IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #169

[LaurelTedytamer]

That motion for continuance filed by Rozzi seems very to the point compared to the Franks memorandum.

Am curious if Baldwin’s office do the Franks memorandum ?

 

[Emma Peel]

oh for pete's sake.

EDIT: Oh DOUBLE for pete's sake, TWAL thanks for posting the 2nd page of the motion.
Which shows that what I've jiggsawed below (b4 seeing 2nd page) was apparently, approximately correct. Rozzi is attacking the Court. (And now, I have no idea how he can stay... unless they get a new Court.)
Rozzi wants his client to have a new Judge. Interesting.

Where's the motion for the judge to DQ herself, does another body DQ her? where's the law supporting when judges need to DQ themselves?

WARNING - this 2nd page of the Motion, thru #8, is not the end. oh help and bother. WHERE's THE WHOLE MOTION?

dockets should not be like 40 year jigsaw puzzles with missing pieces everywhere.

So, it seems Rozzi didn't withdraw (yet)?

Some Defense person is (obviously) going to show up and represent RA on the 31st b/c Court Order has mobilize RA's transfer to Court for the 31st. Is it New Defense? Is it Rozzi?

Rozzi's new Motion: He wants the hearing on Oct 31 to be continued. Why?

IMO - Some missing puzzle pieces are found, and some new ones go missing in Rozzi's Motion ...
but I'll give it a try.

Rozzi's Motion states:
That Court ordered Defense on October 14th that they were to STOP working on the case.
(That has to be b/c of the LEAK, But ... we've not seen that order published on Docket?)
That on Oct 19th, the Court "engaged in actions which resulted in the Court ordering Baldwin oral withdrawal" ...
i.e. on the 19th in Chambers, the Court engaged in "actions" (???? WHAT ACTIONS). Obviously, Court gave Baldwin an ultimatum ... and accepted his oral withdrawal.

IMO, looks like Court held a dismissal hearing in chambers and booted Baldwin.
IMO, looks like Rozzi on the 19th was expected to withdraw (not forced) ... then, later he did not withdraw. (Court stated to gallery that Rozzi would follow w/ a written withdrawal; perhaps prematurely.) (As others have pointed out, Baldwin took the bullet for the LEAK.)

So Rozzi (who has not (yet?) withdrawn) files this continuance Motion?
'
Rozzi explains he needs continuance b/c he's not prepared to argue on the 31st b/c the Court had
not released RA's defense - Rozzi from the "STOP working on the case" ORDER - so he hasn't been prevented by that Court Order to prepare arguments ...

Rozzi also says, by the way, What the Heck are we meeting for on October 31 hearing? What's the hearing subject? Supression? Franks Motion 1, 2, or 3 or all of the above?

Did I read that motion correctly? How come we only have one page of Rozzi's Motion? Argh.

If Rozzi stays on Defense, isn't RA entitled to a full Defense Team? Doesn't Rozzi need support? i.e. a new Defense partner. Does Rozzi get to make suggestions to the Court? Does RA get to say yay or nay on the Court's choice?

And what continuance is reasonable to get new D partner on board?

 

[FrostedGlass]

Are these 2 different transcripts? What does Felony Judicial Assistant mean in this context?

From Wikipedia:

“In law in the United States a praecipe is a document that either (A) commands a defendantto appear and show cause why an act or thing should not be done;[6] or (B) requests the clerk of court to issue a writ and to specify its contents, [though US Clerks are variously limited to handle minor precepts (typical status adjustments) in the name of the Court (i.e., a Clerk cannot issue any forceful or mandamus writ)].[citation needed]. The writ was often issued to amend or change a subsequent order or to correct an error that may have been missed earlier.”

Praecipe - Wikipedia

en.m.wikipedia.org

I'm guessing he was requesting a transcript of one of the conferences and that request went to the court reporter and maybe the judge's assistant. Whatever it is, he hasn't gotten it yet.

There are a lot of things in this case that I haven't seen in others.

 

[TL4S]

oh for pete's sake.

EDIT: Oh DOUBLE for pete's sake, TWAL thanks for posting the 2nd page of the motion.
Which shows that what I've jiggsawed below (b4 seeing 2nd page) was apparently, approximately correct. Rozzi is attacking the Court. (And now, I have no idea how he can stay... unless they get a new Court.)
Rozzi wants his client to have a new Judge. Interesting.

Where's the motion for the judge to DQ herself, does another body DQ her? where's the law supporting when judges need to DQ themselves?

WARNING - this 2nd page of the Motion, thru #8, is not the end. oh help and bother. WHERE's THE WHOLE MOTION?

dockets should not be like 40 year jigsaw puzzles with missing pieces everywhere.

So, it seems Rozzi didn't withdraw (yet)?

