IN - Abigail Williams & Liberty German, Delphi, Media, Maps, Timelines NO DISCUSSION #2

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#JudgeGull has "great concern with the representation" of #BradRozzi and #AndrewBaldwin concerning their representation of #RichardAllen. Interestingly, RA isn't concerned and in fact pleaded with the judge, asking for them to remain his counsel.

Rozzi and Baldwin were removed today and the trial was postponed for a year while RA sits in a Maximim Security Prison in solitary confinement.

It's a cluster and in the balance is any hope for justice for #Abby and #Libby.


https://twitter.com/x/status/1719427468589776958
 
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Judge: ‘Cannot … will not’ reinstate defense attorneys. Delphi murder trial pushed back​


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Two sets of defense attorneys showed up Tuesday to represent Richard Allen, accused in murders of Abby and Libby. Judge cites ‘gross negligence,’ rejects initial team’s attempt to stay on pro bono.​

DAVE BANGERT
OCT 31
∙PREVIEW

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JUDGE: ‘CANNOT … WILL NOT’ REINSTATE DEFENSE ATTORNEYS. DELPHI MURDER TRIAL PUSHED BACK. STILL IN PLAY: A REQUEST FILED WITH INDIANA SUPREME COURT TO REVIEW​

Right at 9 a.m., when a status hearing in Richard Allen’s Delphi murder trial was scheduled to start, attorneys Brad Rozzi and Andrew Baldwin entered from a back door to Carroll Circuit Court and strode to the defense table, briefcase carts in tow, like they were supposed to be there.

They shook hands with Carroll County Prosecutor Nick McLeland and prepped for the session, a day after filing a petition with the Indiana Supreme Court to call into question what they called Judge Fran Gull’s coercion and a strong-armed move less than two weeks ago to shame them into withdrawing as Allen’s attorneys.

The night before, the pair also had filed paperwork with the court saying they intended to switch their status from court-appointed to private counsel. They wrote that they wanted to represent Allen pro bono, so as not to waste “well over 1,000 hours of time spent reviewing evidence” since October 2022 and not delay a jury trial for the Delphi man accused in the 2017 murders of middle school friends Abby Williams, 13, and Libby German, 14.

Rozzi and Baldwin sat at the defense table for 35 minutes after the hearing was supposed to start until the arrival in the courtroom of Robert Scremin and William Lebrato. Those Fort Wayne lawyers were assigned last week to step in as Allen’s new court-appointed attorneys, after Judge Fran Gull announced to a courtroom that Rozzi and Baldwin had withdrawn from the case.

Richard Allen, accused in the 2017 murders of Abby Williams and Libby German, is escorted out of the Carroll County Courthouse after a hearing Tuesday. (Photo: Dave Bangert)


After a mess of court motions pitting the judge and the defense team in the past week, the scene had the making of a showdown by the time Allen was brought into court, quiet in shackles and a yellow jail jumpsuit other than to whisper, “Hi,” to his wife, Kathy, sitting along the aisle...

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www.basedinlafayette.com

Supreme Court gets taste of fight between judge, attorneys in Delphi murder case

All leads up to a status hearing scheduled Tuesday for Richard Allen, charged in the 2017 murders of Abby Williams and Libby German
www.basedinlafayette.com www.basedinlafayette.com

A new set of attorneys representing Allen filed a petition that called into question Judge Fran Gull’s actions leading up to his trial. They contend that she unfairly and unconstitutionally instigated the removal of Allen’s initial, court-appointed defense team and kept too many of the documents in the case hidden or essentially inaccessible in the public record.
 
The prosecution must turn over all exculpatory evidence to the Defense. #LoganMaxwell was a possible suspect early on. They had never officially cleared anyone when they arrested #RichardAllen.Proportedly, there were timing issues involving Mr. Maxwell's availability to kill Abby and Libby. Still, they searched his house.Now I don't see the likeness in the sketch to Mr. Maxwell, but then again, neither sketches look like RA either.I would love to read the probable cause for that search warrant.And don't forget, the Prosecution stated in a hearing After RA was arrested that RA didn't act alone. So is there another killer still out there?There is more baggage in the case than the Kardashians have shoes.

https://twitter.com/x/status/1724895320830607423

 
CARROLL COUNTY, Ind. — The special judge assigned to the Delphi murders investigation has responded to the Indiana Supreme Court and said that Richard Allen’s claim of not having access to all documents related to the case has no merit and that he has not been hindered in any way from accessing them.

