Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #162

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The emergency request filed by Richard Matthew Allen’s lawyers in Carroll Circuit Court cited “dramatic change in Mr. Allen’s condition, including his change in demeanor, change in appearance and change in his overall mental status.”


The special judge in the case has scheduled a June 15 hearing on a defense request to allow Allen to be released on bail.
 
Looks like the Judge granted his motion.



edited to add - but another sentence after this - Judge just moved the motion to be heard by IN Supreme Court.

Judge Denier also issued an order Thursday for the Indiana Supreme Court to appoint a special judge outside of Carroll County to hear the case.
Judge Diener is the original judge who recused himself in dramatic fashion directly after the arrest of RA.
This article is dated 11/3/22.
 
Oops - sorry about that - did not look at the date! Thanks!

edited to add - so he IS in Carrol County jail now (again?). TIA!
No. He’s in state prison currently. They’re looking to move him to Cass County jail.
 

The emergency request filed by Richard Matthew Allen’s lawyers in Carroll Circuit Court cited “dramatic change in Mr. Allen’s condition, including his change in demeanor, change in appearance and change in his overall mental status.”


The special judge in the case has scheduled a June 15 hearing on a defense request to allow Allen to be released on bail.
Imo, this article makes it seem like the June 15 hearing is in response to the new motion to relocate RA. In reality, that date was already set after RA’s attorneys weren’t prepared for the bail hearing, which was originally planned to be heard in February!

For an innocent fellow who keeps getting jerked around and mistreated by the system, nobody seems to be in a big hurry to get him into any better conditions.

 
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If moving RA closer to his attorneys makes things run a little better for them, have at it. Maybe the trial will come quicker.
What I have a problem with is lawyers filing motions for public consumption with fantastical exaggerations, playing for sympathy, playing on emotions, misrepresenting things. (see Murdaugh trial).
They could just as easily filed for his transfer without mentioning dog kennels, or their dispicable referenced to POWs among other things. Straight forward and to the point, but they chose not to. I believe we have found the Indiana equivalent to Harpootlian.
The proof of their strategy is the fact that they claim RA’s mental health is declining to the the point where he is schizophrenic and delusional, yet not once do they request a medical intervention of ANY kind.
 
If moving RA closer to his attorneys makes things run a little better for them, have at it. Maybe the trial will come quicker.
What I have a problem with is lawyers filing motions for public consumption with fantastical exaggerations, playing for sympathy, playing on emotions, misrepresenting things. (see Murdaugh trial).
They could just as easily filed for his transfer without mentioning dog kennels, or their dispicable referenced to POWs among other things. Straight forward and to the point, but they chose not to. I believe we have found the Indiana equivalent to Harpootlian.
The proof of their strategy is the fact that they claim RA’s mental health is declining to the the point where he is schizophrenic and delusional, yet not once do they request a medical intervention of ANY kind.
MS was questioning if it was meant for public or not. According to them, the link to download it was not available later.

I don't know about the atty in the Murdaugh trial but this lawyer is highly thought of; I'm not sure if your accusations are justified.

@twall just linked to the actual document; let's dissect it.
 
I don’t want RA or anyone awaiting trial to be mistreated but unless he’s being interrogated,tortured, and beaten unconscience on a regular basis it is outrageous and offensive to suggest he’s being treated like a POW.
After a long list of grievances including that RA is now psychotic and delusional, his lawyers remedy is to move him to a jail near their office. Right. That is a known treatment for mental illness.
I really don’t buy any of this.
IMO unless he has tried to escape or is resisting orders, I feel the kinds of restraints/chains shown in the photo are a form of torture and should be discontinued. Regular handcuffs should suffice, again unless he is resisting/refusing to obey orders. I personally think it is disgusting how high profile prisoners like RA are paraded about in chains. My opinion only.
 
MS was questioning if it was meant for public or not. According to them, the link to download it was not available later.

I don't know about the atty in the Murdaugh trial but this lawyer is highly thought of; I'm not sure if your accusations are justified.

@twall just linked to the actual document; let's dissect it.
Items 15 and 19 clips. This request is for Attorney convenience IMO

15. Approximately 2 months prior to the filing of this Petition, Attorney Rozzi was able to secure a more traditional bed space in the Cass County Jail, a newly erected modern jail facility with the most advanced security measures, located directly across the street from Attorney Rozzi's office and only approximately 20 miles from the Carroll County Courthouse. Said modification of Mr. Allen's incarceration would result in a more humane living environment in which Mr. Allen would be afforded immediate access to his attorneys and more importantly, would allow Mr. Allen to have
regular contact visits with his family…

l9. As a further practical matter, both co-counsel for Mr. Allen are having to drive hours away fiom their respective law offices in order to talk with Mr. Allen, and the time spent on the road is much more costly for Carroll County taxpayers than housing Mr. Allen in Cass County where everyone (except the Carroll County Sheriff) is on board with Mr. Allen being housed during the pendency ofthis case; and
 
No. He’s in state prison currently. They’re looking to move him to Cass County jail.

