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

[sunshineray]

I thought the 2 people that used the AShots account were KK and his father

Well that was kinda of murky because KAK is such a liar and changing or misstating "facts". It was said by the interrogators that there were two distinct styles of writing. KAK said to Barbara McDonald that the police told him they thought his Dad killed the girls. But KAK did mention, I believe, a Friend #1 and Friend #2 as possibly having some access.

 

[mrjitty]

First off, I'll give you an A+ for the creative manner in which you hand-waved the points away.
It didn't take any scrounging at all to find the FB stuff; I even easily found it. Search the individuals and it's all there.

Click seemed to believe in his investigation. I'm not sure it's accurate to say no substantive links were found until we learn how they were followed up on. It isn't unheard of LE having suspects they did not follow up on, for whatever reason.

What is your idea of what the entire crime scene looked like? Do you think it was just 2 bodies in the woods, with twigs strewn over them?

I'd prefer to wait for the evidence to be presented on the crime scene.

 

[legalmomma]

https://x.com/defense_diaries/status/1747761094859366454?s=46&t=CebEjvidhDaYxPmQntcKRQ

Tomorrow at 10:30 a.m. EST we will be streaming LIVE coverage and analysis of the historic oral arguments in #RichardAllen's epic battle to get the lawyers of his choice. Ali will be guiding you through the arguments and I'm definitely biased but pretty sure there is no one better to have as your guide. With 20 plus years of criminal defense work comes knowledge. I'll be in the Courtroom and will be reporting after, to give y'all the deets on the stuff you couldn't see on the stream. @theshamingofjay will be co-hosting, helping her with all the tech stuff. Make sure to subscribe to get that notification!
#Delphi #JusticeforAbbyandLibby

Live coverage and analysis of the historic oral arguments in the #Dephi case

Richard Allen's former defense lawyers, either withdrew or were bum rushed off the case and they wanted back on. Judge Frances Gull told them, hard pass, I ...

www.youtube.com

 

[SharonNeedles]

I guess what I struggle with, is at least with KAK there is one bad thing, that demonstrably links him to the victim, just not the murder. With the Odinists, there is literally nothing to link them, except the hearsay confession. So I wonder if a judge will even allow it.

BBM - For that to be true you would have to assume the nature of the staged crime scene was inaccurately speculated, or it's just some weird coincidence. Neither seems likely to me. Not sure what the link is, but it's more than nothing.

 

[steeltowngirl]

Reminder…Where to watch the hearing at 11 am EST tomorrow.

INDIANAPOLIS — The public has been waiting to listen to oral arguments for the state’s Supreme Court hearing in the Delphi double murders case.

The Indiana Supreme Court announced on Thursday that the hearing will be livestreamed to the public on Jan. 18, 2024, at 11 a.m.
[….]
The livestream will be shown on FOX59/CBS4 on Jan. 18.

Indiana Supreme Court announces January hearing in Delphi murders case will be livestreamed

INDIANAPOLIS — The public has been waiting to listen to oral arguments for the state’s Supreme Court hearing in the Delphi double murders case. The Indiana Supreme Court announced on Th…

fox59.com

Court TV cameras will be inside the Indiana Supreme Court hearing, which is scheduled for Thursday, Jan. 18, 2024, at 11 a.m. ET. Court TV will be providing live coverage of the proceedings.

Indiana Supreme Court to hear matters in Richard Allen case

Delphi Murders suspect Richard Allen is asking the Indiana Supreme Court to weigh in on three key issues ahead of his murder trial in October.

www.courttv.com

 

[mrjitty]

BBM - For that to be true you would have to assume the nature of the staged crime scene was inaccurately speculated, or it's just some weird coincidence. Neither seems likely to me. Not sure what the link is, but it's more than nothing.

As I see it, you have the following shown in the Franks

1. A crime scene with staging of some kind - hard to assess without the evidence
2. An inference that it is occult
3. An inference that is is specifically odinist
4, An investigative hypothesis to investigate local odinists from Law Enforcement

Note none of the above is evidence against any particular offender.

If the theory was correct, you'd expect to find evidence implicating the suspects following investigation - but just using one example, with the first offender, the Franks notes hard alibi evidence was discovered, and nothing that links him to the crime (in my opinion).

IMO this demonstrates the difference between the standard for investigation, and the standards of evidence in court, or for a prosecution.

So this is why I am sceptical. I don't see anything in Franks that links any of these guys to the crime save a confession which is not likely admissible as proof the guy is guilty.

I do agree that maybe you are allowed to call a law enforcement officer who is invested in the theory who will say he believes an occultist did it.

In any event roll on SCOIN and maybe we can get back to a trial focus

 

[Niner]

He has not been in court for quite awhile - so this is a long one which I will shorten up.

