IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #172

[Jurisprudence]

Judge overseeing Delphi murders case against Richard Allen suffers ‘urgent medical condition’

ALLEN COUNTY, Ind. — Fran Gull, the Allen County Judge specially assigned to oversee the 2017 Delphi double murders case against Richard Allen, has not been handling her recent caseload amidst heal…

fox59.com

It's difficult to not notice 3 things when looking at this:

1. She appears to be fine, so no worries there "Since then, she has been working from home in coordination with her Allen Superior Court colleagues,” the statement read. “Her fellow Criminal Division Judges are handling Judge Gull’s court calendar temporarily until she returns to the office, which she expects to be soon.”

2. The amicus section has grown quite a bit


3. This article was posted 8 hours after the relator's reply brief dropped that noted only 20% of the problem had been resolved and therefore, the action is not moot. The article was subsequently updated at 5:41.

jmo

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

 

[zh0r4]

It's difficult to not notice 3 things when looking at this:

1. She appears to be fine, so no worries there "Since then, she has been working from home in coordination with her Allen Superior Court colleagues,” the statement read. “Her fellow Criminal Division Judges are handling Judge Gull’s court calendar temporarily until she returns to the office, which she expects to be soon.”

2. The amicus section has grown quite a bit
View attachment 462832

3. This article was posted 8 hours after the relator's reply brief dropped that noted only 20% of the problem had been resolved and therefore, the action is not moot. The article was subsequently updated at 5:41.

jmo

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

It also says she initially met with her doctors November 2, who told her she needed treatment for an urgent medical condition.

 

[Jurisprudence]

It also says she initially met with her doctors November 2, who told her she needed treatment for an urgent medical condition.

yes. 20, tech 19 days ago

 

[AugustWest]

If they’re going to challenge the CCS, surely they’ve read the disclaimer and have visited the courthouse.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

“Information displayed on this site is not to be considered or used as an official court record and may contain errors or omissions. Accuracy of the information is not warranted. Official records of court proceedings may only be obtained directly from the court maintaining a particular record.”

Seems like that disclaimer and the actual statutory language are at odds with each other. The Indiana Rules of Trial Procedure state the "CCS is an official record of the trial court and shall be maintained apart from other records of the court and organized by case number, if maintained in a paper or microfilmed format."

See: Indiana Rules of Trial Procedure

See also: https://www.in.gov/courts/iocs/files/pubs-trial-court-court-ccs-entries-rjo.pdf

ETA: Rule 77(B)

 

[girlhasnoname]

It's difficult to not notice 3 things when looking at this:

1. She appears to be fine, so no worries there "Since then, she has been working from home in coordination with her Allen Superior Court colleagues,” the statement read. “Her fellow Criminal Division Judges are handling Judge Gull’s court calendar temporarily until she returns to the office, which she expects to be soon.”

2. The amicus section has grown quite a bit
View attachment 462832

3. This article was posted 8 hours after the relator's reply brief dropped that noted only 20% of the problem had been resolved and therefore, the action is not moot. The article was subsequently updated at 5:41.

jmo

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

I personally don't feel comfortable insinuating that a medical emergency might have been planned around a court docket nor case.

I immediately noticed Judge Gull did not look good during the on camera short appearance she made on Oct 19th.

moo

 

[FrostedGlass]

I personally don't feel comfortable insinuating that a medical emergency might have been planned around a court docket nor case.

I immediately noticed Judge Gull did not look good during the on camera short appearance she made on Oct 19th.

moo

Maybe it's more about the timing of the news release. All of that happened 19 days ago; the headlines make it sound like it happened now.

 

[Jurisprudence]

I personally don't feel comfortable insinuating that a medical emergency might have been planned around a court docket nor case.

I immediately noticed Judge Gull did not look good during the on camera short appearance she made on Oct 19th.

moo

Understood. It says she is fine and has been working from home, expected to return shortly. So, the article to me revealed that any imminent danger has since passed. I wish her well. It was simply noticed to be nearly 20 days later, 8 hours after a reply brief alleged that their previous reply brief wasn't exactly accurate.

jmo

 

[MistyWaters]

Seems like that disclaimer and the actual statutory language are at odds with each other. The Indiana Rules of Trial Procedure state the "CCS is an official record of the trial court and shall be maintained apart from other records of the court and organized by case number, if maintained in a paper or microfilmed format."

