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

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photographer4 said:
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?
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The Prosecution had recorded copies of RA's confession, that's hard to dispute. We don't know why the discounted EF, maybe he an alibi and/or his statement wasn't true to begin with. I guess we'll have to wait for trial to see how the State eliminated potential POI.

JMO
 
@alcaprari23

We have just been allowed into the courtroom. It will be a full house today. There was a limited number of approved media and about 50 members of the general public who showed up early enough to get a ticket. Obviously this case has captured mass national attention.


10:53 AM · Jan 18, 2024


The court administrator is reminding everyone that this will be a civil hearing. No disruptions, no shouting, no photos or video unless you are the approved pool camera. Earlier, they reminded everyone not to wear buttons or show support for one side over the other.


10:56 AM · Jan 18, 2024
 
@alcaprari23

The Supreme Court of Indiana is now in session.Counsel for Richard Allen will argue first. Oral arguments will be two minutes to begin and then the justices can ask questions. There will be rebuttals.


11:01 AM · Jan 18, 2024


Allen's counsel is arguing the judicial system is undermined when an entire legal team is removed. The judge took "clearly coercive action" to sever the relationship between Allen and defense, he says. He says the judge exceeded her jurisdiction, crossing the barrier of neutrality and "entered the realm of being an advocate."


11:03 AM · Jan 18, 2024
 
@alcaprari23

Justices ask counsel to define the difference between authority and jurisdiction. He says the judge is under an absolute duty to act under the wishes of the defendant. In this case, the defendant wants his legal team.


11:04 AM · Jan 18, 2024

https://twitter.com/alcaprari23

Chief Justice asks why Allen's team didn't file their motion for a speedy trial during the trial phase. Richard Allen signed off on it, but his attorneys didn't file it. Chief Justice questions if she can rule on that motion if it didn't even go through the lower court process.


11:07 AM · Jan 18, 2024

Defense: The client has the autonomy to choose the direction of his representation...he is allowed to waive any concerns and proceed with his lawyers...


11:09 AM · Jan 18, 2024



Defense is getting heated, raising his voice at the growing concerns being raised by the justices about the merit of his argument. He is professional, but he is agitated.


11:09 AM · Jan 18, 2024
 
@alcaprari23

Defense argues that Judge Gull never even held a hearing to voice her concerns about alleged negligence and incompetence. She just made the decision without a discussion.Justice Goff questions if this truly is a case for the Indiana Supreme Court: "If we were to agree with you about the arguments you made, why is it that the regular appellate process is wholly insufficient?


11:12 AM · Jan 18, 2024

https://twitter.com/alcaprari23

Defense: "There is no evidence of incompetence. Certainly no evidence of trial incompetence... This is more than just a choice of counsel case. This is interference of counsel and the right to counsel itself."


11:15 AM · Jan 18, 2024
 
Old defense sending information to a criminal defendant in another case? Who is the judge talking about there?
 
@alcaprari23

Justice Molter asks a great question. If the Supreme Court reinstates these defense attorneys and Allen is convicted of killing these two girls, could he be entitled to post-conviction relief due to ineffective counsel for all the reasons being discussed today?


11:19 AM · Jan 18, 2024
 
arielilane said:
@alcaprari23

Justice Molter asks a great question. If the Supreme Court reinstates these defense attorneys and Allen is convicted of killing these two girls, could he be entitled to post-conviction relief due to ineffective counsel for all the reasons being discussed today?


11:19 AM · Jan 18, 2024
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Right and the other judge said, you can't have it both ways
 
@alcaprari23

The inadvertent disclosure of pre-trial evidence has no impact on the case or the defense trial strategy, defense argues.


11:22 AM · Jan 18, 2024

Defense: "If the client is fully aware of these proceedings and still wants to proceed with his attorneys, the judge has a duty to act on his wishes."


11:23 AM · Jan 18, 2024
 
@alcaprari23

Defense's oral argument is over. Now comes the attorney representing Judge Frances Gull.He cites previous case law and says SCOTUS has already ruled on 6th amendment arguments. He says Gull was acting within her rights to protect the constitutional rights of a defendant.


11:26 AM · Jan 18, 2024

Attorney says by law, a trial judge is to be given broad discretion to make these types of decisions.


11:31 AM · Jan 18, 2024

Chief Justice acknowledges that Gull did not call a formal hearing to discuss her thinking and potential decision-making about defense counsel, which she says would have been the right process to follow. Wonders aloud if she did act beyond her authority.


11:35 AM · Jan 18, 2024
 
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