Abby & Libby - The Delphi Murders - Richard Allen Arrested - #178

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  • #661
This from late yesterday; regarding Defense's Motion to Compel (missing) Discovery.

STATE’S RESPONSE TO DEFENDANT’S AMENDED MOTION
TO COMPEL AND REQUEST FOR SANCTIONS

State's Response to Amended Motion.pdf
Therefore, it is now known that the video files on Delphi Drive 1 Export are interviews from the dates of 02-25-2017 through 04-07-2017 without audio, as audio files were not recovered, while the video files were recovered.

Could there be lip readers in the budget?
 
  • #662
If there was widespread mistreatment at these facilities I wouldn't exactly call that a win for the state.

Proves RA is just another guy no special badness for him it’s for everyone.

Seems to me the Defense hung their hat on conniving CO’s and their dastardly conduct completing the framing of the pathetic CVS worker for the murders.

If they don’t have that RA is suffering from targeted maltreatment by conspiring young girl murdering Odin COs and scared to slobber then what have they got?


imo
 
  • #663
If there was widespread mistreatment at these facilities I wouldn't exactly call that a win for the state.
No, but it wouldn't help the defence's claims that he was being singled out and framed by Odinist guards. It would call those accusations into question, imo. They then wouldn't be able to claim that his confessions were due to him being singled out and harassed. IMO

Their claims that he was not able to shower, not able to communicate or visit family, not able to communicate with attorneys, not able to use the commissary were not founded, according to the investigation by a group of social workers/therapists commissioned by the court.
 
  • #664
Proves RA is just another guy no special badness for him it’s for everyone.
Except one premise of explaining the admissions/confessions is that they were due to him being psychologically broken by such activities. It's not a good look, IMHO.
 
  • #665
To be fair, from the motion it sounds like Rozzi is still unexpectedly owed by the State $51K for services rendered. In addition, the State has denied their requests for funding for expert analysis/testimony and paralegal services, a possibility of which Allen’s team was already aware.

However, according to their arguments in the motion, the lack of compensation and/or funding could hinder the defense team providing efficient counsel to their client and RA “from getting a fair and equatable treatment in court” when compared to the resources and expertise the prosecution are to afford and thus access and utilize.
Here is why I think this argument by the defense is unfair.They say:

RA “from getting a fair and equatable treatment in court” when compared to the resources and expertise the prosecution are to afford and thus access and utilize.


They make it sound like the DA is paying all of their witnesses 25k and spending thousands of dollars on lab tests and digital reports. The thing is the State is utilising State funded employees, like FBI agents and County Coroners , etc etc.

The resources they have are provided to the District Attorneys as a way to protect our communities by investigating and potentially indicting suspected criminals.

You cannot compare those resources and assets to that of a small defense team. Are we expected to fund EVERY public defenders case file to the SAME EXTENT that the local DA's office is funded? That is impossible.

For the defense to ask the court to DENY the admissibility of the recorded confessions and the bullet left behind and other KEY EVIDENCE because the defense does not feel prepared enough is preposterous. IMO
 
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  • #666
Except one premise of explaining the admissions/confessions is that they were due to him being psychologically broken by such activities. It's not a good look, IMHO.
Being incarcerated after being arrested for the suspicion of a double murder is going to bring psychological stress and depression. No way around it. Also no way to prove that the confession was only because of the stressful conditions.

Maybe he confessed 5 times because he is guilty?
 
  • #667
Maybe he confessed 5 times because he is guilty?
Maybe!
But make no mistake - having the suspect that confessed stowed in facilities known for mistreatment is no win for the state.
 
  • #668
Maybe!
But make no mistake - having the suspect that confessed stowed in facilities known for mistreatment is no win for the state.
Was he mistreated though?

Is it 'misreatment' to only shower 3x a week as opposed to daily?

Is it mistreatment to be segregated OR is it protection from other inmates who tend to batter or kill child killers?

Is it mistreatment when one is given a tablet which allows the prisoner to watch movies, listen to music and call friends and family? That seems pretty nice, imo.

His cell was filmed 24 hours a day so how much mistreatment could there be?

He was apparently 'tased' twice by the guards. Is that 'mistreatment' ? What is a guard supposed to do when met with disobedience when they are outnumbered 25 to 1?
 
  • #669
Except one premise of explaining the admissions/confessions is that they were due to him being psychologically broken by such activities. It's not a good look, IMHO.

If actually psychologically broken wouldn’t RA then be incompetent to stand trial as he would be making confessions not fully understanding the implications of doing so i.e.; incompetent.

That is not being put forth by his representation as a defense or they would be having competency restoration instead of a speedy trial.

The Defense’s case goes down in flames as every other incarcerated says “me too”.

All imo
 
  • #670
Proves RA is just another guy no special badness for him it’s for everyone.

Seems to me the Defense hung their hat on conniving CO’s and their dastardly conduct completing the framing of the pathetic CVS worker for the murders.

If they don’t have that RA is suffering from targeted maltreatment by conspiring young girl murdering Odin COs and scared to slobber then what have they got?


imo
I've always felt the assertion that Odin CO's threatening RA for some reason because they knew who really killed the girls was ridiculous.

