Abby & Libby - The Delphi Murders - Richard Allen Arrested - #208

[susiQ]

I'm just listening to Lawyer Lee's update for yesterday, and at around the 50 min mark in her video, she explains why the prosecution moved to admit this. They argued the defense had opened the door to it, during their cross-examination of Harshman, when Rozzi asked him;

1. have you been listening to phone calls of his in the last 3 weeks, and would this be a really stressful time coming into trial?
2. have there been times where he's proclaimed his innocence?
3. have you ever seen him pose a threat to anyone at Westville?

Apparently, what NM wanted to introduce did not happen at Westville and was not given as discovery to the D. There was no time for the D to ascertain if the video had been edited either to omit what preceded an “event.” I believe JG absolutely made the right decision to deny it from being entered into evidence. Slimy move by the P. IMO

 

[acehard]

I'm just listening to Lawyer Lee's update for yesterday, and at around the 50 min mark in her video, she explains why the prosecution moved to admit this. They argued the defense had opened the door to it, during their cross-examination of Harshman, when Rozzi asked him;

1. have you been listening to phone calls of his in the last 3 weeks, and would this be a really stressful time coming into trial?
2. have there been times where he's proclaimed his innocence?
3. have you ever seen him pose a threat to anyone at Westville?

Good catch! It still shouldn't be allowed though since it wasn't cleared before. The judge also stopped the defense from asking/playing the 'innocent claims' recordings during the prosecutions turn. MOO

 

[Poedelini]

Gotta support your “innocent husband.”

She has so much power and she doesn’t realize it. He’s reluctant to confess because he’s afraid of losing her, and she believes him because she thinks the confessions are a result of his mental state.

He wanted to give it all up to police. Too late now.

I think it is also the snowballing effect of social media and the media. Specially after some motions of the defence, RA was portrait innocent and was thrown under the bus by LE, the judge or whatever else that sticks. That poor guy that got picked out of some files. RA has alot of supporters. Maybe she felled compelled to stand by RA, because it seemed like there was overwhelming evidence that RA did not do it. Except it was a delusion.

 

[mrjitty]

Yes, I think this is the third or fourth time they have asked to be able to present this Odinist scenario. Each time it was ruled that there was not enough ADMISSIBLE evidence connecting their suspects to the murders. But they keep asking anyway but without submitting an offer of proof. Or a solid offer of proof.

it was a huge tell that they didn’t even call the witness who supposedly provides the crucial confession at the 3 day hearing. People still refer to that witness as the backbone of the SODDI theory when they don’t even have that evidence.

They wasted nearly 2 years on a giant hoax

 

[sunshineray]

Why? For what logical purpose would they charge little CVS guy RA, ignoring everyone else they've ever investigated? And why then would that unknown and mentally and addictively challenged little unknown CVS guy decide to help them out by confessing and incriminate himself upwards of 700 times, 700!?

How'd he know about the white van? That's a big one. That info was never in his discovery (that he supposedly read every page of and knows everything he confessed from) nor was it sonething his lawyers and their staff knew until after RA confessed upwards of 700 times.

And why, if he's such a changed man (according to some who are linked in this thread) is he continuing to act out in County Jail and threatening to kill his guard?

What's the boogeyman State done and why to frame little CVS guy RA? What's all behind that accusation?

Edit to this post:
I meant to say upwards of 170 confessions and incriminating statements out of 700 recordings. My apologies for that error.

 

[sunshineray]

After, because that’s how they roll it appears .

You don't think the defense checked to see how many black Ford Focus vehicles, like their client's, there were before the trial? Is that how their investigators roll? Was that missing from the discovery the defense turned over, in error or violation?

 

[Betty P]

He said he was interrupted by a van, when he was alongside the creek, right by the Weber's driveway. Then we find out that B Weber did drive his van down that driveway around that same time.

That seems to be something that RA could not have known unless he was Actually there. Testimony was that RA did NOT have anything in Discovery about that van before he made that confession. Dr W. knew nothing about that van either.

I think that will have a strong impact upon the jury. IMO

The van driving by, the interruption of the attack in progress, the moving of the victims and crime scene across the creek, the timeline - all of those pieces were put together by RA when he explained what happened after he was spooked by the van driving by. He’s the only person who explained the how and why of the progression of the attack. He’s the only living person who could.

 

[Tortoise]

Good catch! It still shouldn't be allowed though since it wasn't cleared before. The judge also stopped the defense from asking/playing the 'innocent claims' recordings during the prosecutions turn. MOO

Lawyer Lee goes into this as well. I'm paraphrasing what she has said about it - these are not her words. If the defense wants to play that call Allen would have to take the stand and say it's him making the call. Also, when Rozzi was cross-examining Harshman, he basically testified (against the prosecution's objections after every utterance) to the contents of the excluded call anyway. Allen was comparing the prison to Guantanamo. The objections were sustained but he got in what he wanted the jury to know.

 

[sunshineray]

Defense calls first 2 witnesses after state rests its case in Delphi murders trial

It's been two years since multiple law enforcement agencies announced Richard Allen's arrest in the Delphi killings. His trial continues Thursday.

www.indystar.com

There's no denying RA saw the white van, proven to be driven by BW at the correct and confirmed time, while RA had the kidnapped girls in his possession, under gunpoint, down the hill with the intention of raping them.

The white van interrupted him.

There IS no other logical or reasonable explanation for what occured next except that after being spooked, RA forced them across the creek and murdered them...JUST like he's stated he did, over and over again.

All just my logical opinion.

 

[FrostedGlass]

He reached a deal with prosecutors. If he successfully completed a pre-trial diversion program, the case would be dismissed.

Standard with misdemeanors like that, unfortunately.

Charges dismissed against man accused in Delphi murders evidence leak

Mitchell Thomas Westerman’s misdemeanor conversion charge has been dismissed by a Johnson County judge.

www.wndu.com

We don't know if he completed his program.
A motion to dismiss was entered and granted on 10/23.
The final compliance hearing on 10/30 was cancelled.
41D03-2311-CM-001119

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

 

[Tortoise]

I know next to nothing about guns, but is it possible to have two bullets in the chamber, one that he might have ejected on the bridge into the river below, more or less at the point he says he did something with the gun, and the second one where it was found to be amongst the leaves on the ground? I can see him making threats with the gun at both locations to get the girls' cooperation. If it's possible he had two bullets in the chamber.

 

[sunshineray]

interesting T. i can see why it wasn’t allowed though.

I find it very odd why the jury is not allowed to see a picture of what RA looked like at the time of the murders? Since Libby's video has been admitted into evidence, are they not allowed to judge accurately if they believe it looks like him at the time? Why would that be? Just wondering.

 

[iamshadow21]

I know next to nothing about guns, but is it possible to have two bullets in the chamber, one that he might have ejected on the bridge into the river below, more or less at the point he says he did something with the gun, and the second one where it was found to be amongst the leaves on the ground? I can see him making threats with the gun at both locations to get the girls' cooperation. If it's possible he had two bullets in the chamber.

I think the only way you can have two in the barrel of a handgun is if the first one is a dud round that doesn't have quite enough oomph to leave the gun.

The chamber for unspent rounds is only big enough for one, the rest are in the magazine.

MOO

 

[Tricia]

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