IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #170

[Emma Peel]

Mystery solved as to origin of more recent documents here.
These are Additional Records added to SCOIN Docket for today's Motion 11-6-23 and/or last week's Motion from 10/20/23. (Still working on which date these were filed ... or perhaps augmented w/ a larger file, same name?)
(Haven't seen these on here yet. -- It's the google drive from downloading at SCOIN docket.)
(Vol 1 looks new to me, see exhibit K and U for example.)
note - these google drives take a long time to populate ... but eventually, they do.


RECORD OF PROCEEDINGS: VOL 1

RECORD OF PROCEEDINGS: VOL 2

 

[Emma Peel]

speedy trial request.

 

[DeDee]

I'm curious about the Record of Proceedings in the two SC appeals.
Are these two versions the same or has the latest one grown in size?
These aren't clickable but we have the one from 10/30.
If the second one has more info, it would be great if we had it.
How many pages are in a volume?

10/30/2023

Record of Proceedings (Original Action) Certificate of Service- Electronically Served 10/30/23 Party: Allen, Richard M. File Stamp: 10/30/2023

11/06/2023

Record of Proceedings (Original Action) - Two (2) Volumes Party: Allen, Richard M. File Stamp: 11/06/2023

On this usage of the word volume, the court is entering two recordings. or two volumes, that contain transcriptions of court proceedings.

One truly needs to be a Legal Eagle to be able to follow all of the legalese, motions and leaks and news releases these days. It's so different from the long, quiet days when we impatiently awaited an arrest or more recently as we plodded slowly toward trial but 2023 has been wild. Whew.

I think when we inspect the leak's origins, we may find it was leaked in order to cause chaos and confusion so that the Defense Team would be ruined, finished. There may be an obvious paper money trail or not to the D's enemy. A friend doesn't sabotage your law practice. A friend willing to betray is an enemy.

 

[Emma Peel]

It just hit me that today's SCOIN motion didn't go after the pro-bono issue.
The motion was for reinstatement of B & R as RA's public defenders ... left it at that.

So the pro-bono option is not in these papers. A strategic decision apparently? JMO

 

[Emma Peel]

On this usage of the word volume, the court is entering two recordings. or two volumes, that contain transcriptions of court proceedings.

One truly needs to be a Legal Eagle to be able to follow all of the legalese, motions and leaks and news releases these days. It's so different from the long, quiet days when we impatiently awaited an arrest or more recently as we plodded slowly toward trial but 2023 has been wild. Whew.

I think when we inspect the leak's origins, we may find it was leaked in order to cause chaos and confusion so that the Defense Team would be ruined, finished. There may be an obvious paper money trail or not to the D's enemy. A friend doesn't sabotage your law practice. A friend willing to betray is an enemy.

#902
see my post just above at #902

 

[zh0r4]

I am not familiar with docket like @FrostedGlass, but this is a rough (incomplete) compilation of PDFs of motions with dates. I haven’t gone through everything as of today. Feel free to add anything I’m missing! TIA

~09/18/2023~

MEMORANDUM IN SUPPORT OF THE ACCUSED’S MOTION FOR FRANKS HEARING
Baldwin & Rozzi, filed 9/18/2023
DELPHI: Memorandum in Support of Motion PDF | PDF | Prosecutor | Police

~10/25/2023~

MOTION TO DISQUALIFY
Rozzi, filed on 10/25/2023
Allen Motionpdf.pdf

VERIFIED NOTICE OF CONTINUING REPRESENTATION
Attorney Rozzi, filed 10/25/2023
Allen Noticepdf.pdf

PRAECIPE FOR TRANSCRIPT
Attorney Rozzi, filed 10/25/2023
Allen Praecipepdf.pdf

~10/26/2023~

MOTION FOR CONTINUANCE
Rozzi, filed 10/26/2023
1pdf.pdf

~10/27/2023~

PRAECIPE
Attorney Hennessy, filed 10/27/2023
Adobe Acrobat

~10/30/2023~

RELATOR’S BRIEF IN SUPPORT OF PETITION FOR WRITS OF MANDAMUS AND PROHIBITION
Smith, Wieneke, & Cook, filed 10/30/2023
Brief in Support of Petition for.pdf

