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

[MistyWaters]

I think it could if Baldwin left the pictures in a vulnerable place where they could be easily taken. In other words, why weren't they locked up in his office since others seemed to have access to his office when he was not present?

I suspect MW’s affidavit is sealed because he may yet be facing charges. It seems to take awhile for FB to search and provide data once it’s been subpoenaed. MS had eluded that because of the nature of the information that was leaked it appeared as if the leakage was more than a quick, impulsive one time thing. So purely speculation but perhaps MW made several visits to B’s office, chatting over discovery files while actively contributing to RA’s defense, never requested to sign a confidentiality agreement.

 

[Emma Peel]

Did you read the full account of what transpired in court today according to Fox59? No wonder RA was denied his right to his chosen attorneys by the Judge. By the time the smoke clears they could be barred from practising.

I hope they may get their wish for a hearing…..before the Bar Association.

JMO

I have read several "full accounts" of what transpired today including this one here:

Judge confirms defense attorney dismissals in Delphi double murder case

and yet, I have no idea what you are talking about.

 

[Emma Peel]

Here's a NEWS Blast from the Past.

One Year Ago Today:

Delphi suspect charged with 2 counts of murder; ‘Investigation far from complete’

DELPHI, Ind. — It’s a development loved ones of Libby German and Abby Williams have long prayed for: charges filed in connection to the Delphi murder investigation.

Indiana State Police announced Richard Allen, 50, of Delphi, was charged with two counts of murder during a news conference Monday.

 

[Batgirl 2.0]

IMO, non-professional opinion, the leak opportunity originated from his office, which is his responsibility. He should have taken any measures necessary to ensure the integrity of the information.

IMO (NAL but licensed in another field that requires the protection of client and firm records), his law firm should’ve had a Written Information Security Plan (WISP) in place that each partner and employee had to sign. That WISP should’ve outlined the details of the physical and cyber security of the firm’s records and work products and the consequences for failure to adhere. But I guess it’s hypothetical, as he likely wouldn’t terminate himself from his own firm for failing to secure the records within his protection. I have no idea if that would constitute a breach of professional ethics or not. But if it did, wouldn’t that qualify as an actual conflict of interest of the sort that allows the trial court to disqualify counsel regardless of a defendant’s offer to waive? I admit I’m out of my depth here. And BTW, does it matter who RA wants as a public defender (since by definition the PD is appointed and not privately retained)? And if the PD gets disqualified, why on earth would he be allowed to represent the client pro bono? Finally, for those who believe RA is innocent until proven guilty and shouldn’t be incarcerated for another year, do you think a solution like setting him free with a GPS monitor would be safe and in his best interests? Anything could happen, from suicide to vigilantism. Just my two cents. If you’ve made it this far, thanks for letting me ramble. I’m sure there are those who disagree with some of this, and that’s okay. Be nice, please.

 

[sunshineray]

Good question.
I'm going to take a WAG:

A writ of mandamus is a legal remedy that can be sought in court to compel a government official or agency to perform a specific duty or take a particular action. It is a form of legal action used to address situations where an official or agency is alleged to have a legal obligation to act but has not done so.

Writ of Mandamus - Legal Dictionary

My understanding is that ... it's RA who has the standing to make this very specific case.
And it is RA that is bringing it on behalf of the PEOPLE of the State of Indiana as it's a matter of the public access to and the integrity of the records of the lower case (in Gull's court).

RA's certainly consented that these 3 appellate lawyers can bring his case.
This is an interlocutory action (appeal), which means, RA is asking for a higher court review of mini-decision in the middle of the longer ongoing lower court case. (interlocutory - basically meaning, a review in the middle of a case)

I'm pretty sure it was arranged, and the attnys selected via Rozzi & Baldwin. We don't know who's paying for it. It could be pro-bono?

*************

All three of those attorneys are out of Indianapolis. The last paragraph in the linked article could possible hold a clue as to who may have contacted them? They would have to get RA to sign for filing in his name. Doesn't RA have limited access to visitors and web access in Westville?

Judge confirms defense attorney dismissals in Delphi double murder case

CARROLL COUNTY, Ind. — The latest hearing in the case against accused killer Richard Allen was due to start at 9 a.m. in the third-floor courtroom of Carroll Circuit Court in Delphi today. Al…

fox59.com

 

[MistyWaters]

I’d appreciate seeing emails - sounds like I’ve missed a major doc dump! Thanks. Always love a good discussion. <3

IIRC was a 280 or so page attachment to RA’s supreme court filing discussed yesterday but I don’t know the source and it’s not attached to mycase. So I’m wondering if that was a reason for concern about including links mentioned by Mods.

 

[Emma Peel]

All three of those attorneys are out of Indianapolis. The last paragraph in the linked article could possible hold a clue as to who may have contacted them? They would have to get RA to sign for filing in his name. Doesn't RA have limited access to visitors and web access in Westville?

