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

[MistyWaters]

Attorneys: Resignation of Richard Allen’s defense team could result in yearlong delay in Delphi murders trial

The trial is now on hold after special judge Frances Gull announced public defenders Bradley Rozzi and Andrew Baldwin stepped away from the case.

www.wthr.com

DELPHI, Ind — The search for a new attorney to represent the defendant in the Delphi murderstrial – and the delay caused by the appointment of new defense counsel – could take longer than expected, according to the Indiana Public Defender Council.

“Right now, Indiana is facing an attorney shortage,” said IPDC assistant executive director Michael Moore. “So it's very likely this process could take a long time because of the sheer lack of lawyers available.”…

…Some Indiana counties have a public defender agency or special board that appoints public defenders for indigent defendants. That is not the case in Carroll County, where Allen is facing two murder charges. Because Carroll County relies on judicial appointment when assigning a public defender, Gull will have sole discretion in determining who will become Allen’s new defense counsel.

Carroll County is also a member of the Indiana Public Defender Commission, which means any public defender appointed to Allen must have extensive legal experience. The commission requires that its member counties hire attorneys for murder cases who have at least three years of criminal litigation experience and who have served as lead defense counsel in at least three jury trials that were tried to completion. In exchange for meeting the commission standards, member counties qualify for partial reimbursement for their public defender fees…..……”

 

[MistyWaters]

Two news reports, what a difference one little word makes. The first is an accurate quote from Hennessy’s brief.

'He was betrayed' | Defense attorney files motion on behalf of Richard Allen attorney

Hours ahead of Richard Allen's status hearing, another defense attorney is stepping in to defend the Delphi murder suspect's counsel.

www.wthr.com

“Hennessy, a longtime defense attorney who has argued on behalf of lawyers throughout Indiana before, argued that a trusted friend to Baldwin was given access to the office space where he kept all Delphi-related items.
"He was betrayed," Hennessy wrote, arguing that Baldwin has since kept "all Delphi-related items locked in a room or a locked fireproof cabinet."

Attorneys For Man Suspected Of Killing Delphi Teens Withdraw From Case After Security Breach

Attorneys for the man accused of killing two teenage girls in Delphi, Indiana, in 2017 have withdrawn from the case after a security breach. Defense attorneys Andrew Baldwin and Bradley Rozzi will no longer represent Richard Allen, 51, after confidential information pertaining to the case was...

www.dailywire.com

“On Thursday, an attorney representing Baldwin said in a memorandum that authorities were investigating the leak and that there are three suspected “disseminators” who “betrayed” Baldwin. Those three allegedly gained access to the case documents, which were kept “locked in a room or a locked fireproof file cabinet.”

 

[girlhasnoname]

This seems to say DD was the interviewer.
I wonder if the Investigative Center is that building they leased up on N. 9th St.?

Special Judge releases public documents in the double homicide case - Carroll County Comet

The shocking murder of two Delphi Community School Corporation middleschool students, Liberty German and Abigail Williams on Feb. 13, 2017 and the long ensuing investigation has produced a significant number of documents and paperwork throughout the time before an arrest was made Oct. 18, 2021...

www.carrollcountycomet.com

"Liggett was provided a tip narrative from DNR Lieutenant Dan Dulin to review. It was reported that Allen approached Dulin to report that he had been on the trails in Feb. 13, 2017. Allen told Dulin he parked his vehicle at the “old Farm Bureau building” (believed to be the former Department of Child Services building, which was empty) and he walked to the new Freedom Bridge.
...
Allen was interviewed in the Carroll County Investigative Center on Oct. 13, 2022, according to the released records."

Yes it looks like the Oct 13, 2022 was held at the CCIC, but where did RA give his info to DD at? We've heard lots of places. At LE offices, they agreed to meet at a local supermarket.

I wish we knew for sure, the misfiling or misplacement of RA tipping himself in is HUGE to me.

MOO

 

[DeDee]

3 juveniles see a man, BG, wearing 1) a really light blue jacket or 2) a dark canvas-type jacket and 3) was dressed in all black with something covering his mouth


Rick Allen can't be wearing all of these things; however, police removed "jackets" from his home. Did they find a black one?

Yes it looks like the Oct 13, 2022 was held at the CCIC, but where did RA give his info to DD at? We've heard lots of places. At LE offices, they agreed to meet at a local supermarket.

I wish we knew for sure, the misfiling or misplacement of RA tipping himself in is HUGE to me.

MOO

Is it as HUGE as RA not requesting a speedy trial? He'd be kicked back at home watching football and knocking back Coronas if he had.

 

[MistyWaters]

The ex-defence was appointed almost exactly a year ago. A new team having to start from scratch suggests the ex-team didn’t accomplish anything in an entire year.

Attorneys: Resignation of Richard Allen’s defense team could result in yearlong delay in Delphi murders trial

The trial is now on hold after special judge Frances Gull announced public defenders Bradley Rozzi and Andrew Baldwin stepped away from the case.

www.wthr.com

“I think six to nine months would be highly unrealistic for [Allen] to receive a fair trial, even with two lawyers,” said Moore. “I still think a year, or a year-and-a-half or two years in that timeframe is a more realistic timeframe because they are essentially starting from scratch.”….

