Niner
Long time Websleuther
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Okay - this is very long... definitely shortening this up a bit.
Tuesday, May 7th:
*Motions Hearing (@ 9am ET) – IN – Abigail Joyce Williams (13) & Liberty Rose Lynn German (14) (Missing Feb. 13, 2017, found killed Feb. 14, 2017, after walking on a local hiking trail & were discovered around noon about 50 feet from the north bank of Deer Creek which is about 0.5 miles from the Monon High Bridge Trail, Delphi) – *Richard “Ricky/Rick” Matthew Allen (44 @ time of crime/50/now 51) arrested & booked (10/26/22) into the Carroll County Jail & charged & arraigned (10/28/22) with 2 counts of murder while committing or attempting to commit kidnapping of both victims. Plead not guilty. Held without bond.
Amended charges (1/18/24/granted 3/18/24): 2 counts of felony murder (knowingly & intentionally), 2 counts of murder (while committing or attempting to commit kidnapping of both victims). Transferred to White County jail from Carroll County for security reasons. And was transferred (11/2/22) to IN. DOC at Westfield Correctional Facility at a more secure facility. Was awaiting transfer to Westville Correctional Facility but Judge Gull denied move (6/15/23). She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. Judge Gull denied move (7/5/23). On 12/6/23 Allen was transferred from Westfield to Wabash Valley Correctional Facility (long term segregation).
Trial set to begin with jury selection on 5/13/24 (thru 5/16) & Trial set to begin on 5/17/24. Mondays thru Saturdays from 9am to 5pm (thru 5/31).
Allen County Judge Frances C. Gull has replaced Judge Benjamin Diener / Carroll County Prosecutor Nicholas McLeland & Special Prosecutor James David Luttrull, Jr.
Andrew Baldwin & Bradley Rozzi are Allen’s public appointed attorneys. Both attorneys withdrawn 10/19/23.
Defense attorneys Robert Cliff Scremin & William Santino Lebrato as Contract Public Defenders appointed on 10/27/23 & on 10/30/23 added Bradley Anthony Rozzi.
Now – Defense attorneys Andrew Baldwin & Bradley Anthony Rozzi. Added Jennifer Auger [addressing the circumstances surrounding digital forensics].
Jury will be chosen from among 600 people. Special judge Frances Gull expects jury selection to take approximately three days. She said the jury would then be sworn in on the fourth day (5/16/24) with opening statements beginning by Day 5, 5/17/24. That means the jury could start hearing testimony on Friday, 5/17/24. After jury selection, the actual trial phase of the proceedings will take place at the Carroll County Courthouse in Delphi. Gull confirmed Allen’s trial will take place six days a week — Monday through Saturday — if there are no religious objections from any of the jurors.
Changes in trial dates: 11/2/22: Jury trial scheduled on 3/20/23. On 2/23/23 that trial date was cancelled-Judicial Action. 6/15/23 Trial now set on 1/8/24. On 10/31/23 that trial date was cancelled by request & set to begin on 10/15/24. On 3/11/24 trial now set for 5/13 thru 5/31/24.
Jurors will be chosen from Allen County & transported to Carroll County for trial. Jury will be sequestered.
Charges, case & court info from 4/19/21 thru 3/15/24 reference post #674 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-178.707741/page-34
3/15/24 Docket update: Order issued. Ex parte e-mail communication dated 3/11/24, from Anthony Greeno ordered copied & sent to counsel of record & the Clerk of Carroll Circuit Court. Judicial Officer: Gull, Frances; Noticed: McLeland, Nicholas Charles; Baldwin, Andrew Joseph; Rozzi, Bradley Anthony; Luttrull, James David JR. Order Signed: 3/14/24. Order issued The Court has received ex parte e-mail from an Anthony Greeno on 3/12/24, which contains graphic images, the Court will not file tihs e-mail, as the images are unsuitable for public inclusion in this file. Judicial Officer: Gull, Frances; Noticed: McLeland, Nicholas Charles; Baldwin, Andrew Joseph; Rozzi, Bradley Anthony; Luttrull, James David JR. Order Signed: 3/14/24.
3/18/24 Update: There are two hearings for Allen on 3/18/24. The 9am hearing will hear prosecutor’s amended charges, adding 4 more counts & his contempt claim against the defense team. The 2pm hearing will hear the defense motion to dismiss the charges based on the destruction of exculpatory evidence. Allen is expected to be present for both hearings.
3/18/24 Docket update: Witness and/or Exhibit List filed; Supplemental Witness List & Exhibit Notice filed By: State of Indiana; File Stamp: 3/17/24. [see post #692, page 35, thread #177]. Response to a Petition/Motion to Compel filed by: State of Indiana; File Stamp: 3/17/24. [see post #689, page 35, thread #177]. Motion for Protective Order [for Evidence gathered from the Indiana DOC] filed by: State of Indiana; File Stamp: 3/17/24. [see post #687, page 35, Thread #177].
3/18/24 Docket Update: Motion for Parity in resources, to reconsider the Denial of Anticipated defense costs or to exclude evidence filed by Allen. File Stamp: 3/17/24. [see post #685, page 35, thread #177]. Amended [Pleading] Motion to Compel & request for sanctions filed by Allen. File Stamp: 3/17/24. [see post #684, page 35, thread #177] [also posts 690 & 697 page 35; 704 & 709 pages 36]
3/18/24 Update: Amended charges hearing: The prosecutor filed a request to amend the charges to also include: Two counts of murder while committing or attempting to commit kidnapping, two counts of murder & two counts of kidnapping. The State requested the dismissal of the kidnapping charges. Judge Gull approves amended 2 counts murder charges & dismisses the 2 counts of kidnapping charges. [The original charges PLUS new murder charges stand & NEW kidnapping charges are dismissed]. Allen was present. In regards to the change of venue motion, Judge Gull ruled that all future hearings will take place in Carroll County. Judge Gull also responded to the defense’s motion to recuse the judge, which she denied.
