IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #168

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girlhasnoname said:
I have to say this was one of the major screwups by TL. If that scene had been contained right away and the dogs been allowed to track a scent through those woods, we might have known the exact path the murderer(s) had taken.

I have to admit a fault where I find it LE/State or the Defense.

TL said he made a mistake and I have to agree here.

The other big one being the first confession by RA to the Conservation Officer about being at the trails, and that lead not followed up for 5 years.

The sketch is a 50/50 for me because if you overlay both photos as I've seen done on other sites, they look similar to me. So maybe if he had his hoodie on in the video and pulled it down and was seen by the 2nd witness, I can kind of see where that might be possible.

MOO
Click to expand...

Yes the blood hounds may well have been able to track the perpetrator although I’m not sure how the dogs would’ve determined the right scent to track given all the people out and about searching as well.

I know little or nothing about tracking dogs except for the movies when they’re given an article or object to sniff in order to know who’s scent they’re supposed to follow.
 
FrostedGlass said:
Thanks for the link.

In court, P doesn't have to prove motivation but it's really important to me. Even if it's just: "I was so mad that I wanted to kill someone so I got that little old lady across the street."

Cases like this one, where there seems to be no motivation, don't leave many choices other than SA. MOO
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I agree, motive is important to me in all cases, but in this one especially. If I were on the jury, with only circumstantial evidence and the vicious nature of the crime, I would want to know the why. Why would RA, the nice guy from CVS, who lives just around the corner in the little town of Delphi, do something like this? Prosecution will have to answer that question in the jurors’ minds.
 
From my understanding, the girls would have been out of school on Monday February 13, 2017. Was Abby with Libby the previous weekend (Friday, Saturday, Sunday night)? Or did they meet up Monday? Apologies if this has already been answered.
 
zh0r4 said:
From my understanding, the girls would have been out of school on Monday February 13, 2017. Was Abby with Libby the previous weekend (Friday, Saturday, Sunday night)? Or did they meet up Monday? Apologies if this has already been answered.
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IIRC, Libby's Grandma said they'd overnighted Sunday together at Libby's before the Monday park hike.
So, Sunday at least.
 
steeltowngirl said:
I agree, motive is important to me in all cases, but in this one especially. If I were on the jury, with only circumstantial evidence and the vicious nature of the crime, I would want to know the why. Why would RA, the nice guy from CVS, who lives just around the corner in the little town of Delphi, do something like this? Prosecution will have to answer that question in the jurors’ minds.
Click to expand...
I mean, I keep coming back to this- nothing seems to fit. He doesn’t look like BG or either sketch, he admitted to being there IN 2017 but nobody caught that (awesome police work), and he has zero history of violent or sexual crimes.

Police at every level made weird and vague statements which still make no sense. And imo the entire case was compromised by crap investigative work. DC and Tobe are, IMO, grandstanding attention seekers who mucked it up exponentially.

<modsnip - criticizing the nature of the discussion>

It is of course possible that RA is the sole murderer, but I have more than a reasonable doubt. Guess it’s good I won’t be on the jury.

MOO IMO YMMV
 
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girlhasnoname said:
I hope so, as I asked yesterday, if the Defense is going to use RA's mental health as part of the reasoning behind his transfer, would that open the door to his medical evals from Westville to the Prosecution? I think it might.

Maybe @gitana1 could answer that if she pops in.
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Could you elaborate a bit more? So busy I haven’t followed much. What medical Evals?
 
Emma Peel said:
ah! thank you very much!

Would love to know - What was it, specifically, that made Toby L realize that blood hounds could have made a difference for this case?
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Maybe it was the estimated time of death which is something he knows but we still don’t.

For example, if it’s later than the current P timeline indicates (c 3-4pm) the TL might have thought that dogs could have led them to the CS earlier? Just speculating.

I think that is why the D mentioned different times of death in the 136p memo, to highlight different possibilities based on a later time. MOO.
 
SkyBoomer said:
<modsnip - criticizing the nature of the discussion>

It is of course possible that RA is the sole murderer, but I have more than a reasonable doubt. Guess it’s good I won’t be on the jury.
Click to expand...

