IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #171

[MistyWaters]

I expect your full analysis of Judge Gulls work on my desk by 9am

Haha I think you have me confused with somebody else!

 

[Ward Thisperer]

can someone shoot me a link to the phone pinging at 2:30 a.m.?

my understanding is that LE LEARNED of the ping at 2:30 am and went back out to search in the wee hours thanks to that information. Not that the phone pinged at that time. TIA

My understanding is the phone was pinged at that time, but I have tried to find more info about it and what exactly it would mean for the phone to ping at that time.
In the Down The Hill documentary, at about 15mins, the former fire chief says "the latest ping was coming back to the area of the Monon High Bridge"

Here is a previous post about it Found Deceased - IN - Abigail (Abby) Williams, 13, & Liberty (Libby) German, 14, The Delphi Murders 13 Feb 2017 #129

A response to the WS post I linked says that this might have been just because the family was finally able to get the phone company to ping the phone at that hour... I haven't heard that before so if anyone has a source on that one I'd love to learn more about that.

Edit - forgot the video link at first

 

[Cyber sleuth]

Otherwise, see Indiana Trial Rules posted here yesterday for what must be redacted from filings. IMO and as I recall, it's minors only. No minors in the FM. If Gull, who is in charge of the court record, believes there should be redactions beyond what the IN state statute requires, she's able to to provide specific instructions, and while she wouldn't do that for the Old D,

SBM/BBM
Except the two MOST important minors in this case.

 

[Ward Thisperer]

The Motion for Leave of Court to Subpoena Third Party Records by the state was submitted unredacted including the victims names and made public as is... I wonder why that one wasn't sealed by JG?

 

[zh0r4]

Interestingly the names of the each victim wasn’t included in RA‘s murder indictment either. The writ involved numerous allegations that rules were not followed….so what of that.


View attachment 461517

Mcleland’s 2ND OBJECTION TO DEFENDANT'S MOTION TO SUPPRESS is just one example of where the state itself mentions the victims by their full names. On p. 2,3, & 4 attached below.

Source:

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

2nd Objection Filed.pdf | PDF Host

PDF Host read free online - 2nd Objection Filed.pdf

pdfhost.io

 

[TheVisual]

They weren't there long enough to collect an entire body full of blood. It was daylight, right next to the trails, where people had already begun looking for the missing girls.

No way a ragtag cult of bearded guards was standing by a hanging corpse and draining the blood. That memo is so ridiculous.

A body can drain most all of it's blood in about 5 minutes especially if the right vein is severed and the heart is beating. We only have 4-5 liters of blood. one liter per minute. Not so far fetched katydid23.

 

[Ravenmoon]

At night doesn’t mean no light source.

Wouldn't someone see that?
Sounds risky.

 

[tlcya]

Which specific pages/parts do you feel really made good points? TIA

in the standard of review respondent argues that the writ of mandamus is not the appropriate remedy and I agree. These are not meant to be handed out like candy, they should be rare and only granted in a situation where there is no other remedy.

The argument that the judge is not in control of the CCS is compelling. That is a fact. It is indisputable. If they want to argue that the decision itself to seal certain aspects of the publicly available docket was in error the appropriate avenue is appeal, not to bypass appeal and attempt to get a writ.

But the most compelling argument for me is the Nineteenth Hole argument. I believe the former defense is attempting to circumvent the process by jumping straight to and beyond appeal. pages 9-11 highlight succinctly that they did not act expeditiously to file a motion of complaint to the court about the sealing of records they objected to.

Pages 14 and 15 - most of the relief asked for in the Petition is now moot, having already been addressed.

Sorry - got caught up in several client calls and now it's time to close up shop. Will revisit tomorrow because there are a couple of the cited cases I want to read more fully than the skim I gave them.

 

[Trebor5591]

<snip>

Reasons this could be plausible:
- phone pinged in the area at 2:30am after not pinging for hours
<snip>

Which phone pinged in the area at 2:30 a.m. after not pinging for hours?

Can you please provide a link?

 

[Emma Peel]

can someone shoot me a link to the phone pinging at 2:30 a.m.?

my understanding is that LE LEARNED of the ping at 2:30 am and went back out to search in the wee hours thanks to that information. Not that the phone pinged at that time. TIA

barb macdonald's HLN most recent Delphi special, interviewing first responders.
Yes, first responders learned of the ping at that time, but the ping had very recently happened IIRC.

 

[MistyWaters]

Wouldn't someone see that?
Sounds risky.

