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

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Bergmann said:
'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!
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Why’s he never going to make a conviction stick?
 
FrostedGlass said:
She has already wiped Rozzi's latest filings off the record.
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yeah, that's b/c Gull's sticking with the "you are off this case as of 10/19 buh-bye" timeline.

Also, I imagine, that the Court's newly assigned D counsel ain't gonna announce his/her appearance for this case unless Rozzi's off of it.

At this point, if Rozzi wants to appeal what's gone down this past week, it would need to be an emergency Appeal, with the higher court intervening in the lower court's schedule ...
 
FrostedGlass said:
Her new filings; notice how the order signed dates match with today?

10/27/2023Order 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
10/27/2023Order 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
10/27/2023Order 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
10/31/2023Hearing
Session:
10/31/2023 9:00 AM, Judicial Officer: Gull, Frances -SJ
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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.
We have New Defense Counsel announced by the Court
 
Emma Peel said:
yeah, that's b/c Gull's sticking with the "you are off this case as of 10/19 buh-bye" timeline.

Also, I imagine, that the Court's newly assigned D counsel ain't gonna announce his/her appearance for this case unless Rozzi's off of it.

At this point, if Rozzi wants to appeal what's gone down this past week, it would need to be an emergency Appeal, with the higher court intervening in the lower court's schedule ...
Click to expand...

But does that constitute an emergency to anyone other than R? RA has been appointed new D so it’s not as if he’s been left out in left field, unrepresented.
 
MistyWaters said:
But does that constitute an emergency to anyone other than R? RA has been appointed new D so it’s not as if he’s been left out in left field, unrepresented.
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Sure. Assuming the Higher Court wants to look at the Emergency Appeal(s); the results of the Appeals could affect all parties.

jmho and not saying Rossi is going to Appeal ... it's a potential remedy (from his POV and RA's POV - assuming RA wants his counsel back.)
 
Allen County’s chief public defender reinstated after weeks long suspension
re: new Defense Counsel Lebrato, 2022
As part of his reinstatement, Lebrato must abide by three conditions.

His reinstatement is “subject to his compliance including voluntary participation and compliance with the Judges and Lawyers Assistance Program, the repayment of attorney’s fees incurred during the course of the investigation and that he refrain from any retaliation against any public defender or staff member who participated in our investigation,” Bunnell read from a statement.

The Assistance Program is an agency of the Indiana Supreme Court, Surbeck said, “well respected and rigorous.” Lebrato will undergo a “professional assessment by a clinical psychologist,” Surbeck added.


The suspension was not made public because of “Indiana law,” Surbeck said, that refer to personnel matters, after Larry Gist, local NAACP president, asked the question at the public meeting.
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oh i feel so much better now (?)
 
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Emma Peel said:
Sure. Assuming the Higher Court wants to look at the Emergency Appeal(s); the results of the Appeals could affect all parties.

jmho and not saying Rossi is going to Appeal ... it's a potential remedy (from his POV and RA's POV - assuming RA wants his counsel back.)
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Yes but it‘s a very big assumption that the Higher Court wants to look at it, considering R‘s history on this case also puts the potential issue of his competency to the forefront. JMO
 
MistyWaters said:
Yes but it‘s a very big assumption that the Higher Court wants to look at it, considering R‘s history on this case also puts the potential issue of his competency on the table. JMO
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true true true ... never-the-less Rizzo better get on the stick ... or hop off.
 
Bergmann said:
'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!
Click to expand...
His other thought: Why, oh why didn't I push the council harder for more money?!
 
Jurisprudence said:
He's saying here's my sworn statement that I am staying on the case. Second is to disqualify her bc of how she handled it. Then this afternoon she filed an order (here #349) dated the 19th saying "You're off." Effectively setting up that he no longer has rights to file anything or ask for anything bc he's off the case. But, he filed his first. This is ugly and about to get uglier I think.

jmo

Docs are in link here #349
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FrostedGlass said:
Good on Rozzi for at least getting the issues on record, as he did with the Odin stuff. He was still listed as being the lead attorney for RA when he did that.
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I assume there is proof Judge Gull tampered with the dockets (for legal purposes)? Is the video of her canceling the hearing and saying she expects Rozzi to put in a letter of resignation within the next couple of days proof?
 
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