In the interests of lasting justice (one that avoids and withstands lengthy appellate processes), I would prefer you on the jury precisely because you do have reasonable doubt at this stage.

If they convince you beyond reasonable doubt then it’s likely to have been a strong case.

Certainly stronger than 12 people who already are utterly convinced of his guilt as the evidence stands, and would likely stubbornly refuse to consider anything that contradicts that preconception.

That’s one way innocent people end up in jail for 10-20 years fighting the system to get out (not saying RA is innocent - can’t tell/ have reasonable doubt).

And that injustice then usually means in typical cases that P and LE double down, stop investigating and then the killer is still not apprehended and brought to justice. That is the worst case scenario IMO for all concerned.

The best case scenario as I see it is if the P have some compelling evidence up their sleeve as yet unseen that irrefutably indicates RAs sole guilt - this would hopefully avoid his trial and potentially investigation and trial of others and bring some kind of closure. As long as that’s the whole truth then so be it.

So yes please continue to have reasonable doubt until you don’t! Justice works best when it holds back the hasty and delivers the truth.

Reasonable doubt and presumption of innocence - important foundations of justice.
 
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Okay... this is a long one since he was in court last... will definitely shorten this up a bit! :)

Thursday, October 19th:
*Status Hearing (@ 2pm ET) - IN – Abigail Joyce Williams (13) & Liberty Rose Lynn German (14) (Missing Feb. 13, 2017, found killed Feb. 14, 2017, after walking on a local hiking trail & were discovered around noon about 50 feet from the north bank of Deer Creek which is about 0.5 miles from the Monon High Bridge Trail, Delphi) – *Richard “Ricky”/”Rick” Matthew Allen (44 @ time of crime/50/now 51) arrested & booked (10/26/22) into the Carroll County Jail & charged & arraigned (10/28/22) with 2 counts of murder while committing or attempting to commit kidnapping of both victims. Plead not guilty. Held without bond.
Transferred to White County jail from Carroll County for security reasons. And was transferred (11/2/22) to IN. DOC at Westfield Correctional Facility at a more secure facility. Was awaiting transfer to Westville Correctional Facility but Judge Gull denied move (6/15/23). She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. Judge Gull denied move (7/5/23).
Allen County Judge Frances C. Gull has replaced Judge Benjamin Diener / Carroll County Prosecutor Nicolas McCleland / Andrew Baldwin & Bradley Rozzi are Allen's public appointed attorneys.
Trial was set to begin on 3/20/23 was continued on 1/8/24. Jurors will be chosen from Allen County & transported to Carroll County for trial.
Charges, case & court info from 4/19/21 thru 6/9/23 reference post #676 here:
https://www.websleuths.com/forums/...ers-richard-allen-arrested-162.659344/page-34
6/13/23: Petition filed. Verified request to prohibit public access to a court record. Objection filed. State's objection to defendant's motion for Order on continuing disclosure of defendant's mental health records. Objection filed. State's objection to defendant's Motion to Suppress. Motion in Limine regarding ballistics (to exclude from evidence) filed by defense attorneys Bradley Rozzi & Andrew Baldwin, representing Allen filed a "Motion to Limine regarding ballistics". This is a motion requesting ballistics evidence be thrown out from the trial. While the motion is sealed from public viewing, knowing the motion is related to ballistics raising questions due to the previously released probable cause affidavit that lead to Allen's arrest. That bullet was found to come from a gun belonging to Allen. Motions hearing on 6/15/23.
6/15/23 Update: Among the topics expected to be discussed in Thursday's hearing are: Defense's motion to throw out ballistics evidence in the case. Setting a trial date. A request to move Allen from a maximum security prison to a jail for mental and physical health reasons & expert witness approval. The Judge said she will not be deciding on a motion to dismiss key ballistic evidence today. The defense called their 4 witnesses to the stand to testify on moving Allen. Former Carroll County Sheriff Tobe Leazenby, Carroll County Sheriff’s Office, Max Baker, an intern for attorney Rozzi’s office, Gary Lewis from Westfield Correctional Facility. Cass County Sheriff Ed Shroder. The State called to the stand Carroll County Sheriff Tony Liggett & from the Westville Correctional Facility Captain John Galipeau.