Thursday, January 18th:
*Oral Arguments Hearing (Supreme Court) (@ 11am ET) - IN – Abigail Joyce Williams (13) & Liberty Rose Lynn German (14) (Missing Feb. 13, 2017, found killed Feb. 14, 2017, after walking on a local hiking trail & were discovered around noon about 50 feet from the north bank of Deer Creek which is about 0.5 miles from the Monon High Bridge Trail, Delphi) – *Richard “Ricky/Rick” Matthew Allen (44 @ time of crime/50/now 51) arrested & booked (10/26/22) into the Carroll County Jail & charged & arraigned (10/28/22) with 2 counts of murder while committing or attempting to commit kidnapping of both victims. Plead not guilty. Held without bond. Transferred to White County jail from Carroll County for security reasons. And was transferred (11/2/22) to IN. DOC at Westfield Correctional Facility at a more secure facility. Was awaiting transfer to Westville Correctional Facility but Judge Gull denied move (6/15/23). She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. Judge Gull denied move (7/5/23). On 12/6/23 Allen was transferred from Westfield to Wabash Valley Correctional Facility (long term segregation).
Allen County Judge Frances C. Gull has replaced Judge Benjamin Diener / Carroll County Prosecutor Nicholas McLeland & Special Prosecutor James David Luttrull, Jr.
Andrew Baldwin & Bradley Rozzi are Allen's public appointed attorneys. Both attorneys withdrawn 10/19/23.
Defense attorneys Robert Cliff Scremin & William Santino Lebrato as Contract Public Defenders appointed on 10/27/23 & on 10/30/23 added Bradley Anthony Rozzi.
Trial was set to begin on 1/8/24 was vacated & rescheduled on 10/15/24. (thru 11/1).
Jurors will be chosen from Allen County & transported to Carroll County for trial.
Charges, case & court info from 4/19/21 thru 10/30/23 reference post #955 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-169.693943/page-48
10/30/23 Update: “Attorney Baldwin enters his appearance as Mr. Allen's privately contracted lawyer. Attorney Baldwin acknowledges his prior representation of Mr. Allen as his contracted Public Defender and reaffirms that he (Attorney Baldwin) did not and has not, voluntarily withdrawn from Mr. Allen's case in said capacity. The filing of this appearance is intended to convert Attorney Baldwin's status as Mr. Allen's Public Defender to Mr. Allen's private counsel, wherein Attorney Baldwin will move forward with said representation on a pro bono basis, in the event that he is not reinstated as Mr. Allen's Public Defender. With well over 1,000 hours of time spent reviewing evidence, analyzing evidence and preparing Mr. Allen's case for trial, and with the desire to have the Court hear suppression evidence, and the desire to get this case in front of a jury as soon as possible in order to honor Mr. Allen's Fourth, Fifth and Sixth Amendment Rights, Attorney Baldwin enters his appearance.” Bradley Rozzi also filed same Pro Bono Appearance form. Rozzi & Baldwin are expected to attend tomorrow’s hearing, 10/31/23 at 9am, along with the two new attorneys that were appointed to the case.
10/30/23 Update: Appearance filed by State for James David Luttrull, Jr. 10/31/23: Appearance Filed. Pro Bono Appearance of Andrew Baldwin filed for Allen. Appearance filed. Appearance of William S. Lebrato filed for Allen & Appearance filed. Appearance (Pro Bono) of Bradley A. Rozzi filed for Allen. Andrew J. Baldwin official added as retained attorney for Allen. Order received from the Indiana Supreme Court. Noticed to Nicholas McLeland, Andrew Baldwin, Bradley Rozzi, Robert Scremin, William Lebrato & James Luttrull.
10/31/23: Motion for continuance of Jury Trial filed by Allen. In a filing Oct. 31, attorneys William S. Lebrato & Robert C. Scremin noted they were appointed to the case Oct. 27 & have not received discovery, stating "it will be impossible for counsel to be ready for trial in January, 2024."
10/31/23 Update: Judge Gull told Allen, "I cannot & will not allow these attorneys to represent you." She then disqualified Baldwin & Rozzi from representing him, even pro bono for alleged “gross negligence.” Baldwin's attorney spoke to the judge about his disqualification. He said the judge did not give them notice of the alleged "gross negligence" on the defense's part, so they were not prepared for the ruling on them not representing Allen. He said the judge's summary ruling violates the constitution & is unfair to Allen & his defense. Motion for trial continuance-Granted. The state had no objection to the motion. Special Judge Fran Gull, who’d earlier expressed skepticism at meeting the January date, pushed Allen’s trial back a year, setting a new date of October 2024. The trial is set to take place between 10/15/24 & 11/1/24. The new attorneys have not talked to the state yet. A return of discovery is coming by end of week. Gull noted that there were still several motions pending before the court, including a motion to suppress evidence gathered during a search of Allen's home and a Franks hearing that challenges the truthfulness of police in obtaining the search warrant for Allen's home. No dates for these matters were set during Tuesday's hearing. Baldwin & Rozzi indicated they could return the state's discovery evidence to Carroll County Prosecutor Nick McLeland by the end of the week. Gull gave Baldwin & Rozzi the option of working with Scremin & Labrato, but she left it as a request, not an order.
10/31/23 Update: Verified Supplementation of the Record filed by Allen. Motion to withdraw appearance filed. Withdrawal of limited appearance by Allen for Baldwin’s attorney David Hennessy.
11/1/23 Update: Judge Gull's Document Dump June 27, 2023 (283 pgs), Memorandum in support of Motion 9/18/2023 (136 pgs) Odin and SW and Record of Proceedings 10/30/2023 (240 pgs)-see posts #318 & 319 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-170.694716/page-16
