I notice the Judge has yet to rule on the Motion to limine regarding ballistics from way back in June, the defence has not filed any further motions and no additional hearing scheduled whatsoever. The unusual silence that prevails indeed makes me wonder if plea discussions are happening at this time.
BBM
ACCUSED Delphi murderer Richard Allen offered his wife no acknowledgment as he appeared in court after reportedly making a series of confessions about the 2017 killings, two podcasters say. A shack…
www.the-sun.com
KEY BALLISTIC EVIDENCE
Discussions of the defenses' motion to dismiss ballistic evidence was tabled by Judge Gull until a later date.
However, she announced that several other undisclosed documents would be unsealed sometime next week. No further information was given.
Allen's attorneys filed a motion to "limine regarding ballistics" on Wednesday.
The motion, although sealed from public view, is related to
ballistics evidence raised previously in the probable cause affidavit that lead to Allen's arrest.
According to that affidavit, an unspent .40 caliber round was found at the crime scene between Libby and Abby's bodies.
That bullet was found to come from a gun belonging to Allen, who offered investigators no explanation for how it came to be found at the scene.
Allen's attorneys called the evidence "flimsy" at the time.
Greenlee said it will be difficult for Allen's attorneys to get the evidence thrown out, but there are two main avenues they may pursue to do so.
"The first one is the judge could rule that the evidence was obtained improperly. In other words, that investigators didn't really have the probable cause to go in and do the search when they found the gun," he said.
"Generally, it's pretty hard to throw out the search warrant, but it happens sometimes. It's very difficult though, so I don't think that's terribly likely.
"The other avenue way is to make the argument that the evidence is unreliable.
"A number of defense attorneys recently have been arguing that ballistics evidence cannot be trusted, that there's no scientific evidence behind it. Again, it's unlikely, but it's possible.
"
My guess is the ballistic evidence will stay in and if you have ballistic evidence alongside a possible confession, and if jurors find that confession credible, then that will all make for pretty compelling evidence against Allen."
