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

[Salah11]

All this is just farcical and is just over shadowing poor Libby and Abby. I can not even begin imagine what the poor families are going through as they watch this implode. All they want is justice and instead it’s a show of epic proportions.

 

[MistyWaters]

<snipped>
Now, if you look at the docket, you can plainly see the defense motions mentioned are not visible to us, the public. Unless they are sealed, I can't find any reason for us to not be able to see them.

A reason for us not to see the missing motions is that the Judge is the person responsible for gatekeeping this case, not the general public. The ex-D have already been reprimanded several times for their inappropriate behaviours and actions. Perhaps that‘s what set them off on a path of intentional misbehaviour resembling juveniles, leaving in their wake an ugly power struggle.

The ex-D know the Judge is not going to accept any motions that potentially might jeopardize the case. So hey, why not file motions that they darn well know don’t meet legal standard - just so they can accuse the judge of secreting their motions away? We’ve seen hints of how malicious and vindictive the ex-D can be, it’s a sick game to them.

If R really wanted the public to see the missing motions maybe he’ll have to find a way to leak them.

JMO

 

[StarryStarryNight]

I guessed that.

I thought it was kind of red-flaggy that the P and the J directed the ISP to violate APRA but I guess that's just me.

FrostedGlass,

We’ve both been following this case pretty much since day one.
It’s OK if we don’t agree on this. We both want Justice for Libby and Abby when all is said and done.
I still respect all your thoughts on everything, even if we don’t agree.

 

[MistyWaters]

Wow. I just... wow.

MOO

Birds of a feather…adding another Wow, arrested development or what? And to think in todays world schoolyard bullying isn’t allowed but attorneys can get away with it.

Can’t anyone muzzle them? What good does airing their grievances publicly do - it’s not as if it’s a reality game show.

JMO

 

[FrostedGlass]

For those outside the US (ie. me) could you explain what APRA is? There's an Australian thing to do with insurance with the same acronym, and I can't get Google to give me hits for anything else because of my location.

The Access to Public Records Act (APRA), Indiana Code 5-14-3, provides that a person has the right to access information regarding the government and the official acts of public officials and employees. The statute also states that government officials have a responsibility to provide that information to you.

 

[FrostedGlass]

FrostedGlass,

We’ve both been following this case pretty much since day one.
It’s OK if we don’t agree on this. We both want Justice for Libby and Abby when all is said and done.
I still respect all your thoughts on everything, even if we don’t agree.

I feel the same way about you.

 

[O.Incandenza]

Words spoken by the judge; comparing this to R's accusations:

Unexpected turn of events
Mr. Rozzi will be submitting a written motion to withdraw, I'm assuming within the next couple of days.
(Talking to McL) Clearly this is outside of our control
See you in October

It's strange to me how this public statement doesn't really match up with the order on the docket dated the same day. Here she says that she expects Mr. Rozzi to submit a written motion to withdraw in the next couple of days. She doesn't say he has already withdrawn. But she somehow issued an order that same day removing him from the case anyway?

I think Baldwin deserved to be removed from the case. It's a lot less clear with Rozzi IMO. He doesn't share an office or a firm with Baldwin as far as I know, they're just co-counsel. None of the leaks came from his office. There's been no mention of any evidence indicating he was aware of or involved in them.

If you're going to remove him anyway, do it the right way. Give him notice, let him know what the cause for removal is and argue against it, have a hearing on the record. Generate a real record for appeal. Doing it this way is just a total mess.

 

[FrostedGlass]

Hennessy promised to file another motion today but you are stating we won't be allowed to view it in mycase?

“Judge Gull has an overly broad impression of her authority,” Hennessy wrote. “She is mostly just upset about the effectiveness of Attorneys Rozzi and Baldwin in gutting the prosecutions trumped up case against Richard Allen.”

Hennessy said he would be making an additional filing on Friday.

We should be able to unless it's sealed or other reason. We can't see the motion .pdf unless someone posts it on the net.

 

[Cyber sleuth]

Birds of a feather…adding another Wow, arrested development or what? And to think in todays world schoolyard bullying isn’t allowed but attorneys can get away with it.

Can’t anyone muzzle them? What good does airing their grievances publicly do - it’s not as if it’s a reality game show.

JMO

Just another day of D disrespecting the court and the judicial process. All for what? Their egos? They were given a choice. They decided they didn’t want to have the public embarrassment. Live with it.
I don’t believe the victim narrative I am hearing from ex D. It’s all too familiar.