Contempt charges hearing: Accusations of contempt against Allen’s attorneys, Andrew Baldwin & Bradley Rozzi, started right after the first hearing ended. Gull denied the defense’s request for a continuance in the contempt hearing. [post #776, page 39]. A recent court filing shows Baldwin & Rozzi are prepared to call at least six witnesses & present more than 26 pieces of evidence Monday. The attorneys have asked several times in recent weeks for the contempt hearing to be delayed. The court denied multiple media requests for cameras in the courtroom during the hearings. Allen was present. Contempt hearing started at 9:45am. [see posts #728, 730, 731, 736 & 737, page 37 & post #785 page 40]. When the contempt hearing wrapped up, the Judge gave the defense team another week to submit a post hearing memo. The prosecution will then have a week to respond. At that point, the judge will have 30 days to make a ruling. [more info see post #836, page 42]. Probably no decision until April. At the end of the second hearing, Judge Gull granted the state’s motion to subpoena third-party records from the DOC pertaining to Allen’s medical & psychiatric health. The State will have 15 days to review those records. [See post 931, page 47 thread #177 article on hearings].
A 3rd hearing began on the Defense’s motion to dismiss due to the State’s withholding of exculpatory evidence. The request from Allen’s attorneys centers around a taped interview from 2017 done by LE in the early days of the murder investigation. As revealed Monday during the hearing, a technology malfunction essentially recorded over all interviews done in Delphi from Feb 14-20 in 2017. The defense says that constitutes the destruction of evidence that would exonerate Allen. The defense says the malfunction wasn’t intentional & that the interviews were memorialized in a written report. The interview in question was of a person the defense is pointing the finger at as the person who committed the murders. [see post #827 (article), page 42]. No decision on motion to dismiss.
Juror questionnaires were sent out last week for Allen’s trial, which is scheduled to begin in May. [see posts #815 & 817 (quoted articles), page 41]. A YouTuber [Rick Snay] expected to testify for the defense was thrown out of the courtroom after a reported scuffle [see post #773, page 39, thread #177 & post #826 (article), page 42].
3/19/24 Docket Update: Order issued: Court rules filing by defendant of a Motion to Compel & Request for Sanctions on 3/12/23. Counsel claims to have attached Exhibit A to the pleading, but no exhibit has been provided. Counsel direct to either submit their exhibit or withdraw their Motion. Order issued: Attorney Hennessy’s Verified Supplement to Verified Emergency Motion for continuance reviewed. Counsel’s request to continue the 3/18/24 hearing denied without hearing. Order issued. Attorney Hennessy’s Verified Emergency Motion for Continuance reviewed & denied without hearing. Signed by Judge Fracnes Gull. Noticed: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi & James Luttrull.
3/19/24 Update: Defendant’s response to State’s Motion to enter Protective Order for evidence gathered from the IN. DOC. Link: https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:53618372-3842-4b55-b135-b9d515e202c1
3/20/24 Docket Update: Order issued. On 3/15/24, the Court entered a Courthouse Management & Decorum Order for hearing on 3/18/24. The final paragraph of th Order states, “Any violation of this Order & any conduct the Court find disruptive of the proceedings is punishable as direct contempt of Court & will result in a term of imprisonment & permanent exclusion from the courtroom, the courthouse & all future proceedings”. ….. The Court observed a member of the gallery, later identified as Richard Snay, becoming animated & somewhat vocal with Courtroom Security, who admonished him to sit down. At approx. 12:10pm, Court Security observed Snay & David Noe engaged in conversation on the first floor, that ultimately became heated. Court Security advised them to be civil & leave the building. Security removed both participants from the building & observed a verbal altercation between them on the sidewalk & surrounding areas of the Courthouse. The Court finds the conduct of Richard Snay & David Noe to be in direct violation of the Decorum Order & therefore, permanently excludes Snay & Noe from all future proceedings in this cause signed by Judge Gull. Noticed: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi & James Luttrull.
3/21/24 Docket Update: Order Issued. Ex parte communication from Frank Wesseling, dated 3/16/24, ordered copied & sent to counsel of record & the Clerk of Carroll Circuit Court. Order Issued. Court orders the ex parte communication from Frank Wesseling, dated 2/19/24, copied & sent to counsel & the Clerk of Carroll Circuit Court. Signed by Judge Gull. Noticed: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi & James Luttrull. Appearance filed by State of Indiana for Stacy Lynn Diener. Praecipe for transcript filed. Expedited Preacipe for transcript-hearing on Motion for Contempt filed by Allen. Praecipe for Transcript filed. Expedited Preacipe for Transcript-hearing on Motion to Dismiss filed by Allen.
3/22/24 Docket update: State’s Motion for Protective Order for DOC evidence-see post #111 page 6, thread #178. 3/22/24 Docket update: Order Issued. Court has received Request for Recording of Court Proceedings by News Media from Corryn Brock, WPTA, & Jeff Wiehe, WANE 15, for trial 5/31/24 & denies same. Judge Gull. Noticed: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi, James Luttrull & Stacey Diener.
3/25/24 Docket update: State's Response to Amended Motion to Compel, a Petition filed by State on 3/23/24. 3/25/24 Docket update: Order Issued. AM session. Defendant appears in person & with counsel, Attorneys Bradley Rozzi & Andrew Baldwin. State appears by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney James Luttrell & Deputy Prosecuting Attorney Stacey Diener. Hearing held on Defense Motion to Dismiss for Destroying Exculpatory Evidence. Matter taken under advisement to review the evidence submitted. Judicial Officer: Frances Gull.
