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

[zh0r4]

Not that. The last sentence of the 1st paragraph on P. 2 of Exhibit I. (Page 192)

Record of Proceedings.pdf

drive.google.com

I also found it odd he said “One self-inflicted gunshot wound.” JMO

 

[zh0r4]

McLeland mentioned RF's occupation?

Yes he worked on an Air Force Base and they went to his work to question him.

 

[sunshineray]

I also found it odd he said “One self-inflicted gunshot wound.” JMO

Why?

 

[Emma Peel]

"a third-party’s unauthorized photographing of crime scene evidence, which neither attorney had knowledge of nor participated in."

I'll wait for the ISP to determine that this is the whole truth. Just these two attorneys saying it's true doesn't necessarily make it so...AJMO

and ... this is why we need the Westerman affidavit.

(I do think Baldwin has been cleared by Westerman; the P wouldn't sit on that potential conflict of interest where Baldwin's under investigation; LE/P would have advised the Court.)

 

[Emma Peel]

These emails back and forth between the attnys and the judge about the discovery of the LEAK are really bothering me.

I mean, I now have Gull's email address and I can just send her an email right now and ask her what she's gonna do tomorrow when Rozzi and Baldwin show up.

(I'll be sure let y'all know what she says.)

jkjkjkjkjkjk

but for realzies, how are they not redacting this personal info?

 

[zh0r4]

Why?

Because if someone committed suicide via gunshot wound, I would expect there to only be 1..

I understand there may be rare situations, but it’s just weird wording. The last sentence is weird also. Perhaps English isn’t his strong suit, or he’s really tired bc it’s 4am?

JMO.

 

[katydid23]

Thanks for putting on another hat for a moment.

IMO - We're seeing an argument develop to answer Defense's non-choices on Oct 19th. Defense didn't appear for hearing in open court b/c they were ambushed and Gull frosted the ambush with "openness" of a TV show for this particular hearing, while keeping so many other records hidden from the public.

IMO Some new things to note:
- the Defense notified the Court of the Leak immediately upon learning about it
- the Prosecution - and not Gull - first demanded the removal of the Defense due to the Leak,
- that RA expressed his confidence in his Attorneys and understood about the Leak and the consequences and still very much wanted to keep his counsel, and
- that Gull's response was a decision to immediately satisfy Prosecution and without a hearing, STOP the Defense from working on RA's case.

Wasn't Gull's quick response because the photos of the dead young girls were now leaked to You-Tube ? And that happened because of Baldwin's incompetence and negligence?

There were apparently other reasons behind her quick response as well, which she offered to keep quiet for the sake of Baldwin's reputation. The judge had a prepared legal statement outlining her reason for demanding his withdrawal from the case. These motions from the defense will bring these statements from Judge G to the forefront.

I think they will answer many of the questions the appellate courts are now wondering about.

 

[LaurelTedytamer]

Justice for Abby and Libby.
A fair trial for RA.

Let’s hope tomorrow RA gets his defense counsel he wants.

The Judge starts having an open record of her decisions. If she needs to reprimand them for any of their actions then so be it recorded so people can see it is fair.

Instead of arguments about court procedure and fair trials … it’s about finding out from evidence if RA is guilty or not guilty.

 

[iamshadow21]

And I thought the Leticia Stauch trial was a disaster.

That was a walk in the park compared to this.

If only we had Judge Werner at the helm, here. Though I wouldn't wish this mess on him.

MOO

 

[sunshineray]

Because if someone committed suicide via gunshot wound, I would expect there to only be 1..

I understand there may be rare situations, but it’s just weird wording. The last sentence is weird also. Perhaps English isn’t his strong suit, or he’s really tired bc it’s 4am?

JMO.

Yeah just because he said self-inflicted single gunshot wound as opposed to self-inflicted gunshot wound...just seems like maybe an OCD being a stickler for exactness thing and yeah it was 3 or 4 am too.

 

[iamshadow21]

Yes, all of it, not just that one email, just shouts Shakespeare's ohhh what a tangled web...BR's lackluster, IMO, reply is very concerning also.

Sir Walter Scott, not Shakespeare. Common mistake, though.

 

[sunshineray]

Justice for Abby and Libby.
A fair trial for RA.

Let’s hope tomorrow RA gets his defense counsel he wants.

