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.

*******

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

 

[Emma Peel]

View attachment 619004

Has anyone brought to the thread the phone call between RA and his Dad on same day - just before this call with his mom/wife? Looking back a bit - looks like maybe no?

The phone calls, same day, with RA's Mom and Kathy were played for the Jury. The Judge decided that the call with his Dad just before the calls to his Mom and Kathy did not need to be heard along with the other calls.

Here's the court transcript at the sidebar which contains the Judge's ruling that RA's call with Dad would not be heard as a series of calls with Dad (stepfather), Mom, and Kathy.

After the sidebar transcript is the call from RA to his Dad (that was not let in to be heard by Jury along with the other family calls).











AND ... HERE'S the prison call from RA to his Dad ... (Call to Dad happened before the calls that were played for the Jury)

 

[Emma Peel]

Has anyone brought any of the transcripts of side bar decisions and admitted / not admitted exhibits from trial to this thread?

(I'm asking b/c the transcript has been available to read through for some time now.)

The transcript is pretty interesting - especially b/c we weren't able to watch the trial.

 

[sunshineray]

Should these exhibits end up lost/misplaced by the court, I would expect the "recreation" will be having the defense resubmit those exhibits to the court, the state will likely review & approve them then they will be re-entered into the court’s system then distributed to the appellate attorneys. No way would I trust the defense to hand something over to the appellate attorneys in good faith.

It’s news to me if the defense attorneys are involved with his appeal (cause number 25A-CR-00591). Sure, they’re still crying to the public via any media outlets who will listen but their job is done. They could potentially be advising in the background. Leeman & Uliana are his state appointed attorneys now & they are the only ones who have made any filings regarding his appeal (per the IN mycase site). The murder case (cause number 08C01-2210-MR-000001) has been decided & reflects as such on the same site. The last mention of any of the original 3 attorneys was back in June & it was about a month prior to the trial transcripts being completed (see below).

06/04/2025	Order Issued Court notes filing by Attorney Uliana of a Supplemental Request for Transcript and refers same to the Court Reporter. Judicial Officer: Gull, Frances -SJ Noticed: Baldwin, Andrew Joseph Noticed: Uliana, Stacy R Noticed: Leeman, Mark Kelly Order Signed: 05/26/2025
06/05/2025	Automated ENotice Issued to Parties Order Issued ---- 6/4/2025: Andrew Joseph Baldwin; Mark Kelly Leeman; Stacy R Uliana
07/02/2025	Notice of Completion of Transcript Filed
09/04/2025	Motion Filed Motion for Authorization of Funds for Attorney-Client Visit Filed By: Allen, Richard M. File Stamp: 09/03/2025
09/08/2025	Order Issued Order Authorizing Reasonable Expenses for Travel entered, per form. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Luttrull, James David JR Noticed: Diener, Stacey Lynn Noticed: Uliana, Stacy R Noticed: Leeman, Mark Kelly Order Signed: 09/08/2025
09/09/2025	Automated ENotice Issued to Parties Order Issued ---- 9/8/2025: Nicholas Charles McLeland; Stacey Lynn Diener; James David Luttrull; Mark Kelly Leeman; Stacy R Uliana

After the transcript, their names are never shown again regarding the murder case. Their names have not appeared on the appeal case at all up to this point.

ETA - all mycase table entries after the notice of completion of transcript entry; bolded & colored Baldwin’s name in red for clarity.

BBM for focus

"Allen, convicted in December 2024 following a month-long trial, now faces a renewed legal battle. In a related development, Jennifer Auger, one of his trial attorneys, filed a motion to reconsider the denial of a prior motion to correct errors. This new filing raises significant questions about the prosecution’s timeline and whether potentially exculpatory evidence was withheld during Allen’s trial.

A major focus of the appeal is the timeline presented by the prosecution, which heavily relied on the testimony of Brad Weber, a witness for the state. Weber testified that he returned home around 2:30 p.m. on February 13, 2017. This testimony was pivotal, as it aligned with the prosecution’s argument that Liberty German’s phone stopped moving after 2:32 p.m. and with Allen’s alleged confession about being “spooked” by a van believed to be Weber’s. Allen reportedly stated this led to his decision to force the girls across the creek, where their bodies were later discovered."

Richard Allen Appeals Conviction, Citing Timeline Discrepancies and Evidence Concerns - Carroll County Comet

Less than three months after being sentenced to 130 years in prison for the 2017 murders of Liberty German and Abigail Williams, Richard Allen has launched an appeal in Carroll Circuit Court. Represented by attorneys Mark Leeman of Leeman Law in Logansport and Stacy Uliana of Uliana Law in...

www.carrollcountycomet.com

 

[Megnut]

BBM for focus

"Allen, convicted in December 2024 following a month-long trial, now faces a renewed legal battle. In a related development, Jennifer Auger, one of his trial attorneys, filed a motion to reconsider the denial of a prior motion to correct errors. This new filing raises significant questions about the prosecution’s timeline and whether potentially exculpatory evidence was withheld during Allen’s trial.