11/1/23 Update: Automated paper Notice issued to parties. Order received from the Indiana Supreme Court; James David Luttrull. Automated ENotice issued to parties. Order received from the Indiana Supreme Court; Andrew Baldwin, Bradley Rozzi, Nicholas McLeland, Robert Scremin & William Lebrato. 11/01/23 Update: Order Granting. Order granting withdrawal of counsel for David Hennessey by Judicial Officer: Gull, Frances. Noticed: McLeland, Nicholas Charles. Baldwin, Andrew Joseph, Rozzi, Bradley Anthony, Scremin, Robert Cliff. Lebrato, William Santino & Luttrull, James David Jr.
11/2/23 Update: Order Issued. Defendant appears in person with court appointed counsel Robert Scremin & William Lebrato. State by Prosecuting Attorney Nicholas McLeland & Special Prosecutor James Luttrell. Former counsel Rozzi & Baldwin also appear, having entered an appearance October 30, 2023. Attorney Scremin & Lebrato's Motion to Continue the jury trial heard & granted without objection by the State as defendant is accepting the Criminal Rule 4 time. Court then addresses former attorneys Baldwin & Rozzi's appearance. The Court previously found gross negligence by said attorneys in their representation of the defendant. Nothing has changed in the intervening twelve (12) days that removes the Court's grave concerns about their representation. Over Rozzi & Baldwin's strenuous objections, Court disqualifies them from representing the defendant & affirms the appointment of contract Public Defenders Scremin & Lebrato. Former attorneys represent to the Court they will return all discovery to the State of Indiana by the end of the week. Counsel ordered to do so to enable the State to provide that discovery to Attorneys Scremin & Lebrato. Court encourages former attorneys to cooperate with Attorneys Scremin & Lebrato for the benefit of the defendant. Court notes two (2) pending motions (Motion to Suppress, Motion for Franks Hearing) & will await a report from Attorneys Scremin & Lebrato & Prosecuting Attorney McLeland regarding hearing dates. Baldwin's attorney, Hennessey, addresses the Court at Baldwin's request. Jury trial scheduled for 10/15/24-11/1/24, with jury selection to be conducted in Allen County & trial in Carroll County. Appearance filed. Limited appearance of Cara Schaefer Wieneke (she was just recently appointed by the Supreme Court to its Disciplinary Commission) filed for Allen. Praecipe for transcript filed. Defendants Motion for transcripts filed by Allen.
11/3/23 Update: Order Issued: James D. Luttrull, Andrew Baldwin, Bradley Rozzi, Nicholas McLeland, Robert Scremin & William Lebrato. Court notes 2 pending motions-Motion to Suppress & Motion for Franks Hearing- & will await a report from attorneys Scremin & Lebrato & prosecuting attorney McLeland regarding hearing dates.
11/3/23 Update: Supreme Court Order. On 10/30/23 the Court set a briefing schedule in this matter requiring that any briefs opposing issuance of the writ must be filed directly with the Clerk of the Supreme Court on or before Thursday, 11/9/23. Respondents, by counsel, have requested an extension of this deadline. In their motion, Respondents indicate that the Office of the Indiana Attorney General declined to represent Respondents in this matter; Respondents engaged new counsel on 11/3/23 & counsel will require additional time to adequately respond to the issues presented in Relator’s petition. Being duly advised, the Court GRANTS Respondents’ “Unopposed Motion for Extension of Time to Respond to Petition for Writs of Mandamus & Prohibition.” Any briefs opposing issuance of the writ or any supplemental records must be filed directly with the Clerk of the Supreme Court on or before Thursday, 11/16/23. Any supplemental record must be submitted in the same format required for the record under Original Action Rule 3(C) and (G). Once briefing is completed, the Court will take the matter under advisement. Done at Indianapolis, Indiana, by Loretta H. Rush Chief Justice of Indiana. Case #235-OR-311.
11/3/23 Update: Order issued. Motion to withdraw appearance filed by Indiana Dept. of Correction (re Motion to Quash subpoena). Order received from Indiana Supreme Court. Supreme Court Case See post #636 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-170.694716/page-32
11/6/23 Update: (Case #235-OR-311) Supreme Court docket updates. See post #755 (page 38) & 762 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-170.694716/page-39
11/6/23 Update: Supreme Court: Allen is requesting that the Indiana Supreme Court to reinstate Baldwin & Rozzi as his defense counsel. He is also requesting his trial to be set within 70 days of the court acting upon his request. Allen is also asking for the Indiana Supreme Court to remove Gull from the case & to appoint a new special judge in her place. As part of this filing, Allen is asking for a copy of the transcript of the meeting between Gull & his previous defense team before the October 19 hearing, where she announced they would no longer be on Allen's case. Allen's team needs the transcript before an appellate court could rule on his requests. Allen's request, if granted, would place the beginning of his trial in January 2024, as was previously planned. However, in light of a new defense team being appointed for Allen, Gull moved his trial back to October & November of 2024.
11/6/23 Update: Order Issued. Any briefs opposing issuance of the writ or any supplemental records must be filed directly with the Clerk of the Supreme Court on or before Thursday, 11/16/23. Any supplemental record must be submitted in the same format required for the record under Original Action Rule 3(C) & (G). Once briefing is completed, the Court will take the matter under advisement. Judicial Officer: Rush, Loretta H. Serve: Gull, Frances M. Cutino, Wieneke, Cara Schaefer, Rokita, Theodore Edward, Trial Clerk 08 - Carroll, Leeman, Mark Kelly, Sanchez, Angela & Supreme Court Public Information Officer.
11/6/23 Update: Murder case: Order Received from the Indiana Supreme Court. 11/8/23 Update: Automated ENotice Issued to Parties. Order Received from the Indiana Supreme Court on 11/6/23: Nicholas Charles McLeland; Robert Cliff Scremin; William Santino Lebrato. Order Received from the Indiana Supreme Court 11/6/23: James David Luttrull.*