Can I believe the COs participate in these Odin beliefs? Sure

Can I believe some Odin cult member really be the killer? Sure.. maybe I think RA is the guy, but I'll just say yes here it is possible for me to believe someone else with these Odin beliefs could also be involved.

Now do I think somehow LE found RA and framed him because they really know an Odin Cult is responsible for the murders and then they somehow get him to not only be in the same prison (not jail) as these Odin guards who also must know who actually killed the girls and then they threatened and made RA's life terrible enough that he decides to confess to a crime he actually didn't do? Nope, I can't make that leap in my mind. The conspiracy that this would have to involve and the amount of people that would have to know and keep this all secret is just not something I can believe.

I can believe that these COs were mean to RA, maybe didn't treat him as well as they should, but I don't think that has anything to do with their beliefs or them knowing who the real killer is then trying to pin it on RA.

I think the weight of what he did caused RA's deterioration and maybe he was afraid of the COS.. prison is not a place many would like to be. I think he decided to confess because he knew his goose was cooked just maybe he felt some remorse or something.
 
  • #671
Do you mean the position of A&L or BG?


I think this composite by Gray Hughes creates a fairly good estimate. Based on the background in the BG clip.

The trees, bridge and perspective lines up pretty good:

View attachment 492771


I believe the platform to the right of BG would be the last one on the northern side, seen on the left here in a video by youtuber Delphi After Dark. (note the "larger" tree on the right hand side, compared to the one in the BG composite, on the left side for reference.):

View attachment 492772

NOTE: Smartphone cameras generally have a pretty wide focal length, seen here both in the upper and lower image. This makes distances harder to determine, and objects generally tend to look further away than in real life.

Short answer for TLDR:
On original video, I expect that Abby or part of Abby is probably in front of BG ... her image removed. Don't know how far ahead of BG Abby would be ... this is a mystery. I hope LE's experts will be able to provide good estimates of many things about BG. We'll find out at trial, likely.

I thought I'd include a bit longer explanation ... optional read, if you will:

For me these things are of curious interest BUT, I've come to understand that analyzing BG video/photo is an exercise in analyzing altered/over-manipulated enlarged pixels.

The sources of the altered material worked with LE to crop the BG image out of the original video and reassemble it on the bridge. The purpose of the images was to provide the public a reference for the BG figure - to encourage tips - about this figure (and their clothing/stature, possibly). LE has provided clothing description: blue jacket, blue jeans, hoodie hood out of jacket. Indeed, BG is the individual that appears on the bridge, captured on Libby's video moments before LE believes the abduction occurred and the "down-the-hill" can be heard on the video.

At one time these images were accompanied with height estimates for the BG figure as being 5'8 to 5'11 ... and over time the images were accompanied by two very different composites based on eye-witness accounts. Later, audio editors lifted sound, attempted to enhance, and those results were also provided to the public: "down-the-hill" and later, "guys". ISP still has the info on the girl's page:

Delphi Homicide Investigation

Youtubers with editing skills have continued to further play with, crop, enlarge, manipulate these pixels ... in an effort to support a variety of sleuther hypothesis. Well enough, but I've moved on.

(I agree that Gray's work has been helpful in giving the world a much better feel for the lay of the land and the movement and BG?/ RA? sightings of the eyewitnesses mentioned in the PCA. But that's a different contribution than further editing the BG pixels.)

Because the image has obviously been clipped, and placed back on a blurred out bridge surface with blurred background ... I tend to think the original will have one of the girls (likely Abby) in the frame, with the BG figure somewhat blocking the BG image in the background.

I landed here quite some time ago: There's a reason LE have shared the 43 second video with very few. And there's a reason they have manipulated the original image to this degree. The why of all that, I think, we will learn at trial.

BTW, to my knowledge, none of the"RA eye-witnesses" from the PCA described a hat.
Yet, one composite figure wears a hat, facial hair. Years later, another composite figure has neither hat nor facial hair. I certainly can't say if the BG figure even wears a hat, or has facial hair. But I've also I've never felt that was important. The BG image is - obviously - not a definitive ID tool on its own.

JMHO
 
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  • #672
JG has denied the D’s request for funding of an expert. That is blatantly unfair and makes for an uneven playing field. The P can have experts at the public’s expense, but the D cannot. Of course there’s no element of bias involved (rolling my eyes). But there’s hope! The Give2 fund that was only just set up is over $6,500 already. The goal is $25,000 and it still has over a month to go!
A person made about a 2 grand contribution since your post.
Unclear (to me) how they were denied, since there is a standard process. Seems they want additional funding?


Allen’s defense team is requesting that the court “provide parity” in the investigation and presentation in the upcoming trial to “balance the scales of justice.” This includes the exclusion of certain pieces of evidence since the defense claims they have not had the funds to properly investigate them.

The team is requesting that the defense team be approved for necessary expected expenses for the team to defend Allen within the trial. The team is asking for the state’s prosecutors to pay “out of their personal finances” for investigative services, evidence processing and expert fees.

