Abby & Libby - The Delphi Murders - Richard Allen Arrested - #209

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Wait…so now he saw a person or a van??
I suspect this is the “man or van” discussion, later clarified to “van”. As you know, reporters are in court doing their best to listen to witnesses on the stand (who may speak softly or move from the microphone) take notes, then pass them to their team to report. Room for error in transcription.

jmo
 
It denies him the right to present a defense of his choosing, which is one of the things the constitution means when it says "obtaining witnesses in one's favor." All that Aaron Burr heady stuff and the case law that has flowed since the founding of our country is incorporated into that term: "obtaining witnesses in one's favor."

Does the jury understand that? If you were a juror, and a defendant was only able to poke at prosecution witnesses, wouldn't you wonder "well who did it then?" By not allowing RA to obtain witnesses in his favor, to not allow him to put up people to say "it wasn't him, it might have been this guy or that guy" is violative of his right to present a defense of his choosing, no matter how bad that defense may be. Not allowing 3rd party is effectively not allowing the jury to consider anyone other than RA.
Interesting. If I understand this correctly this could be grounds for an appeal.

My question is even if judge Gull allowed the Odinist theory which seems like nonsense to me couldn't that be ineffective counsel and also grounds for appeal?

If so then no matter what there is grounds for appeal.

I have to be missing something because just by the 6th defense could guarantee an appeal in all trials if so inclined. But that is an ethics question.

Correct me please!
Moo
 
Barny Fife carried one bullet in his pocket. But he had a revolver and not a semi automatic.

But seriously I don't know of any reason to only have one bullet chambered unless you only have one bullet left in your possession.

IMO that was RA adding information when unnecessary.
The choices for “bullets in the chamber” are 1) zero, and 2) one. Other rounds inside the weapon would be in the magazine. RA at some point identified that he preferred not to have the chamber empty when carrying. That saves time if you need to get off a quick shot.
 
Does anyone know how the jurors are accommodated to vote in our national election on Tuesday?
IIRC the judge told them to vote early or they wouldn’t be able to vote.

Found it

The 16 jurors were told to vote early before Thursday, Gull said. If they haven't voted, they won't.
 
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Barny Fife carried one bullet in his pocket. But he had a revolver and not a semi automatic.

But seriously I don't know of any reason to only have one bullet chambered unless you only have one bullet left in your possession.

IMO that was RA adding information when unnecessary.
For clarity, keeping one round in the chamber (of a semi-automatic pistol) implies the gun is fully loaded (entire magazine with multiple bullets) with a single round (bullet) from the magazine loaded in the chamber, ready to fire.

Starting with an empty gun, the magazine is slapped into the handle & the the slide is pulled back (racked) so the first bullet from the magazine is loaded into the chamber & in firing position. LE often keep their sidearms as such so when needed, they draw the weapon & flip the safety off & are ready to fire when necessary.

ETA some civilians also carry their weapons as such in case of a self defense situation arising.

JMO
 
While watching the videos, Russell noted that one of the jurors raised their brows and looked at Allen. Several jurors were taking notes. The juror with a background as a psychologist appeared “extremely interested.”

Allen looked down at a coffee mug at one point. Libby German’s family appeared “exasperated” while the videos played, while McLeland seemed exhausted.

Several jurors frowned during Video #7. One juror took notes, wrote something on his notepad, and showed it to the juror next to him. During Video #9, multiple jurors looked toward Allen.

The last video was 52 minutes long. Rozzi told the jury he would be advancing through certain parts.

Defense attorney Jennifer Auger appeared deeply concerned watching Video #10, Russell observed. At one point, Auger held her head in her hand, and covered her mouth during another. Eventually, she looked away.

Of the jurors, Russell said one of the alternate jurors wore a sour look, while the school counselor appeared shocked.

It wasn’t clear to the media and public what was in the videos as the TV faced away from them.

The court recessed for a short break at 10:46 a.m.

 
It was noted that Allen had a different phone in 2017, however, that investigators never found. He no longer had that phone when police came calling in 2022 after finding an old report placed Allen on the trails on Feb. 13, 2017, leading police to decide to take a closer look into the man.


Allen said he ordered Abby and Libby "down the hill" and intended to rape them, but he saw something -- either a person or a van -- and was startled, Wala said.


JMO, there's also sufficent video and audio from Libby's phone to indicate the man approaching them in the video was the one who gave the order.
 
While watching the videos, Russell noted that one of the jurors raised their brows and looked at Allen. Several jurors were taking notes. The juror with a background as a psychologist appeared “extremely interested.”

Allen looked down at a coffee mug at one point. Libby German’s family appeared “exasperated” while the videos played, while McLeland seemed exhausted.

Several jurors frowned during Video #7. One juror took notes, wrote something on his notepad, and showed it to the juror next to him. During Video #9, multiple jurors looked toward Allen.

The last video was 52 minutes long. Rozzi told the jury he would be advancing through certain parts.

Defense attorney Jennifer Auger appeared deeply concerned watching Video #10, Russell observed. At one point, Auger held her head in her hand, and covered her mouth during another. Eventually, she looked away.

Of the jurors, Russell said one of the alternate jurors wore a sour look, while the school counselor appeared shocked.

It wasn’t clear to the media and public what was in the videos as the TV faced away from them.

The court recessed for a short break at 10:46 a.m.

Thanks for the update. So not only do we not get to see these videos, but the reporters didn’t get to see them either so we have NO report what they included other than RA in custody.
 

Seems he may not have been faking it going by some of their reactions, but that is just my opinion.

Does this mean they won't be made public at all?

The main thing is - the jurors saw them at that is what is most important!

JMO MOO JMT
 
His hands were in his pockets---maybe he was hiding that he had gloves on?
I thought that too, but if he was wearing the gloves to begin with, I'd think that he would have had to take at least one off, to get his finger around the trigger of his gun, so that may have been a little awkward or "fussy". I also wondered if he just had gloves in his jacket pocket. I know that I've left my gloves in jacket pockets just so that they're there next time I wore the jacket.
 
I thought that too, but if he was wearing the gloves to begin with, I'd think that he would have had to take at least one off, to get his finger around the trigger of his gun, so that may have been a little awkward or "fussy". I also wondered if he just had gloves in his jacket pocket. I know that I've left my gloves in jacket pockets just so that they're there next time I wore the jacket.
Maybe not with latex gloves…

JMO
 
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