PERMANENT WRIT OF MANDAMUS AND PROHIBITION
Smith, Wieneke, & Cook, filed 10/30/2023
REC Permanent Writ.pdf

VERIFIED PETITION FOR WRIT OF MANDAMUS AND PROHIBITION
Smith, Wieneke, & Cook, filed 10/30/2023
Petition_for_Writ_of_Mandamus_an.pdf

RECORD OF PROCEEDINGS FOR ORIGINAL ACTION (240 pages)
Smith, Wieneke, & Cook, filed 10/30/2023

Record of Proceedings.pdf

~11/2/2023~

DEFENDANT’S MOTION FOR TRANSCRIPTS
Wieneke, filed on 11/2/2023

(Pictures, I can’t find the link yet)

~11/3/2023~

Supreme Court Response to Extension
Loretta Rush, Chief Justice of Indiana, filed 11/3/2023
Adobe Acrobat

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITION FOR WRITS OF MANDAMUS AND PROHIBITION
Gull, Gutwein, & Stake, Filed 11/3/2023
Adobe Acrobat

~11/6/2023~

RELATOR’S BRIEF IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS
Leeman & Wieneke, filed 11/6/2023
Adobe Acrobat

VERIFIED PETITION FOR WRIT OF MANDAMUS
filed 11/6/2023

Petition for Writ of Mandamus.pdf

MOTION FOR TRANSCRIPT
filed 11/6/2023
Motion for Transcript.pdf

RECORD OF PROCEEDINGS VOL. 1 (246 pages)
filed 11/6/2023

Record of Proceedings Volume 1.pdf

RECORD OF PROCEEDINGS VOL. 2 (41 pages)
filed 11/6/2023
Record of Proceedings Volume 2.pdf

SUPREME COURT ORDER ON EMERGENCY WRIT
filed 11/6/2023

https://x.com/sleuthiegoosie/status/1721624370110455911?s=46&t=rlxmmTQVKLhzP78ILfWjKQ

 

[sunshineray]

Yes; the Prosecution gets a bye on breaching the gag order, no consequence ...
and demands the Defense - be DQ'd.

I'm guessing BM will or has already been interviewed in the investigation as to the date(s) she recieved certain information. For all we know it could have been after the first defense faux pas leak or the last one when MW made reproductions of not just photos. For all we know it could have been from info AB shared with MW while strategizing theories with the discovery info, which he then leaked and it was futher leaked. We know he's certainly capable of leaking sensitive material. AJMO

 

[Emma Peel]

Mystery solved as to origin of more recent documents here.
These are Additional Records added to SCOIN Docket for today's Motion 11-6-23 and/or last week's Motion from 10/20/23. (Still working on which date these were filed ... or perhaps augmented w/ a larger file, same name?)
(Haven't seen these on here yet. -- It's the google drive from downloading at SCOIN docket.)
(Vol 1 looks new to me, see exhibit K and U for example.)
note - these google drives take a long time to populate ... but eventually, they do.


RECORD OF PROCEEDINGS: VOL 1

RECORD OF PROCEEDINGS: VOL 2

copying my previous post to add:

In the copied post above there's a link to Vol 1. and Vol 2. of today's SCION EXHIBITS accompanying today's Motion - some of the Exhibits we've seen with the previous Oct 30 SCION filing.

Just FYI you may want to see these exhibits b/c their newly available never before seen etc.:

Exhibit K 10/12/2023 Letter to Court from Attorney Rozzi p.213
Exhibit T 10/31/2023 Transcript of hearing held on October 31, 2023 p 20
Exhibit U 10/18/2023 Affidavit from Mitchell Westerman p 33

(Thanks to @Jurisprudence for pointing the transcript to us.)

