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

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He was present at the courthouse on 10/19.

Carroll County Prosecutor Nicholas McLeland and the defense attorneys entered Judge Gull’s chambers for a pow-wow at 12:30 p.m. as Hennessy sat on a bench in the hallway, waiting to be summoned.

Baldwin and Rozzi were spotted transitioning in the hallway from the judge’s chambers to Allen’s holding area and Hennessy, who was prepared to defend his client Baldwin in the courtroom debate over the leak, also disappeared into the back hallway.

Behind the scenes of the Delphi defense team’s dismissal
thank you for the info, I stand corrected
 
I disagree, respectfully, with the statement this was not gross negligence. To me, it fits that criteria perfectly. After the first incident, where he sent a jump drive to the wrong person, did he become more careful with the classified documents?

No, he was very irresponsible in the way he handled the sealed photos and documents. These were highly sensitive photos he was in charge of, and he did nothing to protect them. They should been locked up when not in use. Not left out on a table in an unsupervised room, while people were allowed to wander around in the area.
RSBM/BBM
Above is why I think the judge may have wanted them to withdraw without formal DQ proceedings. I think the fact that the state was aware that the defense had already irresponsibly handled classified documents and then the same defense made no effort to protect discovery shows a pattern that could open them ALL up to civil liability.
Technically there should have been action against the first offense that occurred in December 22.
 
RSBM/BBM
Above is why I think the judge may have wanted them to withdraw without formal DQ proceedings. I think the fact that the state was aware that the defense had already irresponsibly handled classified documents and then the same defense made no effort to protect discovery shows a pattern that could open them ALL up to civil liability.
Technically there should have been action against the first offense that occurred in December 22.
RBBM Is that the offense where he pushed the wrong button on his phone?
 
It that the offense where he pushed the wrong button on his phone?
Haha yes. Sometimes pushing the wrong buttons can cause horrific consequences.
I’m still puzzled as to why they would be emailing case strategies and diagrams using non secure methods.
And one attorney uses a yahoo email.
And then finally it appears it wasn’t immediately reported to the court or prosecution.
 
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Haha yes. Sometimes pushing the wrong buttons can cause horrific consequences.
I’m still puzzled as to why they would emailing case strategies and diagrams using non secure methods.
And one attorney uses a yahoo email.
So what kind of action do you think should have been taken? Would a secure method have prevented the wrong button incident?

Just for the record, my phone learned how to make calls on its own from my back pocket. I'm scared to death of what my smart phone is planning.
 
So what kind of action do you think should have been taken?

Just for the record, my phone learned how to make calls on its own from my back pocket. I'm scared to death of what my smart phone is planning.
My phone has done me wrong more than once, some I am still embarrassed about a year later.
I honestly have no idea what proper protocol would have been. Maybe a huddle and go over what expectations would be in handling sensitive case information. Perhaps that was already described in the protective order and gag order.
But it appears nothing was done and court was not informed until May of 23.
I think something should have been done- because it doesn’t appear that defense made any changes in handling sensitive case documents.
 
To add: I believe DH came with AB expecting a potential hearing for sanctions to be scheduled, not to be ambushed/thrown off the case.

JMO.

I agree. AB has no blemish on his record and JG said she was leaning toward making the move. His friend, DH, drafted a pleading for the record and accompanied him to protect his reputation and record. Not to act as his counsel in a DQ hearing that no one but the judge and the prosecution knew was planned.

jmo
 
Yes and there would be a hearing scheduled for either one of those. There wasn’t a hearing scheduled.
Yes one of those Disqualifications or Sanctions. Not just Sanctions. Which was the point I was making they were aware that both were possibilities. I mean they wanted sanctions. DH asked for 20 hours I believe so roughly $2000.
But perhaps DH also didn’t know the scope or totality or what the judge was concerned when he filed the memorandum.
And correct. A hearing wasn’t scheduled because both attorneys made a different choice in chambers.
 
Slightly O/T - just came home from the grocery store and passed the Dairy Queen. Their big store sign stood out in red letters: DQ.

Thought of you all and smiled. I can’t tell you how many times I’ve had to remind myself here that DQ means disqualify. Not an ice cream cone. :)

Same! My daughter works at a small town Indiana DQ we live close to. Fun fact and on topic-the managment company is located in Delphi and called Polly Management LLC. I was reminded of this today when I got the mail because her birthday is Saturday and they sent her a birthday card with return address.
 
I'm not sure if this has been posted

Would like to see the victims' family file a lawsuit against the persons responsible (which I won't name, however, 1st one begins with AB, who as an officer of the court knows better than to leave evidence unlocked and not put away in a secure place and out of view. Glad to see this horrible ex-defense off the case who imo, had nothing else, so they created a horrible narrative of the crime scene in order to place a seed in the minds of people to create doubt in their client (at the time). Don't know if RA is guilty, but it sure looks that way because the defense "freaked" out. I will wait until trial to see what the evidence is. moo


From the article:

On Oct. 9, Westerman reportedly contacted Baldwin and admitted to being behind the leak. Westerman told Baldwin that he had stopped by the law firm’s office and found evidence photos related to the Delphi case spread out in Baldwin’s conference room. Westerman admitted to using his phone to take photographs of the evidence and then sharing those photos with a Fishers man. Investigators determined the Fishers man then shared the evidence with a man from Texas who, in turn, forwarded the evidence to various YouTube and podcast creators.

According to court documents, the Fishers man ended up taking his own life after being questioned by police about the evidence leak.

Westerman admitted in a sworn statement that Baldwin did not give him permission to take photographs of the crime scene evidence he found in the conference room of the law firm’s office. He also said Baldwin was not present in the conference room when he took the photos.

Brad Rozzi, the other half of Allen’s original defense team, called Westerman’s actions “theft” due to him not having permission from either of the attorneys to take photographs of the evidence let alone share the sensitive information with others.
 
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