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

[AugustWest]

I was paraphrasing the question asked for dramatic effect.
This is the actual quote:

At one point during defense questioning, Andrew Baldwin, part of Allen's defense team, stood behind him in court with his hands on his shoulders and said, "You guys, look at this man right here. Is it really possible that he might be innocent of this crime?" Allen smiled at the jury and the jury just stared back. The state objected. Baldwin then said to the potential jurors, "I need you to look in your hearts and minds."

That is one of the things asked at almost every trial. The purpose of the question is to determine possible bias among the jurors. Those jurors that would say "no, there is no way he is innocent" would be struck for cause.

Here are the Indiana Jury Rules (Rule 17 and 18 are for challenges to jurors):

Redirecting...

ETA: not 16 and 17

 

[WildHuncher]

I was paraphrasing the question asked for dramatic effect.
This is the actual quote:

At one point during defense questioning, Andrew Baldwin, part of Allen's defense team, stood behind him in court with his hands on his shoulders and said, "You guys, look at this man right here. Is it really possible that he might be innocent of this crime?" Allen smiled at the jury and the jury just stared back. The state objected. Baldwin then said to the potential jurors, "I need you to look in your hearts and minds."

Desperation. The quiver is empty.

 

[Betty P]

For some reason I don't trust what is going on. Call me psychic but I feel there is a reason the defense is moving this fast. Something feels off, but I can't put my finger on it. Deliberately wanting to go through the four alternates? Setting up some type of jury misconduct?

Almost feels like passive aggressive behavior.

Much of what they do will be aimed at getting a mistrial or for appeals.

 

[Purdue19]

I could be wrong...but both the prosecution and defense should be able to dismiss a certain number of jurors, without reason, after the potential jury is seated. I'm not sure what the number would be in this case, but I believe it is referred to as peremptory challenge(s). The number of challenges can differ depending on the jurisdiction and the nature of the case. Once both sides have exhausted their peremptory challenges (or decided not to use them further), the remaining jurors form the jury. Also important to note that Baston v. Kentucky prevents dismissal based on discrimination. Peremptory challenges are used for strategic influence on the journey, and are different than a jury dismissal for cause.

Sec. 3. (a) In prosecutions for murder where the death penalty is sought, the defendant may challenge, peremptorily, twenty (20) jurors.

(b) In prosecutions for murder, where the death penalty is not sought, and Level 1, Level 2, Level 3, Level 4, or Level 5 felonies, the defendant may challenge, peremptorily, ten (10) jurors.

(c) In prosecutions for all other crimes, the defendant may challenge, peremptorily, five (5) jurors.

(d) When several defendants are tried together, they must join in their challenges.

2023 Indiana Code :: Title 35. Criminal Law and Procedure :: Article 37. Trial Procedure :: Chapter 1. Jury Selection :: 35-37-1-3. Peremptory Challenges by Defendant

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

From my understanding, this is why the jury selection is slated for 3 days.
If I'm off base here, feel free to correct me.

JMO

 

[Megnut]

https://twitter.com/x/status/1845857530230046826

120 defense witnesses? Every grade school teacher he ever had? Every prisoner? Hoping to outlast 5 jurors so 11 can't deliberate?

120 defense witnesses. I'll believe it when I see (read about) it.

JMO

 

[Emma Peel]

https://fox59.com/delphi-trial/6-jurors-seated-so-far-in-delphi-murders-trial/

The prosecution seemed to indicate it may not have conclusive DNA or phone data or weapon evidence. The defense appeared to lay the groundwork to keep Allen off the witness stand.

JMHO: well that quote gives us some qualifiers in terms of evidence (BBM quote above).

But ... this has been my humble opinion all along based upon reading the available facts from the prosecution/state to date. I'd not be surprised if the prosecution is qualifying and setting realistic expectations up front for potential jurors as to the lack of particular types of "conclusive" facts/evidence ... from the get go.

jmo

 

[sunshineray]

https://twitter.com/x/status/1845857530230046826

120 witnesses!? Are they insane? Did that number include ALL the SODDI stuff, not to be heard by the jury? Makes me think the defense is pre-determined to make this trial go over the month slotted, just because it's on the record them moaning and groaning about the time limit. They want to prove the judge, they've tried to oust numerous times, was wrong, at all costs, just because. AJMO

 

[shonyakay]

Someone mentioned on here that the timeline isn't known yet but it most certainly is. This is from RIchard Allen's PCA but they jump around a lot in it so I thought I would put it in chronological order.


