Found Deceased IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #157

[Quim The Extraordinaire]

Probably filed by Prosecutor due to Defense public statements

https://twitter.com/x/status/1595460636720480259

JMO
A news release from the prosecutor who is requesting a gag order?
JMO

 

[Yemelyan]

I think at this point, everyone (the lawyers, the judges, RA) is pretty much saying everything we'd expect them to say at this point.
The suspect will claim to be innocent.
The defense is going to blow off whatever the prosecution has, and they'll declare their client innocent.
The prosecution is going to insist they dotted all t's and crossed all eyes and that the defense's client is guilty as charged.
Meanwhile, the judge will take some time on tricksy decisions with releasing documents to the public and how/if/why that may or may not affect the integrity of the trial.
Wife/family will stand by him. For now.
I'm really not at all surprised by what anyone is saying right now.
Except the part that RA may not have acted alone. That does concern me.

jmo

I agree with this. I'm not going to wring my hands too much yet over what the defense is saying at this point and I'm not going to jump to the conclusion that there's anything flimsy about the evidence. In time we may find out the case is weak but for now I'll reserve judgment. Right now everything is proceeding like you'd expect if RA's attorneys were planning a vigorous defense. Which we should honestly hope he'll get, so that if he is responsible any verdict to that effect will eventually stand.

I watched what the defense attorney said when he answered questions from the press and it's my opinion (as someone who isn't a lawyer, so take it for what it's worth) that he's using a strategy and using it well. He said about three times that he doesn't actually know much yet about the evidence in this case and that he will need to see everything in the discovery phase, which hasn't happened yet. Asking for a bail hearing at this point could be one way of getting a little more info about the case that the prosecution is building. Saying he's not impressed with the probable cause affidavit is a bit disingenuous because the purpose of the PCA is not to lay out every single bit of evidence that exists. It supports the arrest warrant for a single individual so, to my thinking, why would it necessarily lay out all the evidence against others who were possibly involved (even if investigators strongly believed that to be the case)?

I have more thoughts about it but, as I said, I'm not a lawyer so it's not my place to analyze legal strategies. But I am pretty sure we are seeing some intense ones in action.

 

[Kudzuu]

Wow he really is short! Stocky short guys britches are often bunched up over their shoes/boots. A clue I totally missed.

 

[mickey2942]

Why is this getting a "Richard Jewell" vibe to me?

Richard Jewell - Wikipedia

en.wikipedia.org

 

[LammyTheRobot]

Probably filed by Prosecutor due to Defense public statements

https://twitter.com/x/status/1595460636720480259

Yeahh especially after asking the Judge to ban even him from saying stuff like this, bit weird. This guy is not handling the media or the narrative well at all. It’s farcical IMO.

 

[AC4RD]

Interesting idea…. I wonder if that would raise 5th Amdmt issues compelling him to give testimony against himself !

(didn't multi-quote but the issue was requiring RA to grow out his hair to compare with a sketch)

The self-incrimination idea sounds like a valid point. But consider: fingerprints and DNA swabs have both been required of accused criminals without successful legal challenge, right? I'm not sure what the legal basis of that is, but there's no doubt that it's true. It strikes me that the "Prisoner 24601, you must grow out your hair!" idea might come under that category of physical evidence.

I'm not saying they could DO it, I can't imagine how you could enforce it against homebrew haircuts, and a resemblance--if the prosecution could claim it--based on those sketches would be IMO eaten alive by a defense attorney. The sketches aren't much actual evidence IMO; trying to make a suspect look like one sounds to me like a lot of work that would not be beneficial to the prosecution in the first place. MHO. Moo.

 

[EllaMinnowP]

I think at this point, everyone (the lawyers, the judges, RA) is pretty much saying everything we'd expect them to say at this point.
The suspect will claim to be innocent.
The defense is going to blow off whatever the prosecution has, and they'll declare their client innocent.
The prosecution is going to insist they dotted all t's and crossed all eyes and that the defense's client is guilty as charged.
Meanwhile, the judge will take some time on tricksy decisions with releasing documents to the public and how/if/why that may or may not affect the integrity of the trial.
Wife/family will stand by him. For now.
I'm really not at all surprised by what anyone is saying right now.
Except the part that RA may not have acted alone. That does concern me.

jmo

Have you seen the note from prosecution just posted upthread yet? Surely no one was expecting language like that at this point?!
imo
Edited out an irrelevant quote from earlier

 

[cheetostock]

Why is this getting a "Richard Jewell" vibe to me?

Richard Jewell - Wikipedia

en.wikipedia.org

I was glad to see your comment because I was coming to ask if I was alone in beginning to wonder if they have a strong case against RA.

 

[OverTheRhine]

Why is this getting a "Richard Jewell" vibe to me?

Richard Jewell - Wikipedia

en.wikipedia.org

I don't know what they have in common. We have no idea whatsoever why RA was searched and then arrested. That seems like an illogical leap to me based on very little evidence other than a defense attorney doing what all defense attorney's do.

 

[Dutch77]

Wow he really is short! Stocky short guys britches are often bunched up over their shoes/boots. A clue I totally missed.

