the seventy-day calculation;

(2) the defendant who moved for early trial is released from jail before the expiration of the seventy-day period; or

(3) an act of the defendant delays the trial.

If a defendant is held beyond the time limit of this section and moves for dismissal, the criminal charge against the defendant must be dismissed.

https://www.in.gov/courts/rules/criminal/#_Toc152240492

Once JG removed the counsel from the case without a hearing, there was a long delay as the matter went to the SCOIN. This was an error on JG’s part imo (lack of hearing). This meant new counsel had to be appointed and learn the case / begin a strategy and then another delay to transfer it all back to the original counsel. They did file for speedy and then waived it at some court appearance due to reasons I no longer recall.

This is a mess on all sides. It’s unreasonable to focus solely on one party imo when there have been so many issues throughout the proceedings.

Indiana Supreme Court: Delphi judge failed to prove attorneys’ removal was necessary - Daily Journal

Indiana’s highest court does not believe the removal of the attorneys representing the man accused of killing two Delphi teenagers was “a necessary last resort,” a formal opinion says.

dailyjournal.net

Court-appointed attorneys withdraw from Delphi case after reinstatement of original defense team

CARROLL COUNTY, Ind. – Court-appointed attorneys for Delphi murders suspect Richard Allen have withdrawn from the case. On Wednesday, public defenders William S. Lebrato and Robert C. Scremin filed…

fox59.com

Delphi defense withdraws speedy trial request, murder trial now set for October

FORT WAYNE — After a fiery back and forth between themselves and Judge Fran Gull, the legal team for Delphi murder suspect Richard Allen withdrew their right to a speedy

www.newsbug.info

Special judge cancels hearings for Delphi murders suspect Richard Allen

Defense attorneys Brad Rozzi and Andrew Baldwin, who are representing Richard Allen, filed a second motion to disqualify Frances Gull from the case.

www.wthr.com

 

[tlcya]

[SBM for focus]
It’s unreasonable to focus solely on one party imo when there have been so many issues throughout the proceedings.

Now I can agree with this. It IS indeed unreasonable to focus solely on the perceived faults and issues of one party while steadfastly ignoring those of the other.

 

[sunshineray]

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

Didn't someone(s) employed at/by the prison go through every page and make copies of it first? I thought I remembered that. Sorry but that sounds farfetched since everything at the prison was video recorded per testimony.

www.websleuths.com

My fear all along with these so call "confessions" of RA is that when you drill into them and learn the details, they are going to be quite underwhelming. In this case, the guard watching Allen in his cell says he overheard Allen apologizing out loud for murdering Abby. Like I said, quite underwhelming. This is not a "confession", this is a guard in a noisy prison claiming he overheard Allen talking to himself. If I were a juror, I would have kinds of doubt about this. How many other of these "Confessions" are going to have problems if they are looked at closely? IMO

Why do you suppose RA's defense lawyers didn't look at them more closely then and address them individually?

 

[Gerrymd8]

09/11/2024

Order Issued The Court, having had the Defendant's Motion for Court to Certify Court Orders For Interlocutory Appeal Pursuant to Appellate Rule 14 and Request to Rule Expeditiously on Said Motion, filed September 9, 2024, and the State's Objection to Certification of Orders to Allow for Interlocutory Appeal, filed September 10, 2024, under advisement, now denies the Motion to Certify Court Orders. Trial remains set October 14, 2024 - November 15, 2024, with jury selection being conducted in Allen County, Indiana, and trial being conducted in Carroll County, Indiana. 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: 09/11/2024

 

[iamshadow21]

09/11/2024

Order Issued The Court, having had the Defendant's Motion for Court to Certify Court Orders For Interlocutory Appeal Pursuant to Appellate Rule 14 and Request to Rule Expeditiously on Said Motion, filed September 9, 2024, and the State's Objection to Certification of Orders to Allow for Interlocutory Appeal, filed September 10, 2024, under advisement, now denies the Motion to Certify Court Orders. Trial remains set October 14, 2024 - November 15, 2024, with jury selection being conducted in Allen County, Indiana, and trial being conducted in Carroll County, Indiana. 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: 09/11/2024

Boom.

Now let's go to trial.

MOO

 

[Tealgrove]

So what cards are left to play?

The Defence must be shuffling the deck.

MOO

 

[Salah11]

So what cards are left to play?

The Defence must be shuffling the deck.

MOO

Yes because they are clearly not ready for trial so no doubt they will throw another spanner in the works.

IMO

 

[Cyber sleuth]

Boom.

Now let's go to trial.

MOO

Let’s roll!

 

[iamshadow21]

So what cards are left to play?

The Defence must be shuffling the deck.

MOO

52 card pickup.