Allen’s attorney said he made “incriminating statements,” linking him to the Delphi murders. The prosecutor agreed, saying that he made an “admission.” However, Allen’s attorney said that the incriminating statements couldn’t be trusted because of his current mental state. The State will be calling two witnesses after lunch. One or both witnesses will be testifying to ADMISSIONS OF GUILT allegedly made by RA while being detained. Prosecution & defense both referenced “incriminating statements” Allen allegedly made in prison. Prosecutor said Allen “confessed 5 or 6 times to killing the girls.” Defense team says the vague statements are inconsistent with Allen’s previous statements. The 'confessions' came from conversations that he had with people thru the tablet he uses.
for more info see posts #719 [pg 36], 721, 722, 726 to 729, 731 & 733, 735 & 737 [pg 37], 744, 745, 749, 753, 754, 756 & 769 [pg 38], 767 & 774 [pg 39], 787, 790 & 796 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-163.673635/page-40
Judge Gull decided Allen will be staying in Westville Correctional Facility. She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. The judge announced she will be unsealing multiple documents next week. The announcement comes after 13News appealed to both the judge & the Indiana Supreme Court Administration to release the documents that include multiple motions & filings in the case. A trial date for Allen has been set for January 8-26, 2024. Judge Gull approved several motions. The trial was set for January 8 through the 26. Also decided is that recording meetings with attorney in correctional facility will stop & medical records will be released to the legal team. Judge Gull told Allen’s defense that it sounded like they just wanted him moved to be convenience to them. She stated that the attorneys knew he was in Westville, when they were appointed the case & agreed. The State said they didn’t have any huge concern where Allen was placed. Their main request is that they want him held on no bond. Judge Gull advised that a Franks hearing notice must be filed before it will be set. This is in regarding the suppression hearing to hear expert testimony as it would have amounted to a Daubert hearing. A Franks hearing centers around the issue of whether or not LE lied in order to obtain a search warrant.
6/16/23: Ex Parte motion for Order authorizing expert at a public expense, incorporating memorandum in support filed by defense. 6/20/23: Motion to Quash subpoena or enter Protective Order filed by IN. Dept. of Correction. Appearance by attorneys Aaron M. Ridlen & Hannah M. Deters filed by IN. Dept. of Correction. 6/20/23: Document filed by Carroll County Sheriff's Dept.
5/18/23: (#36): Order set deadlines 5/18/23. Parties directed to file dismissal papers by 7/3/23. Joint Notice of settlement pursuant to Local Rule 16-1(g). By Magistrate Judge Andrew P. Rodovich on 5/18/23. 6/16/23: (#37): Motion: Stipulation to dismiss on 6/9/23. Joint stipulation to dismiss Carroll County, Leazenby, Liggett, only with prejudice by defendant. (#38): Opinion & Order. Order Striking Document. Set Deadlines Friday 6/16/23. The Court STRIKES the Stipulation of Dismissal with Prejudice as to Defendants Carroll County, Indiana & Tobias Leazenby, in his Individual Capacity & Official Capacity as Sheriff of Carroll County, Indiana, Only. The Court sets a deadline of 6/29/23 for either (1) the Plaintiff to file a second amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(2), to drop Defendants Carroll County, Indiana, Tobias Leazenby & Tony Liggett & to proceed only against the Carroll County Sheriff's Office or (2) the parties to file a stipulation of dismissal that includes Defendant Carroll County Sheriff's Office. Signed by Judge Theresa L. Springmann on 6/16/23.
6/22/23: Order Issued. Comes now the Court & having communicated with the parties on Defendant Allen's Motion for Order on Continuing Disclosure of Defendant's Mental Health Records, now grants said Motion & orders the Indiana DOC and/or any other departments, law enforcement agencies, and/or individuals assuming jurisdiction over the care & custody of Allen to release to Attorney Bradley A. Rozzi and/or Andrew Baldwin, upon the written request or either, any & all mental health records associated with Allen, without the necessity of the execution of consents and/or waivers by Defendant Allen or his agents. Order signed on 6/16/23 by Judge Frances Gull.