Order Issued. The Court has taken under advisement the State's Motion to Enter Protective Order for Evidence Gathered from the Indiana DOC (filed 3/17/24) & the Defendant's Response (filed 3/19/24) & denies the State's Motion. The Court, however, prohibits the defense from any dissemination of the personal practices of any deponent. Judicial Officer: Frances Gull.
Order Issued. Afternoon session. Defendant appears in person & with counsel, Attorneys Bradley Rozzi & Andrew Baldwin. Attorneys Rozzi & Baldwin appear with Attorney David Hennessy. State appears by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney James Luttrell & Deputy Prosecuting Attorney Stacey Diener. Prior to the commencement of the hearing on the State's Verified Information of Contemptuous Conduct, the following preliminary matters are addressed: 1. The State's Motion for Leave to Amend Charging Information by adding Counts 3 & 4 is granted without objection. Counsel waive Initial Hearing on Counts 3 & 4. 2. The State's oral motion to dismiss Counts 5 & 6, kidnapping, Level 3 Felony, granted without objection. 3. The Verified Petition for Recusal of Prosecutor from Contempt Proceedings is heard & denied. 4. State withdraws its Motion for all future Pleadings & filings to be Sealed for the Court's review before being released to the Public. 5. Attorney Hennessy's Verified Emergency Motion for Continuance & Supplement to Verified Emergency Motion for Continuance heard & again denied. 6. Attorney Hennessy's Motion to Stay All Ancillary Proceedings & Get This Case to Trial & the State's Objection heard. As the hearing is proceeding, the Motion to Stay is Denied. The Court has previously granted Attorney Rozzi & Baldwin's Motion for a Speedy Trial & the cause is now set for speedy trial May 13-31, 2024. 7. Attorney Hennessy's Motion for Specific Findings of Fact & Conclusions hereon granted with respect to the contempt proceeding. 8. Attorney Hennessy's Verified Petition for Recusal from Contempt Proceedings heard & denied. 9. Attorney Hennessy's Objection to Change of Venue noted. No objection was made by defense counsel or defense counsels' attorney until 3/12/24. The hearing was previously set in February & continued to 3/18/23, on defense counsels' Motion without objection to the hearing taking place in Allen County. Court overrules the objection, but will conduct future hearings, if any, in the Carroll Circuit Court. Court then conducts the hearing on the State's Verified Information of Contemptuous Conduct & takes the evidence & arguments of counsel under advisement. Attorney Hennessy requests an opportunity to submit a post-hearing brief. Court orders him to submit same on or before 3/25/24. State will submit a response brief on or before 4/1/24. The Court's thirty (30) days to rule begins 4/1/24. Judicial Officer: Frances Gull. Noticed (all Orders issued): Nicholas McLeland, Andrew Baldwin, Bradley Rozzi, James Luttrull & Stacey Diener.
3/25/24 Docket Update: Memorandum/Brief filed. Post hearing memorandum by Allen. Document filed. Allen Appendix attachment to Post hearing memorandum by Allen filed.
3/26/24 Docket update: Order or Judgment of the Court: Motion to Dismiss for Destroying Exculpatory Evidence is taken under advisement. [signed 3/22/24 by Frances C. Gull, Special Judge, Carroll Circuit Court].
3/26/24 Docket update: Defense' Post-Hearing Memorandum for Contempt hearing & appendix filed by David R. Hennessy. [link: Post Hearing Memo defense.pdf].
3/26/24 Docket update from 3/17/24: Defense Motion for parity in resources, to reconsider the Denial of anticipated defense costs, or to exclude evidence. Allen’s defense team is requesting that the court “provide parity” in the investigation & presentation in the upcoming trial to “balance the scales of justice.” This includes the exclusion of certain pieces of evidence since the defense claims they have not had the funds to properly investigate them. The team is requesting that the defense team be approved for necessary expected expenses for the team to defend Allen within the trial. The team is asking for the state’s prosecutors to pay “out of their personal finances” for investigative services, evidence processing & expert fees. The defense claims that they have not received any help in funding to obtaining expert assistance to investigate three pieces of evidence within the trial: the bullet found at the crime scene, the digital data collected by law enforcement & Allen’s alleged confession. “This court should reconsider the denial of funds for defense investigative & expert expenses,” the documents said. “…Alternatively, the court should exclude at trial any testimony or evidence related to the bullet, the digital data, Allen’s purported confession & the cause, manner & timing of death. “Finally, if denial of the defense’s requests remains, and the state is allowed to proffer testimony on the critical evidence discussed above, the only truly equitable relief would be to order the Carroll County Prosecutor to pay for any expert & investigative services, from this point forward, out of his own personal finances.”
3/26/24 Docket update: Order or Judgment of the Court. Ex parte communication received from Mary Griffin ordered copies & sent to counsel of record & the Clerk of Carroll Circuit Court. And Order of Judgment of the Court. Ex parte communication received from Monica Perkins on 3/26/24 ordered copies & sent to counsel of record & the Clerk of Carroll Circuit Court both signed by Judge Frances Gull (cameras in the courtroom request).
3/27/24 Docket update: State's response to Defendant's Amended Motion to Compel & request for Sanctions filed on 3/23/24 by Nicholas McLeland.
3/27/24 Docket update: Temporary/Limited Scope Appearance for defendant filed by Allen. Verified Petition for public funds filed by Allen.
3/27/24 Docket update: Limited appearance for defendant filed by Jennifer Auger [with matters related to the service of process & future depositions of FBI agents associated with the investigation & prosecution of Allen. Counsel further anticipates assisting Defendant Allen & his legal team with digital forensic issues surrounding the investigation & prosecution of Defendant Allen including, but not limited to conducting discovery, depositions & courtroom examinations regarding the same].
