Abby & Libby - The Delphi Murders - Richard Allen Arrested - #175

[girlhasnoname]

I have no doubt that appeals will occur, they always do.

Please remember that the defense themselves have stated in the past that the prosecutor may have actually turned over all discovery but because of the sheer amount, they could have missed it.


JMO

Yes, they've even footnoted in the Franks Memo that they may or may not have reviewed it all.

 

[TL4S]

About the tires: Surely an all black SUV would have been caught on the HH cam. It's been said that road is not heavily traveled; so surely LE would have been on the lookout for such a vehicle.

For all the days RA worked at CVS, it was parked right there, 2 blocks away from the Carroll County Sheriff. How no one noticed it leaves me astounded.
View attachment 481372

This is a good point. If the HH camera footage was all that clear, they could have been looking for a wannabe pimped out Ford Focus (sorry, but that's what the black wheels make me think of...). It's only worthwhile footage if the timestamp correlates with other statements, WHICH I think is what the PCA was presuming to do. I wonder if LE showed the footage to RA and asked if that was his car? I'm just curious.

 

[TL4S]

Funny, I never pay attention to black cars they seem to everywhere so none really stand out to me.

Now a red car, or yellow and I am all over it.

moo

What I want to know more about is how BB mistaked this car for a light-colored '65 Comet like her dad used to drive. I wonder if LE were able to determine if that sighting was in the same spot, but on a different day. The Smart car or purple PT Cruiser I can kind of let pass, but BB's description is so vastly different.

 

[sunshineray]

Well yes, this legal matter was started as a result of the girls being murdered. However, what we're seeing now is NOT about the girls. Its about whether a man is guilty or innocent of that crime. Its about whether he will go to prison for the rest of his life, or possibly to death for it. Its about legal baseball as it were - motions and filings, and hearings etc. Its about RA right now and the cases presented by each side for and against the idea that his is guilty.

I'd like to hope that people remember the girls in all of this, and their loved ones left behind. I can't imagine being them and having all this to deal with and missing the kids. But ultimately, this current case isn't about them. Its about RA and the legal baseball for lack of a better term between the prosecution and the defense.

It's also ALL about the girls recieving justice. Don't forget there's a prosecution going on at trial as well as a defense. The prosecution are lawyers for the victims, the families, the community and the State. You can't have a one-sided trial for murder. It's all about prosecuting the defendant with enough facts/evidence to convict beyond a reasonable doubt. It's about a double murder of children. You cannot remove them from the mix and say it's all about the defendant's innocence. His faith and the girl's deaths are tied in a trial. AJMO

 

[mrjitty]

It could be but Rozzi seems to think that the prosecution is seeking a criminal punishment - that is not a small thing. I wonder, if prosecution is seeking criminal punishment as a remedy, then do they have to hear and decide this matter before proceeding to the criminal case against RA? Seems a lawyer incarcerated wouldn't be effective, and actually, would that lead to him being disbarred? Just wondering out loud, not a lawyer, so any help from any legal pros would be appreciated here!

He was just being a drama queen IMO - but in any event, it's a sideshow and has nothing to do with RA's trial, in my view.

 

[sunshineray]

Passionate does not mean they're precluded from time away. Even IF Rozzi were not already scheduled to be out of state that day for some reason, the fact remains, the time granted him by JG to prepare to defend against the motion was sorely inadequate. If you were facing this contempt motion, would you feel comfortable proceeding without benefit of time to prepare and consult with your own lawyer? Other issues include their motion to DQ the judge should be heard / decided on first. How has she just skipped that step? Was she just hoping it would somehow go away?

Well I think, she may think, let's get to the heart of the matter since the SC did not remove her. They wanted procedure and that's seems to be what is going to happen. There are things that need to be adjudicated in her courtroom, finally.
Isn't that what the SC ruled? So it's being done just like they said it should, like the old/new defense screamed about it should have been. The prosection doesn't seem to have a problem with it being done in open court. I wonder if B&R do? AJMO

 

[sunshineray]

They may well have been, IF the prosecution had handed over all the disclosure in a timely fashion. As it was, they were Ordered by JG to have done so by Nov 1. I'd like to know, was everything submitted to Scremin and Lebrato by that date? If not, why not? If they weren't the lawyers on record as of that date, then shouldn't JG have issued a new order with a new date on it to ensure timely delivery of it to the new lawyers? Did she maybe and I just missed it?

If anything was submitted past November 1 or found out by the prosecution after November 1, is it still able to be included in the trial or will it be thrown out for having not met her imposed deadline?

This case is a mess!!

Has the defense submitted all it's discovery?

 

[girlhasnoname]

What I want to know more about is how BB mistaked this car for a light-colored '65 Comet like her dad used to drive. I wonder if LE were able to determine if that sighting was in the same spot, but on a different day. The Smart car or purple PT Cruiser I can kind of let pass, but BB's description is so vastly different.

