IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #172

[sunshineray]

What I was talking about happened after his arrest. I gave all the dates.

Yes I understand what you were saying, I was just adding that not keeping a high profile defendant accused of child murders at a county jail may have already been in the minds of LE, before the arrest and of course after arrest. JMO

 

[Jurisprudence]

Transcript from the in-chambers meeting released

In Camera Hearing Transcript.pdf

drive.google.com

First thing that made me stop:

"I've got -- well, Jodie's got our portable FTR going..."

"For The Record’s flagship software continues to expand its industry-leading capabilities to capture and play back the complete digital record.
The latest version of FTR Gold enables courts to simultaneously record, monitor, and stream audio and video of proceedings live from any courtroom to anywhere on the court network—to remote court monitors, digital court reporters and authorized participants within the courthouse or across the town, county, or state..."

FTR Gold 7

For The Record’s flagship software continues to expand its industry-leading capabilities to capture and play back the complete digital record.

fortherecord.com

 

[tlcya]

and now the big secret in camera gathering transcript is out. My thoughts:

1) Rozzi and Baldwin are not afforded due process, they are not defendants, they are attorneys and they weren't charged with a crime. (MOO)
2) Rozzi requested the in camera "huddle up" because they were worried that discussion about their most recent leak would happen in open court and they would be "blindsided" in a public setting with their potential disqualification.
3) Rozzi and Baldwin then argued, we have taken measures to make sure no more leaks happen, locks on the war room etc etc.
4) Rozzi and Baldwin then argued judge it's unreasonable for you to think we can prevent leaks (like we just said we would) when people have been allegedly leaking stuff about this case since day one.
5) Baldwin requests to know what exactly investigators have (re the leak) so that he has "due process" and can prepare counter arguments (against being disqualified?) and a future open hearing date to handle this debacle
6) Judge states on the record she has no wish to go into open court to air her "concerns" about this but wants instead to deal with some of the motions before her.
a. She rules she will handle press requests to be present at hearings on a hearing by hearing basis moving forward.
b. She finds against the prosecution on the requests for medical records for RA stating they don't have a right to them and then cautions defense that they themselves have been dangerously close with all the talk in their motions about RA's mental health to opening the door to that very thing they argued against.
c. the court cleared up some "misunderstandings" (I am using that word rather generously because I don't know a single lawyer who doesn't know how e-filing and filing documents "under seal" works) about how the clerks who receive the e-filings know if something should be confidential or non-confidential. (HINT: You file it with a cover sheet designating it CONFIDENTIAL PURSUANT TO THE COURT'S ORDER OF [insert date here])
7) Defense counsel agreed to withdraw with some whining and meet with their client to inform him of this development.
8) Defense counsel returns to chambers to complain about the way in which this was handled (no warning we got no due process, poor me, poor my reputation) to which the judge reminded them of her phone call and several emails in which she made it pretty clear she planned on doing exactly what she did today - disqualify them.
9) So basically they asked for the informal in camera session in the judge's chambers and then whined afterward that they got no formal hearing. Then asked the judge to hold off on announcing their withdrawal until they had left the building.

 

[tlcya]

MOO - judge never should have granted them the in camera, Instead she should have walked into court and disqualified them publicly. She wouldn't then be dealing with this whiny mess of ego. No good deed goes unpunished. IMO

 

[Jurisprudence]

Well, wow. They were right. This never should have happened imo. I am anxious to hear what the supreme court says.

In Camera Hearing Transcript.pdf

drive.google.com

 

[steeltowngirl]

I am no fan of Diener’s; he flaked on arguably the biggest trial in Carroll County history. It wouldn’t surprise me if he had RA moved because he was afraid of the publicity.

However, RA did initially state that he would get private counsel. He changed course and requested a public defender. The letter is postmarked 11/7. Baldwin and Rozzi appeared on behalf of RA on 11/14. (11/11 was a court holiday.) Seems reasonably quick.

Court appoints two attorneys to represent Delphi murder suspect

Delphi murder suspect Richard Allen pleaded last week for a court-appointed attorney, and he received two lawyers on Monday.

www.jconline.com

 

[Jurisprudence]

I gave it a thumbs down.

I give it a thumbs up. Not because what happened in there was good or right but because everything Baldwin and Rozzi said is 100% backed-up. What was she thinking? I imagine she never expected this would be challenged although the record is very clear that they gave her an unwavering heads-up that it in fact would be. What a mess.

jmo

 

[Jurisprudence]

I am no fan of Diener’s; he flaked on arguably the biggest trial in Carroll County history. It wouldn’t surprise me if he had RA moved because he was afraid of the publicity.

However, RA did initially state that he would get private counsel. He changed course and requested a public defender. The letter is postmarked 11/7. Baldwin and Rozzi appeared on behalf of RA on 11/14. (11/11 was a court holiday.) Seems reasonably quick.