…..It’s almost like the case starts over. They have to review every single piece of evidence that was reviewed by prior counsel, just to see where things are and what defenses are viable,” Jackson-Lindsay said. “If you think about how long it took for us to get to this point, I think you can add that exact amount of time in terms of guessing a trial date.” ..”

 

[MistyWaters]

WTHR, the passage of time….how depressing.

Richard Allen case | Full timeline and events so far

A status hearing held in Fort Wayne on Thursday will allow Judge Francis Gull to address both the defense and prosecution ahead of Richard Allen's jury trial.

www.wthr.com

This one point. What on earth made things go so sideways for them??? From a secret defence strategy to a 136 page memo and evidence leaks? Crazyiness!!!
Dec. 9, 2022 - Request for privacy
Richard Allen's attorneys say they want their planned defense kept secret from everyone, including the prosecutor in the Delphi murders case.

 

[FrostedGlass]

3 juveniles see a man, BG, wearing 1) a really light blue jacket or 2) a dark canvas-type jacket and 3) was dressed in all black with something covering his mouth


Rick Allen can't be wearing all of these things; however, police removed "jackets" from his home. Did they find a black one?

Is it as HUGE as RA not requesting a speedy trial? He'd be kicked back at home watching football and knocking back Coronas if he had.

They took a black and gray North End coat but there is no note that it was hooded.

 

[Emma Peel]

Two news reports, what a difference one little word makes. The first is an accurate quote from Hennessy’s brief.

'He was betrayed' | Defense attorney files motion on behalf of Richard Allen attorney

Hours ahead of Richard Allen's status hearing, another defense attorney is stepping in to defend the Delphi murder suspect's counsel.

www.wthr.com

“Hennessy, a longtime defense attorney who has argued on behalf of lawyers throughout Indiana before, argued that a trusted friend to Baldwin was given access to the office space where he kept all Delphi-related items.
"He was betrayed," Hennessy wrote, arguing that Baldwin has since kept "all Delphi-related items locked in a room or a locked fireproof cabinet."

Attorneys For Man Suspected Of Killing Delphi Teens Withdraw From Case After Security Breach

Attorneys for the man accused of killing two teenage girls in Delphi, Indiana, in 2017 have withdrawn from the case after a security breach. Defense attorneys Andrew Baldwin and Bradley Rozzi will no longer represent Richard Allen, 51, after confidential information pertaining to the case was...

www.dailywire.com

“On Thursday, an attorney representing Baldwin said in a memorandum that authorities were investigating the leak and that there are three suspected “disseminators” who “betrayed” Baldwin. Those three allegedly gained access to the case documents, which were kept “locked in a room or a locked fireproof file cabinet.”

Also: What a difference the media source makes.
Local sources are doing the best job, I've noticed. They get the space needed to get full context, full quotes and timeline in each "new development" article. JMHO

 

[Bergmann]

Attorneys: Resignation of Richard Allen’s defense team could result in yearlong delay in Delphi murders trial

The trial is now on hold after special judge Frances Gull announced public defenders Bradley Rozzi and Andrew Baldwin stepped away from the case.

www.wthr.com

DELPHI, Ind — The search for a new attorney to represent the defendant in the Delphi murderstrial – and the delay caused by the appointment of new defense counsel – could take longer than expected, according to the Indiana Public Defender Council.

“Right now, Indiana is facing an attorney shortage,” said IPDC assistant executive director Michael Moore. “So it's very likely this process could take a long time because of the sheer lack of lawyers available.”…

…Some Indiana counties have a public defender agency or special board that appoints public defenders for indigent defendants. That is not the case in Carroll County, where Allen is facing two murder charges. Because Carroll County relies on judicial appointment when assigning a public defender, Gull will have sole discretion in determining who will become Allen’s new defense counsel.

Carroll County is also a member of the Indiana Public Defender Commission, which means any public defender appointed to Allen must have extensive legal experience. The commission requires that its member counties hire attorneys for murder cases who have at least three years of criminal litigation experience and who have served as lead defense counsel in at least three jury trials that were tried to completion. In exchange for meeting the commission standards, member counties qualify for partial reimbursement for their public defender fees…..……”

The selection of the next D is going to be a critical factor in this case.

RA needs a good one, with appropriate time and resources. Good to me also means calm and professional, methodical in approach.

It’s also in J Gulls interests to make sure that this process which she oversees doesn’t get thrown back in her face on appeal (ie being accused that the state took away adequate counsel and replaced it with inadequate etc).

 

[Emma Peel]

Assuming RA remains determined to fight, assuming appointed counsel is competent ...

The entire investigation of this case will be getting a fresh set of eyes.

Gull told Defense to return all discovery to Prosecution. Prosecution keeps it in a box(es), and the day that NEW Defense is appointed, they drop it off with the new Defense? (Likely, yes?)

So ... the Fresh eyes start reviewing the case with a degree of information/discovery advantage ... that the former Defense didn't have at the former D's start on the case. Or so it seems.