Previously, the original attorneys for Richard Allen — Andrew Baldwin and Bradley Rozzi — filed several motions with the Indiana Supreme Court after they were removed from the murder case by Gull in the aftermath of an evidence leak.

The lawyers asked the Supreme Court to review Gull’s handling of the case and accused her of violating public access by keeping some filings a secret along with claiming she hasn’t provided Allen with complete access to all the documents involved in the case.

...


Gull still has until Nov. 27 to respond to Allen’s attorneys’ request for a transcript of a closed-door meeting from last month, a writ that puts pressure on the Supreme Court by Allen’s original defense to have Gull thrown from the case.

Judge Gull says Richard Allen had access to Delphi documents all along and wasn’t hindered

Updated: Nov 17, 2023 / 07:19 PM CST
 
FrostedGlass said:
Doesn't matter whose custody he's in, he still has rights.

Here's a screen cap of the envelope which contained his letter requesting a public defender. You'll find it in FG's doc dump.

See that date that I've circled and pointed to? That one is dated 11/04; I'm not sure if that is the postmark from Indianapolis.

I'm posting this for the record so it won't keep being repeated that he waited weeks before asking for representation. Considering there was a weekend in there, too, I think he moved pretty quickly.

View attachment 462474
Click to expand...
1700510066061.png
 
FORT WAYNE, Ind. (WANE) — While the Delphi murder trial is attracting more media attention than has been seen in ages for an Indiana case, Allen County Chief Public Defender William “Billy” Lebrato, one of two Allen County public defenders recently assigned to the case, doesn’t believe the trial will impact the daily work of the department.

“It’s not a death penalty case or an LWOP (life without parole) case, it’s just a double homicide which we do routinely, unfortunately, here in Allen County. The only impact it will have is the travel time to another county,” Lebrato said Thursday just after the quarterly public defender board meeting held at the Rousseau Centre.

Lebrato said a round trip to Carroll County, where the trial is currently being held, is five hours.

“We have seven investigators and two assigned specifically to that case so I don’t think we’ll need outside resources, but the state’s Public Defenders Council, based out of Indianapolis, is always willing to help,” Lebrato said.


...


No new court date has been scheduled, but Lebrato expects many before the trial date set for Oct. 15.

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

Updated: Nov 2, 2023 / 01:39 PM EDT
 
Barbara MacDonald reposted

As it relates to the removal of counsel…

The Indiana Supreme Court has stated a “trial court is limited in its authority to remove a criminal defendant's court-appointed counsel.” State ex rel. Jones v. Knox Superior Court No. 1, 728 NE2d 133 (Ind. 2000). However, parameters of this authority haven’t really been analyzed.


In Jones, defense attorneys filed a motion to reconsider after a continuance was denied and, in the alternative, requested to be withdrawn. The trial court granted the continuance, denied the withdraw, but sua sponte removed them from the case for their “insulting and…improper” behavior. A Writ of Mandamus/Prohibition was filed to reinstate defense counsel.


The Court found it “unnecessary to explicate the parameters of…[the] authority” to remove counsel bc counsel requested to be w/drawn if their continuance was not granted. Having indicated a desire to be w/drawn, the Court would “not countermand the trial court's ruling that placed [defense counsel] in precisely the position their motion indicated their willingness to be.” That “where a party voluntarily adopts a certain form of procedure or agrees to the manner in which its rights are submitted for determination in the trial court, the party will not be permitted to complain on appeal that a ruling in conformity therewith was erroneous.”


But the facts here are materially different than those presented in Jones. Allen’s attorneys contend they were forced out w/ Judge Gull essentially confirming Rozzi’s narrative by reportedly stating today that she found them to be “grossly negligent.” Thus, unlike Jones, Rozzi/Baldwin did not condition their representation on whether certain relief was granted.


