IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #173

[Ward Thisperer]

On January 18th, RA's 2nd original action will have oral arguments at 11am, but at 9am, another case JG presided over will come before the SC.

Cohen B Hancz-Barron v. State of Indiana
SC: 22S-LW-00310
MR: 02D05-2106-MR-000011

CHB was found guilty of the murder of his girlfriend SNZ and her 3 kids (5, 3, and 2 years old). He was represented by RA's current attorney Lebrato and another PD.

GUILTY - IN - Ft Wayne Man escapes home detention fatally stabs girlfriend and 3 young children, June 2021 *arrest*

Docs: Fort Wayne man escaped home detention in Lafayette before killing girlfriend, 3 children - WISH-TV | Indianapolis News | Indiana Weather | Indiana Traffic . When officers entered, they found a woman, identified Thursday as Sarah Zent, dead and kneeling by a bed in a downstairs...

www.websleuths.com

He is appealing his conviction and sentence, it goes straight to the SC rather than appeals court because of the LWOP enhancement.

Appeals Process

www.in.gov

The appeal is on several grounds but a couple are in regard to JG's decisions.
- They state that a DNA expert was allowed to be called a second time by the state in order to clarify her testimony after being released from her subpoena and dismissed as a witness. They allege that this was prejudicial against the defendant because she revised her testimony to be more supportive of the inclusion of CHB's DNA in the DNA mixture and introduced a new exhibit to illustrate this.
- They allege that "it appears that the jury and the trial judge chose vindictive justice over reformation" and that 4 consecutive (rather than concurrent) LWOP sentences constitutes cruel and unusual punishment. It sounds like it was the jury's decision to impose LWOP but JG's decision to put these sentences concurrently.

Personally, I don't know that either of these things are terribly indicative of JG's abuse of power or prejudice toward defendants but it's interesting that much of this morning will be discussing her choices even before RA's case comes up.

Initially this case was scheduled for their argument at 11am, but was bumped earlier, seemingly to give RA the 11am slot.
11/8 - SC schedules CHB arguments for 11am 1/18
12/8 - SC moves CHB arguments to 9am
12/11 - SC orders RA oral arguments

Also this is how his defendant's MR and LWOP enhancements look on MyCase. Just sharing to clarify how it would look if RA were being charged with LWOP enhancement as there's been confusion as to whether this is possible. I still don't know when the LWOP can be introduced but I would think it would have been by now. In this one they were all charged on the same day.

	01	06/02/2021	35-42-1-1(1): Murder
	02	06/02/2021	35-42-1-1(1): Murder
	03	06/02/2021	35-42-1-1(1): Murder
	04	06/02/2021	35-42-1-1(1): Murder
	05	06/02/2021	Life Without Parole Enhancement

 

[Betty P]

On January 18th, RA's 2nd original action will have oral arguments at 11am, but at 9am, another case JG presided over will come before the SC.

Cohen B Hancz-Barron v. State of Indiana
SC: 22S-LW-00310
MR: 02D05-2106-MR-000011

CHB was found guilty of the murder of his girlfriend SNZ and her 3 kids (5, 3, and 2 years old). He was represented by RA's current attorney Lebrato and another PD.

GUILTY - IN - Ft Wayne Man escapes home detention fatally stabs girlfriend and 3 young children, June 2021 *arrest*

Docs: Fort Wayne man escaped home detention in Lafayette before killing girlfriend, 3 children - WISH-TV | Indianapolis News | Indiana Weather | Indiana Traffic . When officers entered, they found a woman, identified Thursday as Sarah Zent, dead and kneeling by a bed in a downstairs...

www.websleuths.com

He is appealing his conviction and sentence, it goes straight to the SC rather than appeals court because of the LWOP enhancement.

Appeals Process

www.in.gov

The appeal is on several grounds but a couple are in regard to JG's decisions.
- They state that a DNA expert was allowed to be called a second time by the state in order to clarify her testimony after being released from her subpoena and dismissed as a witness. They allege that this was prejudicial against the defendant because she revised her testimony to be more supportive of the inclusion of CHB's DNA in the DNA mixture and introduced a new exhibit to illustrate this.
- They allege that "it appears that the jury and the trial judge chose vindictive justice over reformation" and that 4 consecutive (rather than concurrent) LWOP sentences constitutes cruel and unusual punishment. It sounds like it was the jury's decision to impose LWOP but JG's decision to put these sentences concurrently.