11/8/23 Update: Amicus Curiae rec'd in SC case 2. Received Document. Receive Date: 11/06/23. Appearance by Indiana Public Defender Council (Bernice Corley & Joel Schumm), Motion to Appear as Amicus Curiae & Brief (certificate of service does not specify a method of service. Postmark Date: 11/6/23. Notice of Defect Issued. Appearance, Motion to Appear as Amicus Curiae & Brief of IPDC. Party: Indiana Public Defender Council. Serve: Wieneke, Cara Schaefer, Rokita, Theodore Edward, Leeman, Mark Kelly, Sanchez, Angela, Corley, Bernice Angenett Nickole & Schumm, Joel M. Issue Date: 11/8/23. Document Transmitted 11/8/23.
11/8/23 Update: Order Issued. Being duly advised, the Court ORDERS Respondents to either file a response to Relator's "Motion for Transcript" with the Clerk of this Court on or before Thursday, 11/16/23, or to include the requested transcript as a supplemental record filed pursuant to Original Action Rules 3(C) & (G) & this Court's order of 11/6/23. Judicial Officer: Rush, Loretta H. Serve: Gull, Frances M. Cutino, Wieneke, Cara Schaefer, Rokita, Theodore Edward, Trial Clerk 08 - Carroll, Leeman, Mark Kelly, Sanchez, Angela & Supreme Court Public Information Officer File Stamp: 11/8/23. Appearance. Certificate of Service- Electronically Served 11/8/23. Attorney: Corley, Bernice Angenett Nickole & Attorney: Schumm, Joel M. Party: Indiana Public Defender Council. File Stamp: 11/8/23. Notice of Amendment of Certificates of Service Certificate of Service- Electronically Served 11/8/23. Attorney: Corley, Bernice Angenett Nickole & Attorney: Schumm, Joel M. Party: Indiana Public Defender Council. File Stamp: 11/8/23. Motion to Appear as Amicus Curiae. Certificate of Service- Electronically Served 11/8/23. Attorney: Corley, Bernice Angenett Nickole & Attorney: Schumm, Joel M. Party: Indiana Public Defender Council. File Stamp: 11/8/23. Received Document. Receive Date: 11/8/23 Brief of Amicus Curiae - IPDC - pending ruling on motion to appear. Postmark Date: 11/8/23. Notice of Defect Cured. Clerk Comments: Appearance, Motion to Appear as Amicus Curiae & Brief of IPDC. Party: Indiana Public Defender Council. Serve: Wieneke, Cara Schaefer, Leeman, Mark Kelly, Sanchez, Angela, Corley, Bernice Angenett Nickole & Schumm, Joel M. File Stamp: 11/8/23. 11/8/23: Document Transmitted.
11/9/23 Update: Supreme Court: Motion for Extension of Time to respond to Petition for Writ of mandamus & motion for transcript Certificate of Service-electronically served. Attorney: Christopher S. Stake & Matthew R. Gutwein & Party Frances M. Cutino Gull. Order Granting Extension of Time to 11/27/23. 11/9/23 Update: Objection to respondent's Motion for Extension of time Certificate of Service filed by Cara Schaefer Wienek & Mark Kelly Leeman for Allen. Order Granting Motion to Appear as Amicus Curiae filed by Rush.
11/14/23 Update: Order Issued. The Court has recently reviewed the Chronological Case Summary (CCS) in this cause & notes that the Clerk of the Court has not yet made available to the public on the CCS the 118 documents previously made remotely accessible by Court Order of June 28, 2023. The Court previously created a website for these documents as a convenience to the public & the Clerk & to ensure the public had prompt remote access to these documents. The Clerk is ordered to enter these documents on the CCS forthwith. The Clerk is further ordered to unseal the June 20, 2023, filing by the Carroll County Sheriff & the July 5, 2023, letter from a Dept. of Correction inmate & place same on the CCS. The Court further notes that a Motion for Franks Hearing, and accompanying documents filed by former attorneys on 9/18/23 (including the Franks Motion, Memorandum in Support of Motion & 10/31/23 Exhibits List) are marked as confidential on the CCS as counsel failed to supply a redacted version at the time of filing. On 10/31/23, the Court ordered defendant's new counsel to review the pleadings & discovery & either adopt those pleadings or make their own. If counsel adopts same, they are ordered to file a redacted version of the pleadings. If defendant's new counsel inform the Court they intend to pursue the Franks Motion, the Court will schedule a hearing. Finally, the Clerk is ordered to place & make accessible on the CCS former attorneys' pleadings of 10/25/23 & 10/26/23. As noted in its prior order, the Court considers these pleadings stricken from the record & will not consider those pleadings as the attorneys who filed same are no longer counsel of record. Judge Frances Gull. Noticed: McLeland, Nicholas Charles, Scremin, Robert Cliff, Lebrato, William Santino & Luttrull, James David, Jr. Order Signed: 11/14/23.
11/16/23 Update: Supreme Court: Received Document. Receive Date: 11/15/23 Notice of Appearance of Amicus Curiae (The Indiana Broadcasters Association, Hoosier State Press Association, American Broadcasting Companies, Inc. d/b/a ABC News, E.W. Scripps Company d/b/a WRTV, Gannett Satellite Information Network, LLC d/b/a the Indianapolis Star, Nexstar Media Inc. d/b/a WXIN/WTTV, and TEGNA Inc. d/b/a WTHR) - Daniel Byron, Scott Leisz, Margaret Christensen, Jessica Meek - Certificate of service does not indicate service of actual document and refers to federal case management system. Motion for Amicus Curiae - Certificate of service does not indicate service of actual document & refers to federal case management system. Brief - lacks table of contents & table of authorities & actual cover page. Also, certificate of service is non-compliant. Notice of Defect Issued. Notice of Appearance (Daniel Byron, Scott Leisz, Margaret Christensen, Jessica Meek), Motion for Amicus ^ Brief - Indiana Broadcasters Association, et al. Served: Smith, Margaret Lee, Wieneke, Cara Schaefer, Cook, Jessie A., Sanchez, Angela, Stake, Christopher S., Gutwein, Matthew R., Byron, Daniel P. Leisz, Scott Russell, Christensen, Margaret Marie & Meek, Jessica Laurin. Issue Date: 11/16/23. Document Transmitted.