A major focus of the appeal is the timeline presented by the prosecution, which heavily relied on the testimony of Brad Weber, a witness for the state. Weber testified that he returned home around 2:30 p.m. on February 13, 2017. This testimony was pivotal, as it aligned with the prosecution’s argument that Liberty German’s phone stopped moving after 2:32 p.m. and with Allen’s alleged confession about being “spooked” by a van believed to be Weber’s. Allen reportedly stated this led to his decision to force the girls across the creek, where their bodies were later discovered."

Richard Allen Appeals Conviction, Citing Timeline Discrepancies and Evidence Concerns - Carroll County Comet

Less than three months after being sentenced to 130 years in prison for the 2017 murders of Liberty German and Abigail Williams, Richard Allen has launched an appeal in Carroll Circuit Court. Represented by attorneys Mark Leeman of Leeman Law in Logansport and Stacy Uliana of Uliana Law in...

www.carrollcountycomet.com

Such a tiresome argument from his defense team. It wasn't an element of the crime -- that the jury needed to find him guilty of being spooked and forcing the girls across the creek when he heard the van. The element of the crime.is something more like "on or about February 13, Richard Allen did cause the deaths...." Toward this end, the jury weighs testimony and evidence. Rick did not testify so who knows if he was lying or telling the truth about when he heard the van in relation to what he was doing and when or why he forced the creek crossing.

What IS significant is that Ricky witnessed BW's van and puts himself down below the MHB. We have been saying for years that Ricky put himself on the bridge and no one could get him off, but he actually gets himself off the bridge and puts himself under the bridge at the very time one of two little girls dies a top the other little girl's phone, a phone which never again moves.

I don't even know that the Defense's assertion is correct (that BW drove by at 2:44 -- or that it was his only pass) but I don't see how it reverses a verdict!

The facts remain.

Ricky was on the bridge. With the victims. He ordered them down the hill at gunpoint. 2:13-2:14pm
He forced them to undress.
At some point he heard BW's arrive.
At some point he forced the girls across the creek.
Both girls sustained vicious injuries which resulted in deaths that weren't immediate.
Libby's phone stopped moving at 2:32, was found under Abby.

The Defense motion, even if verifiable, changes nothing.

JMO

 

[INfisherman]

BBM for focus

"Allen, convicted in December 2024 following a month-long trial, now faces a renewed legal battle. In a related development, Jennifer Auger, one of his trial attorneys, filed a motion to reconsider the denial of a prior motion to correct errors. This new filing raises significant questions about the prosecution’s timeline and whether potentially exculpatory evidence was withheld during Allen’s trial.

A major focus of the appeal is the timeline presented by the prosecution, which heavily relied on the testimony of Brad Weber, a witness for the state. Weber testified that he returned home around 2:30 p.m. on February 13, 2017. This testimony was pivotal, as it aligned with the prosecution’s argument that Liberty German’s phone stopped moving after 2:32 p.m. and with Allen’s alleged confession about being “spooked” by a van believed to be Weber’s. Allen reportedly stated this led to his decision to force the girls across the creek, where their bodies were later discovered."

Richard Allen Appeals Conviction, Citing Timeline Discrepancies and Evidence Concerns - Carroll County Comet

Less than three months after being sentenced to 130 years in prison for the 2017 murders of Liberty German and Abigail Williams, Richard Allen has launched an appeal in Carroll Circuit Court. Represented by attorneys Mark Leeman of Leeman Law in Logansport and Stacy Uliana of Uliana Law in...

www.carrollcountycomet.com

That was this past March & likely has already been ruled on prior to the case being marked as decided. JG denied a bunch of their post trial motions without any hearings. Unfortunately, it’s difficult to tell which of her denials match up with the motions filed by the defense. I seriously doubt the appeal would be in process if there were still motions from the defense still lingering for the murder case/cause number.

Since I cannot access the actual physical motions & orders for free, all I can see is the table from the mycase site:

03/11/2025​	Motion to Reconsider Motion to Reconsider Filed By: Allen, Richard M. File Stamp: 03/11/2025
03/12/2025​	Appearance Filed Limited Appearance of Jennifer Auger For Party: Allen, Richard M. File Stamp: 03/11/2025

Skipping down past a bunch of motions requesting release of exhibits, we next have this:

03/13/2025

Order Issued Court takes no action on defendant's Motion to Reconsider Denial of Motion to Correct Error, filed March 11, 2025 at 4:03 p.m., as the Notice of Appeal was filed with the Indiana Court of Appeals Clerk of the Court on March 11, 2025 at 2:19 p.m. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Baldwin, Andrew Joseph Noticed: James David JR Noticed: Diener, Stacey Lynn Noticed: Auger, Jennifer Jones Noticed: Uliana, Stacy R Noticed: Leeman, Mark Kelly Order Signed: 03/13/2025

Not a lawyer but I believe that’s all been ruled upon.