There's other Exhibits in Vol 1 and 2 but (IMO) we've seen them before in the Oct 30th SCION pleadings. MOO

 

[zh0r4]

I don't know where all these docs are coming from... but here is the Ex Parte Pleading from 10/12 submitted by Rozzi (found on reddit)
View attachment 458719View attachment 458720View attachment 458721View attachment 458722View attachment 458723View attachment 458724View attachment 458725

Thank you @Jurisprudence & @Emma Peel for help with all of these docs!

These are from p. 214-220, RECORD OF PROCEEDINGS Vol. 1 (Filed 11/6/2023)

Record of Proceedings Volume 1.pdf

drive.google.com

 

[zh0r4]

I'm guessing BM will or has already been interviewed in the investigation as to the date(s) she recieved certain information. For all we know it could have been after the first defense faux pas leak or the last one when MW made reproductions of not just photos. For all we know it could have been from info AB shared with MW while strategizing theories with the discovery info, which he then leaked and it was futher leaked. We know he's certainly capable of leaking sensitive material. AJMO

This is the official letter re: the leaks, which references official doc RECORD OF PROCEEDINGS VOL. 1, p. 214-220 (link below). I would love to hear what you think, it is an interesting read. JMO.

Post in thread 'IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #170'
IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #170

Record of Proceedings Volume 1.pdf

drive.google.com

 

[katydid23]

If he was not on the list, I would imagine that the others in the office would have been suspicious of him going freely in and out of where the discovery was kept.

According to the document *[1] all he did was slip into a conference room, one time, and he saw the photos there in that room.And then copied them.

So he wasn't going in and out of where discovery was kept. Apparently it had been left out in an empty conference room. That seems very negligent.

And there was no mention of him being signed in as someone allowed by the court to do so.

We can't know the answers to our questions because JG decided to do this all behind closed doors and can't or won't (for whatever reasons) release the transcript.

Brief
*[1]
In August 2023, a former employee of Attorney Baldwin’s office, Mitchell Westerman, stopped by Baldwin’s office to visit. [R2, 34]. Westerman slipped into a conference room where he found crime scene photos, and by his own admission secretly photographed some of the discovery material and disseminated it

 

[katydid23]

From the 11/6/23 brief filed w/ SCION;
HERE's GULL's Chambers Conference Written Statement's LIST OF "GROSS NEGLIGENCE"

and• A third party impermissibly photographing discovery without the knowledge or consent of either lawyer.

I wonder whose wording this^^^ was because I don't think this explains the negligent part very well.

The negligence comes from the fact that the 'sealed' discovery photos were left, unattended in an unlocked conference room. And left unattended long enough for a visitor to walk in unnoticed and snap photos, without being stopped.

It's not just that a 3rd party took photos w/out consent---it's that they were able to do so because of the negligence of the attorneys.

 

[katydid23]

Wieneke also tweeted boosting this article about Odinist white supremecist killers: White supremacists are killing in the name of an ancient Nordic religion

https://twitter.com/x/status/1721554576552182225

So white supremacists killed two little white girls?

 

[katydid23]

I think this may be stepping out of her lane. I hope this doesn't come back to damage the matter currently before the court.

jmo

ETA: Unless she tied this in somehow as relevant in this morning's brief (haven't read that yet)

That article she cited does not even make a credible case for the existence of an actual cult of Odinists. There are a few disparate, one off, examples of various kooks who claimed to follow Odin as their Norse God. And various anecdotes.

But no examples of any ritualistic cult killings done by Odinists in the forest. What was the point of even linking this article?

 

[zh0r4]

I am reading the court transcript from 10/30 (p. 20-31, Record of Proceedings Vol.2, linked below) and blown away at this interaction. JG is, IMO, a scary example of judicial overreach. I have faith SCOIN will address this situation appropriately. AJMO.

Bbm

This is from p. 28-30 re: AB and BR’s “gross negligence”:

“THE COURT (the Judge): And we, again, would pick the jury in Fort Wayne and bring them here to Carroll County for the trial. There's a pending motion to suppress, there is the Franks that is not yet - I haven't finished even reading it or going through all of the hours of interviews that were provided on a flash drive- so you'll need a hearing date for that. Once you get the discovery and once you've had the opportunity to review the pleadings, you could either adopt those
pleadings or make your own, it's up to you. Anything else from the State?

