Abby & Libby - The Delphi Murders - Richard Allen Arrested - #177

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  • #741
I am trying to get as much information as possible.
The original charges PLUS new murder charges stand.
The new kidnapping charges are dismissed.
That doesn't remove the original charges is what I am being told.

JMO
 
  • #742
Can someone clarify what the evidence is that was shown about Westerman and Baldwin colluding?

Apparently there were items presented to the court by text?
 
  • #743
I am trying to get as much information as possible.
The original charges PLUS new murder charges stand.
The new kidnapping charges are dismissed.
That doesn't remove the original charges is what I am being told.

JMO
I think the updated/upgraded murder charge includes a mitigating circumstance, such as kidnapping. So it would kinda be like a double kidnapping charge if they left kidnapping on there?
 
  • #744
I think the updated/upgraded murder charge includes a mitigating circumstance, such as kidnapping. So it would kinda be like a double kidnapping charge if they left kidnapping on there?


Yes. That is my understanding as well.
 
  • #745
And right above that, "certain phone dump data".

Bingo.

Dump data.

They have direct data from those phones. No doubt those phones were turned over voluntarily!

Smoke and mirrors.

JMO
Yes, certain people. Mike, Becky, Cody, and Kelsi.

Of course they should have requested phone dumps. That is the only way to retrieve deleted data, right?
 
  • #746
Yes!
They aren't supposed to lie, but they are not required to tell the truth.
Yes, Agree. Of course they CAN lie. They are physically able to. But not without ramifications.

I believe they did not lie when they said they do have the phone records/dumps of Mike, Becky, Kelsi, and Cody.

And that is a huge problem.
 
  • #747
I think the updated/upgraded murder charge includes a mitigating circumstance, such as kidnapping. So it would kinda be like a double kidnapping charge if they left kidnapping on there?
Mitigating or aggravating? I do see that kidnapping is listed as one of the aggravating factors for the DP in Indiana.
 
  • #748
I think the judge simply streamlined the charges, removing duplication.

Leading with the strongest charge.
 
  • #749
I’m confused too.
Maybe the State is now focusing on Capital Murder 1 instead of felony murder via kidnapping.
Maybe they now think he killed them, but didn't march them to their demise?
 
  • #750
  • #751
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  • #752
  • #753
Yes, certain people. Mike, Becky, Cody, and Kelsi.

Of course they should have requested phone dumps. That is the only way to retrieve deleted data, right?

Yes, Agree. Of course they CAN lie. They are physically able to. But not without ramifications.

I believe they did not lie when they said they do have the phone records/dumps of Mike, Becky, Kelsi, and Cody.

And that is a huge problem.
Yes, information for those phones was probably not included in a specific data dump.

It arrived in another way.

IMO the defense has -- and has had -- the information. They know where and when KG's phone was.

Let's say LE downloaded KG's phone. Then it was analyzed. Probably straight forward. Reasonable deletions, not unexpected Google searches. It was her personal phone which she would have used personally. Typical search history, no notable gaps in history. LE wouldn't probably investigate it further. Report turned over to the defense.

The defense is talking about a certain data dump. Why would anyone expect there to be additional analysis of KG's phone contained there? It would be a duplication if anything.

I'll eat my words if I have to but I think the defense is purposefully claiming a file is empty when, in reality, they have the useful data, it's just in a different folder.

And it's a lot of noise because, based on the charges, there's nothing exculpatory about those records anyway! Blowing big horns but it's just noise.

JMO
 
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  • #754
Just a note re: The Kidnapping charges were technically lost to the statute of limitations.
Prosecution/State voluntarily withdrew the kidnapping charges. (P had charged against the statute; P withdrew rather than having them denied.) JMHO
 
  • #755
Just a note re: The Kidnapping charges were technically lost to the statute of limitations.
Prosecution voluntarily withdrew the kidnapping charges. (P had charged against the statute; P withdrew rather than having them denied.) JMHO


Were the original charges of kidnapping also removed because of the Statute of Limitation?
Or, since they were filed on time, they still stand?

Please help me to understand!
 
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  • #756
Mitigating or aggravating? I do see that kidnapping is listed as one of the aggravating factors for the DP in Indiana.
Aggravating! Aggravating! Thank you :) I wish I could edit my posts. I see another typo I made too. Grrr.
 
  • #757
I wish I could edit my posts. I see another typo I made too. Grrr.
Isn't that aggravating? The device could be a mitigating factor!
 
  • #758
Far too much critical early taped evidence has been lost by investigators in this investigation; puts McL/State in an unnecessarily vulnerable position here. Very serious; perilous stuff for the State. JMHO
 
  • #759
Were the original charges of kidnapping also removed because of the Statute of Limitation?
Or, since they were filed on time?

Please help me to understand!
They were filed after the statute of limitations (per Indiana law) had expired.
(The Defense would have caught it, possibly already had raised issue in conference and P acknowledged error ahead of time. This was an obvious error.)
 
  • #760
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