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

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Prosecution can use a hearsay exception because they can’t compel RA to testify against himself. Defense can’t use that exception as a way to admit testimony from their client without opening him up to cross examination.

JMO

It is IMO a rather big flaw in the D case that the jury heard a day of RA telling family and his psychologist how he did the murders but then he won’t tell the jury actually he wasn’t in his right mind when he said that. Of course he does not have to testify but i do wonder what the jury will make of that.
 
It is an authentication issue and this issue has been a mess this morning due to reporting discrepancies. I included the fact pattern below:


I believe that is after the hearsay issue was remedied by JG instructing the videos to be played without audio.
 
It is IMO a rather big flaw in the D case that the jury heard a day of RA telling family and his psychologist how he did the murders but then he won’t tell the jury actually he wasn’t in his right mind when he said that. Of course he does not have to testify but i do wonder what the jury will make of that.
Judge should have let the additional video in from the same day under the rule of optional completeness. IMO She is doing all she can to prevent a defense, again IMO
 
I feel like I'm missing the significance of these defense witnesses. David McCain corroborates yesterday's witness' testimony. I thought it was established that she was on the bridge later, and she did not identify the man she saw as BG. Also, isn't DM the same person that DG spoke to when looking for the girls? So based on the timing and testimony, he is not BG or the killer (even if you think someone else killed them). How does this help the defense?
I think it is primarily to establish the number of people that were in and around the area during the timeframe that has been established by prosecution and who saw or heard anything at all.
 
@Niner


Motion Filed
Motion for Witness to Appear Remotely
Filed By:
Allen, Richard M.
File Stamp:
11/01/2024​

[td]
11/01/2024

[/td]​
@Niner the below excerpt is what this motion is about:

12:41 p.m. Defense request for witness to appear remotely.​

The defense has filed a motion today requesting an FBI Special Agent be allowed to testify remotely. They want Adam Pohl, who is currently working in San Antonio Texas to testify. They say he is a necessary witness for the defense and that his testimony and his testimony will only take 30 minutes.

Pohl is currently the election crime coordinator for the FBI San Antonio, Texas division.

The defense says it is extremely difficult for Pohl to appear in person given his current job responsibilities pertinent to the November 5th election. He was previously assigned to Indiana.

That motion can be viewed below.
 
what I don't understand is...why weren't these confessions taken with more curiosity, like did he wear gloves?
why did he have gloves with him? what was in his pockets? so is this the first time he raped or tried to rape somebody?

because I don't believe that he ever intended to let his victim/victims live, and I want to know who else he has victimized. Not just his sister and whomever Chris is.

I need more. mOO
Because the prison staff and psychologist were not questioning him. They were just writing down his spontaneous utterances, allegedly.
 
Judge should have let the additional video in from the same day under the rule of optional completeness. IMO She is doing all she can to prevent a defense, again IMO

i suspect having listened to all that, i’d need to hear the defendant himself recant it. my own view only.

of course testifying would obviously open him up to potentially disastrous questioning so ….
 
Updated: Nov 1, 2024 / 04:16 PM EST

3:09 P.M. TESTIMONY FROM DEFENSE WITNESSES.​

Court is back in session at 1:05 p.m.

At 1:10 p.m. the defense called Brad Heath.

Heath tells the jury he lives just outside Delphi and is 70 years old. He worked for Reliable Exterminators and retired 5 years ago.

Heath says he managed company business for the Delphi area and surrounding spots. He describes doing a job at a company called Anderson’s and the scans of the building he did on Feb. 13, 2017. His last scan was at 2:06 p.m.

Defense attorney Brad Rozzi hands Heath a report he requested that shows what Heath did that day at that stop. The report refers to Heath seeing a vehicle at 8:45 a.m. the morning of the murders. He noticed it was in the same location that afternoon. Heath said the car was half-way down the road near the CPS building, parked about two feet off the road.

Heath said it was an older car and looked out of place. He said he went to law enforcement a week after the crimes to tell them after he realized what happened. Heath said he talked to law enforcement a few times over the years at his own prompting.

Heath said he recently spoke to law enforcement about having seen a car that looked like it was “in a movie.” He says the car was a 4-door that looked like it was from the 80’s or 90’s. He said he was 150-250 yards away when he saw it. The defense shows a photo of the car.

