IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #169

[MistyWaters]

Hennessey filed an appearance; wondering if he's still on the docket?

(Upthread someone posted a quote from him ... where he said he was going to file yet another motion today.)

moo

Yes indeed that’s probably the answer.

 

[FrostedGlass]

Surely he can't be expected to handle two murder trials at the same time?

He's listed as the atty for this case; it's only a month old.
02D05-2309-MR-000021

I don't know how Allen Co.'s judges are assigned to rooms. I believe JG's is Superior Ct. 5.

 

[zh0r4]

Nope, this has no bearing on Lebrato defending RA whatever. Let’s not start more rumours please.

You left off the rest of the sentence which reads - “he refrain from any retaliation against any public defender or staff member who participated in our investigation,” . (ie investigation which led to his suspension)

Allen County’s chief public defender reinstated after weeks long suspension

Lebrato has been the chief public defender since January, 2020.

www.wane.com

Not that it really matters, but in the article I linked, the exact quote was:

“In 2022, WANE reported that Lebrato was suspended for two-three weeks in February for an unknown reason. He was later reinstated under condition he “refrain from any retaliation.”

 

[Emma Peel]

They are listed officially now. Also, she now has 2 entries about RA's xD; here's the first one, then the second which has 2 dates

10/27/2023

Order Issued Court notes filings by former Attorney Rozzi on October 25, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error. Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023

10/27/2023

Order Issued Court notes filings by former Attorney Rozzi on October 25 and 26, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023

Rozzi's 2 latest motions appear after the above entry.

Parties to the Case​

Hide all party details

	Defendant	Allen, Richard M.
	Attorney Robert Cliff Scremin #3109902, Lead, Court Appointed Attorney address 116 E Berry ST STE 1200 Fort Wayne, IN 46802 Attorney phone 260-494-0606(W) Attorney William Santino Lebrato #2170702, Court Appointed Attorney address 116 E Berry ST STE 500 Fort Wayne, IN 46802

Gull has ORDERed:

DOCKET CLEAN-UP ON AISLE RICHARD ALLEN:

1. "Rozzi withdrew on the 19th and these 30-some pages of motions filed the 25th/26th ranting at me are simply ... filing errors."

2. "Rozzi gone, I toldja. Gone."

3. And 2 new defenders enter the game, welcome gents, and remember ... I know where you live.

 

[FrostedGlass]

One more new filing, beginning with the last order to remove the x-D's pleadings

10/27/2023	Order Issued Court notes filings by former Attorney Rozzi on October 25 and 26, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error. Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Allen, Richard M. Order Signed: 10/27/2023
10/27/2023	Motion to Reconsider Motion to Reconsider Filed By: Allen, Richard M. File Stamp: 10/27/2023
10/27/2023	Praecipe for Transcript Filed Praecipe Filed By: Allen, Richard M. File Stamp: 10/27/2023
10/27/2023	Appearance Filed Notice of Appearance For Party: Allen, Richard M. File Stamp: 10/27/2023
10/31/2023	Hearing Session: 10/31/2023 9:00 AM, Judicial Officer: Gull, Frances -SJ

 

[Emma Peel]

Nope, this has no bearing on Lebrato defending RA whatever. Let’s not start more rumours please.

You left off the rest of the sentence which reads - “he refrain from any retaliation against any public defender or staff member who participated in our investigation,” . (ie investigation which led to his suspension)

Allen County’s chief public defender reinstated after weeks long suspension

Lebrato has been the chief public defender since January, 2020.

www.wane.com

I expect it will become relevant ... when he becomes a threat to the prosecution.

 

[Tealgrove]

I expect it will become relevant ... when he becomes a threat to the prosecution.

What the what? This is the best they can do?

Honestly, what is going on in Indiana?

SMH

 

[Emma Peel]

oops hang on.

Just remembered Gull is Judge in Allen County and ... yup ... attorneys are from same county as Judge Gull.

They all know each other, New D and Gull.

Good? Bad? Total Co-inki-dink? Who cares?

