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

[MistyWaters]

Are we still playing chess?
Old D can file an emergency appeal, methinks.
And ... they can file to have Gull DQ'd. moo

I just can’t see the Ex-D staying even if Gull is disqualified. If that happens I think they all go and new D stay.

 

[iamshadow21]

Are we still playing chess?
Old D can file an emergency appeal, methinks.
And ... they can file to have Gull DQ'd. moo

I think we're playing Whac A Mole at this point.

MOO

 

[arielilane]

Trial date October 2024.

Trial for Delphi murder suspect Richard Allen pushed back to October 2024

CARROLL COUNTY, Ind. – An evidence leak, legal filings and the removal of the original court-appointed defense team spelled another delay in the Delphi murder case. Attorneys for Richard Allen file…

www.mywabashvalley.com

CARROLL COUNTY, Ind. – An evidence leak, legal filings and the removal of the original court-appointed defense team spelled another delay in the Delphi murder case.

Attorneys for Richard Allen filed a motion for a continuance to delay the proceedings. The trial had been scheduled for January 2024.

Allen’s new attorneys indicated it would be “impossible” to meet the January trial date, given the amount of discovery material they have to review.

The state had no objection to the motion, according to the filing. Special Judge Fran Gull, who’d earlier expressed skepticism at meeting the January date, pushed Allen’s trial back a year, setting a new date of October 2024. The trial is set to take place between Oct. 15 and Nov. 1, 2024.

Edited: include a few paragraphs from the article

 

[MistyWaters]

During the hearing, Allen's former attorneys, Baldwin and Rozzi, were sitting next to him and his newly court appointed public defenders sat behind him.
Baldwin told the judge, " Allen has asked us to represent him."
The state told the judge the state's concern is for Allen to have a fair trial.

'I cannot and will not allow these attorneys to represent you' | Judge disqualifies Richard Allen's former attorneys, sets new trial date

The trial for the suspect in the killings of Libby German and Abby Williams will now take place Oct. 15-31, 2024.

www.wthr.com

“Allen asked us to represent him”

IMO someone independent should inform Allen of the possible consequences of retaining a defense team who could harm his chance of having a fair trial. He’s in no way qualified to make that decision on his own. Does he want to risk spending the rest of his life in jail just because they‘re nice and bring gummy bears for him whenever they visit? (my speculation).

JMO

 

[Emma Peel]

I'm wondering if there is precedent ... if this has ever happened before - w/ a withdrawal of state-paid defense, only to have the same defense return as defendant's private pro-bono defense.

Experts say the privately funded defense is near impossible for the Court to remove.
The public-paid Defense is easy for the Court to remove.
This situation seems inequitable in our system, but it's been this way forever.

Gull and the Old D's might be testing new territory here. JMHO

 

[MistyWaters]

Judge officially removes Richard Allen's attorneys from case

Special Judge Fran Gull officially removed defense attorneys Andrew Baldwin and Brad Rozzi from the Richard Allen double homicide case.

www.wlfi.com

“Judge Gull told Allen, "I have great concerns with your representation."

 

[Emma Peel]

Judge officially removes Richard Allen's attorneys from case

Special Judge Fran Gull officially removed defense attorneys Andrew Baldwin and Brad Rozzi from the Richard Allen double homicide case.

www.wlfi.com

“Judge Gull told Allen, "I have great concerns with your representation."

... and Judge Gull seems very shy about documenting these "great concerns" for the record.

Perhaps she should write it down so the Defendant can read it, and get a 2nd opinion, etc.
The fact that she hasn't documented/recorded her great concerns, leaves her decisions unsupported - and leaves her decisions vulnerable.

I think Gull has one eye on the door. Maybe even a foot. moo

 

[Megnut]

How can a judge deny a defendant pro bono representation?

 

[legalmomma]

https://x.com/angelaganote/status/1719368043233497513?s=20

BREAKING: A new trial date for the man charged with killing Abby Williams and Libby German in Delphi in 2017. Richard Allen leaves court today after learning his trial is moved to October 2024.

 

[Jurisprudence]

I guess this is double down time for JG. "There's a writ now filed in S Ct questioning my integrity so I'm holding firm." Problem for JG though imo, her double down of today also broke with procedure. So I suppose she's doubling down in defense of herself while at the same time, doubling down and shining a light on her questionable conduct, all the while leaving collateral damage of the victims families and the accused in her wake. I'd be curious if she felt emboldened due to a backing by other members of the judiciary.
jmo

 

[MistyWaters]

... and Judge Gull seems very shy about documenting these "great concerns" for the record.

