GUILTY Abby & Libby - The Delphi Murders - Richard Allen Arrested - #220

[Justice101]

Its RAs account - I think he fudged around the time to avoid saying exactly what he was doing when the van drove by. Car in the country do make a lot of noise and are highly noticable.

Gravel road with a long hill running beside it makes it amplify the sound. It is a very quiet place and any car coming down that gravel road would be heard 1/2 mile ahead.

 

[Emma Peel]

Oh, we’re still being told to refer to security camera footage which the defense released to the public but was unable to ever verify the timestamps but instead resorted to using court approved sun dial reading from shadows cast upon the earth? We never even got around to even trying to verify whether that was even BW’s van at all - we just let them have that one.

Was that one man an eyewitness saw able to be captured on this exonerating video, still ducking behind mailboxes & looking suspicious hours later, face never observed?

Was Ricci Davis the cinematographer of this video by chance? Does Ricci Davis have Ausbrook’s Tweedle Dee account login? Oh, never mind - I forgot, someone backing up the defense has their lips moving & is therefore likely misrepresenting the truth. Again.

Yes, the pot stirrers are once again brewing up their voodoo in the background. Interesting how it coincides with appellate filings. They still are unable to remove the convicted child murderer from the bridge at the time he told DD he was there, under no duress, psychosis free, not while being detained, holding no sporks, coming forth freely from his very own scaly lips.

I hear horses stampeding in the distance. No, wait, Andy’s slapped another subpoena down on the witness stand - or was it more sworn affidavits from Reecee Cup?

Odin has left the building. The clown cars are following.

JMO

okay, that's funny.

INAL. BUT I do think the Appellate process is pretty interesting.

And - sure - it's time for for the (overdue) Appellate briefs on this case. AND, per most recent Appellant filing, the exhibits related to the security footage of the white van are MISSING from the record. (So, not really a coincidence). Those videos are holding Appellate things up. Along with the Franks exhibits.

Anyway, here's an interesting technical point as to the security video evidence:

The MTCE (Motion to Correct Errors) states that security video is the State's evidence - which the State collected as their investigation evidence, and then the State provided that evidence to the Defense - as required - in the State's discovery package.

BW testified to times that differ from the State's security video evidence. It's presumed the State knows/should know their own evidence facts. AND, the State has the "duty to correct false witness testimony".

The Defense's MTCE states the video timeline is correct (except for am/pm) and the witness's timeline is off 12 minutes. MTCE references case-law from Napue v. Illinois as to this burden that was on the prosecution to correct BW's errors.

Here's a link for the Napue v Illinois case law mentioned, with a relevant quote.

Henry NAPUE, Petitioner, v. PEOPLE OF THE STATE OF ILLINOIS.

"'It is of no consequence that the falsehood bore upon the witness' credibility rather than directly upon defendant's guilt. A lie is a lie, no matter what its subject, and, if it is in any way relevant to the case, the district attorney has the responsibility and duty to correct what he knows to be false and elicit the truth. * * * That the district attorney's silence was not the result of guile or a desire to prejudice matters little, for its impact was the same, preventing, as it did, a trial that could in any real sense be termed fair.'"

The Trial Court also received the State's response to the MTCE and decided not to hear any of the issues raised in the defense's Motion to Correct Errors.

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I just find the Appellate process to be interesting. Along with the applicable case law.
I'm wondering what specific issues and law - after sifting through years and years of stuff - these experts will select for argument. The first hints came last week.

Agree the higher court will uphold the lower court's findings ... UNLESS they find that there were significant errors - as to trial process - that may have influenced the jury and/or the lower court's decisions along the way.

If the Appellate finds the trial has no significant errors, the Appellate will uphold the lower court, no problem.


JMO & not a lawyer