February 13, 2017

At 12:43 p.m. three teen girls and a little girl take a picture on the Monon High Bridge.

At 1:26 p.m. Those same girls take a picture on a bench after having walked the entirety of the approximately one mile trail. They then head westbound toward Freedom Bridge.

At 1:27 p.m. A car that resembles Richard Allen's 2016 Black Ford Focus is seen traveling westbound on CR 300 N. Heading in the direction of the former CPS building.

In his first statement, Richard Allen, says he parked at the old farm bureau building and headed toward Freedom Bridge. He says he was on the trails that day from 1:30 to 3:30 p.m.

In the vicinity of the Freedom Bridge the three teen girls see a man. They describe him as "kind of creepy", "not very tall", had his hands in his pockets, wearing blue or black jeans and a blue or black jacket. He had gray hair maybe a little brown.
He matched the man in the still photo from LG's cellphone video.

Richard Allen said at the Freedom Bridge he saw three females. One was taller and had brown or black hair. He then says he walked to the High Bridge.

Just before 1:46 p.m.
Betsy Blair observed four girls (The three teen girls and the little girl) walking on the bridge over State Road 25 as she was driving underneath.

At 1:46 p.m.
Betsy Blair's car is seen traveling eastbound.
She parks her car across from the Mears farm and starts walking toward the High Bridge.

At 1:49 p.m. Kelsi drops Libby and Abby off across from the Mears' farm.

When Betsy Blair makes it to the High Bridge she
sees a man wearing blue jeans and a blue jeans jacket standing on platform One approximately 50 feet away. He matched the man from the still photo from Libby's cellphone video.

Richard Allen said in his 2022 statement that at the High Bridge he walked out onto platform One. He described himself as wearing blue jeans and a blue or black jacket.

Betsy turns around to finish her walk and halfway between the high bridge and the Mears' farm parking area she sees two girls who she believes to be Libby and Abby. They were headed to the High Bridge.

At 2:05 p.m.
Libby takes a picture of the bridge in between the second and third platforms (I will explain how I know this in my follow up post).

At 2:07 p.m.
Libby gets on the third platform and turns around to take a picture of Abby walking across High Bridge. No one is visible in the picture except Abby.

Around 2:10 p.m.
A man on his way to Delphi on State Road 25 observes a purple PT cruiser or a small suv type vehicle parked on the South side of the old CPS building. It was backed in as though to conceal it's license plate.

At 2:13 p.m.
While at the end of the High Bridge or very close to it Libby, who is turned toward the beginning of the bridge, begins recording video of a man on her cell phone. The man is coming from the direction of the beginning of the bridge. He is between the fifth and six platforms walking behind Abby. (I will share how I know this in my follow up post)

In the video it has been described as containing the following...
Abby looks up at Libby and asks if the man is behind her. One of the girls', it is believed to be Abby, mentions the man has a gun. The girls' discuss where they should go. The man approaches and says, "Guys.... down the hill!"
The sound of a gun clicks. The video is said to be 43 seconds long and ends at 2:14 p.m.

At 2:14 p.m.
Betsy Blair's car is seen leaving westbound from the trails. As she passes by the old CPS building she sees a car parked in an odd manner. It is in the same general spot and backed in like the man observed around 2:10 p.m.

Other people were on the trails after 2:13 p.m.
and none of them saw Richard Allen, Libby, or Abby.

Around 2:28 p.m.
A man sees a small dark colored car parked at the old CPS building. He describes it as possibly a smart car.

At 2:32 p.m.
Libby's phone ceases movement, according to the Apple Health Data on her cellphone.

At 3:57 p.m.
Sarah Carbaugh is driving eastbound down CR 300 N when she sees a man walking westbound away from the Monon High bridge. He appears muddy, bloody, and like he's been in a fight.

There were other individuals on the trails or CR 300 N from 2:30 p.m. to 4:11 p.m. and none of these people saw a man resembling RIchard Allen on the trail.

The girls were found dead the next day and a .40 caliber unspent round was found less than two feet from Libby's body and in between Libby and Abby's bodies. There were extraction marks on the bullet. When LE tested Richard Allen's Sig Sauer P226 the extraction marks matched the one's on the unspent bullet from the crime scene.



May Abigail and Liberty have their Justice that is so long over due.

 

[Warwick7]

120 defense witnesses? Every grade school teacher he ever had? Every prisoner? Hoping to outlast 5 jurors so 11 can't deliberate?

120 defense witnesses. I'll believe it when I see (read about) it.

JMO

Exactly! And after ready the affidavit again, there is no getting around that he #1 never let anyone touch his guns and #2 that he had no explanation as to why a round cycled through his firearm would be at that location.