Perhaps she should write it down so the Defendant can read it, and get a 2nd opinion, etc.
The fact that she hasn't documented/recorded her great concerns, leaves her decisions unsupported - and leaves her decisions vulnerable.

I think Gull has one eye on the door. Maybe even a foot.

The judge is not who should be mentoring a defendant involving decision making. The ex-D have already accused her of being biased.

 

[MistyWaters]

https://x.com/angelaganote/status/1719368043233497513?s=20

BREAKING: A new trial date for the man charged with killing Abby Williams and Libby German in Delphi in 2017. Richard Allen leaves court today after learning his trial is moved to October 2024.

View attachment 457234

Those eyes…

 

[Emma Peel]

How can a judge deny a defendant pro bono representation?

We might find out via the appeals process if simple stating on the record "I have great concerns", cuts it.

( p.s. If Gull knows something about the Old D team that no one else knows, (such as they remain under investigation for the Leak, and are not cleared, therefore have a conflict of interest), I would think she'd be referencing that concern. And she's not.) MOO

 

[Jurisprudence]

JG has denied an accused counsel of his choice and instead, has appointed counsel of her choice. Whatever you think about this case or the defense, this is backwards and should be alarming to all.

jmo

 

[MistyWaters]

How can a judge deny a defendant pro bono representation?

I’d think the judge is responsible for ensuring a defendant who has previously declared themself to be indigent has qualified representation to ensure a fair trial, pro bono or not. The argument around if the ex-D is qualified or not is another topic.

JMO

 

[legalmomma]

https://x.com/davebangert/status/1719366142563602854?s=20


Dave Bangert
@davebangert
·
22m

As hearing was supposed to start, Rozzi & Baldwin went to defense table, as newly appointed defense attys stood behind them. Set up a showdown.Judge: “What’s changed in the past 12 days?” When she announced Rozzi & Baldwin withdrew as she presented ‘gross negligence’ claims. 3/

Rozzi said that was laid out in filings in past two weeks, saying they’d been zealous in defense, not negligent. Rozzi: “We’re on a different page on what happened.”Indiana Supreme Court has been asked to weigh in on Gull’s decision. Here’s background.

Supreme Court gets taste of fight between judge, attorneys in Delphi murder case

All leads up to a status hearing scheduled Tuesday for Richard Allen, charged in the 2017 murders of Abby Williams and Libby German

www.basedinlafayette.com

 

[arielilane]

Delphi murders case breaking: Judge Frances Gull has officially disqualified Richard Allen’s original defense team for alleged “gross negligence.” Attorneys Brad Rozzi and Andrew Baldwin are expected to challenge the legality of the judge’s decision. #Delphi #wthr 1/

A new defense team will get discovery materials and evidence to start preparing Allen’s defense later this week. The January 2024 trial date for Richard Allen has now been pushed back to Oct 15-31, 2024.

https://twitter.com/x/status/1719364072620065128

 

[arielilane]

New trial date set for next October with the newly appointed attorneys that Richard Allen doesn't want.

https://twitter.com/x/status/1719371545854783824

https://twitter.com/NewsyBarbara

 

[Emma Peel]

I guess this is double down time for JG. "There's a writ now filed in S Ct questioning my integrity so I'm holding firm." Problem for JG though imo, her double down of today also broke with procedure. So I suppose she's doubling down in defense of herself while at the same time, doubling down and shining a light on her questionable conduct, all the while leaving collateral damage of the victims families and the accused in her wake. I'd be curious if she felt emboldened due to a backing by other members of the judiciary.
jmo

JMHO:
Sometimes I think we're making simple things over-complicated.

IMO, we have a prosecution-friendly Judge in Gull (yesterday's filing at Supreme Court lays it out), her attorney work back in the day was all prosecution, the P in this case asked her to remove the D, she did, and she went back to her hometown bar neighborhood and hired some new Ps ( whose work she's familiar with over the years).

And Gull can do and be ALL of the above - and that's fine. But she will be challenged b/c the legal system is meant to be adversarial. Which is also a good thing.

I also think Gull may not have great Clerk support. Gull whines about reading the Frank memo's 136 pages. (c'mon. Attnys read like the wind. Why don't the Clerks do that and brief their Judge?) Also the clerks have murdered the docket (LOL) and landed that problem in Supreme Court.

Big Case, Cameras, Press, Critics, Microscopes, Flamboyance. Judge Gull & her team may not the best match for it. All moo.

 

[arielilane]

“I cannot and will not allow these attorneys to represent you,” the judge told accused killer Mr Allen.


She added: “I’m sorry that this has happened, Mr Allen.”

Delphi murders judge blocks attorneys in dramatic court hearing

31 October 2023 11:25 EDT