Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #156

[wary]

I've read several times recently that this investigation is still open. If they have their suspect, I wonder what they are still investigating.

Everything imaginable, I’d guess.

 

[mrtnira]

On the thread, people have been occasionally mentioning how some electronic media has been overwritten and there is an assumption that investigation necessary information has been lost. Maybe not so. If there is enough official interest special methods can be employed to examine the hard drive. In this Wikipedia page on Data Recovery, if you drop down to the overwritten data section there is a cogent explanation of some of the successes and the limitations of data recovery. All may not be lost.
Data recovery - Wikipedia

 

[UnapologeticallyAspie]

Carter says "this investigation is far from complete..."

So LE continues to investigate the murders of Abby and Libby. I wonder what "far from complete" means. Probably there is a lot they are investigating yet. I wonder if that includes people.

That statement alone could lead me to think there is so much unknown, not just to the public, but to LE themselves.

Could be their current suspect has tentacles.

I wouldn't be surprised if another arrest came along, other players involved, or possibly other murders tied to RA.

Delphi suspect charged with 2 counts of murder; ‘Investigation far from complete’

DELPHI, Ind. — It’s a development loved ones of Libby German and Abby Williams have long prayed for: charges filed in connection to the Delphi murder investigation. Indiana State Police annou…

www.8newsnow.com

I wouldn’t be surprised if LE arrested him to keep him away from the public due to his possible connection to other detrimental crimes, that we know nothing about.

IMO ymmv

 

[Sundog]

I assume that RA will have been assigned a public defender before the hearing on November 22nd on whether or not the PCA will remain sealed or not?

Contingent, of course, on whether the court reviews his finances and determines he is eligible for a public defender.


EBM typo

 

[Falling Down]

I assume that RA will have been assigned a public defender before the hearing on November 22nd on whether or not the PCA will remain sealed or not?

Contingent, of course, on whether the court reviews his finances and determines he is eligible for a public defender.


EBM typo

Yes. He probably had a PD right off the bat, then it's his choice re: public vs. private, plus he can choose to change counsel. That is his Constitutional right.

 

[Sundog]

Yes. He probably had a PD right off the bat, then it's his choice re: public vs. private, plus he can choose to change counsel. That is his Constitutional right.

RA initially told the court that he would be hiring a private attorney, but then later on he changed his mind and submitted a letter to the court asking that he be assigned a public defender because he didn't realize how expensive it would be to hire a private attorney. It still hasn't been reported if the court has approved his request based on his finances, but if he is eligible for a PD, then hope he has one by November 22 with time for the attorney to prepare for the hearing, otherwise I wonder if assigned attorney will request an extension for the hearing to give her/him time to prepare.

 

[jdglove]

To clarify, the hearing is to determine whether to release the seal on the charging document and the probable cause affidavit. It's between the judge and the prosecutors. RA might not even be represented. It is not RA's choice or the lawyer's choice. It isn't a question of privacy or tainting potential jurors or sensitivity to the loved ones or even safety. As a principle, the US does not throw people in jail based on secret evidence.

From:
Delphi Murders: Why are court records sealed for Richard M. Allen, the man charged in Abby & Libby's death?

"These are things the public has a right to know." Carroll County Prosecutor Nicholas McLeland said in a press conference Monday that he asked a judge to seal the charging information and the probable cause affidavit, both are court documents laying out evidence the state has gathered when they charge a person with a crime.

"I was prosecutor for 10 years in Gary. I charged probably 1,000 people with murder," Crawford said. "Never once did we prohibit the public from looking at the probable cause affidavit if they were in custody."

So far no one knows what evidence there is against RA. At the press conference all that was said were emotions and religious beliefs, nothing about the evidence. A judge issued the warrant so you can be confident the probable cause held up to scrutiny. But if it is kept under seal, that is a temporary measure and an exception based on some compelling reason, perhaps to do with the ongoing investigation. They apparently still need enough evidence to convict him which is a much higher bar than just indicting him.

 

[rainwaterstill]

Judge Gull begins work on Delphi murder case

Allen Superior Judge Fran Gull has begun traveling to the Carroll County Courthouse for preliminary work on the Delphi murders trial. Gull has traveled to Delphi to talk with officials and staff about the trial of 50-year-old Richard Allen, who faces two charges of murder. The two girls were...

www.953mnc.com

From the article:
According to The Journal Gazette, Gull declined to talk about her trip or matters that are not public record.
She did say she doesn’t plan to move any hearings or the trial out of Carroll County. (BBM)

Allen County is the Ft. Wayne metro area.

 

[gizmobtj]

Here's the thing about the KAK theory and "what are the odds" Libby was in contact with two potential perpetrators point. In my opinion, the odds are high. If she was communicating with one, presumably on the anthony shots account, it's easy to imagine she was communicating with a second, either because she was reaching out to boys in general or something in her profile suggested to them that she would be a susceptible tpoints.

BUT, what do we have officially that says this wasn't a crime of opportunity?

Point being -- there is nothing out there that suggested RA had any electronic communications with either of the victims

 

[Yvettea]

Lauded Judge and Former Prosecutor Is Set to Oversee the Delphi Murders Trial – Here's What to Know

The next hearing in the Delphi murders case is currently slated for Nov. 22, 2022. That hearing is formally scheduled to address a number of sealed evidentiary documents in the tightly-guarded case. Local law enforcement have been particularly secretive about numerous details thus far – even the defendant’s current location, as well as the probable cause for his arrest and charges, are currently a mystery.

Gull told the Gazette she also intends to deal with a recent request from Allen for the court to appoint him a public defender.

“I think there’s no sense in scheduling another hearing,” the judge said.