Personally, I don't know that either of these things are terribly indicative of JG's abuse of power or prejudice toward defendants but it's interesting that much of this morning will be discussing her choices even before RA's case comes up.

Initially this case was scheduled for their argument at 11am, but was bumped earlier, seemingly to give RA the 11am slot.
11/8 - SC schedules CHB arguments for 11am 1/18
12/8 - SC moves CHB arguments to 9am
12/11 - SC orders RA oral arguments

Also this is how his defendant's MR and LWOP enhancements look on MyCase. Just sharing to clarify how it would look if RA were being charged with LWOP enhancement as there's been confusion as to whether this is possible. I still don't know when the LWOP can be introduced but I would think it would have been by now. In this one they were all charged on the same day.

	01	06/02/2021	35-42-1-1(1): Murder
	02	06/02/2021	35-42-1-1(1): Murder
	03	06/02/2021	35-42-1-1(1): Murder
	04	06/02/2021	35-42-1-1(1): Murder
	05	06/02/2021	Life Without Parole Enhancement

Is it possible that these defense tactics have been used against other judges in these types of murder trials? Maybe this represents a common practice by defense attorneys in DP and LWOP cases To get leverage for an appeal?

In RA’s case, the errant defense attorneys tried to used the tactic pre-emptively. Their goal was to dishonestly throw the prosecution’s case into doubt and chaos before the trial even began. Just because they made these claims against the judge doesn’t make them true.

 

[girlhasnoname]

On January 18th, RA's 2nd original action will have oral arguments at 11am, but at 9am, another case JG presided over will come before the SC.

Cohen B Hancz-Barron v. State of Indiana
SC: 22S-LW-00310
MR: 02D05-2106-MR-000011

CHB was found guilty of the murder of his girlfriend SNZ and her 3 kids (5, 3, and 2 years old). He was represented by RA's current attorney Lebrato and another PD.

GUILTY - IN - Ft Wayne Man escapes home detention fatally stabs girlfriend and 3 young children, June 2021 *arrest*

Docs: Fort Wayne man escaped home detention in Lafayette before killing girlfriend, 3 children - WISH-TV | Indianapolis News | Indiana Weather | Indiana Traffic . When officers entered, they found a woman, identified Thursday as Sarah Zent, dead and kneeling by a bed in a downstairs...

www.websleuths.com

He is appealing his conviction and sentence, it goes straight to the SC rather than appeals court because of the LWOP enhancement.

Appeals Process

www.in.gov

The appeal is on several grounds but a couple are in regard to JG's decisions.
- They state that a DNA expert was allowed to be called a second time by the state in order to clarify her testimony after being released from her subpoena and dismissed as a witness. They allege that this was prejudicial against the defendant because she revised her testimony to be more supportive of the inclusion of CHB's DNA in the DNA mixture and introduced a new exhibit to illustrate this.
- They allege that "it appears that the jury and the trial judge chose vindictive justice over reformation" and that 4 consecutive (rather than concurrent) LWOP sentences constitutes cruel and unusual punishment. It sounds like it was the jury's decision to impose LWOP but JG's decision to put these sentences concurrently.

Personally, I don't know that either of these things are terribly indicative of JG's abuse of power or prejudice toward defendants but it's interesting that much of this morning will be discussing her choices even before RA's case comes up.

Initially this case was scheduled for their argument at 11am, but was bumped earlier, seemingly to give RA the 11am slot.
11/8 - SC schedules CHB arguments for 11am 1/18
12/8 - SC moves CHB arguments to 9am
12/11 - SC orders RA oral arguments

Also this is how his defendant's MR and LWOP enhancements look on MyCase. Just sharing to clarify how it would look if RA were being charged with LWOP enhancement as there's been confusion as to whether this is possible. I still don't know when the LWOP can be introduced but I would think it would have been by now. In this one they were all charged on the same day.