There's a discovery schedule/timeline already in place and ...
IIRC ... November 1 was a huge deadline for Prosecution to deliver ALL remaining discovery materials to Defense? I wonder how much that particular discovery deadline will shift?


JHMO

 

[Betty P]

You’re right, it makes very little actual sense. But each person associated with the leaks is said to have been vocally pro-defence my guess would be the photos are perceived to support the Odimism theory in some way. It would make even less sense to intentionally leak photos that damage it. I’m not saying I think it’d be real obvious, using the tree and the F as an example, but it’s usually the case that we see what we want to see.
JMO

I still think the Odinism is a red herring. If there were a group of cult white supremacists in the park area that day, they would have shown up on cell phone data and security cam video, not to mention witnesses reporting more people on the trail.

As for employees in the prison system having Odinism insignia on their uniforms, that's the stupidest thing I've ever heard anyone doing in the criminal justice system. All of those people wearing it and those who approved it should be looking for new jobs. But that's Indiana, I guess.

 

[Emma Peel]

Another thought - on the 136 page Defense Memo ... which was testing waters for a defense theory ... and resulted in a lot of commentary that the O-influence angle is an absurd defense ....

There's been a number of "Absurd Defense Theories" - in other cases - that did the job.

<modsnip - off topic>

 

[Emma Peel]

(sbm)

It’s also in J Gulls interests to make sure that this process which she oversees doesn’t get thrown back in her face on appeal (ie being accused that the state took away adequate counsel and replaced it with inadequate etc).

(quote sbm)
This conundrum for Gull is particularly interesting; she's an appellate judge, I imagine that's forefront in her mind.

 

[FrostedGlass]

Anyone watch the Court TV episode yesterday about the hearing that wasn't? Vinnie manages to mix ex-prosecutor nous with a gentle appreciation of the victims in this case.

Not me. I wasn't sleuthy enough to find it.

 

[Bergmann]

My sense is that yes a new D need to come in with fresh eyes on the evidence as provided, but I do credit B & R with doing a lot of hard work on RAs behalf, putting aside whether you agree with it or like them as people etc.

What they do leave is the good bits inside that controversial and often wayward 136p memo (oh yes amongst about 100 odd pages of other 'stuff' there is some good D work in there) including some key Qs about the LE investigation; Liggett's alleged lie falsely inserting 'bloody' into a witness statement (just why?); and whether the P intentionally deceived J Diener to obtain the search warrant.

I don't care if folks already think RA is guilty and the former D is reaching - there are serious Qs for P to answer. Hopefully a more professional D will approach this in a more methodical manner than their predecessors.

We await the status of the motion for the request for Franks hearing of course.

 

[Bergmann]

Not me. I wasn't sleuthy enough to find it.

I'm not sure I can link it?

But if you go on Youtube Court TV have a channel on there.

 

[MistyWaters]

I still think the Odinism is a red herring. If there were a group of cult white supremacists in the park area that day, they would have shown up on cell phone data and security cam video, not to mention witnesses reporting more people on the trail.

As for employees in the prison system having Odinism insignia on their uniforms, that's the stupidest thing I've ever heard anyone doing in the criminal justice system. All of those people wearing it and those who approved it should be looking for new jobs. But that's Indiana, I guess.

That old theory will make it interesting for the new defence to go with a new theory given how the ex-D presented it to the public. It was as if LE had all the obvious Odinism evidence and suspects in front of their faces and chose to ignore it all, going after Rick the innocent instead.

A different theory would debunk all of that entirely and if anything, this is a great example why criminal defence teams are better off not writing 136 page memos of hear ye.

JMO

 

[FrostedGlass]

That old theory will make it interesting for the new defence to go with a new theory given how the ex-D presented it to the public. It was as if LE had all the obvious Odinism evidence and suspects in front of their faces and chose to ignore it all, going after Rick the innocent instead.

A different theory would debunk all of that entirely and if anything, this is a great example why criminal defence teams are better off not writing 136 page memos of hear ye.

JMO

Maybe folks are too quick to judge.

One thing I think I've learned from reading appeals is one of the best things a defense atty can do for his client is lay a solid foundation for appeal in case the client is found guilty. IMO, this D team has done a good job in that respect.

If I understand correctly, by including the Odinism issues in the memorandum, it's now on record for the possible appeal process.

 

[sunshineray]

I meant LE held no sway over Baldwin as far as what was going to happen to him that day. That was totally in Judge Gull’s hands. (Sorry I wasn’t clear about that.) Yes, LE investigated. That’s their job.
I think it’s very possible Baldwin and the judge learned something more incriminating that morning, and Baldwin felt compelled to resign.
The judge’s actual words in court were…after apologizing to everyone who was there…that the situation that caused the hearing to be cancelled was “clearly out of our hands”. I took that to mean simply that she, and everybody else there, was not expecting Baldwin and Rozzi to quit, so it couldn’t helped.
My simple brain tends to see things simply.

Isn't that when she muttered sonething under her breath?

 

[arielilane]

This describes the damage caused by evidence leaks and why LE often does not reveal every piece of evidence in PCAs (just enough to warrant a search or arrest) because otherwise there becomes nothing left only the killer would know.

I understand that but thank you anyway.