See: Indiana Rules of Trial Procedure

See also: https://www.in.gov/courts/iocs/files/pubs-trial-court-court-ccs-entries-rjo.pdf

ETA: Rule 77(B)

Your quote is my understanding. The CCS is managed and retained at the Courthouse and mycase makes no claim to be the official file.

Odyssey Public Access (MyCase) Terms of Use

www.in.gov

“Information displayed on this site is not to be considered or used as an official court record and may contain errors or omissions. Accuracy of the information is not warranted. Official records of court proceedings may only be obtained directly from the court maintaining a particular record..

…..Access to MyCase is available to the public at no cost. It is not intended for commercial use. If you or your organization require access to bulk records please see information regarding access to bulk data….

…….The Office of Judicial Administration may discontinue, edit, delete or change any aspect of MyCase, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any user's right to use MyCase, at the Office's sole discretion and without prior notice or liability…..

……MyCase is developed and maintained by Tyler Technologies, Inc., under contract with the Indiana Supreme Court, Office of Judicial Administration. The Office is responsible for the operation of MyCase.”

 

[susiQ]

Understood. It says she is fine and has been working from home, expected to return shortly. So, the article to me revealed that any imminent danger has since passed. I wish her well. It was simply noticed to be nearly 20 days later, 8 hours after a reply brief alleged that their previous reply brief wasn't exactly accurate.

jmo

Certainly we all wish her a complete recovery from her medical emergency. I’m sorry she has been unwell, but I would not be sorry to see her step down and let someone take over that can give this case the attention it needs. Her illness does not change the missteps that have taken place that need to be rectified quickly. JMHO

 

[MistyWaters]

Certainly we all wish her a complete recovery from her medical emergency. I’m sorry she has been unwell, but I would not be sorry to see her step down and let someone take over that can give this case the attention it needs. Her illness does not change the missteps that have taken place that need to be rectified quickly. JMHO

There’s no guarantee anything’s going to rectified, nor quickly. We’ll just have to wait and see. RA currently has legal representation, regardless of who it is.

 

[susiQ]

This case is about the heinous murder of Abbigal Williams and Liberty German, 2 innocent young girls out for a walk so many years ago. I'm sickened to death of it being about the Defendant, The Defense Team, the Judge and their conduct.

RSBMFF
I think it’s safe to say, none of us forget why we are here. We all want justice for Abby and Libby and their families. It makes one sick to think of what happened to them. However, to bring true justice to bear, all of what you mention is necessary for real justice to be done. Discussion about the accused, the D and the J. It’s impossible to ignore all of this regardless how much we want this to be about A & L. Without the “housekeeping” there will be no justice. And, we want a “clean” house.

It’s certainly not hard to see the polarization here. There are those here that without a doubt believe “they’ve got the right guy.” Let’s dispense with all the talk and get him where he belongs, for the rest of his life, never mind any exculpatory evidence. Then there are those that are not convinced the evidence is strong against the accused. Personally, right now, with what I have seen and heard, I’m quite concerned about whether they have the right guy. That doesn’t mean I don’t want justice. I’ve said it before, I want the right justice. I cannot believe that the girls’ families or even the girls themselves, if they could speak, would want a potentially innocent man to go to prison for the rest of his life, or dare I say even spend one minute in a prison if innocent. Putting an innocent man in prison is not justice for anyone, least of all for the falsely accused. All JMHO.

ed:sp

 

[somequestions]

I think the defendant's right to a speedy trial is very important. If that means the original attorneys are reinstated, then that is what should happen.

How do we know the prosecutor is not going to trial with some witnesses and some scratches on an unspent cartridge ejected from a gun? The entire case may come down to expert testimony regarding toolmark analysis. It would be wrong to keep Richard Allen in prison any longer than what he already has been while denying him the right to choose the attorneys who represent him.