6/28/23: Order Issued by Judge F. Gull. The Court has reviewed the electronic file recently & discovered many pleadings & filings have been marked as sealed & confidential, and, therefore, unavailable to the public The Court has consulted with Counsel for the State of Indiana & the Defense & discovered the pleadings have been deemed confidential to comply with the Court Order dated December 2, 2022 which prohibits public comment, commonly referred to as the "Gag Order". Counsel agree with the Court that the public interest is best served by transparency, but that certain pleadings should remain sealed. Counsel agree that the original, un-redacted Affidavit for Probable Cause shall remain sealed as it lists names of juvenile witnesses; that the Transport Orders previously entered (and future Orders) shall remain sealed for security purposes; and that the Defense Ex Parte Motions & related Orders shall remain sealed pursuant to long established case law. All other pleadings filed prior to the date of this Order shall be unsealed & available to the public, except for the pleadings explicitly mentioned in this paragraph. Future pleadings & filings that are to be confidential shall comply with Court rules. Further, the Court has consulted with the Clerk of the Carroll Circuit Court about the impact of this Order on her office & staff, and the public interest in the pleadings which are being made available. As hundreds of pages of documents are being unsealed, this may create obstacles to the Clerk & the public. To ease the burden on the Clerk of the Court, and to ensure accessibility, the Court will make copies of the now public pleadings available at allensuperiorcourt.us/Delphi. John McGauley, Allen Superior Court, Court Executive has created this page on the Court's website to make these pleadings easily accessible to the public, the media & the parties. This link should be active within hours of the issuance of this Order.
6/29/23 Update: New court documents reveal Allen admits guilt in Delphi Murders. On April 3, 2023, Allen made a phone call to his wife Kathy Allen. In that phone call, Allen admits several times that he killed Abby & Libby. Investigators had the phone call transcribed & the transcription confirms that Allen admits that he committed the murders of Abigail Williams & Liberty German. He admits several times within the phone call that he committed the offenses (sic) as charged. His wife, Kathy Allen, ends the phone call abruptly." Information about Richard Allen's time in prison; -Alleged phone call admissions to his wife; -Cause of death of Libby & Abby. Documents also share for the first time that Abby & Libby died by homicide by "sharp object". There were also multiple pieces of clothing missing from the scene, including underwear & a sock. There is no mention of those items being recovered in any searches of property. During searches of Allen's property, numerous firearms, electronic devices & knives were seized as evidence. From the doc file, so it seems the defense Emergency Motion was a direct result of RA’s confessions to his wife. The property receipt of items collected from 1967 Whiteman Dr. Delphi, Indiana & from the car acquired Tt that property. See more info on post 308 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-164.681822/page-16
Per the court documents just released, Allen admitted to his wife several times in a visit on April 3, 2023 phone call that he killed Abby & Libby. His wife then hung up on him. After that, Allen began "acting strangely". He wet the legal papers left him by his attorneys and ate them! He stopped eating and sleeping. He stopped making phone calls to his wife.
6/29/23 Update: Motion for Order on visitation with inmate. Attorneys representing Allen have filed a court petition to speak with a convicted child molester who they say may be a “potential witness” in their client’s case. Attorneys Bradley Rozzi & Andrew Baldwin, the defense lawyers representing Allen in a Carroll County double murder trial, filed a motion Thursday asking the court to allow them to visit and speak with an Indiana inmate being housed at the same facility as their client.
7/5/23: Correspondence to/from court filed by Westville Correctional Inmate letter. 7/19/23: Order Issued. The Court, having reviewed the Indiana Dept. of Correction's Motion to Quash Subpoena or Enter Protective Order, now finds that Defendant's request is unreasonable & oppressive & beyond the scope of discovery. The Court, therefore, quashes the Subpoena & Request for Production to Non-Party issued by Counsel in May 19, 2023. Judicial Officer: Gull, Frances. 7/19/23: Order Issued. The Court, having had this matter under advisement following a hearing, and having considered the evidence & the arguments of Counsel, now finds as follows: Defendant is currently incarcerated in the Westville Correctional Facility under a "safekeeping order" issued November 3, 2022. The Court Order states that the Court "FINDS that Defendant is an inmate awaiting trial & is in imminent danger of serious bodily injury or death, or represents a substantial threat to the safety of others." The evidence presented at the hearing on defendant's Motion to Reconsider did not support many of the allegations advanced by defendant counsel. In fact, the evidence presented demonstrated that the Defendant is treated more favorably than other inmates housed at the Westville Correctional Facility. In light of the evidence