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

[AppleTreeGreen]

One thing I can’t help think about is if a motion is submitted and granted for a speedy trial that could start in April how all the attorneys, first year lawyers, associates, staff members and paralegal are probably going to be worked to the bone in the coming weeks.

I just remember when I worked as a paralegal on my first DP case there were a a couple weeks I only went home just to shower, change and glare at the sunrise during my taxi ride back to work. I truly gained an appreciation for the sheer volume of case files, workload and dedication that goes into these trials even though I teared up in relief when my job was complete and I could reintroduce myself to my beloved pillow and sheets.

 

[TL4S]

Or signaling to give the impression they were serious about moving fast in order to drum urgency, that his right to a speedy trial was threatened by the Judge's very actions.

The proof will be evident going forward if we see swift movement or we see what looks to be deliberate counter-delay.

As for the Judge and any lingering overt/covert bias, it is her actual job to judge without bias. For me, it's not whether she does or doesn't have that capacity. She probably does. The greater issue for me is the appearance of bias. That alone could derail justice.

JMO

Part of me thinks maybe the D really was ready to file for speedy trial and go in January. Them filiing as pro bono reflected that. They could afford to represent him for free for a few months, but maybe not a couple years. Even in the hearing yesterday, it was described that part of their tactic was catching the prosecution before they were ready, imo.

 

[arielilane]

Wait. I’m confused. How does he end up with four murder charges for two kids?

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

 

[arielilane]

JOHNSON COUNTY, Ind. — The man behind a Delphi murders case evidence leak was in court Thursday.

Mitchell Westerman has been charged with one count of conversion. He’s accused of walking into attorney Andrew Baldwin’s office and taking pictures of case evidence, then sending it to several people.

Westerman was an old friend and colleague of Baldwin’s and admitted to the crime when questioned by police.

Accused Delphi Evidence Leaker in Court Thursday

JOHNSON COUNTY, Ind. -- The man behind a Delphi murders case evidence leak was in court Thursday.

wibc.com

January 18, 2024

 

[Megnut]

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

I'm confused by this. What's  new about it?

Jmo

 

[sunshineray]

I'm confused by this. What's  new about it?

Jmo

He has 4 counts of murder charged against him.

 

[Megnut]

He has 4 counts of murder charged against him.

Yes, I understand that. I don't understand what's changed about the circumstances. We already knew they were essentially charging him with murder originating from kidnapping. It just comes down then, not to new evidence or anything, just a restructuring of the charges based on what we already knew?

Jmo

 

[FrostedGlass]

I haven't seen any MSM reporting on what was discussed at Westerman's hearing yesterday.

Update for Westerman's case: I'm not sure where I left off on my last update.

01/08/2024	Judicial Notice of Media Request for Cameras in the Court WTHR news files Johnson County, Indiana Camera in Court Request Form. Court gives 7 days for parties to respond.cd
01/11/2024	Objection Filed Objection to Cameras in Courtroom Filed By: Westerman, Mitchell Thomas
01/12/2024	Notice Filed Notice of Discovery Compliance - Standard Filed By: State of Indiana
01/12/2024	Petition for Protection Order Filed State's Motion for PO for Discovery.pdf Filed By: State of Indiana
01/12/2024	Response Filed State's Response Request for Cameras in the Courtroom Filed By: State of Indiana
01/16/2024	Order Issued Order on State's Motion for Protective Order Under Indiana Rule of Trial Procedure 26(c) entered. bg Judicial Officer: Cummins, Douglas B. Order Signed: 01/13/2024
01/17/2024	Judicial Notice of Media Request for Cameras in the Court Johnson County, Indiana Camera in Court Request Form from True Crime Investigates filed.cd
01/17/2024	Order Issued Order on Request for In Court Video Recorder entered. Court DENIES WTHR request.cd Judicial Officer: Cummins, Douglas B.
01/17/2024	Order Issued Order on Request for In Court Video Recorder entererd. Court DENIES, True Crime Investigates request.cd Judicial Officer: Cummins, Douglas B.
01/18/2024	Pretrial Conference Session: 01/18/2024 9:00 AM, Judicial Officer: Cummins, Douglas B.

 

[twall]

New entries for RA criminal case

 

[girlhasnoname]

Sorry if I was redundant, it wasn't consciously done, my bad It's such a web of this, that and the other thing...along with the kitchen sink.

No worries sunshine, it's a fast moving thread with the hearing and all the questions going on. I'm surprised us ole time. followers even have the mental capacity to understand the entire thing at this point.

 

[girlhasnoname]

I haven't seen any MSM reporting on what was discussed at Westerman's hearing yesterday.

Update for Westerman's case: I'm not sure where I left off on my last update.