Okay - thanks - I do have him in state prison - for his own safety says my notes....
 
Clip from item 12. What is this optimistic news? (And they must have meant March 24.)

As recently as Friday, April 24th, 2023, Attorney Andrew Baldwin met with Mr. Allen with optimistic news about the direction of the case, and Mr. Allen was inquisitive about the information, was thankful about the information and optimistic about the information.
 
IMO unless he has tried to escape or is resisting orders, I feel the kinds of restraints/chains shown in the photo are a form of torture and should be discontinued. Regular handcuffs should suffice, again unless he is
resisting/refusing to obey orders. I personally think it is disgusting how high profile prisoners like RA are paraded about in chains.
MOO I don't condone any mistreatment of prisoners/those waiting for trial but the photo shows RA in standard restraints that are only put on when he is removed from his cell and put in a room for attorney/client visits.
They are not going to risk any chance of RA going after the attorney or a guard. The handcuffs shown are actually more comfortable and allow more movement, than standard cuffs and there is just a single chain that goes around his waist, that the cuffs are secured to. I can't tell for sure whether or not he has ankle restraints.
I don't think the prison did this to single him out, they were just following standard operating procedures.
Just as when you see those in-custody transported to court from jail, individuals are not evaluated for threat assessment, everyone gets a belly chain, handcuffs and a linking chain, and ankle restraints, sometimes.
 
MS was questioning if it was meant for public or not. According to them, the link to download it was not available later.

I don't know about the atty in the Murdaugh trial but this lawyer is highly thought of; I'm not sure if your accusations are justified.

@twall just linked to the actual document; let's dissect it.
Based primarily on what MS has presented, I believe RA does have a strong and respected defense team. I’m not understanding why they chose to delay his 2/17/2023 bail hearing, even after they confidently announced way back in November that RA is the wrong guy and demanded said bail hearing. I don’t know if they actually believed in him at that point in time, but I admit they (and the arrest affidavit) had me going that maybe RA isn’t the perp.
I remember being appalled that a possibly innocent man could be held from October til February with not even a bail hearing. Then to have the February hearing pushed (by request of the defense) to June?! Wow! They were saying it’s because they hadn’t seen the entirety of discovery. My take away was whatever they DID see must’ve been strong enough that they were no longer prepared to advocate for RA to be released on bail. MOO
I am all for moving him to Cass if that’s better from a due process and fair trial standpoint. I tend to agree with @StarryStarryNight about the over-the-top language, though, and agree that it’s reminiscent of Harpootlian’s (a highly respected old-timer) tactics.
All of their talk about injustices against, and inhumane treatment of their client, doesn’t jibe with their complete lack of urgency in action.
 
No. He’s in state prison currently. They’re looking to move him to Cass County jail.

Thanks for clarifying that. Yes that was a November article when RA asked to be transferred from the custody of the Carroll County, Indiana Sheriff's office to the custody of the Indiana Department of Corrections for safe keeping. So then it appears he was transferred to Westville but that location wasn’t publicly known until this recent motion by his defence.

But now his legal team are broadcasting where they want him transferred to and mention “The Carroll County Sheriff’s Department, on the other hand, declined to have Allen moved out of the Westville facility, his attorneys said.” even though they should surely be aware his jail falls under the custody of the Indianna Department of Corrections.

One other thing that caught my eye, it’s the comment regarding schizophrenic and delusional behaviour that really stands out. That’s a very specific and serious diagnosis that causes me to wonder if RA has also been diagnosed as such in the past, so it’s a known reoccurring mental illness. Because he surely didn’t just “catch” it at the jail. To that point, I also wonder why his legal team isn’t insisting on emergency mental health treatment at a qualified medical centre rather than moving him to a county jail. Unless his mental condition improves, forget bail JMO.


 

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Thanks for clarifying that. Yes that was a November article when RA asked to be transferred from the custody of the Carroll County, Indiana Sheriff's office to the custody of the Indiana Department of Corrections for safe keeping. So then it appears he was transferred to Westville but that location wasn’t publicly known until this recent motion by his defence.

But now his legal team are broadcasting where they want him transferred to and mention “The Carroll County Sheriff’s Department, on the other hand, declined to have Allen moved out of the Westville facility, his attorneys said.” even though they should surely be aware his jail falls under the custody of the Indianna Department of Corrections.

One other thing that caught my eye, it’s the comment regarding schizophrenic and delusional behaviour that really stands out. That’s a very specific and serious diagnosis that causes me to wonder if RA has also been diagnosed as such in the past, so it’s a known reoccurring mental illness. Because he surely didn’t just “catch” it at the jail. To that point, I also wonder why his legal team isn’t insisting on emergency mental health treatment at a qualified medical centre rather than moving him to a county jail. Unless his mental condition improves, forget bail JMO.