presented, the Court has reconsidered the original Safekeeping Order & finds it is reasonable & necessary to ensure the defendant's safety & to prevent serious bodily injury to himself. The Dept. of Correction has provided, and will continue to provide Defendant with the necessarily medical services, including any mental health services. If the Dept. of Correction believes a facility other than Westville is more appropriate, or more convenient. Along with Gull's order on the safekeeping motion, she also ruled Wednesday that the defense team could not go into the WCF to inspect Allen's cell, calling the desire to do so "unreasonable and oppressive, and beyond the scope of discovery." The Court is confident that the Dept. of Corrections will move the defendant accordingly. Judicial Officer: Gull, Frances.
8/8/23: Praecipe for transcript filed by defense. Praecipe for transcript to Allen County DOS Court reporter & Felony Judicial assistant.
9/14/23 Update: Motion for broadcasting Order filed by Allen. Wants cameras in courtroom for all proceedings including trial. Amended pleading filed. Amended motion to suppress fruits of search of No. Whiteman Dr, Delphi. In the motion, Allen’s attorneys argued the warrant & probable cause affidavit failed to establish specifically what police were looking for. They contended the items named in the search could have come from any home. Allen’s attorneys believe the search violated the Fourth Amendment of the U.S. Constitution & Article 1, Section 11 of the Indiana Constitution. Both involve unreasonable search & seizure. They also cited the Fourteenth Amendment, the equal protection clause.
9/18/23 Update: Motion for Franks hearing & motion filed re verified motion for immediate transfer of custody filed by Allen. A Franks hearing is a court proceeding wherein the Court is asked to determine if the police officer involved lied in obtaining a search warrant. Attorneys for Allen say teenagers Liberty German & Abigail Williams were "ritualistically sacrificed" by members of a pagan Norse religion & white nationalist group called "Odinism." The newest twist in the case comes in a document dump Monday morning from Allen's attorneys, who are asking the judge to throw out evidence collected during a search of his home shortly before his arrest last year. Many Westville guards are also members of the "Odinite cult" & have "threatened, intimidated, and mentally abused" Allen, his attorneys write in the court document. They argue crucial evidence at the crime scene near Deer Creek and the Monon High Bridge was also withheld. They say the killers left "runes," which are described as sticks deliberately arranged on the girls' bodies & used German's blood to paint an "F" on a nearby tree. The court document also points to four people, whom police have never named, as possible suspects. An Odinite from Logansport, whose son reportedly dated Williams, allegedly posted images to social media that mimicked the crime scene. Another man from Rushville allegedly confessed to his sister about the killings. Two more men — one also from Rushville & another from Delphi — are also involved, Allen's attorneys claim. The investigation is "an utter failure in pursuing the Odinist suspects, in spite of powerful evidence of Odinites involvement in the murders," they write in the 136-page court document. 9/19/23 Update: The courts have since sealed those documents, which also included specific information and names of possible people involved, therefore Scripps News Indianapolis has made the decision to remove the full documents.
9/25/23 Update: Notice to Court Filed. Notice of Non-Party Request for News Media Access & Statement in Support for Defendant's Motion for Broadcasting. Filed by: Indiana Broadcasters Assoc., Hoosier State Press Assoc., Inc., The Associated Press, Circle City Broadcasting I, LLC, E.W. Scripps Co., Nexstar media Inc., Tegna, Inc., Gannett Satellite Information Indiana Newspapers, LLC, American Broadcasting Co., Inc., Neuhoff Media Lafayette, LLC & Woof Boom Radio LLC. 9/25/23 Update: State's response to Defendant's Motion for Broadcasting Order; oppose the motion. State's 2nd objection to defendant's Motion to Suppress. State's motion for Leave of Court to subpoena Duces Tecum 3rd party records filed. State files verified request to prohibit public access to a court record. Motion for all future pleadings & filings to be sealed for the Court's review before being released to the public filed by State. State's 2nd Objection to Defendant's Motion to Suppress. On Tuesday, prosecutors also submitted subpoenas for Allen’s medical & mental health records from the Westville Correctional Facility, where he has been housed since November 2022. Prosecutors said Allen has displayed erratic behavior, including “wetting down paperwork he had gotten from his attorneys & eating it,” refusing to eat & sleep, and ceasing to make any phone calls. Prosecutors also said Allen, who had previously made up to two phone calls a day, has not made any calls since April 3, 2023.