01/08/2024	Judicial Notice of Media Request for Cameras in the Court WTHR news files Johnson County, Indiana Camera in Court Request Form. Court gives 7 days for parties to respond.cd
01/11/2024	Objection Filed Objection to Cameras in Courtroom Filed By: Westerman, Mitchell Thomas
01/12/2024	Notice Filed Notice of Discovery Compliance - Standard Filed By: State of Indiana
01/12/2024	Petition for Protection Order Filed State's Motion for PO for Discovery.pdf Filed By: State of Indiana
01/12/2024	Response Filed State's Response Request for Cameras in the Courtroom Filed By: State of Indiana
01/16/2024	Order Issued Order on State's Motion for Protective Order Under Indiana Rule of Trial Procedure 26(c) entered. bg Judicial Officer: Cummins, Douglas B. Order Signed: 01/13/2024
01/17/2024	Judicial Notice of Media Request for Cameras in the Court Johnson County, Indiana Camera in Court Request Form from True Crime Investigates filed.cd
01/17/2024	Order Issued Order on Request for In Court Video Recorder entered. Court DENIES WTHR request.cd Judicial Officer: Cummins, Douglas B.
01/17/2024	Order Issued Order on Request for In Court Video Recorder entererd. Court DENIES, True Crime Investigates request.cd Judicial Officer: Cummins, Douglas B.
01/18/2024	Pretrial Conference Session: 01/18/2024 9:00 AM, Judicial Officer: Cummins, Douglas B.

I thought it was postponed?

 

[girlhasnoname]

Part of me thinks maybe the D really was ready to file for speedy trial and go in January. Them filiing as pro bono reflected that. They could afford to represent him for free for a few months, but maybe not a couple years. Even in the hearing yesterday, it was described that part of their tactic was catching the prosecution before they were ready, imo.

Time will tell. I believe they were bluffing on being ready to go, but if so, they should be filing that pre-signed Motion for Speedy Trial any day now. Even one of the Justices yesterday asked why they (R&B) hadn't filed it since they've had one since August.

moo

 

[girlhasnoname]

I'm confused by this. What's  new about it?

Jmo

<snipped>

Allen was previously charged with two counts of murder in October 2022 after being accused of killing Abby Williams and Libby German on the Monon High Bridge in Delphi in February 2017.

On Thursday, McLeland filed additional charges against Allen more than one year after his arrest. Allen now faces a total of four counts of murder and two felony counts of kidnapping.

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.

Prosecutor files additional murder, kidnapping charges against Delphi murders suspect

 

[Cyber sleuth]

I thought it was postponed?

Yes MW’s pre-trial was reset to March 7th.

 

[Justice101]

Is the purpose of filing 4 total murder charges so that if the (supposed) jury finds him innocent of one of them due to no conclusive proof, that he will still be found guilty of murder for one of the other counts?

Is that also useful pushing for a plea bargain?

 

[TL4S]

I'm confused by this. What's  new about it?

Jmo

I'm struggling to understand, as well. It seems like maybe there are two counts of first-degree murder, itself, which indicates at some point there was premeditation to murder them. But, then there are the kidnapping charges, and since they were murdered as a result of that kidnapping, the kidnapping charges become felony murder charges. So instead of two kidnapping and two murder charges, it becomes four murder charges. If that makes sense. I'm not sure I have it right, though...

 

[FrostedGlass]

I thought it was postponed?

I missed the memo. Was it in one of the news articles?
The update I posted is all that's in his case.

 

[Cyber sleuth]

I missed the memo. Was it in one of the news articles?
The update I posted is all that's in his case.

Post #877

FRANKLIN, Ind. – The man accused of leaking evidence in the Delphi murder case appeared in court Thursday.

Mitchell Westerman is charged with one count of conversion, a Class A misdemeanor. During Thursday’s brief proceedings, his pretrial was reset for March 7.
Man accused of leaking evidence in Delphi murders appears in court

 

[FrostedGlass]

Post #877

FRANKLIN, Ind. – The man accused of leaking evidence in the Delphi murder case appeared in court Thursday.

Mitchell Westerman is charged with one count of conversion, a Class A misdemeanor. During Thursday’s brief proceedings, his pretrial was reset for March 7.
Man accused of leaking evidence in Delphi murders appears in court

Thanks. I'll have that when the court updates his case.

 

[steeltowngirl]

With the defence not getting the desired speedy trial relief, I assume they'll file that today or early next week in order to max out their tactical advantage of catching the prosecution unprepared.

So that means trial in early April?

Total lost time of around 2.5 months I guess.

But maybe they'll now reveal it was all a double bluff. I do suspect the defence don't want to get to trial at all, but rather pull the rug on the search warrant and try to collapse the case pre-trial.

I believe the prosecution is prepared for trial, and defense knows it. Thus the shenanigans with crime scene photos and a 136 pages of Nordic cosplay fiction.

NM is ready to roll.

jmo