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

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I think it's interesting that his lawyers say based on the PC affidavit, they do not think the evidence is strong. If the evidence is not strong, why not release the affidavit?

I understand why they asked for a bail hearing, it's his right and you have to do your job, but I think I would have waited until after this hearing today.
IF the evidence isn’t strong, that may be precisely why the State doesn’t want to release it. They wouldn’t want to show they’ve arrested this guy after so long and have a weak case of largely circumstantial evidence. It could lose some confidence in the community; it could be played up in the media that they may have the wrong guy, it could make them look bad, etc. Just speculating though, IMOO.
 
IF the evidence isn’t strong, that may be precisely why the State doesn’t want to release it. They wouldn’t want to show they’ve arrested this guy after so long and have a weak case of largely circumstantial evidence. It could lose some confidence in the community; it could be played up in the media that they may have the wrong guy, it could make them look bad, etc. Just speculating though, IMOO.
Gosh I hope we’re not dealing with anything like that! Yikes!
 
IF the evidence isn’t strong, that may be precisely why the State doesn’t want to release it. They wouldn’t want to show they’ve arrested this guy after so long and have a weak case of largely circumstantial evidence. It could lose some confidence in the community; it could be played up in the media that they may have the wrong guy, it could make them look bad, etc. Just speculating though, IMOO.




I think it’s strong because they had to get enough to get a search warrant in the first place.

Then whatever they found meant they was able to arrest him and charge him with two counts of murder.


I just don’t believe the evidence can be weak knowing these two small things.


Moooooo
 
It benefits the defence of the case against their client is weak or built on circumstantial evidence. If the defence wants it to stay sealed and it gets released I wonder if they can motion for a change of venue?
The media has filed a brief too I believe. And frankly I think the public has a right to know as we live in a free society and we don’t conduct trials in secret. If anything needs redacting it can be accomplished while still releasing the document.
 
I think it’s strong because they had to get enough to get a search warrant in the first place.

Then whatever they found meant they was able to arrest him and charge him with two counts of murder.


I just don’t believe the evidence can be weak knowing these two small things.


Moooooo
After what all has transpired in the Suzanne Morphew case, I get nervous about sealed affidavits coupled with defense statements about lack of proof evident presumption great.
imo
 
I think it's interesting that his lawyers say based on the PC affidavit, they do not think the evidence is strong. If the evidence is not strong, why not release the affidavit?

I understand why they asked for a bail hearing, it's his right and you have to do your job, but I think I would have waited until after this hearing today.
His defense attorneys have merely filed what is required as far as language in a motion for bail.

“Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.”

Ind. Const. Art. 1, § 17
 
I think it's interesting that his lawyers say based on the PC affidavit, they do not think the evidence is strong. If the evidence is not strong, why not release the affidavit?

I understand why they asked for a bail hearing, it's his right and you have to do your job, but I think I would have waited until after this hearing today.
Interesting yes. Sounds like defense trying to send a strong message that LE has arrested the wrong man.
 
[…]

The only exception for entitlement to bond is murder and treason. Typically most defendants charged with murder do not receive bond. However, bond may be granted if the case does not appear to lean favorably to the the state's case, according to Indiana law.

Since no one in the public has seen the probable cause affidavit, no one can assess whether the allegations against Allen are strong.

The public release of the affidavit is summed up in a brief filed with the court on behalf of media outlets throughout the state, including Gannett, which is the Journal & Courier's parent company, Hoosier State Press Association, the Associated Press, Scripps Co., as well as television news outlets, including the Indiana Broadcasters Association.

In the brief, the attorneys for the news outlets cite a Nebraska case, arguing, "Secrecy of judicial action can only breed ignorance and distrust of courts and suspicion concerning the competence and impartiality of judges” and “free and robust reporting, criticism and debate can … subject (the criminal justice system) to the cleansing efforts of exposur and public accountability.

“Accountability, in turn, promote public trust, which is key to democratic society.”

The media's brief also states, “The history leading to the Defendant’s arrest, coupled with the nature of the underlying alleged crimes … underscores the need for transparency.”

[…]

 
https://twitter.com/wrtv/status/1595041325531140097
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HAPPENING NOW | Delphi murder suspect Richard Allen has just arrived at the courthouse in Carroll County flanked by nearly a dozen officers as he was escorted inside. The hearing begins at 9 a.m. https://bit.ly/3GGxTlo #DelphiMurders #Delphi
 
His defense attorneys have merely filed what is required as far as language in a motion for bail.

“Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.”

Ind. Const. Art. 1, § 17
Yes I’m a defense lawyer, I know what a bail motion is. I was commenting on the timing given today is a hearing on that very probable cause affidavit.
 
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