Some Defense person is (obviously) going to show up and represent RA on the 31st b/c Court Order has mobilize RA's transfer to Court for the 31st. Is it New Defense? Is it Rozzi?

Rozzi's new Motion: He wants the hearing on Oct 31 to be continued. Why?

IMO - Some missing puzzle pieces are found, and some new ones go missing in Rozzi's Motion ...
but I'll give it a try.

Rozzi's Motion states:
That Court ordered Defense on October 14th that they were to STOP working on the case.
(That has to be b/c of the LEAK, But ... we've not seen that order published on Docket?)
That on Oct 19th, the Court "engaged in actions which resulted in the Court ordering Baldwin oral withdrawal" ...
i.e. on the 19th in Chambers, the Court engaged in "actions" (???? WHAT ACTIONS). Obviously, Court gave Baldwin an ultimatum ... and accepted his oral withdrawal.

IMO, looks like Court held a dismissal hearing in chambers and booted Baldwin.
IMO, looks like Rozzi on the 19th was expected to withdraw (not forced) ... then, later he did not withdraw. (Court stated to gallery that Rozzi would follow w/ a written withdrawal; perhaps prematurely.) (As others have pointed out, Baldwin took the bullet for the LEAK.)

So Rozzi (who has not (yet?) withdrawn) files this continuance Motion?
'
Rozzi explains he needs continuance b/c he's not prepared to argue on the 31st b/c the Court had
not released RA's defense - Rozzi from the "STOP working on the case" ORDER - so he hasn't been prevented by that Court Order to prepare arguments ...

Rozzi also says, by the way, What the Heck are we meeting for on October 31 hearing? What's the hearing subject? Supression? Franks Motion 1, 2, or 3 or all of the above?

Did I read that motion correctly? How come we only have one page of Rozzi's Motion? Argh.

If Rozzi stays on Defense, isn't RA entitled to a full Defense Team? Doesn't Rozzi need support? i.e. a new Defense partner. Does Rozzi get to make suggestions to the Court? Does RA get to say yay or nay on the Court's choice?

And what continuance is reasonable to get new D partner on board?

Allen Noticepdf.pdf
Allen Motionpdf.pdf

 

[Emma Peel]

So, let me get this Straight.

Gull makes Defense team stop working on case by ORDER (that was not made public) on October 14,
Then went about ginning up camera and national news coverage for October 19th, then ambushed the Defense intending to publicly humiliate them with a scathing letter she prepared without ever hearing out the Defense team, nor telling them what information she had received about Defense that was so egregious.

(per Rozzi's Motion.)

(Yeah, Rozzi is throwing Judicial Conduct complaint against Gull. They should get along just fine in the future, don't ya think?)

To my sense of openness and fairness in the Court system ... This is more like it, frankly. Fight in the open. May the best team win. (Judge v Defense Counsel) Better NOW - pre-trial, than during Trial.

And may it lead to a trial that no longer has the risks of accusations as to unfairness/bias interfering with justice - for the sake of all involved.

JMHO

 

[DeDee]

Going over the defense filings now- Verified motion to continue representation by Rozzi and Motion to disqualify the judge!

One of the hosts was able to obtain the entire filing before it was sealed.

Can we post screenshots from the video since they have access to more pages of the filing than what's been posted here, thus far?

Paraphrasing what JG was planning to state in her prepared statement, Rozzi wrote
8. b.

 

[zh0r4]

MOTION TO DISQUALIFY (8 pages)
10/25/2023
Filed: 7:51 (?)

EDIT: to remove AM from 7:51 because it is cut off in the doc

 

[arielilane]

@fien_X made a FOIA request regarding #RichardAllen's military records.
Great Job!

Hmmm:
*Honorable Discharge
*No disciplinary actions
*Points towards retirement also requested and received

Hmmmm

And now here he sits in Max Security, eating paper and throwing IPads. People say an act. I am not convinced.

Did he kill #Abby and #Libby? Perhaps.His "confessions" will be the key.

https://twitter.com/x/status/1717602399567630665

https://twitter.com/CoffindafferFBI

 

[DeDee]

MOTION TO DISQUALIFY (8 pages)
10/25/2023
Filed: 7:51am

Thank you for posting Rozzi's filing

Does anyone have the time or inclination to look up the Judicial rules (Indiana Code of Judicial Conduct) Rozzi accuses JG of breaking? Judicial rules: I.2, 2.2, 2.3, 2.6, 2.8, 2.11. TIA


last page with sig

 

[StarryStarryNight]

I am so sick of all of this.
Mostly the defense, but really all of it.
If only the judge had done her job in a more timely manner in the last year on everything. If only the defense would stick to “lawyering” instead of fiction writing.
It‘s pathetic what this case has devolved into.