The Judge starts having an open record of her decisions. If she needs to reprimand them for any of their actions then so be it recorded so people can see it is fair.

Instead of arguments about court procedure and fair trials … it’s about finding out from evidence if RA is guilty or not guilty.

The defense lawyers he wants but only if they haven't acting with gross negligence on his behalf. That would not serve him or his right to a fair trial. It would also not serve the victim's rights, via the prosecution, to the same thing. AJMO

 

[sunshineray]

Sir Walter Scott, not Shakespeare. Common mistake, though.

Sooo sorrry

 

[iamshadow21]

Sooo sorrry

I used to think it was Shakespeare, too. I only found out it wasn't recently! And it's the name of one of my favourite books.

This whole situation is such a mess, I'll just be happy if at some point there is a trial that results in some kind of unambiguous verdict. Which makes me mad, because this shouldn't be about all this nonsense, it should be about the crime and about the defendant and most of all, about the victims. None of that seems to be getting a look-in, and none of the legal players are going to come out of this looking good.

MOO

 

[Niner]

Okay - this is a long one - will shorten it up a bit now. Just guessing it is a Status hearing...

Tuesday, October 31st:
*Status Hearing (@ 9am ET) - IN – Abigail Joyce Williams (13) & Liberty Rose Lynn German (14) (Missing Feb. 13, 2017, found killed Feb. 14, 2017, after walking on a local hiking trail & were discovered around noon about 50 feet from the north bank of Deer Creek which is about 0.5 miles from the Monon High Bridge Trail, Delphi) – *Richard “Ricky”/”Rick” Matthew Allen (44 @ time of crime/50/now 51) arrested & booked (10/26/22) into the Carroll County Jail & charged & arraigned (10/28/22) with 2 counts of murder while committing or attempting to commit kidnapping of both victims. Plead not guilty. Held without bond. Transferred to White County jail from Carroll County for security reasons. And was transferred (11/2/22) to IN. DOC at Westfield Correctional Facility at a more secure facility. Was awaiting transfer to Westville Correctional Facility but Judge Gull denied move (6/15/23). She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. Judge Gull denied move (7/5/23).
Allen County Judge Frances C. Gull has replaced Judge Benjamin Diener / Carroll County Prosecutor Nicolas McCleland.
Andrew Baldwin & Bradley Rozzi are Allen's public appointed attorneys. Both attorneys withdrawn 10/19/23 (not really though!)
Defense attorneys Robert Scremin & William S. Lebrato as Contract Public Defenders appointed on 10/27/23.
Trial set to begin on 1/8/24 will be cancelled. Jurors will be chosen from Allen County & transported to Carroll County for trial.
Charges, case & court info from 4/19/21 thru 10/12/23 reference post #352 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-168.693204/page-18
10/17/23 Update: “The attorney’s former employee had left Andrew Baldwin’s practice a few years ago & never worked on the Allen case. However, that person took pictures of the documents with a phone & then gave the images to another person, who then sent them out.” Judge Francis Gull, the administrative judge of Allen Superior Court’s Criminal Division who was assigned as a special judge to the Allen case, has ordered both sides into her courtroom in Fort Wayne on Thursday, 10/19/23. Gull’s order, issued last week, says that the hearing will address “other matters which have recently arisen.” Order Issued. The Court has received multiple requests for various legitimate media outlets to record the Court proceedings to be conducted on October 19, 2023, at 2:00 p.m. (These requests are filed in the case with this Order). The Court has determined that allowing recording of the October 19, 2023, hearing is permitted provided that the means of recording will not distract the participants or impair the dignity of the proceedings, and the hearing itself is a non-confidential proceeding. The Court, therefore, authorizes the recording & broadcasting of the hearing set for October 19, 2023. The Court WILL NOT permit photographing or digital streaming of the proceedings. All news media will be required to wear/display identification & to wear appropriate attire. One or two cameras will be authorized for pool coverage of the hearing. Members of the general public are prohibited from broadcasting, recording, or photographing this proceeding. The Court will prohibit media broadcast during this hearing of attorney-client communications, bench conferences & materials on counsel tables & the Court's bench. The Court has the sole discretion to interrupt or stop the coverage, or to limit or terminate the recording & broadcast by a news media organization at any time during the proceeding. The Court requests the media to become familiar with I.C. 34-46-4-1 & the Code of Judicial Conduct, Rule 2.17. Judicial Officer: Gull, Frances. The purpose of the hearing is to discuss the upcoming hearing on 10/31/23 & other matters which have recently arisen.
10/19/23 Update: Affidavit filed by Allen. 10/19/23: Temporary/Limited scope appearance filed by Allen. Memorandum/Brief regarding possible disqualification or sanctions filed by Allen. In Thursday’s filing, Allen argues he has “developed a strong & trusting bond with Mr. Baldwin,” and that removing Baldwin from the case would “greatly prejudice his right to counsel and a timely trial.” Allen also argues Baldwin trusted a friend to respect his office space, and that Baldwin “did nothing wrong. He was snookered & abused.”
10/19/23 Update: Judge Fran Gull says Delphi suspect Allen’s defense attorneys Andrew Baldwin (orally withdrew & granted) & Bradley Rizzo (set to file (10/20/23) a written withdrawal-granted) have withdrawn in Chambers. Baldwin & Rozzi are still under a gag order. The hearing for today went to recess 2-3 minutes after it started. The judge resets another court date on 10/31/23 @ 9am & dismisses the hearing. Trial date to be set since it won't be on 1/8/24. Defense attorneys are ordered to return all Discovery to State. Judge asked them to cooperate with new successor counsel. [see posts 425 & 426 pg 22, #435, 458 & 482 pg 25 on Thread #168]. Baldwin's attorney, David Hennessy, told Fox News Digital that the attorneys did not "quit" the case but "withdrew under coercive circumstances.