She calls them and ... whether they're circus fans or not what can they say? "Thank you, your Honor."

 

[twall]

What the what? This is the best they can do?

Honestly, what is going on in Indiana?

SMH

Good ol' boys (and girls) club. JMO

 

[twall]

He's listed as the atty for this case; it's only a month old.
02D05-2309-MR-000021

I don't know how Allen Co.'s judges are assigned to rooms. I believe JG's is Superior Ct. 5.

He will probably plea. JMO. According to this article he admitted it twice.

COURT DOCS: Suspect said he was angry, high on meth when he shot partner

Newly released court documents in Tuesday’s shooting show the suspect shot his partner following an argument.

www.21alivenews.com

The last case I can recall off the top of my head beside the one I posted earlier that Scremin was D on was Mathew Cramer. Ugh, it was awful, involves dismemberment.

 

[FrostedGlass]

He will probably plea. JMO. According to this article he admitted it twice.

COURT DOCS: Suspect said he was angry, high on meth when he shot partner

Newly released court documents in Tuesday’s shooting show the suspect shot his partner following an argument.

www.21alivenews.com

The last case I can recall off the top of my head beside the one I posted earlier that Scremin was D on was Mathew Cramer. Ugh, it was awful, involves dismemberment.

I couldn't remember where that Cramer case came from. Thanks for the reminder. That one led me to the William Gibson case and that one was even more horrid.

 

[MistyWaters]

I expect it will become relevant ... when he becomes a threat to the prosecution.

It’s probably a standard blurb. If not it’s something contagious amongst Indiana defense attorneys considering the retaliatory verbal swipes against the Judge that R has been engaging in.

 

[zh0r4]

oops hang on.

Just remembered Gull is Judge in Allen County and ... yup ... attorneys are from same county as Judge Gull.

They all know each other, New D and Gull.

Good? Bad? Total Co-inki-dink? Who cares?

She calls them and ... whether they're circus fans or not what can they say? "Thank you, your Honor."

Well this is weird. JMO

Both of the new defense attorneys are paid by Allen County bc they have jobs with Allen County. Lebrato is chief of the public defenders office in Allen County (link below). Scremin appears to only try level 1-5 felonies (not murder). Are either of them Death Penalty qualified? Link below to Indiana Public Defender Commission.

Judge Gull is also “administrative judge” over Allen County criminal courts. Does this mean she also oversees the public defenders office?

Allen County Public Defender's Office - Team

Capital (Death Penalty) Attorney Roster

 

[MistyWaters]

Well this is weird. JMO

Both of the new defense attorneys are paid by Allen County bc they have jobs with Allen County. Lebrato is chief of the public defenders office in Allen County (link below). Scremin appears to only try level 1-5 felonies (not murder). Are either of them Death Penalty qualified? Link below to Indiana Public Defender Commission.

Judge Gull is also “administrative judge” over Allen County criminal courts. Does this mean she also oversees the public defenders office?

Allen County Public Defender's Office - Team

Capital (Death Penalty) Attorney Roster

I don’t think the defense is paid by their county.

Defense team chosen in Delphi murders case; judge issues decorum order for next hearing

ALLEN COUNTY, Ind. — Two attorneys have been appointed to defend Richard Allen on two counts of murder in the killings of Abby Williams and Libby German outside of Delphi in 2017. On Friday, the Ca…

www.tristatehomepage.com

“On Friday, the Carroll County court system appointed Attorney Robert Scremin and Attorney William S. Lebrato as contract public defenders in Allen’s case.”

ETA

Attorneys: Resignation of Richard Allen’s defense team could result in yearlong delay in Delphi murders trial

The trial is now on hold after special judge Frances Gull announced public defenders Bradley Rozzi and Andrew Baldwin stepped away from the case.

www.wthr.com

“Some Indiana counties have a public defender agency or special board that appoints public defenders for indigent defendants. That is not the case in Carroll County, where Allen is facing two murder charges. Because Carroll County relies on judicial appointment when assigning a public defender, Gull will have sole discretion in determining who will become Allen’s new defense counsel.