 

[Emma Peel]

Allen Noticepdf.pdf
Allen Motionpdf.pdf

Thank u TL4S.

THERE's the story. The Gull Order-out-of-Nowhere for Defense to quit working on the case last week (which we've never seen) ... prompted the Hennessey memo. Pretty clear now why Baldwin reached out to another long-time Criminal Defense expert. MOO

Last week's hearing - so clearly absurd - zero transparency. Many (including me) - could only conclude there was a cover-up afoot. more MOO

... but here we are.

FWIW- MS commented that Rozzi looked absolutely furious when he came into courtroom to gather RA's wife and mom and escort them away prior to the Court gaveling in.

Gotta hand that accurate observation to Murder Sheet ... Rozzi was absolutely furious, indeed. Not at Baldwin, not at Prosecution, but at Gull.

IMO, It's fair for Gull to berate the Defense over their unprofessionalism.
But a fair process ... involves a fair proceeding ...it is everything ... even when you're determined to fire someone's arse.

Maybe Gull told the Defense "one more leak and you're gone" the last time. But if she did, she never recorded that condition.

JMO

 

[MistyWaters]

So, let me get this Straight.

Gull makes Defense team stop working on case by ORDER (that was not made public) on October 14,
Then went about ginning up camera and national news coverage for October 19th, then ambushed the Defense intending to publicly humiliate them with a scathing letter she prepared without ever hearing out the Defense team, nor telling them what information she had received about Defense that was so egregious.

(per Rozzi's Motion.)

(Yeah, Rozzi is throwing Judicial Conduct complaint against Gull. They should get along just fine in the future, don't ya think?)

To my sense of openness and fairness in the Court system ... This is more like it, frankly. Fight in the open. May the best team win. (Judge v Defense Counsel) Better NOW - pre-trial, than during Trial.

And may it lead to a trial that no longer has the risks of accusations as to unfairness/bias interfering with justice - for the sake of all involved.

JMHO

Seems an accurate description of the situation, noting the defense has publicly accused the prosecution and LE of incompetence and lying. Therefore I think the Judge is right to get everything out in open court, especially if other known instances of “gross negligence” beyond the leak have been committed, allowing the D to defend their actions.

R comes across as if the Judge is picking on the D but the reality is I suspect he doesn’t want both sides of the story to be known. His best chance at preventing that is aiming to disqualify the judge. JMO

 

[Emma Peel]

one more thing to notice:

(edit)

(per Rozzi's Motion.)

There's tough but fair.
And then ... there's tough don't care.
And then ... there's Vindictive. JMHO

 

[MistyWaters]

Notice of Continuing Representation - 5 pages, here:

”shamed in public” is a big deal to R, while the public asks for transparency. There’s a wide gap IMO.

Delphi defense attorney claims judge forced attorney’s withdrawal, requests judge be removed from case

The sole defense attorney who remains on the Delphi murders case is claiming the judge forced the defense team to withdraw before last week’s hearing.

www.21alivenews.com

 

[zh0r4]

VERIFIED NOTICE OF CONTINUING REPRESENTATION

10/25/2023
7:51 PM

 

[tlcya]

oh Lort, Rozzi in the linked above motion about the Odinist fan fiction motion: "it is an impressive piece of legal writing and has been lauded by expert defense counsel across the nation."



Sorry but I really need that laughing while rolling on the floor emoticon back

 

[Emma Peel]

oh Lort, Rozzi in the linked above motion about the Odinist fan fiction motion: "it is an impressive piece of legal writing and has been lauded by expert defense counsel across the nation."



Sorry but I relly need that laughing while rolling on the floor emoticon back

oh that's funny.
I don't understand where that link came from? I must have missed it in Rozzi's 8 page motion?

laud/laugh ... tomayto/tomahto

 

[StarryStarryNight]

oh Lort, Rozzi in the linked above motion about the Odinist fan fiction motion: "it is an impressive piece of legal writing and has been lauded by expert defense counsel across the nation."



Sorry but I relly need that laughing while rolling on the floor emoticon back

Well this truly is pathetic.
He is obviously deluded.
Why are they clinging so tightly to this case? Go away.
Please get this last clown off this case, so RA can get proper representation and Libby and Abby can have a chance at justice.

 

[tlcya]

oh that's funny.
I don't understand where that link came from? I must have missed it in Rozzi's 8 page motion?

laud/laugh ... tomayto/tomahto

Allen Motionpdf.pdf

top of page 5 Allen's response to paragraph d.

tomayto/tomhto indeed tee hee

 

[Emma Peel]

Allen Motionpdf.pdf

top of page 5 Allen's response to paragraph d.

tomayto/tomhto indeed tee hee

Thank u again tlcya.
(I'm supposed to be workin'. So thank you for helping me cheat. This is MUCH more fun than workin'.)