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

[Vern]

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

I have no idea when they had the Motion document drafted, but it was signed and filed on 6 March 2024. (Begins at the 48 second mark)

Richard Allen's legal team files motion requesting early trial

Murder suspect Richard Allen has been in prison for more than 16 months.

www.wthr.com

It was continued on 7 May 2024 to the new dates of 14 Oct - 15 Nov 24.

 

[Vern]

Also found this one ... beginning at Para 9 ... it may be what you were looking for @Willow Knight.

Judge unseals more than 100 documents related to Delphi Murders Trial, including Richard Allen's 'admissions'

This morning, Special Judge Fran Gull, who is overseeing the Delphi Murders trial of Richard Allen, unsealed numerous documents relating to the case.

www.wrtv.com

https://s3.documentcloud.org/documents/23863585/delphidocs.pdf

 

[mrjitty]

So Judge Gull ripped off the scab.

It's not my favoured option - I'd prefer her to have kicked upstairs and see if the Appeal Court wanted to take a look. IMO it's at least legally arguable that KAK should be allowed in. Not saying the Judge ruled incorrectly, but the Appeal Court might want to draw the line differently.

In any event, that issue will go on the shelf for any future appeal - in itself not unusual if you read the Indiana Authorities on this.

Here we go!

 

[katydid23]

IMO
Yes, it happens all over the US but I'm shocked and appalled that (apparently) there are so many cases here in Indiana.

Ok, so if it is true that there are many cases like his in Indiana, then maybe it's not a big conspiracy? Originally it was being said here that he was the only one being incarcerated in prison, pre-trial. And that was evidence of some kind of a conspiratorial cover up.

But actually, it is not that unusual.

 

[katydid23]

So what cards are left to play?

The Defence must be shuffling the deck.

MOO

Can they file to have the Judge removed again?

 

[sunshineray]

Can they file to have the Judge removed again?

Can they appeal the denial to appeal? Just taking swings here because nothing would surprise

 

[Salah11]

Can they file to have the Judge removed again?

Surely they wouldn’t try that again as it will just be a bigger embarrassment than the 3 day hearing?

It’s not going to work because she is simply doing her job and following the letter of the law.

Moo

 

[mrjitty]

Can they file to have the Judge removed again?

I think they don't have any grounds. If they did that would have filed before the hearings gutted their case.

SCOIN held against them as regards perception of bias, so they'd have to make out actual bias which is a super high bar

IMO

 

[girlhasnoname]

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

They had a signed copy by RA they have drug around since August of 2023. I kept waiting for them to file it and mentioned it here ad nauseam.

When they finally did file it in early March 5th or 6th, the Defendant must be brought to trial within 70 days, they waited until 3 days before the May trial date (after the 1st jury questionnaires had been sent out) to withdraw because they were not ready and in that hearing said how unfair it was for the Prosecution to have more time.

<snipped>

The Delphi murders trial might now begin much sooner than expected. Wednesday morning, attorneys for defendant Richard Allen filed a motion for an early trial, and that motion triggers a new clock that starts ticking immediately.

Richard Allen's legal team files motion requesting early trial

MOO

 

[Salah11]

So can the defense ask for more time and can Judge Gull reject it if they do?

I am just trying to figure out the defences next step as I believe they are not ready for trial.

 

[FrostedGlass]

Ok, so if it is true that there are many cases like his in Indiana, then maybe it's not a big conspiracy? Originally it was being said here that he was the only one being incarcerated in prison, pre-trial. And that was evidence of some kind of a conspiratorial cover up.

But actually, it is not that unusual.

I never knew there were many cases like that here. That info apparently came from MS so I assume it's true. Just for the record, I've never called what's happening to RA a conspiracy.

RA was sent to prison under a safekeeping order. Galipeau testified that it was the first one he had been involved with during his 28 years at DOC.

I'll be glad when the rest of the 3-day hearing becomes public.

3 Day Hearing - Google Drive

drive.google.com

 

[girlhasnoname]

So can the defense ask for more time and can Judge Gull reject it if they do?

I am just trying to figure out the defences next step as I believe they are not ready for trial.

IANAL but the Defense could file a Motion to the Appellate Court or maybe an Original Action to the SCOIN asking for relief and the removal of Judge Gull again. If they do so, which is likely, that could stop the clock until it was ruled on I think. Any of our Legal Eagles care to respond?

Whether they (SCOIN) would accept it or hear arguments on it? I don't believe they will at this point, but never say never in this case.

All JMO

 

[sunshineray]

IANAL but the Defense could file a Motion to the Appellate Court or maybe an Original Action to the SCOIN asking for relief and the removal of Judge Gull again. If they do so, which is likely, that could stop the clock until it was ruled on I think. Any of our Legal Eagles care to respond?

Whether they (SCOIN) would accept it or hear arguments on it? I don't believe they will at this point, but never say never in this case.

All JMO

Asking for relief from the rulings?

 

[Megnut]

Or, novel idea, they could proceed to trial, represent RA, object when appropriate, cross examine effectively, present their witnesses, present their exhibits and protect his right to a fair trial within the bounds of professional ethics.

JMO

 

[girlhasnoname]

Asking for relief from the rulings?

Reconsider Judge Gull's ruling would have been clearer wording. Sorry for any confusion SSR.

Need more coffee.

 

[girlhasnoname]

Or, novel idea, they could proceed to trial, represent RA, object when appropriate, cross examine effectively, present their witnesses, present their exhibits and protect his right to a fair trial within the bounds of professional ethics.

JMO

Pfffft, well how very dare you suggest such a reasonable, ideal situation Megs. That's all most of us have any ever wanted from this Defense from the beginning, whether or not we believe RA to be guilty or innocent.

#Justice4Abby&Libby

MOO

 

[Salah11]

Or, novel idea, they could proceed to trial, represent RA, object when appropriate, cross examine effectively, present their witnesses, present their exhibits and protect his right to a fair trial within the bounds of professional ethics.

JMO

I think we have more chance of pigs flying

Moo

 

[ClearAhead]

I wonder if this is true? Imagine, the trial begins and then is potentially halted for weeks while the D’s appeal is heard?

BBM

Delphi murders trial moving forward after judge blocks defense appeal

Special Judge Frances Gull denied a motion by Richard Allen's defense to make their case to an Appeals Court.

www.wthr.com

On Sept. 11, 2024, Gull denied the motion to certify. That means that the defense will not be able to appeal her decision until after the trial is already underway.

 

[Salah11]

How do the defense solve the issue of RA admitting he was on the bridge at the time the girls were on the trails?

He only changed the time when he knew years later they have video that spelled out the time of when the crime was committed.

They now can not use 3rd parties who were not even in Delphi at the time of the murders.

MOO

 

[iamshadow21]

How do the defense solve the issue of RA admitting he was on the bridge at the time the girls were on the trails?

He only changed the time when he knew years later they have video that spelled out the time of when the crime was committed.

They now can not use 3rd parties who were not even in Delphi at the time of the murders.

MOO

"Yeah, he was there, and yeah, he was dressed like BG, and yeah, he bears a resemblance to BG, but that wasn't him and he didn't do this, it was someone else."

That's it.

They can't point at any specific third party without evidence, and they can't claim RA wasn't there because RA repeatedly said he was.

They may claim he looks nothing like BG, but that's going to be a hard sell. The jurors are going to look from him to the footage of BG and draw their own conclusions.

MOO