Yes, I'm very much not convinced this document was meant to be viewed by the public. If for no other reason than that they are naming RA's current (and possible future) location after 6 months of that being kept secret for his safety. It doesn't make sense. ETA: Thanks @twall for pointing out that the IDOC had let it slip about his location, so it wasn't a true secret.

Note also that in that document, there is one mention of past and ongoing mental illness: depression. This is not, however, supported by any evidence. It says the prison was presumed to have done an evaluation and medicating earlier on.

12. To further complicate matters, Mr. Allen has suffered from depression dating back to his early years. Upon his incarceration, Mr. Allen was presumably evaluated and medicated by prison medical staff. Up until visit with Mr. Allen on April 4, 2023, counsel for Mr. Allen found him to be polite, communicative with great eye contact, generally responsive to our questions and exhibiting good sense ofhumor on occasion in spite of his false arrest and circumstances. However, Mr. Allen's deteriorating physical condition has been observed by Counsel dating back to the beginning ofthe new year.
 
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The way lawyers stretch the truth it could be that RA threw up all on the bed and bedframe and they had to put a fresh mattress on the floor for one night till they could clean the bedframe up properly.

Lawyers tell half truths constantly.

I notice much of what’s contained in the motion the lawyers couldn’t have possibly have witnessed first hand without being with RA virtually every day, so how else would they be privy to the details if not from RA himself since another of the complaints is it takes hours of travel to see him. Maybe it’s RA who’s known for telling half truths?

According to the motion, Allen is being held in the maximum security segregation unit.
Among his attorneys grievances are:
  • Allen's cell being 6 feet by 10 feet in size
  • Him sleeping on a pad on a concrete floor
  • Only allowed to shower one to two times per week
  • Required to wear the same clothes, including underwear, for days that are soiled, stained, tattered and torn
  • No opportunity for Allen to visit his wife or family members in the past five months
  • The electronic tablet he uses to call family members is monitored by prison officials and the cost of the calls are being borne by Allen and his family
  • Allen is afforded very little recreational time
  • Information Allen's attorneys provided to him to review as part of his defense on March 24 are yet to be provided to him, as of April 3.
  • It is difficult for his attorneys to meet with him given his segregation and isolation, which keeps him from being able to assist in his defense.
 
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Thanks for clarifying that. Yes that was a November article when RA asked to be transferred from the custody of the Carroll County, Indiana Sheriff's office to the custody of the Indiana Department of Corrections for safe keeping. So then it appears he was transferred to Westville but that location wasn’t publicly known until this recent motion by his defence.

But now his legal team are broadcasting where they want him transferred to and mention “The Carroll County Sheriff’s Department, on the other hand, declined to have Allen moved out of the Westville facility, his attorneys said.” even though they should surely be aware his jail falls under the custody of the Indianna Department of Corrections.

One other thing that caught my eye, it’s the comment regarding schizophrenic and delusional behaviour that really stands out. That’s a very specific and serious diagnosis that causes me to wonder if RA has also been diagnosed as such in the past, so it’s a known reoccurring mental illness. Because he surely didn’t just “catch” it at the jail. To that point, I also wonder why his legal team isn’t insisting on emergency mental health treatment at a qualified medical centre rather than moving him to a county jail. Unless his mental condition improves, forget bail JMO.


Rbbm
According to points 2 and 3 of the new emergency motion, that transfer was done without legal representation and at the request of Carroll County sheriff.

As to the schizophrenia and mental health claims, Idk what to make of it. If his team truly believes that, though, it would behoove them to have him promptly evaluated.
I DO NOT like all of this stuff that’s looking like potential grounds for appeal. Imo
 
Rbbm
According to points 2 and 3 of the new emergency motion, that transfer was done without legal representation and at the request of Carroll County sheriff.

As to the schizophrenia and mental health claims, Idk what to make of it. If his team truly believes that, though, it would behoove them to have him promptly evaluated.
I DO NOT like all of this stuff that’s looking like potential grounds for appeal. Imo
Here's the motion from the Carroll Co. Sheriff:

11/03/2022Motion Filed
Request by the Sheriff of Carroll County, Indiana to Transfer Inmate from the Custody of the Sheriff to the Custody of the Indiana Department of Corrections for Safekeeping filed.
Filed By:
Carroll County Sheriff's Department
File Stamp:
11/03/2022
11/03/2022Order Issued
Order Re: Sheriff's Request for Safekeeping entered, per form.
Judicial Officer:
Diener, Benjamin A.
Noticed:
McLeland, Nicholas Charles
Noticed:
Allen, Richard M.
Noticed:
Carroll County Sheriff's Department
Order Signed:
11/03/2022
 
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