10/2/23 Update: Supplemental Motion for Franks Hearing filed by Allen. 10/3/23 Update: Defendant's additional Franks Notice Motion filed. Defense asks for a 11/1/23 deadline for State’s Discovery.
10/10/23: Motion to Quash Filed. Motion to Quash Subpoena filed by Allen. State’s response to Motion for Discovery filed. State’s response to Defense’s verified Motion for immediate transfer. (see post #805 page 41, thread 167).
10/10/23 Update: Defense attorneys are asking the Court to deny the prosecution access to their client's mental health & medical records. In September, Carroll County Prosecutor Nick McLeland subpoenaed Allen’s health records from his time in captivity. The subpoena sought the results of examinations & evaluations that Allen has undergone at Westville Correctional Facility since Nov. 3, 2022… Allen’s attorneys wrote that they had not filed an insanity defense, nor have they requested a competency evaluation of Allen, meaning his “mental state is not at issue in the guilt/innocence phase of this proceeding.” The attorneys also wrote that the “requested information is not likely to lead to the discovery of admissible evidence”.
10/9/23 Update: The state believes it has turned over everything in their possession & has no objection to a discovery deadline. The state said the defense’s theory that the state is intentionally withholding evidence because it is exculpatory is not true. The prosecutor also claims the defense team hasn’t turned over any pieces of evidence from their investigation. According to the prosecutor, when the state filed charges against Allen, the discovery was not in a format that could easily be provided to the defense, which the prosecutor clarified as all the paper documents had to be copied & scanned, and all the external hard drives & reports from law enforcement had to be collected. The state is asking the court to require the defense team to turn over any evidence they get & not dump all the evidence on the state on 11/1/23 at 11:59pm.
10/10/23 Update: Order Issued: The Court having reviewed Defendant Allen's Motion for Discovery Deadline, the Court now orders the following: without objection by the State. The State of Indiana must produce all Discovery to defense counsel on or before 11/1/23 by Judge Frances Gull.
10/12/23 Update: Order Issued: On the Courts motion, this cause is ordered set for status hearing on 10/19/23 @ 1pm. Counsel ordered to arrange their scheduled to appear. The purpose of the hearing is to discuss the up coming hearing on 10/31/23 & other matters which have recently arisen. Court will prepare a transport order to have defendant appear.
10/17/23 Update: “The attorney’s former employee had left Andrew Baldwin’s practice a few years ago & never worked on the Allen case. However, that person took pictures of the documents with a phone & then gave the images to another person, who then sent them out.” Judge Francis Gull, the administrative judge of Allen Superior Court’s Criminal Division who was assigned as a special judge to the Allen case, has ordered both sides into her courtroom in Fort Wayne on Thursday, 10/19/23. Gull’s order, issued last week, says that the hearing will address “other matters which have recently arisen.”
10/17/23 Update: Order Issued. The Court has received multiple requests for various legitimate media outlets to record the Court proceedings to be conducted on October 19, 2023, at 2:00 p.m. (These requests are filed in the case with this Order). The Court has determined that allowing recording of the October 19, 2023, hearing is permitted provided that the means of recording will not distract the participants or impair the dignity of the proceedings, and the hearing itself is a non-confidential proceeding. The Court, therefore, authorizes the recording & broadcasting of the hearing set for October 19, 2023. The Court WILL NOT permit photographing or digital streaming of the proceedings. All news media will be required to wear/display identification & to wear appropriate attire. One or two cameras will be authorized for pool coverage of the hearing. Members of the general public are prohibited from broadcasting, recording, or photographing this proceeding. The Court will prohibit media broadcast during this hearing of attorney-client communications, bench conferences & materials on counsel tables & the Court's bench. The Court has the sole discretion to interrupt or stop the coverage, or to limit or terminate the recording & broadcast by a news media organization at any time during the proceeding. The Court requests the media to become familiar with I.C. 34-46-4-1 & the Code of Judicial Conduct, Rule 2.17. Judicial Officer: Gull, Frances.
 