ETA:text added

 

[mrjitty]

RA initially told the court that he would be hiring a private attorney, but then later on he changed his mind and submitted a letter to the court asking that he be assigned a public defender because he didn't realize how expensive it would be to hire a private attorney. It still hasn't been reported if the court has approved his request based on his finances, but if he is eligible for a PD, then hope he has one by November 22 with time for the attorney to prepare for the hearing, otherwise I wonder if assigned attorney will request an extension for the hearing to give her/him time to prepare.

One wonders if the accused would rather everything remained sealed ...

 

[NuttMegg]

To clarify, the hearing is to determine whether to release the seal on the charging document and the probable cause affidavit. It's between the judge and the prosecutors. RA might not even be represented. It is not RA's choice or the lawyer's choice. It isn't a question of privacy or tainting potential jurors or sensitivity to the loved ones or even safety. As a principle, the US does not throw people in jail based on secret evidence.

From:
Delphi Murders: Why are court records sealed for Richard M. Allen, the man charged in Abby & Libby's death?


So far no one knows what evidence there is against RA. At the press conference all that was said were emotions and religious beliefs, nothing about the evidence. A judge issued the warrant so you can be confident the probable cause held up to scrutiny. But if it is kept under seal, that is a temporary measure and an exception based on some compelling reason, perhaps to do with the ongoing investigation. They apparently still need enough evidence to convict him which is a much higher bar than just indicting him.

What is the difference in the present case and the lengthy lock on the Barry Morphew charging document? Sorry don't recall the technical name, but imo there were all sorts of shenanigans used as the reason to withhold that for what, at least a month? More? Ie sensitivity of the document to certain young women, iirc.

 

[zencompass]

To clarify, the hearing is to determine whether to release the seal on the charging document and the probable cause affidavit. It's between the judge and the prosecutors. RA might not even be represented. It is not RA's choice or the lawyer's choice. It isn't a question of privacy or tainting potential jurors or sensitivity to the loved ones or even safety. As a principle, the US does not throw people in jail based on secret evidence.

From:
Delphi Murders: Why are court records sealed for Richard M. Allen, the man charged in Abby & Libby's death?


So far no one knows what evidence there is against RA. At the press conference all that was said were emotions and religious beliefs, nothing about the evidence. A judge issued the warrant so you can be confident the probable cause held up to scrutiny. But if it is kept under seal, that is a temporary measure and an exception based on some compelling reason, perhaps to do with the ongoing investigation. They apparently still need enough evidence to convict him which is a much higher bar than just indicting him.

In addition to the original Motion from the Prosecutor to seal the Probable Cause Affidavit
as well as subsequent Motions, on November 22nd the Judge will consider submissions from news stations to unseal the P.C. Affidavit.

Media lawyers play a substantial role in hearings to unseal court documents via public record requests.

Here are 2 news stations that have confirmed that they are filing documents in support of unsealing the court documents:

Delphi Investigation: Hearing set to determine whether records for arrest in murders will remain sealed

A hearing has been set to determine whether the public records for the man charged in the 2017 deaths of Liberty German and Abigail Williams should be unsealed prior to the trial.

www.wrtv.com

"WRTV has also filed a records request for all documents that would be publicly available in court against a defendant once charges have been formally filed."

Experts weigh in on why Delphi arrest court documents are still sealed

INDIANAPOLIS — Two charges of murder have been filed against Richard Allen, but the details behind those charges are still under wraps. The probable cause affidavit is still sealed, despite a…

fox59.com

"FOX59 is working to get access to the documents filed in this case. We’re filing a public records request with Judge Diener, who sealed the affidavit."


JMO

 

[Tealgrove]

Lauded Judge and Former Prosecutor Is Set to Oversee the Delphi Murders Trial – Here's What to Know

The next hearing in the Delphi murders case is currently slated for Nov. 22, 2022. That hearing is formally scheduled to address a number of sealed evidentiary documents in the tightly-guarded case. Local law enforcement have been particularly secretive about numerous details thus far – even the defendant’s current location, as well as the probable cause for his arrest and charges, are currently a mystery.

Gull told the Gazette she also intends to deal with a recent request from Allen for the court to appoint him a public defender.

“I think there’s no sense in scheduling another hearing,” the judge said.

ETA:text added

Would RA be present in court for this hearing?

 

[SMK777]

BUT, what do we have officially that says this wasn't a crime of opportunity?

Point being -- there is nothing out there that suggested RA had any electronic communications with either of the victims

SBM
No, there is nothing.

However what stands out to me chiefly is that there was communication with the shots account just prior to the murders (indicating a possible catfish plan to meet at the bridge) and RA’s arrest coming while KK was in plea deal negotiations.

Take those two away (eg say Libby had no contact with the shots account for days prior to the murder, and there were no plea deal negotiations underway with KK) and I would believe there’s no reason to see RA ‘s crime as more than one of opportunity with no connection to KK or his accounts.

 

[SMK777]

Would RA be present in court for this hearing?

Judging from the pre trial hearings I’ve followed in the Kaitlin Armstrong case, he well could be. She mainly was present at her hearings although there was an absence or two. I have nothing else to judge it by.

 

[Yvettea]

Would RA be present in court for this hearing?

I just assumed he would be present if she is appointing a public defender but I don’t really know.

 

[CSIDreamer]

Would RA be present in court for this hearing?

Depends on if we're still playing Where's Richard?

JMO

 

[SMK777]

I just assumed he would be present if she is appointing a public defender but I don’t really know.

Was there an initial public arraignment of him?

 

[adbou00]

Was there an initial public arraignment of him?

To my knowledge nothing public so far, he had a closed hearing on the 28th of Oct where he pled not guilty to the two charges. (that was stated from the prosecutor 31st Oct during the presser)