MOO

 

[Salah11]

They are probably writing another Franks as I type this

All kidding aside, their main issue is that RA is guilty, and they can’t place him anywhere but the bridge. So the rest is all smoke and Mirrors IMO.

 

[sunshineray]

Once JG removed the counsel from the case without a hearing, there was a long delay as the matter went to the SCOIN. This was an error on JG’s part imo (lack of hearing). This meant new counsel had to be appointed and learn the case / begin a strategy and then another delay to transfer it all back to the original counsel. They did file for speedy and then waived it at some court appearance due to reasons I no longer recall.

This is a mess on all sides. It’s unreasonable to focus solely on one party imo when there have been so many issues throughout the proceedings.

Indiana Supreme Court: Delphi judge failed to prove attorneys’ removal was necessary - Daily Journal

Indiana’s highest court does not believe the removal of the attorneys representing the man accused of killing two Delphi teenagers was “a necessary last resort,” a formal opinion says.

dailyjournal.net

Court-appointed attorneys withdraw from Delphi case after reinstatement of original defense team

CARROLL COUNTY, Ind. – Court-appointed attorneys for Delphi murders suspect Richard Allen have withdrawn from the case. On Wednesday, public defenders William S. Lebrato and Robert C. Scremin filed…

fox59.com

Delphi defense withdraws speedy trial request, murder trial now set for October

FORT WAYNE — After a fiery back and forth between themselves and Judge Fran Gull, the legal team for Delphi murder suspect Richard Allen withdrew their right to a speedy

www.newsbug.info

Special judge cancels hearings for Delphi murders suspect Richard Allen

Defense attorneys Brad Rozzi and Andrew Baldwin, who are representing Richard Allen, filed a second motion to disqualify Frances Gull from the case.

www.wthr.com

Actually it was the actions and non-action of the attorneys that got them into that situation, their neglect and gross incompetence. Then they agreed to leave the case and lied to the judge in chambers about that. JG was trying to uphold RA's rights to efficent representation. Then those same attorneys told the SCOIN they were ready to go to trial...another lie? Certainly seems that way to me BUT to them everything was the fault of the judge and prosecution. Then they wanted and motioned for a speedy trial and a couple of days before jury selection started they withdrew that motion. Why? Well according to them it was the prosecution's fault. They said they didn't have discovery files when they actually were given them. They tried to get rid of the judge a couple more times even though the SCOIN said unanimously she had no bias. It just goes on and on with this DT. Now they want to appeal the rulings of the confessions being in and the SODDI defense being out before the trial is done to yet again delay the trial again, even though the judge preserved their right to offer proof during trial. So RA is still in limbo, incarcerated, waiting for his attorneys to get it together and defend him. What do they file...they want all the information they can get their hands on about the warden of a prison their client isn't even in anymore. RA confessed to him how long ago? What have the DT been doing all this time? Speculating and slandering (IMO) about 5 men with alibis that were cleared long ago by LE. AJMO

 

[sunshineray]

So what cards are left to play?

The Defence must be shuffling the deck.

MOO

Well they're going after the warden so maybe Dr. W is next, then the guards? They have to go after the character of the people RA confessed to, I suppose? That's going to get a little tricky with the family phone calls though, I'd think?

Oh and RA seeing the discovery, the murders details, before he started confessing BUT that may prove tricky too because Detective Harshman seems to have all the receipts that isn't the case?

He could change his plea to guilty, I suppose?

 

[Vern]

These individuals testified "under oath" under penalty of fine and/or imprisonment for perjury (the transcripts of their sworn testimony are available and posted in this thread).

I give that a lot of weight; perhaps it's just me IMO.

 

[StarryStarryNight]

These individuals testified "under oath" under penalty of fine and/or imprisonment for perjury (the transcripts of their sworn testimony are available and posted in this thread).

I give that a lot of weight; perhaps it's just me IMO.

Well said.
There is a huge difference between sworn testimony and the misleading motions the defense has filed.

 

[statt#1]

So what cards are left to play?

The Defence must be shuffling the deck.

MOO

Agreed, we can only wait patiently to see what's up next in this ongoing saga.

 

[Willow Knight]

Once JG removed the counsel from the case without a hearing, there was a long delay as the matter went to the SCOIN. This was an error on JG’s part imo (lack of hearing). This meant new counsel had to be appointed and learn the case / begin a strategy and then another delay to transfer it all back to the original counsel. They did file for speedy and then waived it at some court appearance due to reasons I no longer recall.

RSBM for focus.

I've been searching for a valid link, cannot find one. Does anyone here have a link that states how long the defense had the speedy trial request signed by Richard Allen before filing it? Was it before the defense team was removed?

TIA