3/27/24 Docket update: Order Issued. The Court, having taken Defendant's Amended Motion to Compel & Request for Sanctions under advisement & having reviewed the State's Response filed 3/23/24, now denies the Defendant's Amended Motion to Compel & Request for Sanctions without hearing signed by Judge Gull. Noticed: N. McLeland, A. Baldwin, B. Rozzi, J. Luttrull & S. Diener.
3/28/24 Docket updates: Order Issued. Ex parte communication received from "LGW" ordered copied & sent to counsel of record & the Clerk of Carroll Circuit Court. Judicial Officer: Gull, Frances. Noticed: McLeland, , Baldwin, Rozzi, Luttrull & Diener signed on 3/27/24 [post #888, page 45, thread #178]. Order Issued. Court receives request for recording of Court proceedings by News Media, dated 3/12/24, from Cyndee Hebert, WTHR-TV & denies same. Judicial Officer: Gull, Frances. Notice Issued. Notice of mailing of transcript.
3/29/24 Update: Jury will be chosen from among 600 people. Special judge Frances Gull told 13News she expects jury selection to take approximately three days when the trial for defendant Allen begins in Fort Wayne on 5/13/24. She said the jury would then be sworn in on the fourth day, with opening statements beginning by Day 5. That means the jury could start hearing testimony on Friday, 5/17/24 from 9am to 5pm. After jury selection, the actual trial phase of the proceedings will take place at the Carroll County Courthouse in Delphi. Gull confirmed Allen’s trial will take place six days a week — Monday through Saturday — if there are no religious objections from any of the jurors. The judge has scheduled three weeks for the entire trial & expects it to be completed by 5/31/24. So far, she has not approved any media requests for cameras in the courtroom. Court staff said that arrangements have already been made for jurors to be lodged at a hotel close to Delphi. Their meals & activities will also be provided & paid for by Carroll County. Each juror will receive $80 per day for the first five days of the trial. After that, they’ll earn $90 per day for their service. Those rates are set by state law.
4/1/24 Docket update: Notice of Exclusion of Confidential Information [from Public Access]. Ex parte Motion for public funding filed. Notice to Court Filed. Defendant's Notice of Submission of Supplemental Exhibit List to the State. All filed by Allen.
4/1/24 Docket Update: The State filed a motion in support of Contemptuous Conduct. Proposed Finds of fact & conclusions of Law filed by State. State's Memorandum in support of Contemptuous Conduct [Post Contempt] hearing filed.
4/2/24 Docket update: Order Issued. Court orders ex parte communication from Kamie Redinbo, Kala Newell, Stacey L. Parker, Liza Trick, Hope Douglas, Paige Moore, Ann Smith, Stephanie Cope, Victoria Best & Oscar Lopez copied & sent to counsel of record & the Clerk of Carroll Circuit Court. Judicial Officer: Gull, Frances. Order Signed: 4/2/24.
4/2/24 Docket update: Order Issued. The Court, having had Defendant's Motion to Dismiss for Destroying Exculpatory Evidence under advisement following a hearing conducted on 3/18/24, now denies the Motion to Dismiss as the defendant has failed to show that the evidence was exculpatory & that it was destroyed negligently, intentionally, or in bad faith. The recordings of interviews between February 14-20, 2017 were lost due to human error or were spontaneously lost due to the equipment resetting. At the time the interview of Brad Holder was lost, he was not a key suspect in the case. The interview was memorialized in a written report provided to the defendant. Patrick Westfall was interviewed at his home by FBI agents. That interview was not recorded but was documented in a written report provided to the defendant. Patrick Westfall was not a key suspect in the case at the time of the interview. As neither Holder nor Westfall were suspects at the time the interviews were conducted, the defendant has failed to show that the lost interview of Holder was material & that the lack of a recorded interview of Westfall was material. As defendant must establish materiality to claim a denial of due process & Allen had failed to do so, his due process rights have not been violated. Judicial Officer: Gull, Frances. Order Signed: 4/2/24.
4/3/24 Docket update: Order Issued. State of Indiana's Motion for Leave of Court to Subpoena Third-Party Records (mental health records) filed 3/14/24 granted without hearing. Judicial Officer: Gull, Frances.
4/3/24 Docket update: State's response to Defense 3rd Motion for Franks Hearing [have not met the burden to warrant a Franks hearing]. Filed by Nicholas C. McLeland. [See post 637, page 32, thread #179].
4/5/24 Docket update: Notice of Discovery. Defense provided the independent Neuropsychological evaluation of Allen prepared by Dr. Polly Westcott & dated 3/31/24 filed by Bradley Rozzi.
4/8/24 Docket update: Notice of Exclusion of Confidential Information from Public Access. Filed by Allen. Motion filed. Ex Parte Motion to reconsider funds for Tech Experts & also funds for Administrative Assistants filed by Allen. Motion filed. Proposed Order on Ex Parte Motion to Reconsider Funds for Tech Experts & also Funds for Administrative Assistants. Filed by Allen. 4/8/24 Docket update: Notice of Exclusion of Confidential Information from Public Access. Motion filed. Ex Parte Motion to Reconsider Funds for Tech Experts & also Funds for Administrative Assistants. Motion filed. Proposed Order on Ex Parte Motion to Reconsider Funds for Tech Experts & also Funds for Administrative Assistants. All filed by Allen.
4/9/24 Docket update: Notice of Exclusion of Confidential Information from Public Access. Motion filed. Ex Parte Motion. Motion filed. Ex Parte Order. All filed by Allen.