	01	06/02/2021	35-42-1-1(1): Murder
	02	06/02/2021	35-42-1-1(1): Murder
	03	06/02/2021	35-42-1-1(1): Murder
	04	06/02/2021	35-42-1-1(1): Murder
	05	06/02/2021	Life Without Parole Enhancement

I thought a LWOP sentence is an automatic appeal in Indiana? IDK for sure. Anyone?

 

[Ward Thisperer]

I thought a LWOP sentence is an automatic appeal in Indiana? IDK for sure. Anyone?

I don’t think it’s automatic but if the defendant wants to he has the right and it goes straight to SC. I would presume that they almost always do appeal it considering they have literally nothing to lose.

 

[Betty P]

I thought a LWOP sentence is an automatic appeal in Indiana? IDK for sure. Anyone?

LWOP and DP are appealed directly to the state Supreme Court

About the Court

www.in.gov

 

[FrostedGlass]

@Ward Thisperer Here is when LWOP enhancement was added.
Case # 02D05-2106-MR-000011

08/06/2021

Motion Filed Motion to Add Count V Filed By: State of Indiana File Stamp: 08/05/2021

08/24/2021	Order Granting State's Motion to Add Count 05 granted. Count 05 is ordered added. Judicial Officer: Gull, Frances C Order Signed: 08/06/2021
08/24/2021	Order Issued Initial Hearing conducted on Count 05 under separate order. In light of Count 05, Court and counsel agree more time is needed for trial. Judicial Officer: Gull, Frances C Order Signed: 08/06/2021

 

[Betty P]

@Ward Thisperer Here is when LWOP enhancement was added.
Case # 02D05-2106-MR-000011

08/06/2021

Motion Filed Motion to Add Count V Filed By: State of Indiana File Stamp: 08/05/2021

08/24/2021	Order Granting State's Motion to Add Count 05 granted. Count 05 is ordered added. Judicial Officer: Gull, Frances C Order Signed: 08/06/2021
08/24/2021	Order Issued Initial Hearing conducted on Count 05 under separate order. In light of Count 05, Court and counsel agree more time is needed for trial. Judicial Officer: Gull, Frances C Order Signed: 08/06/2021

For now it’s not relevant, though, since the case hasn’t yet gone to trial.

Arguments in DP appeals cases are usually based on allegations that judges made mistakes in the previous trial. If you check all the DP appeals in the IN files that’s probably what you’ll find - all judges presiding over trials where defendants receive the death sentence will have their actions or decisions criticized by defense. JMO, that’s not surprising. The only problem lies in whether those judges actually made substantive errors. But I doubt that judges can be disqualified from a case just because some defense attorney questioned their way of handling a trial. If that were the case, there would be no judges left.

 

[Ward Thisperer]

@Ward Thisperer Here is when LWOP enhancement was added.
Case # 02D05-2106-MR-000011

08/06/2021

Motion Filed Motion to Add Count V Filed By: State of Indiana File Stamp: 08/05/2021

08/24/2021	Order Granting State's Motion to Add Count 05 granted. Count 05 is ordered added. Judicial Officer: Gull, Frances C Order Signed: 08/06/2021
08/24/2021	Order Issued Initial Hearing conducted on Count 05 under separate order. In light of Count 05, Court and counsel agree more time is needed for trial. Judicial Officer: Gull, Frances C Order Signed: 08/06/2021

Thank you for the correction, I wish I could still edit my post.

For now it’s not relevant, though, since the case hasn’t yet gone to trial.

I don’t understand this comment. For the case we’re comparing, the LWOP enhancement was added 2 months after the initial charges, and about 9 months before the trial. For RA he’s been charged for over 1 year and still no enhancement has been added even when they were closing on less than 3 months to trial.

 

[FrostedGlass]

Thank you for the correction, I wish I could still edit my post.

I don’t understand this comment. For the case we’re comparing, the LWOP enhancement was added 2 months after the initial charges, and about 9 months before the trial. For RA he’s been charged for over 1 year and still no enhancement has been added even when they were closing on less than 3 months to trial.

You're welcome but your post is fine. It gave us an opportunity to talk about when charges are added.

In KAK's case, the charges were so scrambled by the time he went to trial it was almost impossible to tell which were the original ones and which were the up/down-graded ones.

 

[Betty P]

Thank you for the correction, I wish I could still edit my post.