Heath said he had no recollection of cars being in the CPS lot or not. He said he saw different angles of the same car at different points throughout the day.

The prosecution had no questions for Heath.
 
I do hope the jury won't have to wade through testimony of every witness who saw a vehicle anywhere in the vicinity of the trails at any point in the day. I imagine that would be a lot of witnesses and a lot of vehicles. JMO

Especially if all they are able to take from that testimony is that other random people were in the general vicinity (we know) and some drove vehicles to get there (also know)
I hope the jury is given the complete context of everything the state has presented.
 
At 2:05 p.m. the defense called former Delphi Fire Chief Darrell Sterrett. This is the 8th witness for the defense.

Sterrett says he grew up in Delphi and graduated in 1985. He has been a firefighter for 36 years. He was the Fire Chief on Feb. 13, 2017.

Sterrett said he was at the station house around 6 that night because there was a training even. He said that word came in that two girls were missing.

He said he went to the Carroll County Sheriff’s office, where joint command had been set up. Sterrett said they tried to figure out where they were and sent people to search for them.

He tells the jury that they were directing the search through dispatch and that Mullin and Lazenby were in charge of the search.

Sterrett is shown a document that kept track of where firefighters, cadets and officers were that day. He said they are an entirely volunteer department but everyone was at the station that day because of the training event.

Sterrett tells the jury they were notified about the girls at 7:01 p.m. He said he left to go to unified command at 7:10 p.m. He says about six of the volunteer firefighters were at the bridge that night, around 9:30 p.m. He took his personal vehicle and the volunteer firefighters took two firetrucks.

Sterrett said he entered the trails off of 625W and drove to the “end of it” and parked. He said there were houses on the left. He said he parked in someone’s yard. He said one vehicle drove up to the bridge, but the others walked.

Sterrett tells the jury that they needed the search to be “boots on the ground.” He said he thought the girls were scared and cold. “It was not an organized grid type search” he said.

He says the searchers were separated by varying amounts of distance. He said they stayed more “southwest of the bridge, only on the east side a bit.”

Sterrett said he left the scene around 1:30 a.m. or 2 a.m. on Feb. 14, 2017. Sterrett corrects himself and says he left at 2:30 a.m. on Feb. 14.

Sterrett said he ordered a search north, south, east and west of the bridge. In a deposition he said there may have been higher intensity lights from vehicles, but he is not sure.

He says the night was very dark, that the firefighters were using department issued flashlights, which had a spot or flood setting. He said someone may have shined a light on Deer Creek to check for the girls.

Sterrett told the jury that nobody from his team saw anything floating in the creek and did not hear anyone shout out saying they saw anything.

He said he could hear people during the search.

The prosecution does not cross-examine.

The jury asks two questions:

“How long ago did you give your deposition? Did you get a copy at that time?” Sterrett replies that it was three weeks ago and it was mailed to him.

“Did you search the area southeast of the cemetery?” He replied “I did not personally.”


 
Last edited:
Updated: Nov 1, 2024 / 04:18 PM EDT


Former fire chief takes part in nighttime search​

Delphi native Darrell Sterrett told jurors about taking part in the nighttime search for the missing girls. Sterrett has served on the Delphi Fire Department for 36 years including a stint recently as fire chief.

Sterrett told the jurors about how he helped organize the “hasty search” on the night of Feb. 13, 2017. Sterrett said he wanted boots on the ground quickly.

“My thought was they were hunkered down, cold and scared… waiting for us to find them,” Sterrett said.

The search party consisted of five or six people and began at around 9:30 or 10 p.m. Former Delphi Police Chief Steven Mullin and former Carroll Co. Sheriff Tobe Lazenby directed the search.
 
____________________________________________________________________________________
I do not think he is innocent. I think maybe he planned out more than he says. But all IMO.
My impression is that this was very carefully planned. He picked up some beer, drank 3. Kept 3 for later. He over-dressed for the weather - was that to disguise himself? He'd been out earlier that day visiting his mother in Peru, so he knew what the weather was like - no excuse for over-dressing. His face was partially covered (per 3 girls testimony). He carried a gun and a knife to walk along the bridge.

