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

[steeltowngirl]

DBM

 

[Ravenmoon]

I don't think they've made fools of themselves really. I think they did their job. Defended their client vigorously. And just because perhaps some people don't want to believe that perhaps Odins were involved in this matter, does not mean they weren't in some way. It is worth investigating this further, even if that investigation takes place on the stand in my view. I'd rather hear alternative theories than have to swallow whatever LE present without any rebuttal. If we don't hear about the Odins at this point, people will always wonder if the lawyers messed up and we *should* have heard about them more. Now that it is out there, the current counsel has no choice really but to run with it otherwise its going to just confuse people more.

I am all for it.
Let's hear all about the Odinists.

 

[StarryStarryNight]

The prosecution’s upgrading the charges to first degree murder in my opinion means that in their continuing investigation LE discovered evidence that links RA directly to the murders and they are more confident in their case against him.
They may or may not ask for the death penalty, but adding it may make it easier to plea bargain.

 

[twall]

UPDATE: Indiana Supreme Court orders Richard Allen’s original defense team of Andrew Baldwin and Bradley Rozzi to be reinstated to the case. The court will not remove Judge Fran Gull from the case and will not order the trial to commence within 70 days.

Indiana Supreme Court reinstates Richard Allen’s original attorneys; judge remains on case

Full videos of Thursday’s hearing are included at the end of the story. INDIANAPOLIS — The Indiana Supreme Court ordered that Richard Allen’s original defense team be reinstated on the …

fox59.com

 

[O.Incandenza]

UPDATE: Indiana Supreme Court orders Richard Allen’s original defense team of Andrew Baldwin and Bradley Rozzi to be reinstated to the case. The court will not remove Judge Fran Gull from the case and will not order the trial to commence within 70 days.

Indiana Supreme Court reinstates Richard Allen’s original attorneys; judge remains on case

Full videos of Thursday’s hearing are included at the end of the story. INDIANAPOLIS — The Indiana Supreme Court ordered that Richard Allen’s original defense team be reinstated on the …

fox59.com

That was quick. I have to think the first thing that Baldwin & Rozzi will file is a motion for recusal.

 

[Ward Thisperer]

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

Wow, that was quick. I am so excited to read their full opinion and rationale!

Edit, oops didn't see twall already posted the order.

 

[Ravenmoon]

UPDATE: Indiana Supreme Court orders Richard Allen’s original defense team of Andrew Baldwin and Bradley Rozzi to be reinstated to the case. The court will not remove Judge Fran Gull from the case and will not order the trial to commence within 70 days.

Indiana Supreme Court reinstates Richard Allen’s original attorneys; judge remains on case

Full videos of Thursday’s hearing are included at the end of the story. INDIANAPOLIS — The Indiana Supreme Court ordered that Richard Allen’s original defense team be reinstated on the …

fox59.com

I wonder what we should expect next?

 

[arielilane]

@alcaprari23

That was fast! Accused #Delphi killer Richard Allen's previously-dismissed attorneys have been reinstated after the majority of the Indiana Supreme Court Justices voted to grant his petition. All other relief sought has been denied. Written opinion to come.

4:31 PM · Jan 18, 2024 from Indianapolis, IN

 

[mrjitty]

That was quick. I have to think the first thing that Baldwin & Rozzi will file is a motion for recusal.

I hope she does recuse personally.

But I guess seeing SCOIN didn't remove her, there are no grounds that require her to go?

 

[StarryStarryNight]

Well, that’s a travesty.

 

[Gardenista]

@alcaprari23

That was fast! Accused #Delphi killer Richard Allen's previously-dismissed attorneys have been reinstated after the majority of the Indiana Supreme Court Justices voted to grant his petition. All other relief sought has been denied. Written opinion to come.

4:31 PM · Jan 18, 2024 from Indianapolis, IN

Here's the order

https://twitter.com/x/status/1748100605606785053

 

[tlcya]

I am glad their decision was speedy. I am personally disappointed Baldwin and Rozzi will be returning to this case but relieved none of the rest of the requests were granted.

It is my hope that the attorneys will move forward in a more reasonable fashion and show a bit more respect for the court and the process (ie. discontinue filing motions meant for the public rather than the court's eyes)

Now, maybe we can get back to the real work ahead. Justice for Abby and Libby

 

[Ravenmoon]

Here's the order

https://twitter.com/x/status/1748100605606785053

They denied anything beyond reinstating B&R.

Nevermind. I see that you corrected your post.

 

[arielilane]

According to the new filing, McLeland argues that the previously released investigative findings include cause that Allen kidnapped Abby and Libby by force prior to their murders near the Monon High Bridge.

Due to Allen committing the act, or attempting to commit the act of kidnapping, during the alleged murder, Allen can also be charged with two counts of felony murder — where murder is committed during the act of another crime.

McLeland stated these newly amended charges “more accurately aligns” with the charging information leveled against Allen in the high-profile murder case.

Prosecutor files additional murder, kidnapping charges against Delphi murders suspect

Updated: JAN 18, 2024 / 03:24 PM CST

 

[mrjitty]

So can B+R now simply file the speedy trial motion? I don’t get why they needed SCOIN to order that. Why not just file it on Friday?

 

[steeltowngirl]

This case is mind-boggling.
Me, now

 

[Cyber sleuth]

INDIANAPOLIS (WISH) — The Westfield, Indiana, man accused of leaking documents connected to the Delphi murders case is due in court Thursday.

Online court records obtained by News 8 show that 41-year-old Mitchell Westerman will appear before a special judge in Johnson County at 9 a.m. for a pretrial conference.

Westfield man accused of leaking Delphi murders docs due in court Thursday

The Westfield, Indiana, man accused of leaking documents connected to the Delphi murders case is due in court Thursday.

www.wishtv.com

Updated: Jan 18, 2024 / 06:51 AM EST

Man accused of leaking evidence in Delphi murders appears in courtPre trial was reset for March 7

 

[steeltowngirl]

I am interpreting from the new kidnapping charges that RA needs to be charged separately for the felonies for the Murder (2) charge and conviction to be upheld. They must prove the felony circumstance(s) involved with the murder, for it to be 35-42-1-1(2): Murder, as originally charged.

2022 Indiana Code Title 35. Criminal Law and Procedure​

Article 42. Offenses Against the Person
Chapter 1. Homicide 35-42-1-1. Murder​

Sec. 1. A person who:

(1) knowingly or intentionally kills another human being;

(2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct (under IC 35-42-4-2 before its repeal), kidnapping, rape, robbery, human trafficking, promotion of human labor trafficking, promotion of human sexual trafficking, promotion of child sexual trafficking, promotion of sexual trafficking of a younger child, child sexual trafficking, or carjacking (before its repeal);

2022 Indiana Code :: Title 35. Criminal Law and Procedure :: Article 42. Offenses Against the Person :: Chapter 1. Homicide :: 35-42-1-1. Murder

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

 

[Caylee Advocate]

For those who didn't watch the oral argument, the recording of it is now available.

Indiana Appellate Clerk's Portal

Thank you so much. Will watch later.

 

[O.Incandenza]

It will be interesting to read the SCOIN opinion.

If they reinstated B&R on purely procedural grounds (Gull failed to hold a hearing and provide an adequate record for their disqualification), then I could see her moving forward with disqualification again. But if they get to the substance of the disqualification argument and say that you can't disqualify defense attorneys for the reasons she gave, then I imagine B&R are going to move for her recusal. And, IMO, in that situation she should recuse.