Court appoints two attorneys to represent Delphi murder suspect

Delphi murder suspect Richard Allen pleaded last week for a court-appointed attorney, and he received two lawyers on Monday.

www.jconline.com

Agree (well, it was really the 4th but I agree). My concern is that they did this in that little window when they knew he had no counsel. Diener even makes reference to it on page 2 of his order.

jmo

 

[FrostedGlass]

I give it a thumbs up. Not because what happened in there was good or right but because everything Baldwin and Rozzi said is 100% backed-up. What was she thinking? I imagine she never expected this would be challenged although the record is very clear giving her a heads-up that it in fact would be. What a mess.

jmo

I was glad of that, too. Plus the issue of the leaks; I'm glad that came out.
Reading what she did and how she did it just made me mad.

 

[MistyWaters]

So it is true the State is conducting an investigation into the leak is taking place, that’s nice to know. The court only became aware of the earlier leak in May/23 consisting of work product, some kind of discovery listing emailed to BW in Dec, 2022 but B was aware of it. BW has since been rearrested for unrelated matters. MS said they got the impression from FB private messages the plan was to connect the source of more recent leak back to BW. Hmmmmm so who except B was aware of that earlier leak???

Everyone involved in the leak has lawyered up. Hennessy was/is representing B.

 

[TL4S]

Transcript from the in-chambers meeting released

In Camera Hearing Transcript.pdf

drive.google.com

From the link:

I'm not even going to make an argument either way on the transcript, because I don't know law, but this part above does bother me. The warnings the D got in regards to disqualification was through unrecorded, informal phone calls and emails, and the Judge agrees. Is this a problem?

 

[FrostedGlass]

I am no fan of Diener’s; he flaked on arguably the biggest trial in Carroll County history. It wouldn’t surprise me if he had RA moved because he was afraid of the publicity.

However, RA did initially state that he would get private counsel. He changed course and requested a public defender. The letter is postmarked 11/7. Baldwin and Rozzi appeared on behalf of RA on 11/14. (11/11 was a court holiday.) Seems reasonably quick.

Court appoints two attorneys to represent Delphi murder suspect

Delphi murder suspect Richard Allen pleaded last week for a court-appointed attorney, and he received two lawyers on Monday.

www.jconline.com

Why be afraid of the publicity? It should be a positive thing for him to preside over the biggest case to come out of Carroll Co. He writes:

Particular circumstances within the underlying case warrant recusal

 

[Jurisprudence]

I was glad of that, too. Plus the issue of the leaks; I'm glad that came out.
Reading what she did and how she did it just made me mad.

And what she knew.

jmo

 

[steeltowngirl]

Why be afraid of the publicity? It should be a positive thing for him to preside over the biggest case to come out of Carroll Co. He writes:

I am no fan of Diener. At all. He flaked. Simple as that.

 

[MistyWaters]

I give it a thumbs up. Not because what happened in there was good or right but because everything Baldwin and Rozzi said is 100% backed-up. What was she thinking? I imagine she never expected this would be challenged although the record is very clear that they gave her an unwavering heads-up that it in fact would be. What a mess.

jmo

Yes everything’s backed up, including the fact indeed they both withdrew in chambers. They made the call, so they weren’t wrongfully disqualified by the judge. Hopefully that debate is laid to rest.

 

[Jurisprudence]

I was glad of that, too. Plus the issue of the leaks; I'm glad that came out.
Reading what she did and how she did it just made me mad.

The part where BR tells her that BM has been getting info from investigators on the case (which we've posted about with links to the broadcasts in this thread with time stamps) on CourtTV, and actually had in her hand on one of these occasions documents that were "directly related to the Perdue report" (page 8), was a mic drop for me. I didn't know this. Anyone else hear this before?

jmo

 

[twall]

The part where BR tells her that BM has been getting info from investigators on the case (which we've posted about with links to the broadcasts in this thread with time stamps) on CourtTV, and actually had in her hand on one of these occasions documents that were "directly related to the Perdue report" (page 8), was a mic drop for me. I didn't know this. Anyone else hear this before?

jmo

I have never heard that but it does not surprise me. <modsnip: off topic/speculation based on no known facts>

 

[texasbean]

The sooner Judge Gull recuses herself the better. The transcript is even less flattering to her than I expected it would be based on Rozzi’s prior statements and filings. JMO

 

[MistyWaters]

The part where BR tells her that BM has been getting info from investigators on the case (which we've posted about with links to the broadcasts in this thread with time stamps) on CourtTV, and actually had in her hand on one of these occasions documents that were "directly related to the Perdue report" (page 8), was a mic drop for me. I didn't know this. Anyone else hear this before?

jmo

Not sure what the Perdue report refers to, unless it’s that the Purdue professor wrote a report? If you recall the D accused the P of not remembering who he was.

 

[MistyWaters]

The sooner Judge Gull recuses herself the better. The transcript is even less flattering to her than I expected it would be based on Rozzi’s prior statements and filings. JMO

Same would’ve been said if the Judge had read the allegation in public court, with the camera closely focused on B & R. She can’t be blamed for their gross negligence.

JMO