This is the one item in the Defense filing that has me curious and is actually "new information".
Everything else is not "new evidence" and was within the discovery materials. Whether or not the Defence legitimately 'missed' it or 'deliberately chose not to present it at trial' really is moot to me. It was there and available for them to use and present, but was not brought forth for
whatever reason. Ergo, IMO, it does not meet the legal requirement of "New Evidence" found that would result in a susccessful appeal.
But, that lawyer/legal counsel bit is new ... and interesting. You mention the email chain, but in reading the actual Defence filing on behalf of RA, I notice a couple of things that I find hinky although I'm not sure of the implications under Indiana law (IANAL).
27 October 2022: Probable Cause Affadavit
27 October 2022: Charging Documents Count 1 & Count 2
28 October 2022: Initial Hearing for RA
28 October 2022: Court Order Sealing Public Records Request
So then we have the
Defendant's Verified Motion To Correct Errors from 20 January 2025. Within it, the "new" to me info is about the legal representation. But I see issues with parts of that claim:
According to this document, timeline is as follows:
26 October 2022:
- RA is arrested
27 October 2022:
- KA apparently 'hires' Brett Gibson to represent RA (Kathy swears to this via affadavit)
- that evening Gibson emails Sheriffs office & Prosecutor NM (Exhibit 1B)
- Sheriff acknowledges receipt "via telephone" that evening
- Gibson contacts McLelland by telephone
- McLelland arranges for Gibson to visit RA in Carroll County Jail that night (27 October 2022)
- During meeting with RA on 27 October 2022, Gibson advises him NOT to discuss his case over telephone as it would be recorded
-
At 10pm Night of October 27th 2022 Attorney Gibson calls KA and advises her that he would not be getting RA out of jail as he was going to be charged with two counts of murder the next day on October 28th 2022
View attachment 560127
So the lawyer was "in town" obviously as he visited Allen in jail the night of October 27th.
BUT, this lawyer is nowhere to be found and is not in court with RA the very next morning when he admittedly already knew, according to the defence's own filing, that RA was to be in court and was being charged with two counts of murder.
Where was he??!! Why wasn't he in court with "his client"??
Then we have the court documents from 28 October where RA advised the court that he intends to hire private counsel. (Link: _Order on Initial Hearing.pdf ) N
ote that he didn't say, "I have hired private counsel (Gibson)" nor did he even bring up his name. Nor, as we know, was this lawyer Gibson, present in the courtroom despite knowing RA had a hearing that day as he himself had told KA on the phone the night before.
On 1 November 2022, Allen writes the court seeking a court appointed attorney due to costs. Within this letter he again reitterates that on 28 October, he told the court he would be seeking his own counsel ... and not that he already HAD counsel in the form of this Attorney Gibson despite the claim in the Defense's recent filing that, "nothing in the letter indicated that he was not already represented":
View attachment 560129
Very interesting. There's more to this "he had a lawyer" line/story than we can see and I suspect we'll get to the actual full and telling details eventually when this makes the docket higher up the line.
I suspect that KA spoke to a lawyer, or had a friend who knew a lawyer etc, that reached out to RA and visited him in jail the night of the 27th October on a limited pro bono basis. But, that lawyer failed to appear the next day in court on behalf of RA ... and RA failed to mention them and actually stated he would find his own lawyer when queried about having counsel.
Because RA possibly refused his hired services on the night of the 27th due to costs?? (Could explain why the lawyer wasn't present in court on the 28th And could also explain RAs turnaround in requesting one be provided to him as he now realized "how expensive it would be") ...
RA nor Kathy didn't pay a retainer so actually hired no lawyer?? A receipt for such a retainer attached as an exhibit to this latest filing would go a long way IMO ...
Yep: there's more details to come on this lawyer bit ... if he was retained and just failed to show up in court on 28th October 2022 despite knowing of RA's (his alleged client's) being charged that very day ... could he face disciplinary action?? IANAL, but I'm pretty certain there's a reason he wasn't there in the courtroom IMO.