Judge confirms defense attorney dismissals in Delphi double murder case

CARROLL COUNTY, Ind. — The latest hearing in the case against accused killer Richard Allen was due to start at 9 a.m. in the third-floor courtroom of Carroll Circuit Court in Delphi today. Al…

fox59.com

Hennessey? Sure.
IMO, it's most likely that the introduction to RA - necessary to get RA's consent - likely came from the Old Defense Team.

It's just my guess, but getting that writ of mandamus motion done so very quickly, including the most recent (including Court docket-bounced/deleted) motions from the defense (the whack-a-mole game) last week on Friday, and then filing on Monday required working closely with the Defense through last weekend.

I'd go as far to wonder if these appellate lawyers advised as to the prep of the Old D's motions that were filed last week rat-a-tat-tat. To my reading .. those filings were tight. Coordinated. Advanced planned for an appellate strategy.

... we shall see. it's JMHO

 

[MistyWaters]

I have read several "full accounts" of what transpired today including this one here:

Judge confirms defense attorney dismissals in Delphi double murder case

and yet, I have no idea what you are talking about.

This is the only report that I’ve read that includes any level of interactive conversation occurring. Oh imagine that, it’s the same as your link lol!

I was referring the accusation of lies within the weird and unusual 136 page memo supporting a Frank’s Hearing. The P had also earlier indicated it “wasn’t entirely true” in the past.

Judge confirms defense attorney dismissals in Delphi double murder case

CARROLL COUNTY, Ind. — The latest hearing in the case against accused killer Richard Allen was due to start at 9 a.m. in the third-floor courtroom of Carroll Circuit Court in Delphi today. Al…

fox59.com

 

[margarita25]

(You guys are all such legal eagles, blown away!)

 

[Batgirl 2.0]

A defence attorney. Doing his job. Defending an accused. I see no issue with this. He did what he’s meant to do. Vigorously defended his client. It’s not his responsibility whatever happened as a result of his defence strategy. That may trouble many members but it’s fact. His job is to defend only the client. And to do so regardless of his belief in their guilt or innocence.

Sure, IMO, the defense attorney’s job is to defend his client, vigorously, regardless of his belief in the client’s guilt or innocence as long as he abides by the rules of the court and the rules of professional conduct. But as to whether it’s his responsibility for whatever happens as a result of that defense strategy, well, I believe that’s an entirely different matter. Why wouldn’t whatever happened as a result be his responsibility?

 

[photographer4]

IMO (NAL but licensed in another field that requires the protection of client and firm records), his law firm should’ve had a Written Information Security Plan (WISP) in place that each partner and employee had to sign. That WISP should’ve outlined the details of the physical and cyber security of the firm’s records and work products and the consequences for failure to adhere. But I guess it’s hypothetical, as he likely wouldn’t terminate himself from his own firm for failing to secure the records within his protection. I have no idea if that would constitute a breach of professional ethics or not. But if it did, wouldn’t that qualify as an actual conflict of interest of the sort that allows the trial court to disqualify counsel regardless of a defendant’s offer to waive? I admit I’m out of my depth here. And BTW, does it matter who RA wants as a public defender (since by definition the PD is appointed and not privately retained)? And if the PD gets disqualified, why on earth would he be allowed to represent the client pro bono? Finally, for those who believe RA is innocent until proven guilty and shouldn’t be incarcerated for another year, do you think a solution like setting him free with a GPS monitor would be safe and in his best interests? Anything could happen, from suicide to vigilantism. Just my two cents. If you’ve made it this far, thanks for letting me ramble. I’m sure there are those who disagree with some of this, and that’s okay. Be nice, please.

I think he’s fine where he is but the trial shouldn’t be put off for another year. Have the two ex defence act as second chair or whatever but it shouldn’t be delayed.

 

[photographer4]

All three of those attorneys are out of Indianapolis. The last paragraph in the linked article could possible hold a clue as to who may have contacted them? They would have to get RA to sign for filing in his name. Doesn't RA have limited access to visitors and web access in Westville?

Judge confirms defense attorney dismissals in Delphi double murder case

CARROLL COUNTY, Ind. — The latest hearing in the case against accused killer Richard Allen was due to start at 9 a.m. in the third-floor courtroom of Carroll Circuit Court in Delphi today. Al…

fox59.com

His wife could have been approached and had him sign?

 

[photographer4]

Sure, IMO, the defense attorney’s job is to defend his client, vigorously, regardless of his belief in the client’s guilt or innocence as long as he abides by the rules of the court and the rules of professional conduct. But as to whether it’s his responsibility for whatever happens as a result of that defense strategy, well, I believe that’s an entirely different matter. Why wouldn’t whatever happened as a result be his responsibility?

His job is to defend the client. His concern isn’t aimed at whether the client gets off and goes on to kill someone else or harm someone else is all I’m saying. it shouldn’t matter what happened with his client on another case. That case has nothing to do with RA’s case.