This is even more implausible than the murder of two (white) girls by Odinists hijacker’s by white supremists due to a parent being involved in an interracial relationship.

JMO

 

[Cyber sleuth]

To add to @susiQ’s response, IMO it would be harder to commit the murders unnoticed than carry around 8lbs of blood unnoticed. A big bag of dog food is 50lbs, 8lbs wouldn’t even weigh as much as 2 5lb dumbbells.

FTR I don’t think the time of death is accurate and believe the murders likely occurred at night, so that would make it easier too. JMO.

It would be exactly like carrying a gallon of milk. Which is not at all impossible. But perhaps would be noticeable.

 

[Emma Peel]

SBM/BBM
Except the two MOST important minors in this case.

Yeah! I just read that in the response. Mea Culpa!

 

[Ravenmoon]

It would be exactly like carrying a gallon of milk. Which is not at all impossible. But perhaps would be noticeable.

Okay... but in addition, how LIKELY is this?
Are there Vampires too?
I know this response sounds flippant, but at what point do we reel it back in and use more logic?

JMO

 

[MistyWaters]

barb macdonald's HLN most recent Delphi special, interviewing first responders.
Yes, first responders learned of the ping at that time, but the ping had very recently happened IIRC.

That it‘s faint battery spontaneously connected with a cell tower is more likely.

Why is this suddenly important?

 

[zh0r4]

p. 17,
RESPONDENT'S BRIEF IN OPPOSITION TO RELATOR'S VERIFIED PETITION FOR WRIT OF MANDAMUS AND PROHIBITION
filed by Gutwein, Stake, & Gull 11/16/2023

bbm

“Relator also seeks to unseal or restore public access to the Franks Memorandum. The Franks Memorandum contains the full first and last names of the deceased minor children who are the crime victims in this case. See, e.g., Record, pp. 57, 70, 106. Names of minor children are required to be redacted from court filings in federal courts. Fed. R. Civ. P. 5.2(a). Indiana, in turn, excludes "Case Records declared confidential or excluded from Public Access pursuant to federal law."

…..Did she just cite federal law to SCION and imply federal law > SCION? That should go over well.

Source:

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

 

[MistyWaters]

p. 17,
RESPONDENT'S BRIEF IN OPPOSITION TO RELATOR'S VERIFIED PETITION FOR WRIT OF MANDAMUS AND PROHIBITION
filed by Gutwein, Stake, & Gull 11/16/2023

bbm

“Relator also seeks to unseal or restore public access to the Franks Memorandum. The Franks Memorandum contains the full first and last names of the deceased minor children who are the crime victims in this case. See, e.g., Record, pp. 57, 70, 106. Names of minor children are required to be redacted from court filings in federal courts. Fed. R. Civ. P. 5.2(a). Indiana, in turn, excludes "Case Records declared confidential or excluded from Public Access pursuant to federal law."

…..Did she just cite federal law to SCION and imply federal law > SCION? That should go over well.

Source:

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

Maybe you were skim reading too? It goes on to say ….“Indiana, in turn, excludes "Case Records declared confidential or excluded from Public Access pursuant to federal law."

 

[MistyWaters]

This must’ve been a documents that had been sealed. This is the guy who also wrote a letter to the court claiming he knew RA was being abused. Problem is his cell was one floor above so unless the cells are piled like birdcages or he has lazar vision it’d seem impossible for him to see or hear what was going on in a floor below. The article goes on to say he refused to attend a June 15th hearing when RA’s POW motion was heard.

Inmate feared retaliation, refused to testify for Richard Allen

In documents unsealed on Thursday, Baston was subpoenaed to court to testify on behalf of Allen. He wrote a response saying he would not be coming to court because of "fear for my life."

www.wrtv.com

 

[zh0r4]

Maybe you were skim reading too? It goes on to say ….“Indiana, in turn, excludes "Case Records declared confidential or excluded from Public Access pursuant to federal law."

Then the prosecution is also not following, if correctly applicable….Which in turn shows JG has blatant bias. JMO.

Source of only 1 instance prosecution filing posts full name:
Post in thread 'IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #171'
IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #171

 

[susiQ]

Okay... but in addition, how LIKELY is this?
Are there Vampires too?
I know this response sounds flippant, but at what point do we reel it back in and use more logic?

JMO

I agree 100%. Let’s “reel it back.” No one is carrying 2 gallons of blood around. As far as I can remember, it was a flippant comment by an OP. Full stop. Let’s move on. JMHO