4/11/24 Docket update: Motion to Suppress Statements filed by Allen.
link: 2024 4/11 Allen Motion.pdf.pdf
Memorandum of Law in Support of Defendant Allen's Motion to Suppress filed by Allen.
link: 2024 4/11 Motion for Leave.pdf.pdf
Motion for Leave of Court to Conduct Inmate Depositions filed by Allen.
link: 2024 4/11 Motion for Leave.pdf.pdf
4/12/24 Docket update: Notice of mailing of transcript. Noticed to: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi, James Luttrull & Stacy Diener. Order granting Motion for Leave of Court to Conduct inmate Depositions by Judge F. Gull. Order signed 4/12/24. Correspondence to/from Court filed. Letter received from the Journal & Courier [Ron Wilkins, reporter]. [See post #807, page 41, thread #180 for letter].
4/11/24 Docket Update: Motion to Suppress statements filed by Allen. Memorandum of Law in Support of Defendant Allen's Motion to Suppress filed by Allen.
4/15/24 Docket update: Motion to Suppress the Accused Second Statement filed by Allen. Link: 2024 4/15 suppress 2nd statement .pdf
4/15/24 Docket update: Order Issued. Ex parte communication from James Beverton & Savas Gunn ordered copied & sent to counsel of record & the Clerk of Carroll Circuit Court by Judge Frances Gull. Noticed: McLeland, Baldwin, Rozzi, Luttrull & Diener.
4/16/24 Docket update: Witness and/or Exhibit List filed by Allen. Defendant's Notice of Submission of Supplemental Witness & Exhibit List to the State. Witness and/or Exhibit List filed. Supplemental Witness List & Exhibit Notice 2 filed by State.
4/18/24 Docket update: Order Issued. Court has received request for recording of Court proceedings by News Media from Erika Facey, WISH-TV & denies same. Copy to counse l of record & Clerk of the Carroll Circuit Court. Judge Frances Gull. Noticed: McLeland, Baldwin, Rozzi, Luttrull & Diener signed 4/17/24.
4/19/24 Docket update: Witness and/or Exhibit List filed. Defendant's Notice of Submission of Supplemental Witness List to the State filed by Allen.
4/23/24 Docket Update: Motion for Leave of Court to subpoena 3rd party records filed by State. [3rd Party documentation from Rushville PD/Attn: Chief Craig Tucker-see post #87, page 5, thread #182]. 4/23/24 Docket update: Motion to Compel & Motion for sanctions filed by Allen. [see post #89, page 5, thread #182]. 4/23/24 Docket update: State's objection to defendant's Motion to Suppress [filed 4/11/24] filed by McLeland. [see post #85, page 5, thread #182].
4/23/24 Update: Judge Gull issued three orders Tuesday that were published online Wednesday afternoon denying requests to record the trial. The denied requests were from News Media Coalition, an Indy TV station & a South Bend TV station.
4/25/24 Docket update: Order-granting request for subpoena Duces Tecum-Rushville Police Dept. by Judge Gull. Noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger signed on 4/23/24.
4/26/24 Docket update: State's response to Motion to Compel & Request for Sanctions filed. [See post #511 page 26, thread #182]. 4/26/24 Docket update: Service returned served: Lacy Patton, Jr. served in person by Elkhart County Sheriff on 4/26/24 @ 9:30am.
4/29/24 Docket update: Objection filed. Answer to Motion to Suppress 2nd Statement by State. Motion In Limine [asking the Court to limine out ANY evidence that someone else committed the crime] filed by State [see post 766, page 39, thread #182]. 4/29/24 Docket Update: Courthouse Management & Decorum Order for Jury Selection May 13-16, 2024 by Judge Frances C. Gull [see post #882, page 45, thread #182]. 4/29/24 Docket update: Appearance [Jennifer Auger] filed by Allen.
4/30/24 Docket update: Defendant Allen's 4th Franks Notice-motion filed [based on newly disclosed evidence & request for hearing-see post #1012 page 51, thread #182]. Response filed. Accused's reply to the State's Response to motion to compel & Sanctions. [see post #1012, page 51, thread #182]. 4/30/24 Docket update: Motion for Pretrial Conference hearing filed by Allen.
4/30/24 Docket update: Request for Subpoena Duces Tecum filed/3rd party documentation from ViaPath [prison calls]. Filed by State. Response to a Petition filed. Defendant's response to State's Motion in Limine & Request for hearing filed by Allen [see post #34, page 2, thread #183].
4/30/24 Update: Judge Gull's letter to Counsel. 2024-04-30 - Judge Gull's Email to the Parties.pdf
5/1/24 Docket update: Order Issued. The Court, having had this matter under advisement following a hearing conducted on March 18, 2024, & having reviewed the evidence admitted at the hearing (the Court did not review any evidence that was offered but not admitted), the arguments of counsel and the briefs & memorandums submitted by Counsel now finds that the State proved by a preponderance of the evidence that defense counsel was sloppy, negligent & incompetent in their handling of discovery materials. Counsel failed to properly secure evidence & discovery material in this matter. Counsel negligently allowed their discovery outline to be sent to an individual unrelated to this matter (Brandon Woodhouse) who then disseminated that information to the public. Counsel further allowed their discovery materials to be compromised by Westerman (who, in turn, provided the information to Fortson & Cohen). Counsel has described Westerman both as a criminal & a valued consultant & confidante. Despite this Court's findings of sloppiness, negligence & incompetence, the State is required to prove that Counsels' conduct was willful & intentional beyond a reasonable doubt for the Court to find Counsel in contempt. As the State has not met that burden, the Court declines to find them in contempt of Court for violating the Protective Order issued February 17, 2023, regarding discovery. The State has also alleged that defense counsel violated the "gag order" issued by the Court on December 2, 2022. Defense counsel issued a Press Release on December 1, 2022. The release contained statements that are potentially violative of the Rules of Professional Conduct. As Defense Counsels' Counsel correctly argues in his post-hearing brief, the gag order was not yet issued. As such, the Court declines to find Counsel in contempt of Court as no Order was in place. To the extent that the Press Release violated the Rules of Professional Responsibility, the Trial Court has no jurisdiction to enforce those Rules. As required by the Rules of Professional Responsibility, the Trial Court will, therefore, send a copy of this Order & the Press Release to the Office of Judicial & Attorney Regulation, Executive Director Adrienne Meiring for that Office to enforce the Rules or determine Counsels' ethical misconduct. Judicial Officer: Frances Gull. Noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger.