I do not know what to think regarding Richard Allen's guilt or innocence. I cannot understand why he would confess if he did not do it, but there have been other cases where people confessed that were innocent. But since the confessions Richard Allen gave came before the evidence leak, if they contain any information that only the killer would know, then I think a jury will probably convict him no matter how many Odinist theories the defense puts forth. But no one knows what type of confessions Richard Allen made.

If the evidence against Richard Allen is strong, shouldn't people want him to get to trial as soon as possible so the families can have some resolution in this case?

 

[sunshineray]

I do not read it that way. To me, they are actually pointing out the lack of vetting.

jmo

I thoughtfully disagree with you.

 

[sunshineray]

I understand your pov. But, I think we need to remember that the revelations we recently came to learn of from the Franks filing were predominantly from the state's discovery production and depositions under oath. Any speculative theory they put forward aside, the facts in the memo aren't made up facts.

And it is for this reason that they never should have stopped this investigation, and after the FM they should have actually re-opened it imo instead of formulating a plan to have the counsel kicked off so they could buy themselves a trial delay - a delay which at worst would provide them with an opportunity to come up with some answers or a delay which at best, depending on "who" was chosen as substitute counsel, would not only put significant distance between the filing and trial, but might also cause it go *poof* altogether, making any answers to these questions unnecessary.

jmo

I can see you have a strong opinion and artful way of describing what you believe has transpired during the investigation.

Why would LE need to reopen an investigation that is ongoing, according to the prosecutor and stated in court by him before a judge?

The delay of RA's trial, IMO, lays totally on the shoulders of his former defense team, their continued negligent actions and non-actions.

Also the defendant has, according to the prosecutor, confessed no less than five times. It's very likely LE zeroed in on the right guy. The tip lines are still open though and it's also a possiblity that others may be involved before, during or after the fact.
Thoughtfully AJMO

 

[Vern]

Maybe it's more about the timing of the news release. All of that happened 19 days ago; the headlines make it sound like it happened now.

I think it insinuates that the initial incident requiring treatment hapened 19 daus ago and that she is now home recovering.

How many days was she not at home recovering and instead out of commission while receiving whatever "necessary treatment" that medical professionals deemed she required. I'm not seeing that it was a "one and done" thing or a single day thing. There seems to be a gap in the reportage.

 

[sunshineray]

Yes one has to completely overlook the ex-Ds shenanigans in order to place all fault on the judge for taking action.

I must also say I have a really strong hunch it’s greatly feared the new D will not follow through with the ridiculous Odinist theory and that’s the reason for the hostility over the departure of the ex-D. Although I admit that seems a little bizarre, no reason the new D can’t competently defend RA with or without it.

JMO

If they decide it's the best chance for their client then it would make sense for them to use it...BUT in a courtroom (if a judge allows it) and not by leaking discovery like the crime scene photos of dead children.

 

[sunshineray]

It's difficult to not notice 3 things when looking at this:

1. She appears to be fine, so no worries there "Since then, she has been working from home in coordination with her Allen Superior Court colleagues,” the statement read. “Her fellow Criminal Division Judges are handling Judge Gull’s court calendar temporarily until she returns to the office, which she expects to be soon.”

2. The amicus section has grown quite a bit
View attachment 462832

3. This article was posted 8 hours after the relator's reply brief dropped that noted only 20% of the problem had been resolved and therefore, the action is not moot. The article was subsequently updated at 5:41.

jmo

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

What's the commonality that you see for grouping these three things?

 

[sunshineray]

Maybe it's more about the timing of the news release. All of that happened 19 days ago; the headlines make it sound like it happened now.

And a slew of media jumped on the amicus, sharks in the water, smelling blood. JMO

 

[zh0r4]

Are CourtTV links allowed here? TIA

 

[mrjitty]

The transcript did clear up one matter.

The judge notes she is working on her Franks ruling but has 1500 pages of content and hours of interviews to listen to. A more focussed memo that directed the judge to what she actually needed to read might have helped here. I wonder to what extent her belief that they made false claims (p16 line 23) on the safekeeping order means she is going over everything from the ground up?