Abby & Libby - The Delphi Murders - Richard Allen Arrested - #198

[Vern]

D-1 ... ... ...

One more day.

I see six motions from the Defence since 7 October; four of them being on the 10th.
Session: 10/14/2024 9:00 am
It can't come fast enough.

 

[FrostedGlass]

I agree they'll try to attack the validity of the confessions. I just wonder how much scope there would be to call Randos who didn't directly see RAs conditions?

Like I could imagine them calling one of the watchers who has direct knowledge.

IMO

I'm not sure what Randos are (random witnesses?). Records show two of these witnesses have been in Wabash Correctional and IMO may have spent time in solitary. I don't know how Wabash is laid out but it's probably similar to Westville. The cells area where RA was incarcerated in Westville are all the same except for the suicide watch cells. In those, the beds are lower to the ground and there is a 24 hour camera in each one.

I don't know if he had companions in Wabash.

MOO

 

[FrostedGlass]

The judge ruled on RA's treatment already. His confessions were freely given, not because he was mistreated. It's all in her order from August 29, 2024

Order Issued The Court, having had this matter under advisement following a hearing conducted on July 31, 2024, on the Defendant's Motion to Suppress Statements (filed April 11, 2024), the State's Objection to Defendant's Motion to Suppress Filed April 11, 2024 (filed April 23, 2024), the State's Motion to Dismiss the Motion to Suppress Filed April 11, 2024 (filed May 17, 2024), and the State's Motion for Admissibility (filed May 6, 2024), and having considered the witnesses' testimony, the exhibits admitted into evidence, the arguments of counsel, and the applicable statutes and case law, now grants the State's Request for Pre-Trial Ruling on Admissibility pursuant to I.C. 25-33-1-17. The statements given by defendant to Dr. Monica H. Wala, Psy.D., are not privileged based upon the exception noted in the Statute, "(1) Trials for homicide when the disclosure relates directly to the fact or immediate circumstances of said homicide." All statements given by defendant to Dr. Wala are admissible in the trial. Defendant's arguments to the contrary go to the weight the jury would give such statements, not their admissibility. Having taken the State's Motion to Dismiss the Motion to Suppress Filed April 11, 2024 under advisement at the hearing, the Court agrees with the State that the defendant has failed to comply with the Criminal Rules of Procedure by neglecting to clearly state which specific statements he is seeking to suppress, nor the legal basis for the suppression. Despite these deficiencies, the Court has been able to determine that the statements given to the defendant's family members were voluntary, not coerced by any State action, and were not made under threats of violence, or improper influence. Although the Defendant is clearly in custody, he initiated the communication with his family and was not subject to custodial interrogation when he spoke to this family. Further, the statements given by defendant to the correctional officers, inmate companions, the Warden, mental health personnel, medical personnel, and the Indiana State Police were unsolicited by any of those individuals and were voluntarily given without coercion or interrogation. The defendant has not shown that he suffered from psychological coercion by the State which caused him to make these statements. To the contrary, the evidence shows he specifically sought out the Warden by written communication he initiated, and verbal statements he offered to guards, inmate companions, mental health professionals, and medical personnel. The defendant has failed to show any of these statements were the result of coercive interrogation by the State, or that they were the result of his pre-trial detention. The totality of the circumstances of defendant's pre-trial detention were not intended to force confessions from the defendant. The defendant's pre-trial detention is to protect him from harm. The Court is not persuaded that the detention caused the defendant to make incriminating statements. While the defendant does suffer from major depressive disorder and anxiety, those are not serious mental illnesses that prevent the defendant from making voluntary statements. The Court finds the statements given by the defendant to Dr. Wala, the Warden, inmates, guards, medical personnel, mental health professionals, and law enforcement personnel were not coerced, were voluntary, were not the result of interrogation by the State or its actors, nor the product of his confinement and, therefore, denies the defendant's Motion to Suppress Statements filed April 11, 2024. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Baldwin, Andrew Joseph Noticed: Rozzi, Bradley Anthony Noticed: Luttrull, James David JR Noticed: Diener, Stacey Lynn Noticed: Auger, Jennifer Jones Order Signed:​

[td]
08/29/2024

[/td]​

I wasn't thinking along the lines of his confessions.

My thoughts were the possible violation of his constitutional rights. As far as the judge's opinion, I'm not sure she's qualified to make medical/psychological calls. However, I believe it was within her right to use her opinion to rule on the D's motion.

 

[Inthedetails]

Right, but then one has to speculate how representative that is in order to infer the same things apply to RA

The jury is allowed to make conclusions.

Tbh, I don't think those witnesses will take the stand. But in the meantime, I'm thinking about possibilities. Not saying they are true or not, just adding to the conversation.

jmo

 

[Inthedetails]

D-1 ... ... ...

One more day.

I see six motions from the Defence since 7 October; four of them being on the 10th.
Session: 10/14/2024 9:00 am
It can't come fast enough.

@Niner: 9am!