He was familiar with the bridge, having lived in the area since 2006. There's a path from the bridge to his home, so he could have previously checked the area for places where he could assault victims under the bridge.

He probably knew that it was a popular area for teens, since he had a daughter close in age to the victims who was photographed on the bridge allegedly prior to the murders.

When he saw the white van, he had a plan B. He took the girls to another secluded location, just South of the cemetery, where he was alone with them for another hour. He was closer to his vehicle after crossing the creek.
 

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It is an authentication issue and this issue has been a mess this morning due to reporting discrepancies. I included the fact pattern below:



Do you think the reporter used the wrong wording? And, thank you for your input AND especially for having a sense of humor with some of the posts last night. I enjoy the legal explaining.

jmo
 
This is my first big trial since McStay and i am once more struck at the banal evil that stalks the land. I suspect this is why there is such a need to believe in a big occult conspiracy and corrupt police department.

It’s much harder to believe that one day a nobody from CVS went and butchered two young girls or that a family friend would club an entire family to death with a hammer over a few 1000 dollars.

IMO that demand for meaning is what is being exploited here.

But the reality is a lot more frightening than some middle aged dudes stringing people up in trees and posting it on facebook. It’s taudry and.desperately sad crimes committed by deeply broken men

Moo
 
At 2:05 p.m. the defense called former Delphi Fire Chief Darrell Sterrett. This is the 8th witness for the defense.

Sterrett says he grew up in Delphi and graduated in 1985. He has been a firefighter for 36 years. He was the Fire Chief on Feb. 13, 2017.

Sterrett said he was at the station house around 6 that night because there was a training even. He said that word came in that two girls were missing.

He said he went to the Carroll County Sheriff’s office, where joint command had been set up. Sterrett said they tried to figure out where they were and sent people to search for them.

He tells the jury that they were directing the search through dispatch and that Mullin and Lazenby were in charge of the search.

Sterrett is shown a document that kept track of where firefighters, cadets and officers were that day. He said they are an entirely volunteer department but everyone was at the station that day because of the training event.

Sterrett tells the jury they were notified about the girls at 7:01 p.m. He said he left to go to unified command at 7:10 p.m. He says about six of the volunteer firefighters were at the bridge that night, around 9:30 p.m. He took his personal vehicle and the volunteer firefighters took two firetrucks.

Sterrett said he entered the trails off of 625W and drove to the “end of it” and parked. He said there were houses on the left. He said he parked in someone’s yard. He said one vehicle drove up to the bridge, but the others walked.

Sterrett tells the jury that they needed the search to be “boots on the ground.” He said he thought the girls were scared and cold. “It was not an organized grid type search” he said.

He says the searchers were separated by varying amounts of distance. He said they stayed more “southwest of the bridge, only on the east side a bit.”

Sterrett said he left the scene around 1:30 a.m. or 2 a.m. on Feb. 14, 2017. Sterrett corrects himself and says he left at 2:30 a.m. on Feb. 14.

Sterrett said he ordered a search north, south, east and west of the bridge. In a deposition he said there may have been higher intensity lights from vehicles, but he is not sure.

He says the night was very dark, that the firefighters were using department issued flashlights, which had a spot or flood setting. He said someone may have shined a light on Deer Creek to check for the girls.

Sterrett told the jury that nobody from his team saw anything floating in the creek and did not hear anyone shout out saying they saw anything.

He said he could hear people during the search.

The prosecution does not cross-examine.

The jury asks two questions:

“How long ago did you give your deposition? Did you get a copy at that time?” Sterrett replies that it was three weeks ago and it was mailed to him.

“Did you search the area southeast of the cemetery?” He replied “I did not personally.”
So, a big takeaway is that it was very dark and there were folks out in the area until at least 2:30am. It was a disorganized search, not a super-thorough grid search. Someone may have shined a light on the creek. It sounds like they did not search north of the creek, and the witness says he definitely did not look there personally.

The defense is struggling really hard here. Not only does this testimony leave open the idea that the girls were on the north side of the creek all night, it also highlights how easy it would have been for searchers to miss them and how hard it would be for a group of odinists to navigate through that area in the pitch black while leaving no trace.

JMO
 
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