Imagine having to hand over as discovery all the 50,000 tips received by LE. Imagine a defense team saying... in one of the tips... John George (sic) on 12/13/18 said that BG looked like Jim Shorter (sic) from down the road.
Did you investigate Jim Shorter fully? Where are your files on his investigation.
The truth being they got 10,000 of those "think it looks sort of like Joe Blow..." comments.. .that ALL get thrown to the bottom of the list as non-priority.
Is it the defenses right to have every single piece of the investigation? No
It’s rather disingenuous to not consider the actual events that occurred prior to the drafting of the Frank’s. The ex d didn’t create anything out of thin air and was proceeded by essentially an act that one can see in a similar light as a whistleblower:
“Further it is written that on May 1, 2023, the State of Indiana, by way of Prosecutor Nick Mc- Cleland(sp), received a letter from former Rushville Assistant Police Chief Todd Click, now retired. Click, Murphy and Ferency were three of the law enforcement officers who worked on the Delphi murder case, particularly focused on the Odinite angle as it intersected with suspects in Rushville Indiana.
After reading Richard Allen’s probable cause affidavit, Click became concerned that the information contained in Richard Allen’s affidavit pointing the finger at Richard Allen was far less compelling than the totality of the information that Detective Ferency, Detective Murphy and Officer Click had accumulated during the Rushville portion of the investigation.
The information Murphy, Ferency and Click had gathered during their investigation connected men who practiced Odinism in or near Delphi with another group of men who lived in Rushville and then connected both groups of men to the murders.
Click was concerned that for some reason the leadership of the investigative team had failed to share with Prosecutor McCleland( sp) the evidence gathered by Click, Ferency and Murphy. Click’s concerns led him to seek out a lawyer to assist him in the drafting of a letter. This letter was then sent to McCleland.
However, the Defense states that this letter was not provided to the Defense until after it was obvious from the last round of depositions that the Defense (who had doggedly pursued witnesses as far away as Georgia) would certainly be talking with Todd Click. McCleland(sp) had this letter in his possession for over four months before turning it over to the Defense. There can be no mistaking that this letter is exculpatory (tending or serving to clear from alleged fault or guilt) in nature and could have been used by the Defense as it prepared for upcoming depositions. However, it is apparent that McCleland(sp) only offered up the letter after it was obvious that the Defense team would soon be learning of the letter’s existence.
In other words, the Defense team would obviously be meeting with, or deposing Click in the next few weeks. Click most certainly would then reveal to the Defense at that time, that in April 2023, he (Click) had sent a letter containing exculpatory information to McCleland(sp), the defense alleges.
McLeland(sp) had two distinct choices at this point: 1) sit on the exculpatory evidence hoping that the Defense team would refocus its efforts on another angle of the investigation, or 2) disclose the exculpatory evidence claiming that the contents of the letter were overlooked in the volume of discovery.
He chose the latter.
Unfortunately for the State, neither approach explains away the fact that Click specifically directed the letter to McLeland himself and further, Click was so determined to ensure his information was consumed by McLeland, that he directed the information directly to McLeland, via certified mail. The letter is stamped “Received May 1, 2023, Carroll County Prosecutor.” Click’s report landed at ground zero; a prosecutor’s office with no more than two full-time prosecutors and a handful of full-time staff members, at best. It is not plausible that this exculpatory evidence could have been completely overlooked.
Not only did the prosecution withhold that letter from the Defense, according to the document, but law enforcement also withheld several other exculpatory pieces of evidence, including an 85-page compilation of reports by Click prepared in 2019 and several videos containing statements that support the Defense theory of Richard Allen’s innocence. This 85-page report detailed the investigative work performed by Click, Ferency, Murphy, and others, including the FBI.
Not only did Carroll County Detective Tony Liggett fail to include all this Odinite information in his Oct. 13, 2022 “Affidavit for Search Warrant” and not only did McCleland(sp) and the Unified Command withhold exculpatory evidence, Liggett also concealed damaging witness statements that devastate Liggett’s timeline – a timeline Liggett allegedly needed to be true in order to place Richard Allen at the trail when Abby and Libby were abducted. Additionally, Liggett lied in his affidavit about the statements of another key witness, further devastating Liggett’s timeline.”
www.cbsnews.com