MR. BALDWIN: Judge, we want to create a record on - to be clear on what you're doing: You are disqualifying Brad and me; is that correct?

THE COURT: Correct.

MR. BALDWIN: We would like to be heard through my attorney, David Hennessy.

THE COURT: Sure.

ATTORNEY DAVID HENNESSEY: Good morning, Your Honor. I do have a limited appearance on record which hasn't been removed or disqualified. The Court has my preliminary memorandum about disqualification when Mr. Rozzi and Mr. Baldwin were appointed counsel. This is yet different. The law that I gave the Court is even more certain. The Court appears to be saying that it's protecting Mr. Allen, but the Court's finding of gross negligence was summary, without notice, without the opportunity to be heard. Had you given Mr. Rozzi and Mr. Baldwin notice of your intentions on October 19th when they were formed, which seems to be like a week earlier, then they could have been prepared. I can tell you this on behalf of both of these gentlemen, you would have the Indiana Public Defender Council come testify, you would have competent attorneys from across the state come testify, you would have defense counsel that are - have been declared experts in criminal defense. Mr. Baldwin's one of a handful of lawyers in the state that's certified in criminal defense. So your summary ruling violates the Constitution and your summary ruling is unfair to everyone, especially Mr. Allen, because he was never able to make a record. Your finding of gross negligence, what you cited to them in chambers, which has never been put on the record, is not gross negligence, it's a zealous representation, maybe too zealous for the Court's favor, but it was good lawyering. The memorandum on the Franks issue is a work of art. It's legal writing at its best.

THE COURT: This has nothing to do with the Franks issue, sir.

MR. HENNESSEY: No, but that -

THE COURT: Nothing to do with that, so please stay -

MR. HENNESSEY: No, it has to do with your finding of gross negligence, and what I'm citing to the Court are the activities -

THE COURT: I never mentioned the Franks -

MR. HENNESSEY: I’m sorry?

THE COURT: Never mentioned the Franks hearing, never mentioned the motions, sir.

MR. HENNESSEY: Okay. You mentioned the transport orders. Unfortunately, the public and I - I was not allowed in representing Mr. Baldwin, and unfortunately, the public and I aren't privy to the recording of the session outside the presence of Mr. Allen. He has a right to be present at every critical stage of the proceedings. When the Court coerces a withdrawal or quitting, that's a critical stage of the proceedings. He wasn't present. And I'd be happy to address each and every point that you think constitutes gross negligence. I've practiced criminal defense for 40 years. I understand and know in detail what these two lawyers have done on behalf of Mr. Allen has been nothing but zealous representation. So thank you - I have no expectation you'll change your mind -for allowing us to make a more complete record about your finding of gross negligence in disregard for Mr. Allen and unfairness to Mr. Baldwin and unfairness to Mr. Rozzi.

THE COURT: Thank you, Mr. Hennessy.

MR. HENNESSEY: Thank you, Judge.”

JG needs to recuse herself, this type of behavior from a judge is embarrassing. She is making this a charade. It is best for everyone if the Jan 2024 trial date stands and she is not judge over the case. JMO MOO. Pics of the pages quoted from official court transcript also attached below.

Post in thread 'IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #170'
IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #170

 

[katydid23]

Clarification: Alison Motta is Bob Motta's wife, and they are both criminal defense attorneys in Chicago.

Background fact: Bob Motta's father, Robert Motta Sr, was one of John Wayne Gacy's two main defense lawyers. The reason Bob Jr started his podcast is because his father gave him (with co-counsel's permission) the many many audiotapes of interviews during defense preparation between Robert Sr. and Gacy --gave them to him many years after Gacy's death. After Bob listened to them, he decided to do a podcast to discuss them. In the process of doing so, he believes he found proof that a major piece of evidence linking Gacy to one of the victims (a photo developing receipt) that police had claimed they had found outside in the trash was actually found by them inside Gacy's open trash can in the house (he had invited the police in to chat informally) and taken without a warrant. They then used the falsely claimed discovery of the receipt in the outside trash to get the 2nd search warrant that led to them finally finding the bodies buried in the crawlspace.