I think the shortness contributed to the hiding in plain sight.

 

[Algo214]

I see nothing wrong, contradictory, or anything like that with the press release, it sticks to saying what any prosecutor would say "our case is strong" plus some of what we already know "we want it sealed and gagged"

JMO

 

[LammyTheRobot]

McLeland asks for PCA to remain sealed, then asks for desperate gag in case it’s unsealed, then posts a press release saying “even if it’s unsealed I still believe RA’s guilty anyway”, almost priming us for the weakness of it, with the gag motion as a backup, so relevant parties can’t go to the press and say “See? Nothing there.”

Small-town American DA justice strikes again. Does this guy want to be governor of IN or something?

 

[Prime8]

Have you seen the note from prosecution just posted upthread yet? Surely no one was expecting language like that at this point?!
imo
Edited out an irrelevant quote from earlier

Honestly, I think it's a totally normal statement to make. The only abnormal thing is it came out 24 hours too late. They really are making themselves look like they are out of their depth.

 

[mickey2942]

I don't know what they have in common. We have no idea whatsoever why RA was searched and then arrested. That seems like an illogical leap to me based on very little evidence other than a defense attorney doing what all defense attorney's do.

There has been literally no evidence released regarding the "why" of his arrest. I would just like to see a bit of how this discovery has been made after this long.

 

[EllaMinnowP]

View attachment 382148

I think at this point, everyone (the lawyers, the judges, RA) is pretty much saying everything we'd expect them to say at this point.
The suspect will claim to be innocent.
The defense is going to blow off whatever the prosecution has, and they'll declare their client innocent.
The prosecution is going to insist they dotted all t's and crossed all eyes and that the defense's client is guilty as charged.
Meanwhile, the judge will take some time on tricksy decisions with releasing documents to the public and how/if/why that may or may not affect the integrity of the trial.
Wife/family will stand by him. For now.
I'm really not at all surprised by what anyone is saying right now.
Except the part that RA may not have acted alone. That does concern me.

jmo

We strongly believe RA’s “involved in the murder of Libby and Abby” statement misses the mark for dotted i(s) and crossed t(s) in my opinion.
I’m fairly new to posting on WS, but I’ve watched many cases on here so i just wanted to add that my quoting and asking questions of you is done very respectfully. I am genuinely interested in your take.

 

[AC4RD]

We strongly believe RA’s “involved in the murder of Libby and Abby” statement misses the mark for dotted i(s) and crossed t(s) in my opinion.
I’m fairly new to posting on WS, but I’ve watched many cases on here so i just wanted to add that my quoting and asking questions of you is done very respectfully. I am genuinely interested in your take.

Just MHO, but I feel strongly that RA would NOT have been arrested after all this time, unless the evidence against him was substantial. Arresting someone who turned out not to be guilty would be a nightmare for everybody involved, IMO.

That doesn't mean, of course, that he will be found guilty in the end--there are no guarantees on what a jury will do. (Right, O.J.?) But I don't think the state would have proceeded with an arrest without solid evidence; MOO.

I think almost all of us are very interested in learning what that evidence IS, of course. But we will find out in due course, right?

 

[M. Kay]

The sketches aren't much actual evidence IMO; trying to make a suspect look like one sounds to me like a lot of work that would not be beneficial to the prosecution in the first place. MHO. Moo.

Sketches a focal point for so long, were probably "sketchy" at the time when some in the park area had no idea how "momentous" a most casual glimpse would become. Trusting Libby's video--with closeup revealing facial hair color, etc.;-- that he never dreamed we'd all see. (Not that Bridge Guy is the only guy in my scenario, but that's another discussion.)

 

[Chelly]

Judge issues gag order to all parties connected to case and rules to keep PCA sealed. Prosecutor and LE want PCA to remain sealed. Defense attorneys and MSM media attorneys may file motions to have the PCA unsealed. If it is released at some point, it probably will be heavily redacted.

I'm beginning to think we won't learn anything new until trial. And, since defense attorney strategy is usually to delay, delay, delay, I have a feeling trial date will continue to be rescheduled way into the future.

 

[TL4S]

The ISP, US Marshals, Carroll County Sheriff, and Carroll County Prosecutor's Office all stood up at that Oct. 31 press conference. The FBI was missing, but I'm not going to get too paranoid about that at this point. I guess I am hopeful that between all these agencies, a strong case would be built before anyone was allowed to jump at an arrest.

A judge signed off on the probable cause, and a judge signed off on sealing that probable cause. At least one of the ISP investigators, JH, supports keeping it sealed. Whatever comes next is what it is, but there just seems to be too many investigators involved to allow anyone to move ahead on weak evidence. JMO...and maybe I'm being idealistic.

 

[Chelly]

There has been literally no evidence released regarding the "why" of his arrest. I would just like to see a bit of how this discovery has been made after this long.

The "why" of his arrest is contained in the probable cause affidavit. The judge has ruled that it will remain sealed. We are all chomping at the bit to see this evidence, but LE and prosecutor don't want anything released to public and media.