That was from the Franks Memo? I bet we won't get the entire story of BB and the alleged conflicts in her statement until trial. I agree, a 65 Comet is tough, it will be something that will need clarification during trial IMO.

I think there were literally thousands of tips on cars alone reported early on. I did pull up a Smart car and RA's vehicle and posted them backed in side by side on this MT probably right after the PCA was released. It was a surprise to see how much they looked alike. People who tipped in these cars were recalling after seeing them for what, 3-5 seconds as driving by?

If they have a video of HH showing a car similar to RA's during the murder timeframe in addition of all of the other evidence, it will not be good for RA despite the thousands of other tips called in.

JMO

 

[girlhasnoname]

Has the defense submitted all it's discovery?

Practically none according to the State's latest Motion to Compel Discovery which is a real kicker when you think about it. They were too busy crafting other stories and chasing ideas to support their FM and failed to provide the State with their own Discovery. Rich.

MOO

 

[sunshineray]

Yes, but WHY did they make that ruling? Was it to kick it back to lower court? Force a hearing on it? Would be nice to know, wouldn't it? I have no idea what standard time is to provide a written decision for SCOIN. I know that in typical court where I live, its 30 days to file a written response to a motion or a petition - again, I'm not a lawyer but that has been my experience of the legal system in my area.

Hasn't it been kicked back to her court? It seems that way to me. Prosecution has filled charges of contempt. JG's court is hearing it.

 

[photographer4]

A character from the cartoon strip Li'l Abner. He has the worst luck and literally walks around with a dark cloud over his head all the time.

Ah. Never heard of that. Ty.

 

[photographer4]

Quoting above appearance filings...





(Does Hennessey anticipate submitting a few things the Court might wish to redact and/or seal? - JMHO)

Makes it sound like there IS more to the "leaks" than we are currently privy to.

 

[photographer4]

Hasn't it been kicked back to her court? It seems that way to me. Prosecution has filled charges of contempt. JG's court is hearing it.

Perhaps she shouldn't be. She may do well to get someone else to hear that particular motion... JMO

 

[photographer4]

Not showing up to a contempt hearing might signal contempt for the proceeding itself to some, IMO...or not, depending on how you view it.

Do we think she'd issue a warrant for his arrest should he fail to attend then, given that he has provided notice of his intent to be out of state on that particular day??

 

[sunshineray]

The sanctions are like a punishment for the lawyers themselves. So the question of what they did wrong exactly and what sanctions are imposed isn't directly relevant to RA's criminal trial. For instance, you could likely just put it on hold until the trial is finished. As I understand it, the punishment could be fine of some kind.

It can also rise to other more severe punishments. Depending on the offenses the lawyers are judged to have committed...or not.

 

[sunshineray]

Perhaps she shouldn't be. She may do well to get someone else to hear that particular motion... JMO

I don't know if there's precedent for that. It is still her case and these matters concern that case.

 

[sunshineray]

Do we think she'd issue a warrant for his arrest should he fail to attend then, given that he has provided notice of his intent to be out of state on that particular day??

I doubt that. You?

 

[photographer4]

You have to have respect to order to show respect Ravenmoon.

The Defense got caught in a big ole' mess of lying and snookery, so of course they're going to be screaming for Judge Gull's DQ. She has solid information from ISP investigations on the leaks now that purportedly back up her opinion of their professional misconduct. That is huge. The Defense leaked confidential, protected discovery to third parties. A man killed himself in the fallout of all the snookery is how serious this is.

They aren't ready for trial now, they weren't ready for a trial like they said they were in the Jan 18th SCOIN hearing IMO, they have never been ready for trial.

For 2 lawyers that were screaming STM and said they were ready to go, they seemed to have not only backed off the gas pedal, but slammed on the brakes. I guess they're still walking around with their signed, but not dated STM in their back pocket.

R&B are truly not capable of providing the best possible Defense for RA IMO and for his sake, even though I believe he is guilty, he does deserves fair and competent representation.

It will be interesting to see how the proposed 2/12 hearing shakes out. I've said I have a feeling something big is going to happen in this case. Too many coincidental things happening at one time.

ALL MOO

I hope you're right - that something BIG happens and shakes this case back onto the road to trial!! There have been enough shenanigans!!

 

[photographer4]

The point is that they have never indicated they don't plan to attend the hearing.

Agree. Rozzi has indicated he would like the matter moved to a new date given his plan to be out of state, and lack of consultation with his office over his schedule, lack of time to consult with legal counsel etc, but he didn't say he has no plans to be there should she opt to proceed regardless of his motion to change date.

 

[photographer4]

I don't think B&R would want that to happen...just guessing

Wasn't it Rozzi who stated in his motion to continue that the matter should be heard by a special judge? https://www.wishtv.com/wp-content/uploads/2024/02/delphi-continuance-request.pdf