Abby & Libby - The Delphi Murders - Richard Allen Arrested - #183

[StarryStarryNight]

I've long thought that this would never make it to trial and RA, if guilty, would eventually plead out. With the trial apparently imminent, what are the odds he ends up making a plea within the next two (?) weeks. Is it too late to be offered a plea? What would that look like?

I’m still hoping for a plea deal. It’s not too late.

 

[layer]

I’m still hoping for a plea deal. It’s not too late.

Go ahead, make my day. ~ Harry Callahan

 

[steeltowngirl]

Trying to catch up here. Things are moving quickly!

What’s this about the pings? I thought defense said RA was out of there by 1:30 pm. So why are they concerned about what happened after that?

 

[TTF14]

Trying to catch up here. Things are moving quickly!

What’s this about the pings? I thought defense said RA was out of there by 1:30 pm. So why are they concerned about what happened after that?

Haha good point . But, it still matters. It massively matters. It throws the entire timeline/narrative into question, IMO.

Gonna be an interesting several days ahead.

IMO MOO

 

[Betty P]

With all the motions, memos and publicity campaigns, will the defense team be ready for the trial?

 

[steeltowngirl]

I'm going to leave a link to a good research paper on use of third party responsibility (SODDI), but with a twist. It directly addresses the issue we have in this case:

Evidence of a Third Party's Guilt of the Crime that the Accused is Charged with: The Constitutionalization of the SODDI (Some Other Dude Did It) Defense 2.0

Defense counsel have employed a version of the SODDI defense for decades. The late Johnny Cochran successfully employed the defense in the O.J. Simpson prosecu

papers.ssrn.com

Here here. I posted that on Thread 178, post 898.

 

[vinayd]

Not if they are removed tomorrow. I'll begin the refreshing on mycase at 8am early! If she removes them, what's next? Can she reinstate the other team she had in place? Or have they jeopardized it by appearing on CourtTv etc?

 

[TTF14]

With all the motions, memos and publicity campaigns, will the defense team be ready for the trial?

If it's true about the trickling of Discovery from the State, definitely not, and they should ask for a continuance. They seem to have been blindsided by some of the late evidence they've received, so what choice do they have? I think they should postpone the trial as much as I don't want that. IMO MOO

 

[snooptroop88]

I’m still hoping for a plea deal. It’s not too late.

That really would be awesome if it happened. Is it still possible?

 

[TTF14]

Not if they are removed tomorrow. I'll begin the refreshing on mycase at 8am early! If she removes them, what's next? Can she reinstate the other team she had in place? Or have they jeopardized it by appearing on CourtTv etc?

Why do you think she'll remove them?

Was the CourtTV footage of them recent? (I don't have cable/didn't watch)

 

[TTF14]

That really would be awesome if it happened. Is it still possible?

Has the State even offered one?

 

[snooptroop88]

Has the State even offered one?

Seeing this/source: "Plea bargaining is essentially a private process, but this is changing now that victims rights groups are becoming recognized. Under many victim rights statutes, victims have the right to have input into the plea bargaining process. Usually the details of a plea bargain aren t known publicly until announced in court."
Also this:

Indiana Code Title 35. Criminal Law and Procedure § 35-35-3-3​

Current as of June 08, 2021 | Updated by FindLaw Staff
Sec. 3. (a) No plea agreement may be made by the prosecuting attorney to a court on a felony charge except:
(1) in writing;  and
(2) before the defendant enters a plea of guilty.
The plea agreement shall be shown as filed, and if its contents indicate that the prosecuting attorney anticipates that the defendant intends to enter a plea of guilty to a felony charge, the court shall order the presentence report required by IC 35-38-1-8 and may hear evidence on the plea agreement.
(b) If the plea agreement is not accepted, the court shall reject it before the case may be disposed of by trial or by guilty plea.
...

https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-35-3-3/

 

[vinayd]

My experience with Ohio courts is the plea is not discussed not even with the family. It is presented at some point and IME it was the morning before trial started. There was a plea and that was that.

I feel someone can put in a plea up until the State rests it's case? I started reading but had to give it a rest

 

[TTF14]

My experience with Ohio courts is the plea is not discussed not even with the family. It is presented at some point and IME it was the morning before trial started. There was a plea and that was that.

I feel someone can put in a plea up until the State rests it's case? I started reading but had to give it a rest

I do think it's true that it can happen at any time? Just haven't heard that one was offered in this case (besides a rumor that one was offered and he rejected it, but that was not from a reliable source).

 

[layer]

Not if they are removed tomorrow.

Dang, what did I miss now?

 

[vinayd]

Why do you think she'll remove them?

Was the CourtTV footage of them recent? (I don't have cable/didn't watch)

Since she had the initial gall to remove them. To me that means she meant it then but had to reel back and do it correctly. Which is the right thing to do. So after the States Motion to compel & the hearing I think it could happen.

Let me say I think only Andy. I think Rozzi and Auger will go to trial alone. I think both parties will receive sanctions. I wasn't mad at the defense filing today that basically said "deny it all it's too broad". I think the State is limited in what they will write out. They want the evidence to speak at trial and will take a few sanctions to get it done.

ETA. Yes they were just on this past Sunday. It's free on courttv.com. @TTF14

 

[vinayd]

Dang, what did I miss now?

lol the response to the Contempt Hearing. Her ruling is due tomorrow, I seen some saying it was due today.

 

[vinayd]

So.. when the State gets the phone call confessions. Do they have to turn this over to the D? Or do they automatically get a copy? I can see this turning into a Franks 5.0 for "new exculpatory evidence".

Is the family entitled to calls or letters if this becomes part of the discovery?

 

[TTF14]

So.. when the State gets the phone call confessions. Do they have to turn this over to the D? Or do they automatically get a copy? I can see this turning into a Franks 5.0 for "new exculpatory evidence".

Is the family entitled to calls or letters if this becomes part of the discovery?

Why wouldn't they have to turn it over? And how would it be exculpatory if it's a confession? I'm so confused. And what do you mean by "the family?" Which family?

 

[vinayd]

Why wouldn't they have to turn it over? And how would it be exculpatory if it's a confession? I'm so confused. And what do you mean by "the family?" Which family?

A bit of tongue in cheek was my intention as of course it's not exculpatory. And by family I mean of the victims. Wondering now as discovery grows in a case do they also give that to the family.