 

[Emma Peel]

This is the only report that I’ve read that includes any level of interactive conversation occurring. Oh imagine that, it’s the same as your link lol!

I was referring the accusation of lies within the weird and unusual 136 page memo supporting a Frank’s Hearing. The P had also earlier indicated it “wasn’t entirely true” in the past.

Judge confirms defense attorney dismissals in Delphi double murder case

CARROLL COUNTY, Ind. — The latest hearing in the case against accused killer Richard Allen was due to start at 9 a.m. in the third-floor courtroom of Carroll Circuit Court in Delphi today. Al…

fox59.com

Here's what I make of that:

The J asking the P to weigh in on the Court's "findings" and the Court's "deliberation" on whether or not to sack the D, while refusing to conduct a full hearing of the D's facts/arguments .. and then rendering findings and disqualifying the D without due process is ...

(cough, cough)

just one more brick in the appeal. moo

 

[Cyber sleuth]

I’d appreciate seeing emails - sounds like I’ve missed a major doc dump! Thanks.

Record of Proceedings.pdf


emails begin on page 191

 

[MistyWaters]

<snipped for reply>
Finally, for those who believe RA is innocent until proven guilty and shouldn’t be incarcerated for another year, do you think a solution like setting him free with a GPS monitor would be safe and in his best interests? Anything could happen, from suicide to vigilantism. Just my two cents. If you’ve made it this far, thanks for letting me ramble. I’m sure there are those who disagree with some of this, and that’s okay. Be nice, please.

Considering RA’s wife was forced to move away due to harassment, no I don’t think it would ever be safe for RA to be free on bail. Not everyone has compassion for an accused double murderer of young girls, why he’s safest in solitary as well. JMO

 

[Batgirl 2.0]

His job is to defend the client. His concern isn’t aimed at whether the client gets off and goes on to kill someone else or harm someone else is all I’m saying. it shouldn’t matter what happened with his client on another case. That case has nothing to do with RA’s case.
His job is to defend the client. His concern isn’t aimed at whether the client gets off and goes on to kill someone else or harm someone else is all I’m saying. it shouldn’t matter what happened with his client on another case. That case has nothing to do with RA’s case.

His job is to defend the client. His concern isn’t aimed at whether the client gets off and goes on to kill someone else or harm someone else is all I’m saying. it shouldn’t matter what happened with his client on another case. That case has nothing to do with RA’s case.

His job is to defend the client. His concern isn’t aimed at whether the client gets off and goes on to kill someone else or harm someone else is all I’m saying. it shouldn’t matter what happened with his client on another case. That case has nothing to do with RA’s case.

My apologies, I interpreted your comment that it wouldn’t be the attorney’s responsibility for whatever happens as a result of the defense strategy to mean something else. I interpreted it as if the attorney’s defense strategy were for example to file a 132-page document describing the crime scene and naming witnesses and suspects and not protecting crime scene photos, etc, that he might not be responsible for whatever might happen as a result of that strategy. And that’s where I would beg to differ.

 

[sunshineray]

A defence attorney. Doing his job. Defending an accused. I see no issue with this. He did what he’s meant to do. Vigorously defended his client. It’s not his responsibility whatever happened as a result of his defence strategy. That may trouble many members but it’s fact. His job is to defend only the client. And to do so regardless of his belief in their guilt or innocence.

Well it would if someone breaks the rulings of the court and/or the law itself. It also would be a responsiblity for that person to own if those strategies broke rules and laws under that someone's direction. Whether it will be shown that anyone did any of that in this case is still up in the air. AJMO

 

[MistyWaters]

Here's what I make of that:

The J asking the P to weigh in on the Court's "findings" and the Court's "deliberation" on whether or not to sack the D, while refusing to conduct a full hearing of the D's facts/arguments .. and then rendering findings and disqualifying the D without due process is ...

(cough, cough)

just one more brick in the appeal. moo

The examples from the P involved court filings so why wouldn’t he have alerted the judge to any falsehoods? She wasn't involved in investigating the case.

You were disturbed by that but not this?
“Rozzi and Baldwin both stopped to acknowledge Allen’s wife and mother seated closest to the courtroom door to the public hallway near the media as Baldwin assured the women, “The whole world is watching.”

Do you recall reading Hennessy’s brief filed the day prior to the Oct 19th hearing, Sorry I don’t have it on hand but he named examples of dismissals under certain circumstances.

I’ve seen nowhere that states attorneys are always entitled to hearings prior to dismissal from a case and I’m beginning to think it’s been repeated so many times that it’s become an urban myth.

JMO

 

[sunshineray]

Considering RA’s wife was forced to move away due to harassment, no I don’t think it would ever be safe for RA to be free on bail. Not everyone has compassion for an accused double murderer of young girls, why he’s safest in solitary as well. JMO

It's a danged if you do keep him incarcerated and maybe danging him for good and forever if you don't...kind of situation.