IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #170

[mrjitty]

IMO there is now a significant issue, that through no fault of his own, the accused has to spend an extra year in jail awaiting trial. That feels Kafka to me

I hope his new attorneys act on that point.

 

[FrostedGlass]

Here are links to the other 2 main docs we have:

Memorandum in support of Motion 9/18/2023 (136 pgs) Odin and SW

DELPHI: Memorandum in Support of Motion PDF | PDF | Prosecutor | Police

DELPHI: Memorandum in Support of Motion.pdf

www.scribd.com

*******************
Record of Proceedings 10/30/2023 (240 pgs)
Dates, Motions and Page Numbers; Zip Drive of Doc Dump, CCS

Record of Proceedings.pdf

drive.google.com

Bumping for @Emma Peel

 

[MistyWaters]

Where's Westerman's affidavit? affidavit affidavit affidavit

(nm the echo chamber)

And is it appropriate to file it under State of Indiana v. Richard M. Allen?

 

[StarryStarryNight]

IMO there is now a significant issue, that through no fault of his own, the accused has to spend an extra year in jail awaiting trial. That feels Kafka to me

I hope his new attorneys act on that point.

He can thank his ex-defense attorneys.

 

[Jurisprudence]

I don't think Judge G or the State ever suggested that there wasn't a record made, I knew there would be one made on a decision of this scale. Rozzi and Baldwin withdrew and were not RA's Attorneys of record after the 19th, why would he be entitled to it? Maybe to leak it too?

It should be good audio though considering it was held in the cozy acoustics of the Judge's chambers.

Again, this is another example of this megalomanic Defense trying to push a "woe is us" narrative.

MOO

I think there's a misunderstanding of my use of the term "record". If that's my fault I apologize. When the in-chambers meeting was memorialized a record was made of it, yes. However, that memorialization never became a part of "the (official) record" of the case (unless it has been made a part since the Supreme Court filing). It was never filed or notated on the docket (unless as stated above that has since been corrected). I do not believe JG or the state ever suggested there wasn't a record made because to my knowledge, neither JG nor the state ever acknowledged there was a record/audio recording and/or transcript of that in-chambers meeting made. We learned this (at least I learned of this) only through BR's filing requesting a copy of it. Hope that clears up any confusion on the post. Thanks!

 

[MistyWaters]

IMO there is now a significant issue, that through no fault of his own, the accused has to spend an extra year in jail awaiting trial. That feels Kafka to me

I hope his new attorneys act on that point.

Remember when the defense was pumping it up for the bail hearing that never happened? The initial date for his trial was set for March 2023, then Jan 2024.…and onward to Oct 2024.

June 2023

Delphi murder suspect Richard Allen to appear in court over bail

Richard Allen, 50, from Delphi, Indiana, is accused of killing best friends Libby German, 14, and Abby Williams, 13, while they were hiking through the Delphi Historical Trails in 2017.

www.dailymail.co.uk

“According to News Nation Now, the defense will argue for his release on bail on the basis that the evidence against him is not strong enough to hold him while he awaits trial - which could be several months away.

Thursday's hearing was initially scheduled for February, but was delayed at the request of Allen's attorneys - Bradley Anthony Rozzi and Andrew Joseph Baldwin - due to the dense volume of evidence they have to get through.

For the same reason, the trial, which was originally scheduled for March, could be delayed until 2024.…..”

 

[MistyWaters]

Those are from the JG doc dump. Everything in that one is prior to June 28 or whatever that date is.
The ones I quoted are more recent. She was excluding back then and still doing it in Oct.

Okay thanks. Curious why the Judge would be responsible for recording files in the CCS and not the Clerk of the Court?

ETA: This states it’s the Clerk of the Court who’s responsible for managing court information. I just can’t imagine any Judge being required to complete routine administrative work along with all their other responsibilities.

BBM
“The Clerk of the Circuit and Superior Courts is a county elected official who serves as an officer of the court and the manager of court information.

The Clerk administers the official court records for all trial court cases with jurisdiction in Allen County, prepares the permanent historical records for the courts, processes and issues various documents for court cases, and is responsible for more than $90 million in financial transactions annually….

…The Clerk’s duties related to court case processing are broad but include making entries on the Chronological Case Summary……”

https://allencoclerk.us/

 

[Emma Peel]

I thought Judge Gull ran the hearing very well. Maybe they expected her to lose it and cause a scene after they sat themselves down at the defense table? Didn’t happen. H apparently also tried but was ignored. What has occurred to change things in the last 12 days? When do you plan to turn over discovery? Good open ended questions. Court is adjourned (move along, nothing to see here.)

JMO

From MS:
BR announced himself and his new role as private counsel to RA
G denied RA his choice of private counsel on the record and directly to RA in his presence
H approached bench, read his statement into the record.

Docket monday/tuesday/today:
BR filed appearance and it was accepted. (This time)
AB filed appearance and it was accepted. (This time)
H filed his statement and it was accepted. (This time.)
H filed his temporary appearance withdrawal due to "judicial overreach".
BR /AB filed their appearance withdrawal.

Baby steps.

 

[Emma Peel]

Bumpity Bump @Emma Peel

thank you...
this is a great resource!

just a thought -
I wonder if all your work - the documents for this case - can have it's own main topic thread where only you can change and update ... but other members can use as reference/ read and link only?

Then you wouldn't have to bring it forward to every thread?

 

[mrjitty]

He can thank his ex-defense attorneys.

Agreed but it feels unconstitutional to me.