5/1/24 Docket Update: Order Issued. Defendant's Motion for Pretrial hearing State's Motion in Limine set for hearing in the Allen Superior Court 5/7/24 @ 9am without objection by the defense, who consents to the venue. Judicial Officer: Gull, Frances; Noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger.
5/2/24 Docket update: Motion filed. Motion to enter Stipulated Protective Order filed by Allen & IN DOC on 5/1/24. Hearing scheduling activity for 5/7/24 @ 9am before Judge Gull in Allen County. 5/2/24 Docket update: Transport Order entered by Judge Frances gull. Order Issued. Amended order reflecting 5/7/24 hearing date bu Judge Gull. Noticed to: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger. Motion Filed to nter Stipulated Protective Order by Allen & IN DOC.
link: Adobe Acrobat
5/3/24 Docket update: Order Issued. Court has received "Request for Recording of Court Proceedings by News Media" for a hearing on 5/7/24, from Jeff Wiehe WANE 15 & Cyndee Hebert WTHR-TV & denies same. Court has also received a "Camera in Court Request Form" request from Anthony Greeno, True Crime Investigates, and declines to consider same as this is not a news media outlet covered by I.C. 34-46-4-1. bu Judge Gull. Noticed to: McLelnd, Baldwin, Rozzi, Luttrull, Diener & Augur. Transport Order entered by Judge Gull.
Tuesday, May 7th:
*Motions Hearing (@ 9am ET) – IN – Abigail Joyce Williams (13) & Liberty Rose Lynn German (14) (Missing Feb. 13, 2017, found killed Feb. 14, 2017, after walking on a local hiking trail & were discovered around noon about 50 feet from the north bank of Deer Creek which is about 0.5 miles from the Monon High Bridge Trail, Delphi) – *Richard “Ricky/Rick” Matthew Allen (44 @ time of crime/50/now 51) arrested & booked (10/26/22) into the Carroll County Jail & charged & arraigned (10/28/22) with 2 counts of murder while committing or attempting to commit kidnapping of both victims. Plead not guilty. Held without bond.
Amended charges (1/18/24/granted 3/18/24): 2 counts of felony murder (knowingly & intentionally), 2 counts of murder (while committing or attempting to commit kidnapping of both victims). Transferred to White County jail from Carroll County for security reasons. And was transferred (11/2/22) to IN. DOC at Westfield Correctional Facility at a more secure facility. Was awaiting transfer to Westville Correctional Facility but Judge Gull denied move (6/15/23). She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. Judge Gull denied move (7/5/23). On 12/6/23 Allen was transferred from Westfield to Wabash Valley Correctional Facility (long term segregation).
Trial set to begin with jury selection on 5/13/24 (thru 5/16) & Trial set to begin on 5/17/24. Mondays thru Saturdays from 9am to 5pm (thru 5/31).
Allen County Judge Frances C. Gull has replaced Judge Benjamin Diener / Carroll County Prosecutor Nicholas McLeland & Special Prosecutor James David Luttrull, Jr.
Andrew Baldwin & Bradley Rozzi are Allen’s public appointed attorneys. Both attorneys withdrawn 10/19/23.
Defense attorneys Robert Cliff Scremin & William Santino Lebrato as Contract Public Defenders appointed on 10/27/23 & on 10/30/23 added Bradley Anthony Rozzi.
Now – Defense attorneys Andrew Baldwin & Bradley Anthony Rozzi. Added Jennifer Auger [addressing the circumstances surrounding digital forensics].
Jury will be chosen from among 600 people. Special judge Frances Gull expects jury selection to take approximately three days. She said the jury would then be sworn in on the fourth day (5/16/24) with opening statements beginning by Day 5, 5/17/24. That means the jury could start hearing testimony on Friday, 5/17/24. After jury selection, the actual trial phase of the proceedings will take place at the Carroll County Courthouse in Delphi. Gull confirmed Allen’s trial will take place six days a week — Monday through Saturday — if there are no religious objections from any of the jurors.
Changes in trial dates: 11/2/22: Jury trial scheduled on 3/20/23. On 2/23/23 that trial date was cancelled-Judicial Action. 6/15/23 Trial now set on 1/8/24. On 10/31/23 that trial date was cancelled by request & set to begin on 10/15/24. On 3/11/24 trial now set for 5/13 thru 5/31/24.
Jurors will be chosen from Allen County & transported to Carroll County for trial. Jury will be sequestered.
Charges, case & court info from 4/19/21 thru 3/15/24 reference post #674 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-178.707741/page-34
3/15/24 Docket update: Order issued. Ex parte e-mail communication dated 3/11/24, from Anthony Greeno ordered copied & sent to counsel of record & the Clerk of Carroll Circuit Court. Judicial Officer: Gull, Frances; Noticed: McLeland, Nicholas Charles; Baldwin, Andrew Joseph; Rozzi, Bradley Anthony; Luttrull, James David JR. Order Signed: 3/14/24. Order issued The Court has received ex parte e-mail from an Anthony Greeno on 3/12/24, which contains graphic images, the Court will not file tihs e-mail, as the images are unsuitable for public inclusion in this file. Judicial Officer: Gull, Frances; Noticed: McLeland, Nicholas Charles; Baldwin, Andrew Joseph; Rozzi, Bradley Anthony; Luttrull, James David JR. Order Signed: 3/14/24.