I don’t understand this comment. For the case we’re comparing, the LWOP enhancement was added 2 months after the initial charges, and about 9 months before the trial. For RA he’s been charged for over 1 year and still no enhancement has been added even when they were closing on less than 3 months to trial.

Perhaps they don't plan to add the LWOP enhancement. Isn't this normally the job of the prosecutor, not the judge?

 

[Ward Thisperer]

Perhaps they don't plan to add the LWOP enhancement. Isn't this normally the job of the prosecutor, not the judge?

Yes, I’m just pointing it out because it’s been a topic of discussion in here a couple times that people are surprised that he isn’t up for DP or LWOP.

 

[NoSpoonFeeding]

]

Arguments in DP appeals cases are usually based on allegations that judges made mistakes in the previous trial.

Mandatory appeal on DP
Direct appeal in the Indiana Supreme Court, focusing on legal issues; state post-conviction review, which can also look at factual issues such as whether trial counsel competently represented the defendant, whether evidence was suppressed, and whether any witnesses have recanted their testimony; and federal habeas corpus review, which focuses on federal constitutional issues.

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.in.gov/ipdc/files/Facts-about-the-death-penalty-.pdf

 

[Jurisprudence]

"... but it's interesting that much of this morning will be discussing her choices even before RA's case comes up."

That is really interesting. Thank you for sharing this.

Lebrato will be there too, arguing along-side his appellate attorney which is also pretty interesting.

‘I still need to fight for them:’ Mother of slain daughter and 3 grandchildren will attend killer’s appeal

The proceedings in his appeal will be live-streamed, but that will not deter the mother of Sarah Zent from facing in person the man convicted of killing her daughter again.

www.wane.com

 

[Colorado303]

IDK----I think we could make a case for incompetence in the leaking situation.

"Incompetence is the lack of ability or skill to perform a task or duty adequately. It refers to a person’s inability to meet the required standard of performance in a particular area. Incompetence can be a result of a lack of knowledge, experience, or training. It can also be due to a lack of effort or motivation to improve one’s skills."

I think there was a lack of ability to perform their duty to protect the evidence and there was a lack of effort on their prt and a lack of motivation to improve their skills in that area.

After being sloppy and incompetent by sending the sealed documents to the wrong person, they acted even sloppier and made an even bigger mistake resulting in various you-tubers having the crime scene photos of dead girls. Leaving the sealed documents out, on a table, in an unoccupied room, unlocked room was incompetent and showed a lack of effort. And it ended with the tragic suicide of one of the participants.

I think there was a lack of effort and lack of motivation shown by the team in terms of their duty to protect the sealed documents. I would call that gross incompetence given the outcome.

Even if the most recent leak is enough to deem Baldwin negligent or incompetent, that doesn’t necessarily make Rozzi incompetent. Rozzi is not part of Baldwin’s office. And in chambers Rozzi proposed a scenario where Baldwin would leave while he stayed on. Gull refused to consider that option. IMO that’s an important distinction and SCOIN may choose to reinstate Rozzi even if Baldwin is permanently dismissed. Particularly because in chambers Rozzi did not withdraw but indicated he preferred to put his withdrawal in writing. Then never did. IANAL but I’ve been around them enough to know often things don’t count until you “get it in writing”. I’m very interested to hear oral arguments and see where SCOIN nets out.

 

[Colorado303]

Is it possible that these defense tactics have been used against other judges in these types of murder trials? Maybe this represents a common practice by defense attorneys in DP and LWOP cases To get leverage for an appeal?

In RA’s case, the errant defense attorneys tried to used the tactic pre-emptively. Their goal was to dishonestly throw the prosecution’s case into doubt and chaos before the trial even began. Just because they made these claims against the judge doesn’t make them true.

Just because the Judge believes they chose the tactics they did to throw prosecution’s case into doubt doesn’t make it true either. Baldwin and Rozzi may well believe everything they put in the Franks motion. Or not. Either way, if Gall found it that inflamatory she should have had the sealed the document immediately. But didn’t.

 

[Colorado303]

dbm double post

 

[Caylee Advocate]

Same with the Rhoden Murders trials. Photos of the poor victims will be shown again at Billy Wagners trial next year, but they won't be seen by the public, only jurors. There's some twit reporter who is trying to get them in the public domain, but I don't think he'll succeed.