11/17/23 Update: Supreme Court: Order Granting Motion to Appear as Amicus Curiae. Being duly advised, Media Coalition's "Motion for Leave to Appear as Amicus Curiae" is GRANTED, and the Clerk is directed to file the amicus curiae brief as of the date of this order. Judicial Officer: Rush, Loretta H. Party: The Indiana Broadcasters Association, Hoosier State Press Association, American Broadcasting Companies, Inc dba ABC News, E.W. Scripps Company dba WRTV, Gannett Satellite Information Network LLC dba The Indianapolis Star, Nexstar Media Inc dba WXIN/WTTV, TEGNA Inc. dba WTHR, Served: Smith, Margaret Lee, Rokita, Theodore Edward, Wieneke, Cara Schaefer, Cook, Jessie A., Sanchez, Angela, Stake, Christopher S., Gutwein, Matthew R., Byron, Daniel P., Leisz, Scott Russell, Christensen, Margaret Marie & Meek, Jessica Laurin. File Stamp: 11/17/2023. Order, Proposed amici curiae the Indiana Broadcasters Association, the Hoosier State Press Association, American Broadcasting Companies, Inc. d/b/a ABC News, E.W. Scripps Company d/b/a WRTV, Gannett Satellite Information Network, LLC d/b/a the Indianapolis Star, Nexstar Media Inc. d/b/a WXIN/WTTV, and TEGNA Inc. d/b/a WTHR (collectively, the “Media Coalition”), represent that they are associations and entities with a substantial interest in the newsgathering process, maintaining an informed citizenry, and ensuring the public’s free and robust access to public records, news, information, and matters of public concern and safety. Proposed amici are substantively aligned with the Relator, who filed a petition for writ of mandamus on October 30, 2023. Proposed amici filed a motion to appear amicus curiae according to Appellate Rule 41 and tendered a joint brief. Being duly advised, Media Coalition’s “Motion for Leave to Appear as Amicus Curiae” is GRANTED, and the Clerk is directed to file the amicus curiae brief as of the date of this order.
11/17/23 Update: Supreme Court. Order Granting Motion to Clarify. Being duly advised, the State's "Verified Motion to Clarify Deadline for Response" is GRANTED. Any response brief filed under Rule 3(F) of the Rules of Procedure for Original Actions must be filed directly with the Clerk of the Supreme Court on or before Monday, November 27, 2023. Judicial Officer: Rush, Loretta H. Served: Wieneke, Cara Schaefer, Rokita, Theodore Edward, Leeman, Mark Kelly, Sanchez, Angela, Corley, Bernice Angenett Nickole, Schumm, Joel M., Stake, Christopher S., Gutwein, Matthew R. & Kobe, Andrew Anton. File Stamp: 11/17/2023.
11/17/23 Update: Appearance by Deputy AG. Certificate of Service- Electronically Served 11/16/23. DAG: Sanchez, Angela, Kobe, Andrew Anton. Party: State of Indiana. File Stamp: 11/16/2023.
11/20/23 Update: Murder case: Order granting Motion to withdraw. For DOC attorney Hannah M. Deters. Noticed: McLeland, Nicholas Charles, Scremin, Robert Cliff, Lebrato, William Santino & Luttrull, James David JR. Order Signed: 11/17/23.
11/20/23 Update: The special judge assigned to the Delphi murders investigation has responded to the Indiana Supreme Court & said that Allen’s claim of not having access to all documents related to the case has no merit & that he has not been hindered in any way from accessing them.
11/21/23 Update: Murder: Transcript from the in-chambers meeting released. See post #211 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-172.696630/page-11
11/21/23 Update: Supreme Court. Motion for Leave to File Reply to Response to Respondent's Objections Certificate of Service- Electronically Served 11/21/23. Attorneys: Smith, Margaret Lee, Wieneke, Cara Schaefer & Cook, Jessie A. Party: Allen, Richard M. File Stamp: 11/21/23. Received Document. Receive Date: 11/21/23 Relator's Response to Respondent's Objections - pending ruling on motion to file. Postmark Date: 11/21/23.
11/21/23 Update: Gull's brief response on 11/16/23. Relator's Response to Respondents objections (Smith, Wieneke & Cook). for more info see post #365 here:
link: https://www.websleuths.com/forums/t...ers-richard-allen-arrested-172.696630/page-19
11/22/23 Update: Supreme Court: On 10/30/23, the relator, by counsel, petitioned for a writ of mandamus & prohibition, seeking relief under the Rules of Procedure for Original Actions. On 111623, Respondents, by counsel, filed a brief opposing the petition. The relator has moved to file a brief replying to the respondents' brief. Although the Rules of Procedure for Original Actions do not afford a relator the right to file a reply after the respondents have opposed issuance of a writ, the Court retains the authority to permit deviation from the rules & chooses to do so here. Being duly advised, the Court GRANTS the relator's "Motion for Leave to Respond to Respondent's Objections." The Clerk is instructed to file the relator's "Response to Respondent's Objections" as of the date of this order. Done at Indianapolis, Indiana, on 11/22/23.
11/27/23 Update: Supreme Court Case #23S-OR-00311. Document Filed. Indiana Attorney General's (Brief in) Response to Relator Allen's Petition for a Writ of Mandamus Certificate of Service- Electronically Served 11/27/23. Attorney: Sanchez, Angela. Party: State of Indiana. 11/27/23: Brief - Respondent. Certificate of Service- Electronically Served 11/27/23. Attorney: Stake, Christopher S. & Gutwein, Matthew R. Party: Gull, Frances M. Cutino.
11/28/23: Murder: Notice of completion of representation filed by Allen. 11/29/23: Notice of completion of representation notice to James D. Luttrull & automated e-Notice to Nicholas C McLeland, Robert C. Scremin & William S. Lebrato. Order received from the Indiana Supreme Court. Order signed 11/22/23.
12/1/23 Update: Supreme Court #235-OR-00311-Order Issued. Being duly advised, the Court GRANTS the "Relators' Motion for Leave to File Response to Respondent's & Attorney General's Objections." The Clerk is instructed to file the "Relator's Response to Respondent's & Attorney General's Objections" as of the date of this order. Judicial Officer: Rush, Loretta H. Served: Wieneke, Cara Schaefer, Rokita, Theodore Edward, Trial Clerk 08 - Carroll, Leeman, Mark Kelly, Sanchez, Angela, Corley, Bernice Angenett Nickole, Schumm, Joel M., Stake, Christopher S., Gutwein, Matthew R., Kobe & Andrew Anton. File Stamp: 12/1/23. Response (Brief in Response to Respondent's & Attorney General's Objections) Certificate of Service- Electronically Served 11/30/23. Attorney: Wieneke, Cara Schaefer & Leeman, Mark Kelly. Party: Allen, Richard M. File Stamp: 12/1/23.