As I mentioned in the post below, I’m not aware of any authority that gives Judge Gull the power to remove counsel based on the facts presented (and they don’t appear to be in dispute).

https://twitter.com/x/status/1719483462732685456
 
www.wthr.com

Inmate claims abuse, intimidation by prison staff watching Delphi murders suspect Richard Allen

Robert Baston claims he has seen Richard Allen being abused and mistreated by Westville correctional officers and staff.
www.wthr.com www.wthr.com

Updated: 10:16 PM EST November 16, 2023

DELPHI, Ind. — An inmate at the Westville Correctional Facility, where the Delphi murders suspect is being held, stepped back on speaking about Richard Allen's alleged abuse by guards due to "my safety and fear for my life."
Allen is accused of killing Libby German, 14, and Abby Williams, 13, in Delphi, Indiana, in February 2017.

Robert Baston, who is serving a 40-year sentence for child molestation in Ripley County, said he was housed in the cell above Allen.
 
www.wthr.com

'I don't want to do it' | Delphi murders trial transcript released of conversation leading to Richard Allen's attorneys' disqualification

Civil attorneys have questioned the judge's actions and taken the issue to the Indiana Supreme Court, which will be considering those filings.
www.wthr.com www.wthr.com

Updated: 6:34 PM EST November 20, 2023

DELPHI, Ind — 13News has obtained explosive new documents that details exactly what was said in closed chambers before a recent hearing in the Delphi murders case.


A 29-page transcript shows what Judge Frances Gull said to Richard Allen’s original defense team before she disqualified them from the case. Allen is accused of killing Libby German and Abby Williams in Delphi, Indiana in 2017.


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Leak of evidence​

In the filing to the Indiana Supreme Court, Allen's attorneys claim he was made aware that a friend and former employee of attorney Andrew Baldwin had photographed crime scene evidence in Baldwin's office and then released it without consent.

A letter from Allen's attorney, Bradley Rozzi, informed the judge to the theft on Oct. 6. Judge Gull responded, saying in part, "Thank you for passing on this troubling information."

Prosecutor Nicholoas McLeland then emails the judge and Allen's attorneys that the incident was investigated by Indiana State Police and that several people were identified. The first being the friend and former employee who had photographed the evidence and the others who had disseminated it. One of those allegedly involved would take their own life.

The judge then responded to that news saying, "I'm deeply concerned that Mr. Allen's defense is being compromised by all these recent events and set an Oct. 19 hearing.” She then ordered the original defense team to stop working on the case.
 
This original depiction makes me livid as a retired FBI Agent and current investigator. How could anyone think it is the right thing to do to release such details?

I have erased anything relevant but don't people understand these details only the killer, law enforcement, the Judge, some eye witnesses and attorneys should know?

Do they realize that if someone does want to confess, like #RichardAllen, LE can't rely on the details he may give them as being correct because of this depiction has been circulated publicly!

Do people understand that is the issue with the crime scene photos being circulated publicly?

How can we hold out any hope for justice for #Abby and #Libby with all that has happened.

This case should be featured as to how not to:

*Protect a crime scene*Conduct a crime scene investigation
*Protect an investigation *Investigate a murder
*Protect Evidence*Put a non-convicted person in a Maximum Security Prison
*Protect someone's 6th Amendment right to counsel
*Seal documents that should not be sealed

This should be labeled the "How not to Case", not the #Delphi case. Will there ever be justice for Abby and Libby?

https://twitter.com/x/status/1726711392063889550

 
Some final thoughts on Delphi tonight.

The whole thing is troubling. This crime took a very long time.

What confidence to be on someone else's land and not fear getting caught. The killer walked the girls to private land from the bridge seemingly on purpose.

What luck to just come upon 2 potential victims.

What luck to have a suitable knife and a .40 caliber on the ready just in case you found victims.

Why strip them?

Did the killer enjoy child *advertiser censored*? If so, and #RichardAllen committed the crime, why no CP found on #RA's devices?

No SA involved? This murder was committed just to kill two little girls?

Why did he eject a live round? Was it ejected more than once?

How was he able to do all he did on his own?

When Bridge Guy said "Guys down the Hill" was he talking to the girls or to other guys?

So much makes no sense...

https://twitter.com/x/status/1726840093334200393

 
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