Actually, the "twit" reporter (as you call him), resigned a month ago so he won't be giving any information out to anyone. Can you please provide a link where it states "he is trying to get photos of the deceased in the public domain?" TIA.

 

[twall]

Yes, I’m just pointing it out because it’s been a topic of discussion in here a couple times that people are surprised that he isn’t up for DP or LWOP.

And he won't be either under the charges he is currently charged with. Allen County's chief public defender William Lebrato who is representing RA stated on Nov. 2 RA's case is not a death penalty or LWOP case.

Allen County’s chief public defender says his office is prepared to take on Delphi killings case

Allen County Chief Public Defender William “Billy” Lebrato doesn’t believe the trial will impact the daily work of the department.

www.wane.com

Weineke Law Office also states this.

Richard Allen has been charged with felony murder, NOT knowing/intentional murder. This case is NOT capital or LWOP-eligible, as it is currently charged. The charging information does not allege he knowingly or intentionally killed the girls. And it expressly references Subsection (2) of the murder statute, which is the felony murder provision.

https://twitter.com/x/status/1730610304508182788

My understanding is to receive DP or LWOP in Indiana there must be at least one aggravating factor. An aggravating factor is one in addition to the underlying charge. In the case of murder in Indiana, if there is no aggravating factor, the most you can be sentenced to is 45-65 years. Allen is not charged with any aggravating factor, therefore he is not DP or LWOP eligible.

 

[Jurisprudence]

My understanding is to receive DP or LWOP in Indiana there must be at least one aggravating factor. An aggravating factor is one in addition to the underlying charge. In the case of murder in Indiana, if there is no aggravating factor, the most you can be sentenced to is 45-65 years. Allen is not charged with any aggravating factor, therefore he is not DP or LWOP eligible.

sbm

I found CW's clarification of the charges interesting. All of the early reports have him charged with 2 counts of murder, not felony murder. Kidnapping would be an aggravating factor for murder.

However, that's not what's happening here. This tells me they don't have the case to charge him with murder (and they know this). They don't have the evidence (there's been no superseding indictment or upgraded charges in the past year) and they can't make out the intent. So, they had to go the route of felony murder which requires they only prove the underlying felony (and that someone died in the commission of it, even if not by the accused's hand).

Accordingly, they must prove he was there and not gone by the time this occurred, and that he forced them "Down the Hill" at gunpoint, making the veracity of Ligget's statements all the more critical. Did he lie or misremember? At least one of the eyewitnesses seems to think he is mistaken.

jmo
Indiana Code § 35-50-2-9
Indiana Code § 35-42-3-2

 

[O.Incandenza]

And he won't be either under the charges he is currently charged with. Allen County's chief public defender William Lebrato who is representing RA stated on Nov. 2 RA's case is not a death penalty or LWOP case.

Allen County’s chief public defender says his office is prepared to take on Delphi killings case

Allen County Chief Public Defender William “Billy” Lebrato doesn’t believe the trial will impact the daily work of the department.

www.wane.com

Weineke Law Office also states this.

Richard Allen has been charged with felony murder, NOT knowing/intentional murder. This case is NOT capital or LWOP-eligible, as it is currently charged. The charging information does not allege he knowingly or intentionally killed the girls. And it expressly references Subsection (2) of the murder statute, which is the felony murder provision.

https://twitter.com/x/status/1730610304508182788

My understanding is to receive DP or LWOP in Indiana there must be at least one aggravating factor. An aggravating factor is one in addition to the underlying charge. In the case of murder in Indiana, if there is no aggravating factor, the most you can be sentenced to is 45-65 years. Allen is not charged with any aggravating factor, therefore he is not DP or LWOP eligible.

It looks like the death penalty and LWOP in Indiana both require that the defendant be convicted of "intentionally killing the victim" and that there be an aggravating circumstance.

In this case, there would be an aggravating circumstance (kidnapping) but since they've charged him under subsection (2) of the murder statute, they haven't charged him with intentional murder. So it fails that part of the requirement. So basically the prosecutors choice to charge him with felony murder eliminates the death penalty and life without parole as possible sentences. That makes me even more curious why they decided to charge it that way.