 

[FrostedGlass]

new filing

11/01/2023

Order Granting Order granting withdrawal of counsel Judicial Officer: Gull, Frances -SJ Noticed: McLeland, Nicholas Charles Noticed: Baldwin, Andrew Joseph Noticed: Rozzi, Bradley Anthony Noticed: Scremin, Robert Cliff Noticed: Lebrato, William Santino Noticed: Luttrull, James David JR Order Signed: 11/01/2023

 

[Emma Peel]

And is it appropriate to file it under State of Indiana v. Richard M. Allen?

D-team filed it so yes. If redactions are necessary, her clerks can post a redacted copy.

 

[FrostedGlass]

thank you...
this is a great resource!

just a thought -
I wonder if all your work - the documents for this case - can have it's own main topic thread where only you can change and update ... but other members can use as reference/ read and link only?

Then you wouldn't have to bring it forward to every thread?

You're welcome. That was just something I did for myself and decided to share.

 

[mrjitty]

Although deadly serious business, as a bit of a legal junkie, i had to laugh at all the internet lawyers who felt Rozzi was playing 9 dimensional chess, only to get strung up by Gull after some increasingly meek submissions (according to MS)

I take more seriously than others the allegation that the defence were wildly irresponsible in the drafting of their Franks memo. For instance, only last week Rozzi claims in writing he never agreed to resign from the case, yet in oral arguments yesterday, he agreed with Gull that he had in fact agreed to withdraw in chambers but as it was unfair he was now trying to do Backsies.

Whatever the procedural flaws, IMO you cannot do that as counsel.

It's beyond to obvious to me that the Odinist stuff is a wild conspiracy, and if you actually had a strong franks case, which would almost certainly collapse the trial, why the hell would you be publishing 100 pages of fan fic?

So yeah - not a fan.

 

[MistyWaters]

From MS:
BR announced himself and his new role as private counsel to RA
G denied RA his choice of private counsel on the record and directly to RA in his presence
H approached bench, read his statement into the record.

Docket monday/tuesday/today:
BR filed appearance and it was accepted. (This time)
AB filed appearance and it was accepted. (This time)
H filed his statement and it was accepted. (This time.)
H filed his temporary appearance withdrawal due to "judicial overreach".
BR /AB filed their appearance withdrawal.

Baby steps.

IMO RA needs to get far, far away from the centre of this power struggle. I hope the new D are able to help him understand why it’s not in his best interest to get caught up in other people’s drama. I wonder if RA had any idea beforehand WHY his ex-D was being accused of gross negligence? Hopefully this hearing helped open his eyes.

 

[Jurisprudence]

From MS:
BR announced himself and his new role as private counsel to RA
G denied RA his choice of private counsel on the record and directly to RA in his presence
H approached bench, read his statement into the record.

Docket monday/tuesday/today:
BR filed appearance and it was accepted. (This time)
AB filed appearance and it was accepted. (This time)
H filed his statement and it was accepted. (This time.)
H filed his temporary appearance withdrawal due to "judicial overreach".
BR /AB filed their appearance withdrawal.

Baby steps.

(This time) is funny (but not funny). This time imo = because there was a writ of mandamus filed and accepted by the Indiana Supreme Court on this very issue.

jmo

 

[Cyber sleuth]

On that topic I’m curious exactly how AB knows he was snookered and betrayed by MW? Did MW have signin access to the office PCs, was the office monitored by CCTV, or he believed it because of the FB private messages? He never said.

Record of Proceedings.pdf
Exhibit I (pga190-193)
Per email dated 10/6 BR gives notices to Judge and NM that a leak has occurred and some crime scene photos and evidence may be leaked to the public. Goes on to mention a local content creator ( RS) has made statements that he has said photos in his possession

Another email from NM to Judge and AB/BR that is dated 10/12 is to inform that per a phone call with AB on 10/8 he was informed that MW had went into the conference room and took photos of the crime scene and evidence sometime in August. In same phone call it was stated that MW forwarded those photographs to RF. This email states that RF died by suicide and NM is notifying the court and the defense.

Also came back to add notice the distancing language on the original email by BR -“leak did not originate from us” “ just wanted to get ahead or it” and “was forwarded to one of our staff members”. All while naming RS therefore putting the heat in his direction.

 

[photographer4]

IMO there is now a significant issue, that through no fault of his own, the accused has to spend an extra year in jail awaiting trial. That feels Kafka to me

I hope his new attorneys act on that point.

This is exactly the part that causes me concern. This is not ok.

 

[mrjitty]

As a side point, I was not impressed by Gull's email comment that podcasters are not protected journalists and covered by 1A

 

[Emma Peel]

The filings that JG is accused of disappearing are these:
Pg 220 Those pleadings include: Franks motion filed 9/18/23, Franks memorandum filed 9/18/23, three affidavits (Warden Galipeau, sgt Jones, sgt Robinson) filed 10/10/23 and the affidavit of the leaker, Mitch Westerman.
Record of Proceedings.pdf

The ones that JG ordered to be removed from the record are still there. Unless there were more on that specific date that she removed, these are the ones I believe she was referring to:

10/26/2023	Notice to Court Filed Verified Notice of Continuing Representation Filed By: Allen, Richard M. File Stamp: 10/25/2023
10/26/2023	Motion Filed Motion to Disqualify Filed By: Allen, Richard M. File Stamp: 10/25/2023
10/26/2023	Praecipe for Transcript Filed Praecipe for Transcript Filed By: Allen, Richard M. File Stamp: 10/25/2023
10/26/2023	Motion for Continuance Filed Motion for Continuance Filed By: Allen, Richard M. File Stamp: 10/26/2023

Looks like the clerk didn't follow the order?
Do you see an order not to follow the previous order? Or a reversal?