12/6/23 Update: Murder: Filed Verified Motion for immediate transfer of custody. Allen has been moved to another prison for his safety. Allen was transferred from the Westfield Correctional Facility in LaPorte County to Wabash Valley Correctional Facility (long term segregation) in Sullivan County on Wednesday, according to a notice to the court filed Thursday by Attorney General Todd Rokita. On November 2, 2022, Tobe H. Leazenby, Sheriff of Carroll County, filed Request by the Sheriff of Carroll County to Transfer inmate from Carroll County Jail to the Custody of the Indiana Dept. of Corrections for Safekeeping. The Court, being duly advised, FINDS that Defendant is an inmate awaiting trial & is in imminent danger of serious bodily injury or death, or represents substantial threat to the safety of others. This FINDING is not predicated on any acts or alleged acts of the Defendant, since arrest, rather toxic & harmful insistence on “public information” about Defendant & this case.
12/11/23 Update: Order Scheduling Oral Argument (235-OR-311). The Supreme Court will hear oral argument on the Relator's second application for writ of mandamus & prohibition in State ex rel. Allen, 23S-OR-311, on 1/18/24 @ 11am, as the state’s highest court will hear Allen’s request to reinstate his original defense team of Bradley Rozzi & Andrew Baldwin & remove Special Judge Fran Gull from his trial. The petition also wants the judge to schedule a trial within 70 days of its ruling. Judicial Officer: Rush, Loretta H. Served: Wieneke, Cara Schaefer, Rokita, Theodore Edward, Trial Clerk 08 - Carroll, Leeman, Mark Kelly, Sanchez, Angela, Supreme Court Public Information Officer, Corley, Bernice Angenett Nickole, Schumm, Joel M., Stake, Christopher S., Gutwein, Matthew R. & Kobe, Andrew Anton.
12/11/23 Update: Supreme Court Case #235-OR-00302. Order Issued. The Justices of this Court have reviewed the briefs & other filed materials & conferred with each other. Because Allen bore the burden to persuade this Court to issue a writ & he has not done so, the petition is DENIED. This disposition is final. No petitions for rehearing or motions to reconsider shall be filed in this original action. All Justices concur. Judicial Officer: Rush, Loretta H. Served: Smith, Margaret Lee, Rokita, Theodore Edward, Wieneke, Cara Schaefer, Cook, Jessie A., Trial Clerk 08 - Carroll, Sanchez, Angela, Supreme Court Public Information Officer, Stake, Christopher S., Gutwein, Matthew R., Byron, Daniel P., Leisz, Scott Russell, Christensen, Margaret Marie & Meek, Jessica Laurin.
12/18/23 Update: Murder: The Indiana Supreme Court denied a request from Allen to unseal documents that were excluded from public access due to a rule that permits a trial court to keep court records from public view. The Court said Allen failed to "show a clear & obvious emergency where the failure of this Court to act will result in substantial injustice." 12/19/23 Update: Murder: Correspondence to/from Court Filed. Letter received from Robert P. Baston. The Court said this decision to deny Allen's request is final, and "no petitions for rehearing or motions to reconsider shall be filed." In a separate decision, the Court also said it would hear arguments pertaining to both Allen's request for his attorneys to be reinstated & that Judge Gull removed from his case. That hearing will take place in the Courtroom of the Indiana State Supreme Court on 1/18/24 @ 11am. The Court said each party will have 30 minutes to plead their case.
1/3/24 Update: Murder: Order Issued. Correspondence from Inmate Robert Baston received & reviewed. Court takes no action on the correspondence as it has nothing to do with this cause (despite the inmate attempting to file it under this cause number). Additionally, the inmate is complaining about conditions within the Department of Correction; this Court has no jurisdiction to address the inmate's complaints. Judicial Officer: Gull, Frances. Order Signed: 1/2/24.
1/12/24 Update: Murder: Motion Filed. Motion to Transfer Richard Allen. Filed By: Allen, Richard M. Attorneys Robert Scremin & William Lebrato filed a 6-page motion. Noted on first page of motion to transfer: it is counsel's belief that 1) Mr. Allen is not being treated similar to other pretrial detainees being held in county jails, and 2) pretrial incarceration at Wabash Valley Correctional Facility will seriously, if not fatally, impact counsel's ability to effectively represent Mr. Allen due to the distance of travel and visitation conditions. The motion says that the new prison has no room setup for meetings with lawyers, so they had to meet him in what appeared to be a prep-kitchen with a cell built-in for feeding prisoners. They could only communicate with him through the small slot in the cell door that was meant for passing food into the cell. They weren't allowed to come within 6 feet of the door and thus couldn't show him any documents and had to yell so that they could be heard. After spending years in the Westville Correctional Facility, where both Allen’s previous attorneys & new attorneys have raised issue, Allen was moved to the Wabash Valley Correctional Facility on December 6, 2023. In the motion, the attorneys claim they are located 233 miles from the high security prison in Sullivan County. The attorneys claim their December 22, 2023 visit to Allen was a 10-hour day. Scremin requests the court move Allen to the Allen County Jail or the Adams County Jail. It is unclear when or if special judge Fran Gull will rule on this motion. She is a topic of discussion on Jan. 18 when the Supreme Court holds a hearing about her place in the case and the reinstatement of past attorneys Rozzi & Baldwin.