Carroll County is also a member of the Indiana Public Defender Commission, which means any public defender appointed to Allen must have extensive legal experience. The commission requires that its member counties hire attorneys for murder cases who have at least three years of criminal litigation experience and who have served as lead defense counsel in at least three jury trials that were tried to completion. In exchange for meeting the commission standards, member counties qualify for partial reimbursement for their public defender fees.”

 

[zh0r4]

I don’t think the defense is paid by their county.

Defense team chosen in Delphi murders case; judge issues decorum order for next hearing

ALLEN COUNTY, Ind. — Two attorneys have been appointed to defend Richard Allen on two counts of murder in the killings of Abby Williams and Libby German outside of Delphi in 2017. On Friday, the Ca…

www.tristatehomepage.com

“On Friday, the Carroll County court system appointed Attorney Robert Scremin and Attorney William S. Lebrato as contract public defenders in Allen’s case.”

Yes this means Judge Gull appointed them at “contract” public defenders. I.e., they will be employed by Carroll County by the hour and collect their salary from Allen County in addition.

From my understanding, that means she contracted them through Carroll County instead of the Indiana Public Defenders Commission. If this is true the only way she can do this is with Carroll County’s approval which wouldn’t be typical.

JMO.

 

[Emma Peel]

It’s probably a standard blurb. If not it’s something contagious amongst Indiana defense attorneys considering the retaliatory verbal swipes against the Judge that R has been engaging in.

Yes, it's also probably a standard probation and referral to clinical psych.

 

[StarryStarryNight]

Well this is weird. JMO

Both of the new defense attorneys are paid by Allen County bc they have jobs with Allen County. Lebrato is chief of the public defenders office in Allen County (link below). Scremin appears to only try level 1-5 felonies (not murder). Are either of them Death Penalty qualified? Link below to Indiana Public Defender Commission.

Judge Gull is also “administrative judge” over Allen County criminal courts. Does this mean she also oversees the public defenders office?

Allen County Public Defender's Office - Team

Capital (Death Penalty) Attorney Roster

It says here he represents people accused of murder.

Attorney | Robert Scremin Law Office | Fort Wayne

Looking for a criminal defense attorney? Contact Robert Scremin for a free legal consultation. With years of experience, he can provide expert advice and representation for your case.

www.robertscreminlaw.com

 

[MistyWaters]

Yes this means Judge Gull appointed them at “contract” public defenders. I.e., they will be employed by Carroll County by the hour and collect their salary from Allen County in addition.

From my understanding, that means she contracted them through Carroll County instead of the Indiana Public Defenders Commission. If this is true the only way she can do this is with Carroll County’s approval which wouldn’t be typical.

JMO.

Read back, I added another link to my post.

“Carroll County is also a member of the Indiana Public Defender Commission, which means any public defender appointed to Allen must have extensive legal experience.“

 

[Emma Peel]

Not that it really matters, but in the article I linked, the exact quote was:

“In 2022, WANE reported that Lebrato was suspended for two-three weeks in February for an unknown reason. He was later reinstated under condition he “refrain from any retaliation.”

I have speculated that:
Quite exasperated by previous D's escapades, the Court hires new D counsel fresh off a disciplinary action, convincing herself he'll likely behave. For a year, anyway.

 

[MistyWaters]

Well this is weird. JMO

Both of the new defense attorneys are paid by Allen County bc they have jobs with Allen County. Lebrato is chief of the public defenders office in Allen County (link below). Scremin appears to only try level 1-5 felonies (not murder). Are either of them Death Penalty qualified? Link below to Indiana Public Defender Commission.

Judge Gull is also “administrative judge” over Allen County criminal courts. Does this mean she also oversees the public defenders office?

Allen County Public Defender's Office - Team

Capital (Death Penalty) Attorney Roster

According to your link, the public defenders office is run by a board. Are you expecting to find a conflict of interest between the Judge and RA’s new defense?