For the first time in the case, cameras will be allowed in the courtroom. And while media outlets are not allowed to livestream the hearing, the proceedings can be shown on a 30-minute delay.

The hearing is set to start at 2 p.m. on Thursday, Oct. 18. Coverage will start around 2:30 p.m. on FOX59. The proceedings will be streamed, on a 30-minute delay, on-air on FOX59 and online at fox59.com and cbs4indy.com.

fox59.com

How to watch Thursday’s hearing in the Delphi murder case

ALLEN COUNTY, Ind. — On Thursday afternoon, Delphi murder suspect Richard Allen will appear in court for a hearing. Special Judge Fran Gull ordered the hearing last week, saying it was to dis…
fox59.com fox59.com
 
Attorney Shay Hughes weighs in on X (Twitter):



Shay Hughes
@publicdefender_

In January, the Court prohibited the parties from disseminating information or releasing any extra-judicial statements by means of public communication. Recently, The Murder Sheet podcast reported (portions confirmed by Fox59) a former employee of Andrew Baldwin leaked evidence relating to the case.

A party may seek a finding of contempt if the party has been injured/damaged by the failure of the other party to comply w/ a court order. Contempt is defined as an act that is in disobedience of a court which undermines the court’s authority, justice, and dignity. Put differently, acts that deter a court from the performance of its duties may support a finding of contempt.

Indirect contempt occurs from conduct outside of the court. A party must willfully disobey a lawful order for there to be indirect contempt. The party charged has the burden of proving a lack of willfulness.

Procedurally, the State would file information detailing the act which contempt punishment is sought. A defendant has an opportunity to respond. If the defendant shows 1) the facts set forth do not constitute contempt; or 2) proves contempt was not intended, the court shall acquit and discharge the defendant. A court may punish the defendant for contempt by fine, imprisonment, or both.

Nevertheless, I think highly of Baldwin and don’t believe any reported leak was the result of willful disobedience on his part. #RichardAllen #delphimurders #lawtwitter #indiana #TrueCrime

11:37 PM · Oct 18, 2023·
80 Views
https://twitter.com/x/status/1714848213138641395
 
gitana1 said:
Could you elaborate a bit more? So busy I haven’t followed much. What medical Evals?
Click to expand...
Hi @gitana1 Here's a quick Cliffs Note version of what's been happening lately...

RA has had several psychological and health evals at his current holding facility which is a prison rather than a jail. He is guarded 24/7 because of a suicide watch, because of claims he was going to hurt himself when he got there. He was doing fine by all accounts from Nov until April after a big Discovery dump by the State, he confessed to his wife and mother that he killed Abby & Libby at least 5 times on a recorded phone line. He went berserk and threw his tablet and started literally eating the paper documents. He refused to eat, lost a bunch of weight, etc.

The Defense asked for a transfer to a closer jail because of the inhumane treatment (and it being closer for them), but the Judge denied it after the hearing, saying she found no evidence of that, and in fact he was being treated better than most of the prisoners there. Albeit, he is a Defendant rather than a prisoner.

The Defense is saying that RA is being 'tortured, and treated like a POW' etc., you know the typical Defense rhetoric. He only made those confessions to his wife and mother under extreme mental duress yada, yada. They have a Franks Motion coming up and the Defense is trying to get the search warrants squashed.

I was curious if the Defense is using a 'mental duress' and poor treatment as a defense to his phone confessions and a transfer, would the State then be entitled to the mental and physical evaluations done during the time he has been held there. Nov 22 - Present?

Also the Defense filed a 136 page Memorandum in response to the Franks Motion, which described in detail the Crime Scene and other who they suspected might be involved in the murders, even though there was a gag order. It got posted to the Court website at 2:08 am and caca has hit the fan over that. They suggested a Pagan ritualistic sacrifice. Here's the link, it's the most bizarre and unprofessional thing I've ever seen.

https://timothycharlesholmseth.com/...Memorandum-in-Support-of-Motionpdf-delphi.pdf

MOO
 
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