 

[FrostedGlass]

Her new filings; notice how the order signed dates match with today?

10/27/2023	Order Issued Court notes filings by former Attorney Rozzi on October 25, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Order Issued The Court has received requests for media coverage of the October 31, 2023, 9:00 a.m. hearing from the following media outlets: NewsNation, Law and Crime, Court TV, and Channel 13 WTHR. In light of the unauthorized filming and broadcasting of pre-hearing activities in the Courtroom on October 19, 2023, the Court denies these requests in full. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Order Issued Defendant remains entitled to Count-appointed counsel. Court appoints Attorney Robert Scremin and Attorney William S. Lebrato as Contract Public Defenders to represent the defendant. Counsel ordered to enter their appearances as Public Defenders on behalf of the Defendant. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/31/2023	Hearing Session: 10/31/2023 9:00 AM, Judicial Officer: Gull, Frances -SJ

 

[MistyWaters]

The Access to Public Records Act (APRA), Indiana Code 5-14-3, provides that a person has the right to access information regarding the government and the official acts of public officials and employees. The statute also states that government officials have a responsibility to provide that information to you.

One issue is not all information is considered public information, for example one could not file a request for a police file during an active investigation, even though it’s being conducted in an official government capacity.

How to request a public record in Indiana

Everyone has the right to request records from public agencies. Here's how to make the most of Indiana's public records law.

www.indystar.com

 

[iamshadow21]

All this is just farcical and is just over shadowing poor Libby and Abby. I can not even begin imagine what the poor families are going through as they watch this implode. All they want is justice and instead it’s a show of epic proportions.

I might have expected the kind of things we've seen from the decades around the turn of the last century from the likes of Clarence Darrow, the difference being, for the most part, Darrow was very good at his job and saved many, if not all of his clients from being given a death sentence. He also got in very hot water for things like bribing witnesses and basically conducting the trial in advance in the yellow newspapers of the day. He was a showman, and he liked the spotlight, but it all pivoted around his strong ethical standpoint against the death penalty. His job, he believed, was to save his client's life, and he felt the weight of every client he failed to save. I don't know what the players in this case stand for at this point, but I'm not convinced justice or their client's life is featuring as heavily in their priorities as sordid headlines and CYA. I'm open to being persuaded, but each new development is making me less and less encouraged that RA will get a fair and competent defense with the people so far* assigned to the position. He deserves his day in court with people standing beside him who are concentrating on what they can do to get the best outcome for him.

MOO

* I see the names of the new defense team have just been published, I am not talking about them, but the former team.

 

[FrostedGlass]

She has already wiped Rozzi's latest filings off the record.

 

[TL4S]

Her new filings; notice how the order signed dates match with today?

10/27/2023	Order Issued Court notes filings by former Attorney Rozzi on October 25, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Order Issued The Court has received requests for media coverage of the October 31, 2023, 9:00 a.m. hearing from the following media outlets: NewsNation, Law and Crime, Court TV, and Channel 13 WTHR. In light of the unauthorized filming and broadcasting of pre-hearing activities in the Courtroom on October 19, 2023, the Court denies these requests in full. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Order Issued Defendant remains entitled to Count-appointed counsel. Court appoints Attorney Robert Scremin and Attorney William S. Lebrato as Contract Public Defenders to represent the defendant. Counsel ordered to enter their appearances as Public Defenders on behalf of the Defendant. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/31/2023	Hearing Session: 10/31/2023 9:00 AM, Judicial Officer: Gull, Frances -SJ

Both new attorneys are out of Fort Wayne, IN.

One has a website:
Attorney | Robert Scremin Law Office | Fort Wayne

 

[Emma Peel]

Her new filings; notice how the order signed dates match with today?

10/27/2023	Order Issued Court notes filings by former Attorney Rozzi on October 25, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Order Issued The Court has received requests for media coverage of the October 31, 2023, 9:00 a.m. hearing from the following media outlets: NewsNation, Law and Crime, Court TV, and Channel 13 WTHR. In light of the unauthorized filming and broadcasting of pre-hearing activities in the Courtroom on October 19, 2023, the Court denies these requests in full. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Order Issued Defendant remains entitled to Count-appointed counsel. Court appoints Attorney Robert Scremin and Attorney William S. Lebrato as Contract Public Defenders to represent the defendant. Counsel ordered to enter their appearances as Public Defenders on behalf of the Defendant. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/31/2023	Hearing Session: 10/31/2023 9:00 AM, Judicial Officer: Gull, Frances -SJ

Do yesterday's new entries from the Court still bear wrong date of 10/19/23? I feel like I saw that was corrected to 10/26

 

[MistyWaters]

Just another day of D disrespecting the court and the judicial process. All for what? Their egos? They were given a choice. They decided they didn’t want to have the public embarrassment. Live with it.
I don’t believe the victim narrative I am hearing from ex D. It’s all too familiar.