 

[girlhasnoname]

As I see it, you have the following shown in the Franks

1. A crime scene with staging of some kind - hard to assess without the evidence
2. An inference that it is occult
3. An inference that is is specifically odinist
4, An investigative hypothesis to investigate local odinists from Law Enforcement

Note none of the above is evidence against any particular offender.

If the theory was correct, you'd expect to find evidence implicating the suspects following investigation - but just using one example, with the first offender, the Franks notes hard alibi evidence was discovered, and nothing that links him to the crime (in my opinion).

IMO this demonstrates the difference between the standard for investigation, and the standards of evidence in court, or for a prosecution.

So this is why I am sceptical. I don't see anything in Franks that links any of these guys to the crime save a confession which is not likely admissible as proof the guy is guilty.

I do agree that maybe you are allowed to call a law enforcement officer who is invested in the theory who will say he believes an occultist did it.

In any event roll on SCOIN and maybe we can get back to a trial focus

Yes, I hope This Is The Day that the SCOIN gets the train back on the track. We will know if Judge Gull is in or out, and if the ExD is in or out. That is going to be a huge nudge in getting things rolling again.

I am unsure 50/50% that Judge G will continue on, especially with her 'health' issues and new appointment
I am pretty sure that the exD will not be reinstated - 75%

However it turns out, it's time to get this case moving forward.

#Justice4Abby&Libby

MOO

 

[mrjitty]

Just a note that we won't learn the answers today! just short oral arguments. The questions the judges might give some inkling of their direction.

 

[girlhasnoname]

Just a note that we won't learn the answers today! just short oral arguments. The questions the judges might give some inkling of their direction.

That's right, we won't know today. Thanks for reminding me of that. How long will they deliberate I wonder?

 

[TL4S]

Yes, I hope This Is The Day that the SCOIN gets the train back on the track. We will know if Judge Gull is in or out, and if the ExD is in or out. That is going to be a huge nudge in getting things rolling again.

I am unsure 50/50% that Judge G will continue on, especially with her 'health' issues and new appointment
I am pretty sure that the exD will not be reinstated - 75%

However it turns out, it's time to get this case moving forward.

#Justice4Abby&Libby

MOO

So if we're placing bets...

I'm saying 75% the ex-D gets reinstated, if not as appointed, than pro bono. And if that happens, 100% JG does not continue on.

Of course, I wouldn't wager more than a couple bucks, but...

 

[legalmomma]

The direct link to the oral arguments today:

Indiana Appellate Clerk's Portal

When:
THU, JAN 18, 2024 at 11:00 AM
Court:
Indiana Supreme Court
Panel:
J. Rush
J. Massa
J. Slaughter
J. Goff
J. Molter
Case No:
23S-OR-00311
Lower Case:
08C01-2210-MR-000001
County:
Carroll
Current local time is: THU, JAN 18, 2024, 7:23 AM
The video player will be available 2 minutes before the argument is scheduled to begin.

Case Summary​

Richard Allen is charged with two counts of murder. After the special judge of the Carroll Circuit Court disqualified Allen’s attorneys and appointed new attorneys, Allen filed an original action petition with the Indiana Supreme Court. Allen alleges the trial court exceeded its jurisdiction by disqualifying his attorneys over his objection. Allen has asked the Indiana Supreme Court to issue a writ reinstating his previous attorneys, setting trial within seventy days, and appointing a new special judge to hear the case. The respondent court and the Attorney General have filed responses opposing the request for writ, and the Supreme Court is hearing oral argument on the petition.
---
Public seating for this argument is extremely limited. If you are interested in sitting in the Courtroom to listen to the argument, you must request a ticket. Tickets will be available in person on the third floor of the north end of the State House beginning at 7:45 a.m. (Eastern) on January 18, 2024. Having a ticket DOES NOT GUARANTEE you a seat in the Courtroom. Seating for the public will begin at about 10:50 a.m.
Clothing, signs, buttons, or other objects designed to convey support for either side of the argument are prohibited. Only the attorneys arguing the case are allowed to speak in court. Any individuals causing a disruption will be removed and subject to contempt of court charges. These decorum rules are in place to allow the attorneys to argue their positions to the Court. Thank you for understanding.
Please see the full guide on Courtroom decorum.

 

[girlhasnoname]

No way was the exD ready to go to trial Jan 14th. They can claim now whatever they want, you know having a signed non-dated Motion for Speedy Trial by RA in their bag of tricks and all, but there were pending Motions not yet scheduled and heard, Interviews and Depositions not yet taken, and it was during the holiday season when Court was not in session every day.

If they had a signed Motion by RA from August, why didn't they submit it before they were tossed off the case in October? They were holding back on it as long as possible because they were not prepared.

I call a big Nope on the exD on this one, among many other things.