So there are dead children buried in the basement of Gacy's home, and his attorney is going to argue whether a receipt needed to show his involvement was found inside or outside his house?

And the attorneys wanted to NOT find the bodies of a dozen missing boys in the crawlspace if that receipt was actually inside the house?

This is much like what we are dealing with now. It's not about finding out who killed Abby and Libby anymore. It's about the defense song and dance about how much chaos they can create to blow things up. Let's get rid of the judge and give this defendant A DOZEN attorneys and accuse the prison guards of killing the girls in a Nordic ritual in the woods. Great plan.

 

[katydid23]

I understand and appreciate what you’re saying, but all of this that is being talked about right now, to me, is after the fact to the ex-defense’s misbehavior. Without that we would be gliding toward a trial in January with RA having his best buddy defense team by his side.
If they had not ignored the gag order, played fast and loose with protected discovery, exaggerated and lied in their spring motion, attempted to try and plead their case to the public instead of waiting for the trial to talk of Odinists with sworn testimony instead of their opinions, that they hoped potential jurors would take as fact, then all of the circus going on now, would never had happen.

And that father and Air Force Officer wouldn't have tragically killed himself.

 

[katydid23]

In all fairness, you're assuming that the defense leaked these. You are not even considering or entertaining whether MW did this on his own accord for money.

jmo

But isn't it negligent to leave those sealed documents and crime scene photos in an empty conference room, long enough for someone to walk in unsupervised and snap pictures?

Defense may not have leaked them but they were irresponsible with their discovery docs.

Then you have to ask why was the state never sanctioned or reprimanded for violating the gag order first and more than once? There's no doubt this is a mess.

Did their violations end with various you-tube channels having crime scene photos of the girls bodies?

Did their violations end with a man killing himself?

jmo

ETA: We should remember too that when a case is gagged the only information we can get (should be able to get) is through the filings. So, I see what you're saying about them seemingly using a "backdoor" to get around a gag. But, they do have a right to put forward a theory.

Yes, but when setting forth a theory, are you supposed to publicly name and accuse various people who have not been declared suspects by LE?

 

[katydid23]

She actually says LE investigators in one. The only point to it is that there are people out there who were claiming they were receiving information from persons present at the scene. The situation is the same to people claiming they received evidence from the defense - even though MW was not (and is not) a part of the defense.

How is he not a part of the defense? He is an ex employee of B and was invited to visit that day that he stumbled upon the documents, unsupervised in an empty conference room.

My Dad and brother were defense attorneys, and believe me, no one was wandering around in their office areas unless they were invited back there. No way that someone could just walk in and find themselves in a conference room full of sealed trial documents accidentally.

jmo

ETA @Ward Thisperer also references another person who received info. However, I haven't listen to that yet so I did not include it. #810

 

[katydid23]

Someone posted a letter titled Ex Parte Pleading sent to JG by BR on 10/12/2023 on another social media site about a half hour ago. The following from it is interesting to your point...

"Andy communicated to me that Mitch was a fairly skilled strategist and that he would sometimes communicate ideas and circumstances with Mitch to get his feedback. Andy reported that he did this, on occasion, in this case. At no time did Andy ever authorize Mitch to duplicate or take physical possession of any exhibits or documentation in this case."

I feel like it gets murkier with each doc that gets released. Reading the above portion...makes me wonder...how much was he getting feedback from this guy, and even though he wasn't authorized to duplicate or take...was this guy being permitted to view the documentation to provide his "feedback"?

JMO

BINGO

No way that Mitch just snuck in without anyone knowing he was there. . You don't find your way into an empty conference room full of sealed trial documents unless everyone in the office is OK with you wandering around.

I worked in my Dad's front office. He would have killed me if I let someone back in the private office areas without an appointment or invitation, and even then I had to buzz him and announce their presence.

You don't just walk into a law office private sanctum and start poking around unless you are considered part of the group. JMO