 

[shonyakay]

He has also given the detectives a confession of being involved in the murders with his father, they have found evidence that Richard Allen lived in the same neighborhood as the klines in Peru, they obviously believed him enough to launch a 6 week search into the river underneath the bridge next to KK & his fathers house which ended 2 weeks before Richard Allen Was brought back in for questioning.

Where there’s smoke there’s fire IMO

If there were anything at all to this, the DT would have went with KK as their "SODDI" defense to begin with, yet they didn't.

 

[Niner]

@Niner: 9am!

Thanks! I saw that!

Now - @Vern - you say 6 motions have been filed. I only have 4 from 10/7 to 10/11... there are:

1. 10/7/24 Docket update: Defendant's response to State's Motion in Limine regarding defense witness [re testimony of William A. Tobin]. See post #727, page 37, thread #197.
2. 10/10/24 Docket updates: Motion for Transport Order of IDOC Inmate #240045 [James Haas]. Motion for Transport Order of IDOC Inmate #294614 [Kegan Kline]. Motion for Transport Order of IDOC Inmate #286303 [James Chadwell]. Motion for Transport Order of IDOC Inmate #114393 [Ricci Davis] all filed by Allen.
3. 10/11/24 Docket update: Motion in Limine. [Defendant Allen has reason to believe that the State of Indiana may seek to admit at the trial of this cause, testimony from various prison guards, inmates, LE officers & possibly the testimony of other IDOC staff members as to Defendant Allen's mental state during his detention at the Westville Correctional Facility & Wabash Valley Correctional Facility.
4. 10/11/24 Docket update: Defendant's Motion to incorporate evidence presented at the 8/1/24 pretrial hearing into offer of proof at trial filed by Andrew Baldwin. See post #44, page 3, thread #198.

What are the other 2 = please? TIA!

 

[shonyakay]

There is no information from MSM or LE that support your statements of a confession. Please cite a source. I've already looked at what towns they both lived from the time KK was a child, RA moved to Delphi years ago. Feel free to search my previous posts. The bridge is not "right next" to his father's house, LE never gave a reason for the river search. I realized there are years worth of posts on this thread and it would be difficult to know what subjects have already been throughly discussed.

Detective Vido (Poor guy I have been misspelling his name the whole time) testified that the Wabash river search was due to KK's claims.
KK told LE that his father threw a knife in there and that he (KK) threw a cell phone in there. LE found knives and cellphones (among other items) in the river but none of them were the ones KK claimed.

 

[FrostedGlass]

Why do you suggest JG has her head in the sand? Nobody has said JG is a God, but she was appointed as the Special Judge in this case, and the SCOIN ruled that they found no bias by her towards RA or his attorneys. The D has tried to have her disqualified many times, it has not worked.

She has remained more professional in dealing with R&B and their unethical antics than they deserve IMO.

JMO

IMO the Indiana Supreme Court's definition of bias is quite different from what the general public perceives.

There was a case I watched that I was undecided on and I felt the judge clearly favored the prosecution over the defense. That made me look at the case in a whole different light. I hope this judge displays a neutral attitude in front of jurors.

 

[Vern]

Thanks! I saw that!

Now - @Vern - you say 6 motions have been filed. I only have 4 from 10/7 to 10/11... there are:

1. 10/7/24 Docket update: Defendant's response to State's Motion in Limine regarding defense witness [re testimony of William A. Tobin]. See post #727, page 37, thread #197.
2. 10/10/24 Docket updates: Motion for Transport Order of IDOC Inmate #240045 [James Haas]. Motion for Transport Order of IDOC Inmate #294614 [Kegan Kline]. Motion for Transport Order of IDOC Inmate #286303 [James Chadwell]. Motion for Transport Order of IDOC Inmate #114393 [Ricci Davis] all filed by Allen.
3. 10/11/24 Docket update: Motion in Limine. [Defendant Allen has reason to believe that the State of Indiana may seek to admit at the trial of this cause, testimony from various prison guards, inmates, LE officers & possibly the testimony of other IDOC staff members as to Defendant Allen's mental state during his detention at the Westville Correctional Facility & Wabash Valley Correctional Facility.
4. 10/11/24 Docket update: Defendant's Motion to incorporate evidence presented at the 8/1/24 pretrial hearing into offer of proof at trial filed by Andrew Baldwin. See post #44, page 3, thread #198.

What are the other 2 = please? TIA!

My inserts in red font for you. Doc addresses follow.

