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So I wonder who is it that has sufficient life’s experiences to permit making a judgement as to the mental state of Defendant Allen? The D certainly do not have expertise in the field of mental health either, and weren’t interested in dealing with or even getting an assessment of their client’s “mental breakdown” at the time. This motion reeks of last minute desperation IMO. Much like the results of the SW, the testimony of “guards, inmates and prison employees” must be extremely incriminating. JMO
“Allen's attorneys argued that the statements were part of a mental breakdown Allen suffered from the isolation and harsh prison conditions.![]()
Delphi murder suspect Richard Allen tries to block prison guards from testifying
Delphi murder suspect Richard Allen’s attorneys want to block prison guards from testifying about incriminating statements Allen might have said.www.jconline.com
In Friday's motion, Allen's attorneys argue the guards, inmates and prison employees "do not have sufficient life experiences that would permit making a judgment as to the mental state of Defendant Allen." The motion argues their testimony violates trial court rules for lay witnesses.
The testimony of guards, inmates and prison employees also violates a different trial court rule for expert witnesses because they do not have expertise in mental health, the motion argues.“
These people will not be asked to analyze anything. They will simply be asked what they observed.
You are right that for all the defense team’s jumping up and down about RA’s mental health, they have steadfastly avoided having him evaluated, or suggesting he was incompetent to stand trial. That’s very odd I think.
Opinion