3/18/24 Update: There are two hearings for Allen on 3/18/24. The 9am hearing will hear prosecutor’s amended charges, adding 4 more counts & his contempt claim against the defense team. The 2pm hearing will hear the defense motion to dismiss the charges based on the destruction of exculpatory evidence. Allen is expected to be present for both hearings.
3/18/24 Docket update: Witness and/or Exhibit List filed; Supplemental Witness List & Exhibit Notice filed By: State of Indiana; File Stamp: 3/17/24. [see post #692, page 35, thread #177]. Response to a Petition/Motion to Compel filed by: State of Indiana; File Stamp: 3/17/24. [see post #689, page 35, thread #177]. Motion for Protective Order [for Evidence gathered from the Indiana DOC] filed by: State of Indiana; File Stamp: 3/17/24. [see post #687, page 35, Thread #177].
3/18/24 Docket Update: Motion for Parity in resources, to reconsider the Denial of Anticipated defense costs or to exclude evidence filed by Allen. File Stamp: 3/17/24. [see post #685, page 35, thread #177]. Amended [Pleading] Motion to Compel & request for sanctions filed by Allen. File Stamp: 3/17/24. [see post #684, page 35, thread #177] [also posts 690 & 697 page 35; 704 & 709 pages 36]
3/18/24 Update: Amended charges hearing: The prosecutor filed a request to amend the charges to also include: Two counts of murder while committing or attempting to commit kidnapping, two counts of murder & two counts of kidnapping. The State requested the dismissal of the kidnapping charges. Judge Gull approves amended 2 counts murder charges & dismisses the 2 counts of kidnapping charges. [The original charges PLUS new murder charges stand & NEW kidnapping charges are dismissed]. Allen was present. In regards to the change of venue motion, Judge Gull ruled that all future hearings will take place in Carroll County. Judge Gull also responded to the defense’s motion to recuse the judge, which she denied.
Contempt charges hearing: Accusations of contempt against Allen’s attorneys, Andrew Baldwin & Bradley Rozzi, started right after the first hearing ended. Gull denied the defense’s request for a continuance in the contempt hearing. [post #776, page 39]. A recent court filing shows Baldwin & Rozzi are prepared to call at least six witnesses & present more than 26 pieces of evidence Monday. The attorneys have asked several times in recent weeks for the contempt hearing to be delayed. The court denied multiple media requests for cameras in the courtroom during the hearings. Allen was present. Contempt hearing started at 9:45am. [see posts #728, 730, 731, 736 & 737, page 37 & post #785 page 40]. When the contempt hearing wrapped up, the Judge gave the defense team another week to submit a post hearing memo. The prosecution will then have a week to respond. At that point, the judge will have 30 days to make a ruling. [more info see post #836, page 42]. Probably no decision until April. At the end of the second hearing, Judge Gull granted the state’s motion to subpoena third-party records from the DOC pertaining to Allen’s medical & psychiatric health. The State will have 15 days to review those records. [See post 931, page 47 thread #177 article on hearings].
A 3rd hearing began on the Defense’s motion to dismiss due to the State’s withholding of exculpatory evidence. The request from Allen’s attorneys centers around a taped interview from 2017 done by LE in the early days of the murder investigation. As revealed Monday during the hearing, a technology malfunction essentially recorded over all interviews done in Delphi from Feb 14-20 in 2017. The defense says that constitutes the destruction of evidence that would exonerate Allen. The defense says the malfunction wasn’t intentional & that the interviews were memorialized in a written report. The interview in question was of a person the defense is pointing the finger at as the person who committed the murders. [see post #827 (article), page 42]. No decision on motion to dismiss.
Juror questionnaires were sent out last week for Allen’s trial, which is scheduled to begin in May. [see posts #815 & 817 (quoted articles), page 41]. A YouTuber [Rick Snay] expected to testify for the defense was thrown out of the courtroom after a reported scuffle [see post #773, page 39, thread #177 & post #826 (article), page 42].
3/19/24 Docket Update: Order issued: Court rules filing by defendant of a Motion to Compel & Request for Sanctions on 3/12/23. Counsel claims to have attached Exhibit A to the pleading, but no exhibit has been provided. Counsel direct to either submit their exhibit or withdraw their Motion. Order issued: Attorney Hennessy’s Verified Supplement to Verified Emergency Motion for continuance reviewed. Counsel’s request to continue the 3/18/24 hearing denied without hearing. Order issued. Attorney Hennessy’s Verified Emergency Motion for Continuance reviewed & denied without hearing. Signed by Judge Fracnes Gull. Noticed: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi & James Luttrull.
3/19/24 Update: Defendant’s response to State’s Motion to enter Protective Order for evidence gathered from the IN. DOC. Link: https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:53618372-3842-4b55-b135-b9d515e202c1
3/20/24 Docket Update: Order issued. On 3/15/24, the Court entered a Courthouse Management & Decorum Order for hearing on 3/18/24. The final paragraph of th Order states, “Any violation of this Order & any conduct the Court find disruptive of the proceedings is punishable as direct contempt of Court & will result in a term of imprisonment & permanent exclusion from the courtroom, the courthouse & all future proceedings”. ….. The Court observed a member of the gallery, later identified as Richard Snay, becoming animated & somewhat vocal with Courtroom Security, who admonished him to sit down. At approx. 12:10pm, Court Security observed Snay & David Noe engaged in conversation on the first floor, that ultimately became heated. Court Security advised them to be civil & leave the building. Security removed both participants from the building & observed a verbal altercation between them on the sidewalk & surrounding areas of the Courthouse. The Court finds the conduct of Richard Snay & David Noe to be in direct violation of the Decorum Order & therefore, permanently excludes Snay & Noe from all future proceedings in this cause signed by Judge Gull. Noticed: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi & James Luttrull.