1. 10/7/24 Docket update: Defendant's response to State's Motion in Limine regarding defense witness [re testimony of William A. Tobin]. See post #727, page 37, thread #197.
2. 10/7/24 Docket update: Motion For Order On Designated Defense Representatives
3. 10/10/24 Docket updates: Motion for Transport Order of IDOC Inmate #240045 [James Haas]. Motion for Transport Order of IDOC Inmate #294614 [Kegan Kline]. Motion for Transport Order of IDOC Inmate #286303 [James Chadwell]. Motion for Transport Order of IDOC Inmate #114393 [Ricci Davis] all filed by Allen.
4. 10/11/24 Docket update: Motion in Limine. [Defendant Allen has reason to believe that the State of Indiana may seek to admit at the trial of this cause, testimony from various prison guards, inmates, LE officers & possibly the testimony of other IDOC staff members as to Defendant Allen's mental state during his detention at the Westville Correctional Facility & Wabash Valley Correctional Facility.
5. 10/11/24 Docket Update: Verified Motion For Certificate Of Appearance Regarding Out-Of-State Witness
6. 10/11/24 Docket update: Defendant's Motion to incorporate evidence presented at the 8/1/24 pretrial hearing into offer of proof at trial filed by Andrew Baldwin. See post #44, page 3, thread #198.
____________
1. _Defendant's Response to State's Motion in Limine Regarding Defense Witness Hearing.pdf
2. _Motion for Order on Designated Defense Representatives.pdf
3. _Motion for Transport of IDOC Inmate.pdf
4. _Motion in Limine.pdf
5. _Verified Motion for Certificate of Appearance Regarding Out-of-State Witness.pdf
6. _Defendant’s Motion to Incorporate Evidence Presented At The August 1st Pre-Trial Hearing Into Offer of Proof at Trial.pdf

 

[girlhasnoname]

IMO the Indiana Supreme Court's definition of bias is quite different from what the general public perceives.

There was a case I watched that I was undecided on and I felt the judge clearly favored the prosecution over the defense. That made me look at the case in a whole different light. I hope this judge displays a neutral attitude in front of jurors.

I haven't seen anything in MSM that shows the general public in whole perceives Judge Gull to be biased. I think it's smaller groups of RA defenders from SM, YT, TikTok, X, etc.

I'm glad the trial will be public and a record made so we can get to the true facts of this case and dispel any rumors and innuendo. A jury of RA's unbiased peers will decide if he is innocent or guilty. I have faith in our Judicial System and don't understand why it appears to be some major conspiracy to convict an innocent man.

LE had far better suspects IMO over the years. I believe they have strong evidence against RA (besides his 60+ confessions made voluntarily) and we'll understand how it got to this point shortly.

#Justice4Abby&Libby

Just MOO

 

[Trebor5591]

DBM

 

[girlhasnoname]

<modsnip: Quoted post was removed>

... it's abundantly clear to me that Judge Gull is not hostile to the Defense, rather THEY are hostile and unprofessional to JG.

If the respected group of defense attorneys <modsnip> is the Due Process Gang, let's just say that after their leaked messages, I have zero respect for any of them.

#Justice4Abby&Libby

JMO

 

[shonyakay]

I made no comments about the Aug 22 meeting and the search of the Wabash River's relationship to the Delphi murders. I'd ask others to please disregard that inacurrate assertion and I restate, I did not say or even imply that the search of the Wabash/KK meeting w/ISP had nothing to do with the Delphi murders.
Lets not discuss futher.

I believe the article is incorrect. At least in regards to what river was searched.

I'm fairly sure the meeting at the airforce base was when KK made the claims about his father and the claims about the knife and cellphone. The Wabash river search was then conducted.

 

[shonyakay]

We agree. Makes you wonder why RA's defense would ever want him as a witness, for anything, doesn't it? It makes no sense, MO

Of course it makes sense. They have nothing else atm. Lol.

 

[TTF14]

Absence of evidence isn’t evidence of absence.

As always, JMO.

 

[FrostedGlass]

I have faith in our Judicial System and don't understand why it appears to be some major conspiracy to convict an innocent man.
#Justice4Abby&Libby

Just MOO

RSBM for focus.
I'm only speaking for myself as to why I question this case. I've seen 50 other cases in my state of Indiana where innocent people were sent to prison for crimes they did not commit. I think I see red flags in this case.

I'm absolutely with you in hoping the State has strong evidence against RA.

 

[Inthedetails]

Of course it makes sense. They have nothing else atm. Lol.

Agree that KK would make a terrible witness on any topic, and he comes across as very unlikeable as well as untrustworthy. Prosecutors would show what a liar he is, and from there it's not a big leap for the jury to look askance at anything the defense presents.

jmo

 

[TTF14]

I haven't seen anything in MSM that shows the general public in whole perceives Judge Gull to be biased. I think it's smaller groups of RA defenders from SM, YT, TikTok, X, etc.

I'm glad the trial will be public and a record made so we can get to the true facts of this case and dispel any rumors and innuendo. A jury of RA's unbiased peers will decide if he is innocent or guilty. I have faith in our Judicial System and don't understand why it appears to be some major conspiracy to convict an innocent man.

LE had far better suspects IMO over the years. I believe they have strong evidence against RA (besides his 60+ confessions made voluntarily) and we'll understand how it got to this point shortly.

#Justice4Abby&Libby

Just MOO

It’s not about defending RA. It’s about due process and constitutional rights. None of us know if he’s guilty or not. The trial hasn’t even started.

As always, JMO.

 

[Vern]

Absence of evidence isn’t evidence of absence.

As always, JMO.

However evidence is what is required for use at trial at trial. Not rumours, innuendos or 'what-ifs' IMO.