MOO

 

[arielilane]

@KodyFisherTV

A crowd is gathering outside the Indiana Supreme Court for the Richard Allen hearing. Allen is asking the court to reinstate his original defense attorney’s who were tossed from the case by Judge Fran Gull after a leak of crime scene evidence in the fall.

https://twitter.com/x/status/1748004824015159315

 

[arielilane]

@alcaprari23

Good morning! Today I am at the Indiana Supreme Court for a hearing regarding Richard Allen and the #DelphiMurders. Allen's defense team was removed after crucial evidence, including crime scene photos, were leaked to the public. Allen hopes to reinstate his lawyers and remove the trial judge for perceived bias. The court will hear oral arguments and make a decision that could decide when this case will go to trial.

https://twitter.com/x/status/1747989766602100743

Richard Allen is not expected to be in court today. I will live tweet the proceedings when they begin at 11amET. You can watch my coverage later on @NewsNation throughout the day.


9:30 AM · Jan 18, 2024 from Indianapolis, IN


Today at the Indiana Supreme Court, Allen has these requests:1) Reinstate former public defenders Bradley Rozzi and Andrew Baldwin2) Set a speedy trial within 70 days of high court's decision3) Remove Judge Frances Gull and replace her with another Special Judge


9:30 AM · Jan 18, 2024 from Indianapolis, IN


Richard Allen is charged with the 2017 murders of teenagers Abby Williams and Libby German in Delphi, Indiana.Allen claims he was mistreated by the court after Judge Frances Gull dismissed his attorneys for being "grossly negligent" following the leak of crime scene photos.

9:30 AM · Jan 18, 2024

 

[sunshineray]

@KodyFisherTV

A crowd is gathering outside the Indiana Supreme Court for the Richard Allen hearing. Allen is asking the court to reinstate his original defense attorney’s who were tossed from the case by Judge Fran Gull after a leak of crime scene evidence in the fall.

View attachment 475594

https://twitter.com/x/status/1748004824015159315

Is RA attending this hearing?

 

[photographer4]

https://x.com/defense_diaries/status/1747761094859366454?s=46&t=CebEjvidhDaYxPmQntcKRQ

Tomorrow at 10:30 a.m. EST we will be streaming LIVE coverage and analysis of the historic oral arguments in #RichardAllen's epic battle to get the lawyers of his choice. Ali will be guiding you through the arguments and I'm definitely biased but pretty sure there is no one better to have as your guide. With 20 plus years of criminal defense work comes knowledge. I'll be in the Courtroom and will be reporting after, to give y'all the deets on the stuff you couldn't see on the stream. @theshamingofjay will be co-hosting, helping her with all the tech stuff. Make sure to subscribe to get that notification!
#Delphi #JusticeforAbbyandLibby

Live coverage and analysis of the historic oral arguments in the #Dephi case

Richard Allen's former defense lawyers, either withdrew or were bum rushed off the case and they wanted back on. Judge Frances Gull told them, hard pass, I ...

www.youtube.com

Will this just auto play if it says "waiting for the defense diaries..."? I'm new to this.

 

[Yemelyan]

Is RA attending this hearing?

They said he wasn't expected to.

 

[photographer4]

As I see it, you have the following shown in the Franks

1. A crime scene with staging of some kind - hard to assess without the evidence
2. An inference that it is occult
3. An inference that is is specifically odinist
4, An investigative hypothesis to investigate local odinists from Law Enforcement

Note none of the above is evidence against any particular offender.

If the theory was correct, you'd expect to find evidence implicating the suspects following investigation - but just using one example, with the first offender, the Franks notes hard alibi evidence was discovered, and nothing that links him to the crime (in my opinion).

IMO this demonstrates the difference between the standard for investigation, and the standards of evidence in court, or for a prosecution.

So this is why I am sceptical. I don't see anything in Franks that links any of these guys to the crime save a confession which is not likely admissible as proof the guy is guilty.

I do agree that maybe you are allowed to call a law enforcement officer who is invested in the theory who will say he believes an occultist did it.

In any event roll on SCOIN and maybe we can get back to a trial focus

I'd like to know how police discounted EF's confession, but prosecutors are zero'd in on RA's confessions(s) or incriminating statements to his loved ones?

 

[iamshadow21]

@alcaprari23

Good morning! Today I am at the Indiana Supreme Court for a hearing regarding Richard Allen and the #DelphiMurders. Allen's defense team was removed after crucial evidence, including crime scene photos, were leaked to the public. Allen hopes to reinstate his lawyers and remove the trial judge for perceived bias. The court will hear oral arguments and make a decision that could decide when this case will go to trial.

https://twitter.com/x/status/1747989766602100743

Richard Allen is not expected to be in court today. I will live tweet the proceedings when they begin at 11amET. You can watch my coverage later on @NewsNation throughout the day.


9:30 AM · Jan 18, 2024 from Indianapolis, IN


Today at the Indiana Supreme Court, Allen has these requests:1) Reinstate former public defenders Bradley Rozzi and Andrew Baldwin2) Set a speedy trial within 70 days of high court's decision3) Remove Judge Frances Gull and replace her with another Special Judge


9:30 AM · Jan 18, 2024 from Indianapolis, IN


Richard Allen is charged with the 2017 murders of teenagers Abby Williams and Libby German in Delphi, Indiana.Allen claims he was mistreated by the court after Judge Frances Gull dismissed his attorneys for being "grossly negligent" following the leak of crime scene photos.

9:30 AM · Jan 18, 2024

That is a gorgeous old courtroom. I didn't think beautiful old courtrooms like that were used anymore by anyone but tv dramas and mock trials by students. Every modern courtroom I've seen looks like it's been decked out in industrial synthetic carpet, laminate, and plywood. This looks like it should be hosting a 19th century murder case with a rich widow in pearls and a black mourning veil as the defendant. I guess the supreme court of Indiana decided they liked their digs and didn't want a modern space furnished with IKEA knockoffs.

MOO