 

[gremlin444]

https://twitter.com/x/status/1845857530230046826

My mouth dropped open at that. 120 defense witnesses??

For comparison: the famous Alex Murdaugh with his nearly 6 week long trial had 14 defense witnesses over about 2 weeks and 61 state witnesses (plus 4 or 5 rebuttal witnesses) over about 3 weeks. So they are about even on state witnesses with 50....but defense witnesses??!!!
(https://www.cnn.com/2023/02/27/us/alex-murdaugh-murder-trial-monday/index.html)

 

[Betty P]

https://fox59.com/delphi-trial/6-jurors-seated-so-far-in-delphi-murders-trial/


JMHO: well that quote gives us some qualifiers in terms of evidence (BBM quote above).

But ... this has been my humble opinion all along based upon paying the facts from the prosecution to date. I'd not be surprised if the prosecution is qualifying and setting realistic expectations up front for potential jurors as to the lack of particular types of "conclusive" facts/evidence ... from the get go.

jmo

I agree. It's better to hear it from the prosecution and allow them to frame this issue than repeated attacks from the defense.

 

[Trebor5591]

I gotta say and I'm not demoting men in ANY way, Hearing 6 women have been selected brought a small sigh, an calming exhale. Hope they're all Moms and Dads <3 I know the odds are they won't be. Just let them all be empathetic humans as well as studious.

I feel confident either men or women would be equally up to the task.

 

[minazoe]

I do not understand how they are not seeking the death penalty. Did the families not want it? I think I missed this detail or forgot about it . Now they have nothing to bargain with, they will not compel him to confess other crimes.

ugh. whatever. mOO

 

[sunshineray]

https://fox59.com/delphi-trial/6-jurors-seated-so-far-in-delphi-murders-trial/

Dismissed because he doesn't like the color green? Am I missing something here? Green's my favorite color, does that mean I'd get picked?

 

[justtrish]

Can't wait to see the witness lists for each side.

 

[Inthedetails]

Dismissed because he doesn't like the color green? Am I missing something here? Green's my favorite color, does that mean I'd get picked?

If I had to grab a guess out of the blue, I would guess that juror was making a dumb joke and was dismissed for being a wise cracker. That's a complete guess on my part. Maybe we'll find out the context later.

jmo

 

[Purdue19]

https://twitter.com/x/status/1845906692069884313

 

[Arkay]

These aren't the types of questions asked of jurors during voir dire. We ask things about education, background, media consumption, employment. Not about specific facts of the case. The opening statements were given to inform the jurors of baseline information regarding the case.

I certainly respect that you know your profession well.

I can only cite what once happened to me as a prospective juror.

I’m in NYC and maybe the law is different here, but I was released from serving during voir dire. It was very shortly after 9/11. Anthrax was going around because I recall trying to avoid the sidewalk mailbox in front of the court, and I think that was October.

The case was a civil suit, slip and fall against the city.

I cannot quite recall what I was asked 23 years ago, but I was asked something that allowed me to say that with what NYC was going through at the moment, financially besides all else, I would have a hard time having the city forced to pay some lawsuit.

Again I cannot remember how the question was phrased, but I do recollect my answer and I feel that it was determining bias.

I do know bias is the operating basis for voir dire, but we were asked more than education, employment and other factual questions.

What is up, @AugustWest, with dismissing a juror who dislikes the color green? I cannot conceive of why a question would be asked about something so trivial, nor why the answer was egregious enough for the person to be dismissed.

Thanks if you can illuminate this!

JMO and JME

 

[arielilane]

While Allen has the constitutional right to a public trial, Special Judge Frances Gull has given orders that will limit public access to only those who are actually in the courtrooms — in Fort Wayne for jury selection and in Delphi for the trial. No video or audio recording is allowed.

No phones, no laptops, no cameras in Delphi murders trial of Richard Allen. Here's how we'll report

The man suspected of killing Abby Williams and Libby German in 2017 in Delphi, Indiana, is set for a six-week trial set to start Oct. 14, 2024.

www.indystar.com

10/14/2024

 

[Yemelyan]

The jurors have a variety of backgrounds including, a nurse, a counselor, a retired man, two with law enforcement families, and one who has been on three other juries.

10 jurors seated in Delphi murders trial so far

Jury selection for the Delphi murder trial is set to begin Monday in Allen County. Jurors will be transported roughly 100 miles to Delphi for the duration of the trial.

www.wrtv.com

Not the mix I would want if I were on the defense team.