10/26/23 Update: Notice issued to Carroll County Sheriff's Dept. Transport order emailed. 10/26/23 Update: Notice to court. Verified Notice of continuing representation by Bradley Rozzi. Motion to disqualify (the Judge). Praecipe for transcript of 10/19/23 hearing. Motion for continuance (10/31/23 hearing) all filed by Allen thru attorney Bradley Rozzi.
10/26/23 Update: Order Issued. Court notes the following pleadings which may be resolved without further argument or hearing: 1. Defendant's Motion for Broadcasting Order is overbroad. The Court will consider broadcast requests by the media (after notice to the Defense and the State) on a hearing-by-hearing basis. Therefore, the Motion for Broadcasting Order is denied. 2. Defendant's Motion to Quash Subpoenas (requested by the State for defendant's medical & mental health records) is granted as the State is not entitled to such records. 3. Defendant's Verified Motion for Immediate Transfer of Custody is denied based upon the State's Response & attached Affidavits. The Defense multiple Motions for a Franks Hearing remain unresolved as the Court is still reviewing the thousands of pages of exhibits attached to the Motions, as well as the multiple hours of digital evidence submitted by counsel. The Court will continue to review same. Defendant's Motion to Suppress & Supplemental Motions to Suppress, as well as the State's Responses, will be set for hearing upon resolution of the defense Franks Motions. Prior to the scheduled hearing this date, Attorneys Rozzi & Baldwin advise the Court they will be withdrawing their representation of the defendant. Court accepts their representations & orders them withdrawn from the cause. Counsel ordered to comply with the previously entered Protective Order on Discovery & are ordered to turn the discovery over in full to the State of Indiana to be made available to successor counsel. Court requests their cooperation with successor counsel in the best interests of their former client, but is not requiring them to cooperate. Court will maintain the hearing currently scheduled for October 31, 2023, at 9am in the Carroll Circuit Court for successor counsel to appear. Clerk of the Carroll Circuit Court ordered to remove Attorneys Baldwin & Rozzi as attorneys of record in this cause. Judge Frances Gull.
10/27/23 Update: Order Issued. Court notes filings by former Attorney Rozzi on 10/25/23 & 10/26/23 & takes no action. Attorney Rozzi withdrew from this matter on 10/19/23 & 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 & the Chronological Case Summary as being filed in error. Noticed: McLeland, Nicholas Charles. Noticed: Allen, Richard M. Order Signed: 10/27/23.
10/27/23 Update: Order Issued. The Court has received requests for media coverage of the 10/31/23 hearing from the following media outlets: NewsNation, Law & Crime, Court TV, and Channel 13 WTHR. In light of the unauthorized filming & broadcasting of pre-hearing activities in the Courtroom on 10/19/23, the Court denies these requests in full. Noticed: McLeland, Nicholas Charles. Noticed: Allen, Richard M. Order Signed: 10/27/23.
10/27/23 Update: Order Issued. Defendant remains entitled to Court-appointed counsel. Court appoints Attorney Robert Scremin & Attorney William S. Lebrato as Contract Public Defenders to represent the defendant. Counsel ordered to enter their appearances as Public Defenders on behalf of the Defendant. Judicial Officer: Gull, Frances. Noticed: McLeland, Nicholas Charles. Noticed: Allen, Richard M. Order Signed: 10/27/23.
10/27/23 Update: Motion to Reconsider filed by Allen (re Andrew Baldwin). Praecipe for transcript filed by Allen. Notice of Appearance filed for Allen.
10/30/23 Update: An interlocutory appeal has been made today to the Supreme Court of IN for a writ of mandamus. State of Indiana ex rel. Richard M. Allen, et al. v. Carroll Circuit Court, et al. Supreme Court Case #235-OR-00302. Petition for Writ of Mandamus & Prohibit (Original Action) filed by Margaret Lee Smith, Cara Schaefer Wieneke & Jessie A. Cook for Allen. Brief-Relator. Certificate of Service filed by Margaret Smith, Cara Wieneke & Jessie Cook for Allen.
10/30/23 Update: Loretta H Rush, Chief Justice SCOIN 10/30/2023 2:11PM ORDER:
“The Relator, Richard Allen, by counsel, has filed a verified petition for a writ of mandamus and prohibition, seeking relief under the rules governing original actions. Any briefs opposing issuance of the writ or any supplemental records must be filed directly with the Clerk of the Supreme Court on or before Thursday, November 9, 2023. Any supplemental record must be submitted in the same format required for the record under Original Action Rule 3(C) and (G). Once briefing is completed, the Court will take the matter under advisement.
10/30/23 Update: “Attorney Baldwin enters his appearance as Mr. Allen's privately contracted lawyer. Attorney Baldwin acknowledges his prior representation of Mr. Allen as his contracted Public Defender and reaffirms that he (Attorney Baldwin) did not and has not, voluntarily withdrawn from Mr. Allen's case in said capacity. The filing of this appearance is intended to convert Attorney Baldwin's status as Mr. Allen's Public Defender to Mr. Allen's private counsel, wherein Attorney Baldwin will move forward with said representation on a pro bono basis, in the event that he is not reinstated as Mr. Allen's Public Defender. With well over 1,000 hours of time spent reviewing evidence, analyzing evidence and preparing Mr. Allen's case for trial, and with the desire to have the Court hear suppression evidence, and the desire to get this case in front of a jury as soon as possible in order to honor Mr. Allen's Fourth, Fifth and Sixth Amendment Rights, Attorney Baldwin enters his appearance.” Bradley Rozzi also filed same Pro Bono Appearance form. Rozzi & Baldwin are expected to attend tomorrow’s hearing, 10/31/23 at 9am, along with the two new attorneys that were appointed to the case.