The defense claims that they have not received any help in funding to obtaining expert assistance to investigate three pieces of evidence within the trial: the bullet found at the crime scene, the digital data collected by law enforcement and Allen’s alleged confession.

“This court should reconsider the denial of funds for defense investigative and expert expenses,” the documents said. “…Alternatively, the court should exclude at trial any testimony or evidence related to the bullet, the digital data, Allen’s purported confession and the cause, manner and timing of death.

“Finally, if denial of the defense’s requests remains, and the state is allowed to proffer testimony on the critical evidence discussed above, the only truly equitable relief would be to order the Carroll County Prosecutor to pay for any expert and investigative services, from this point forward, out of his own personal finances.”
TY. It's been my impression the D has an expert in ea field. What the additional funding would provide for them would be to keep them on board to testify at trial which is incredibly expensive as we saw in the Dulos case. MEO
<modsnip>they really are that pathetic at their job that they are using “lack of funds” for their incompetence. Should they not of checked they could defend RA to the best of their abilities before taking him on as a client?!

RSFF
Originally, B&R were appointed by JG. Can a court appointed lawyer, or two, tell the Judge, "Um. No, thanks?"
This filing spells it out in detail for you:

Filed: 3/17/2024 12:46 PM
Carroll Circuit Court
Carroll County, Indiana
MOTION FOR PARITY IN RESOURCES, TO RECONSIDER THE DENIAL OF ANTICIPATED DEFENSE COSTS, OR TO EXCLUDE EVIDENCE
Thank you, as always, for supplying data points with us.
 
  • #673
Right.

The sketch:

The eyes are further apart, darker looking, slight more outside slant, not at all as puffy underneath. The eyebrows are a lot more pronounced.

The nose is much longer, and bulkier, wider both at the base and at the tip. Nostrils less visible and thicker skin surrounding them.

The mouth is a lot thinner, especially the lower lip.
MOO The still from the video is a dead ringer.
 
  • #674
Therefore, it is now known that the video files on Delphi Drive 1 Export are interviews from the dates of 02-25-2017 through 04-07-2017 without audio, as audio files were not recovered, while the video files were recovered.

Could there be lip readers in the budget?
Is it known if once they discovered their error, they then re-interviewed for the lost interviews?
 
  • #675
Also leaving the recording media in the machine and not locking up the interview disc media is ...
 
  • #676
Weineke Confirmed RA's Defense Attny Hennessy has set up a fund for expert expenses that the Court has denied RA
The story is on her twitter acct.
Is it just me or did they pick the one RA photo and pose that actually looks like BG?
Probably just me
115022_Avatar.jpg

Eta: photo used on crowdfunding page
 
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  • #677
Per this filing it looks like the court has paid for defenses legal experts ( bullet forensic experts,
Digital data experts and clinical psychologist )but defense is now requesting additional funds. This is outlined in section 14-16.
Looks like the confession expert and crime
Scene analyst was denied as unnecessary
JG deemed a crime scene analyst to be unnecessary. Is there an attempt to keep the Odin and their Runes out of court? If a Juror myself, I would strongly consider threats of harm by an Odin or any other guard when placing faith in the accused's confessions to the crimes as being true. Since RA didn't die in Westville, it's a bad look for the jury to learn of these incidents. I mean, one guard got the theme tattooed on his face when asked to remove his patch.
as funding for hiring additional in-house assistants because they are “drowning” in work.
They have 7 working the case currently.

I don’t think their situation is as dire as they portray nor the denial of additional funding so outrageous. jMO

I wonder if they’ve met with the medical examiner yet.
Is JG telling the D to work with what they've got but don't expect financial compensation for expert testimony at trial? As true with most everyone, there is eagerness for the trial to begin. I don't know if I can handle ME testimony but I need not worry since JG ordered no cameras. What's she scared of? No one should fear the truth just as no one should be made to live in fear.
MOO
 
  • #678
Does the judge know the totality of evidence before trial? Can JG make decisions to deny the D based on evidence? For instance if she knows the search warrant produced trophies linking him to the scene? Can she then deny the D more funding because it’s irrelevant to the evidence?
 
  • #679
Does the judge know the totality of evidence before trial? Can JG make decisions to deny the D based on evidence? For instance if she knows the search warrant produced trophies linking him to the scene? Can she then deny the D more funding because it’s irrelevant to the evidence?
That would probably make too much sense, IMO.
 
  • #680
I had forgotten how similar he looked to this drawing. I am sure some will claim they don’t see it but for its uncanny in resemblance.
View attachment 492945
Remember when we were told BG didn't have blue eyes? IIRC- it was Sgt Riley who told us, in the beginning, BG didn't have blue eyes and the witness was close enough to know this.

Without being heavily critical of LE, if the public had not been told the guy on the bridge didn't have blue eyes, then someone might have tipped RA sooner, but that's just a guess. IDK. Whichever witness made that statement about the eye color is sure to be called to the stand if not by the state, then by the D. What is EF's eye color? IDK.
 
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