One of my all time pet peeves is people who huff and puff in an attempt to garner public sympathy from strangers instead of dealing with the issue through proper channels.

Anyway good news, now they’ve been replaced. Onward in the name of Justice!

 

[FrostedGlass]

One issue is not all information is considered public information, for example one could not file a request for a police file during an active investigation, even though it’s being conducted in an official government capacity.

How to request a public record in Indiana

Everyone has the right to request records from public agencies. Here's how to make the most of Indiana's public records law.

www.indystar.com

The issue with McL and the judge ordering ISP to seal the charging docs is considered public information. ISP violated. ISP were warned about that one other time.
Here it is:

https://www.in.gov/pac/files/advisory/22-FC-157.pdf

 

[MistyWaters]

Both new attorneys are out of Fort Wayne, IN.

One has a website:
Attorney | Robert Scremin Law Office | Fort Wayne

Looks like a highly qualified capable pair. Just a cursory search suggests one was an ex-prosector and the other a chief public defender.

 

[FrostedGlass]

Do yesterday's new entries from the Court still bear wrong date of 10/19/23? I feel like I saw that was corrected to 10/26

This one? It's still the same.

10/26/2023

Order Issued Court notes the following pleadings which may be resolved without further argument or hearing: 1. Defendant's Motion for Broadcasting Order is overbroad. The Court will consider broadcast requests by the media (after notice to the Defense and the State) on a hearing-by-hearing basis. Therefore, the Motion for Broadcasting Order is denied. 2. Defendant's Motion to Quash Subpoenas (requested by the State for defendant's medical and mental health records) is granted as the State is not entitled to such records. 3. Defendant's Verified Motion for Immediate Transfer of Custody is denied based upon the State's Response and attached Affidavits. The Defense multiple Motions for a Franks Hearing remain unresolved as the Court is still reviewing the thousands of pages of exhibits attached to the Motions, as well as the multiple hours of digital evidence submitted by counsel. The Court will continue to review same. Defendant's Motion to Suppress and Supplemental Motions to Suppress, as well as the State's Responses, will be set for hearing upon resolution of the defense Franks Motions. Prior to the scheduled hearing this date, Attorneys Rozzi and Baldwin advise the Court they will be withdrawing their representation of the defendant. Court accepts their representations and orders them withdrawn from the cause. Counsel ordered to comply with the previously entered Protective Order on Discovery and are ordered to turn the discovery over in full to the State of Indiana to be made available to successor counsel. Court requests their cooperation with successor counsel in the best interests of their former client, but is not requiring them to cooperate. Court will maintain the hearing currently scheduled for October 31, 2023, at 9:00 a.m. in the Carroll Circuit Court for successor counsel to appear. Clerk of the Carroll Circuit Court ordered to remove Attorneys Baldwin and Rozzi as attorneys of record in this cause. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Baldwin, Andrew Joseph Noticed: Rozzi, Bradley Anthony Order Signed: 10/19/2023

 

[Bergmann]

Her new filings; notice how the order signed dates match with today?

10/27/2023	Order Issued Court notes filings by former Attorney Rozzi on October 25, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Order Issued The Court has received requests for media coverage of the October 31, 2023, 9:00 a.m. hearing from the following media outlets: NewsNation, Law and Crime, Court TV, and Channel 13 WTHR. In light of the unauthorized filming and broadcasting of pre-hearing activities in the Courtroom on October 19, 2023, the Court denies these requests in full. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Order Issued Defendant remains entitled to Count-appointed counsel. Court appoints Attorney Robert Scremin and Attorney William S. Lebrato as Contract Public Defenders to represent the defendant. Counsel ordered to enter their appearances as Public Defenders on behalf of the Defendant. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/31/2023	Hearing Session: 10/31/2023 9:00 AM, Judicial Officer: Gull, Frances -SJ

'Here now comes your judge the honorable Frances Gull, doubling down on her previous illegal ruling...'

Seriously, spare a thought for NMcL. He must be thinking - 'for the love of God please stop, you're literally wriitng the appeal for them..'. Even if he finally gets a conviction he's never going to be able to make it stick!