 

[Sillybilly]

This thread is closed for cleanup of unsourced documents.

Check back late tonight or in the morning.

 

[Sillybilly]

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[mrjitty]

I don't disagree. But it's definitely an even clearer 6th amendment issue if Gull's denying Allen the private attorneys of his choice.

I wonder if she'll even grant them leave to appear tomorrow?

Seems farcical to me. If he now has 2 private attorneys, why does he need the court appointed one paid for by the tax payer?

 

[steeltowngirl]

I also found it odd he said “One self-inflicted gunshot wound.” JMO

Even weirder to me is the later sentence “this is getting serious and way out of control gentlemen.”

A man took his own life. The situation had definitely passed the “getting serious” point. More like critical, and deadly.

Record of Proceedings.pdf

drive.google.com

jmo

 

[FrostedGlass]

A new filing:

10/30/2023

Appearance Filed appearance For Party: State of Indiana File Stamp: 10/30/2023

Is it this guy who was seated with McL at the other non-hearing?

State Plaintiff	State of Indiana
	Attorney Nicholas Charles McLeland #2830008, Lead Attorney address 101 W. Main St. Suite 204 Delphi, IN 46923 Attorney phone 765-564-4514(W) Attorney James David Luttrull Jr. #1001827 Attorney address 101 E 4th ST RM 107 Marion, IN 46952