3/21/24 Docket Update: Order Issued. Ex parte communication from Frank Wesseling, dated 3/16/24, ordered copied & sent to counsel of record & the Clerk of Carroll Circuit Court. Order Issued. Court orders the ex parte communication from Frank Wesseling, dated 2/19/24, copied & sent to counsel & the Clerk of Carroll Circuit Court. Signed by Judge Gull. Noticed: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi & James Luttrull. Appearance filed by State of Indiana for Stacy Lynn Diener. Praecipe for transcript filed. Expedited Preacipe for transcript-hearing on Motion for Contempt filed by Allen. Praecipe for Transcript filed. Expedited Preacipe for Transcript-hearing on Motion to Dismiss filed by Allen.
3/22/24 Docket update: State’s Motion for Protective Order for DOC evidence-see post #111 page 6, thread #178. 3/22/24 Docket update: Order Issued. Court has received Request for Recording of Court Proceedings by News Media from Corryn Brock, WPTA, & Jeff Wiehe, WANE 15, for trial 5/31/24 & denies same. Judge Gull. Noticed: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi, James Luttrull & Stacey Diener.
3/25/24 Docket update: State's Response to Amended Motion to Compel, a Petition filed by State on 3/23/24. 3/25/24 Docket update: Order Issued. AM session. Defendant appears in person & with counsel, Attorneys Bradley Rozzi & Andrew Baldwin. State appears by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney James Luttrell & Deputy Prosecuting Attorney Stacey Diener. Hearing held on Defense Motion to Dismiss for Destroying Exculpatory Evidence. Matter taken under advisement to review the evidence submitted. Judicial Officer: Frances Gull.
Order Issued. The Court has taken under advisement the State's Motion to Enter Protective Order for Evidence Gathered from the Indiana DOC (filed 3/17/24) & the Defendant's Response (filed 3/19/24) & denies the State's Motion. The Court, however, prohibits the defense from any dissemination of the personal practices of any deponent. Judicial Officer: Frances Gull.
Order Issued. Afternoon session. Defendant appears in person & with counsel, Attorneys Bradley Rozzi & Andrew Baldwin. Attorneys Rozzi & Baldwin appear with Attorney David Hennessy. State appears by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney James Luttrell & Deputy Prosecuting Attorney Stacey Diener. Prior to the commencement of the hearing on the State's Verified Information of Contemptuous Conduct, the following preliminary matters are addressed: 1. The State's Motion for Leave to Amend Charging Information by adding Counts 3 & 4 is granted without objection. Counsel waive Initial Hearing on Counts 3 & 4. 2. The State's oral motion to dismiss Counts 5 & 6, kidnapping, Level 3 Felony, granted without objection. 3. The Verified Petition for Recusal of Prosecutor from Contempt Proceedings is heard & denied. 4. State withdraws its Motion for all future Pleadings & filings to be Sealed for the Court's review before being released to the Public. 5. Attorney Hennessy's Verified Emergency Motion for Continuance & Supplement to Verified Emergency Motion for Continuance heard & again denied. 6. Attorney Hennessy's Motion to Stay All Ancillary Proceedings & Get This Case to Trial & the State's Objection heard. As the hearing is proceeding, the Motion to Stay is Denied. The Court has previously granted Attorney Rozzi & Baldwin's Motion for a Speedy Trial & the cause is now set for speedy trial May 13-31, 2024. 7. Attorney Hennessy's Motion for Specific Findings of Fact & Conclusions hereon granted with respect to the contempt proceeding. 8. Attorney Hennessy's Verified Petition for Recusal from Contempt Proceedings heard & denied. 9. Attorney Hennessy's Objection to Change of Venue noted. No objection was made by defense counsel or defense counsels' attorney until 3/12/24. The hearing was previously set in February & continued to 3/18/23, on defense counsels' Motion without objection to the hearing taking place in Allen County. Court overrules the objection, but will conduct future hearings, if any, in the Carroll Circuit Court. Court then conducts the hearing on the State's Verified Information of Contemptuous Conduct & takes the evidence & arguments of counsel under advisement. Attorney Hennessy requests an opportunity to submit a post-hearing brief. Court orders him to submit same on or before 3/25/24. State will submit a response brief on or before 4/1/24. The Court's thirty (30) days to rule begins 4/1/24. Judicial Officer: Frances Gull. Noticed (all Orders issued): Nicholas McLeland, Andrew Baldwin, Bradley Rozzi, James Luttrull & Stacey Diener.
3/25/24 Docket Update: Memorandum/Brief filed. Post hearing memorandum by Allen. Document filed. Allen Appendix attachment to Post hearing memorandum by Allen filed.
3/26/24 Docket update: Order or Judgment of the Court: Motion to Dismiss for Destroying Exculpatory Evidence is taken under advisement. [signed 3/22/24 by Frances C. Gull, Special Judge, Carroll Circuit Court].
3/26/24 Docket update: Defense' Post-Hearing Memorandum for Contempt hearing & appendix filed by David R. Hennessy. [link: Post Hearing Memo defense.pdf].
3/26/24 Docket update from 3/17/24: Defense Motion for parity in resources, to reconsider the Denial of anticipated defense costs, or to exclude evidence. Allen’s defense team is requesting that the court “provide parity” in the investigation & presentation in the upcoming trial to “balance the scales of justice.” This includes the exclusion of certain pieces of evidence since the defense claims they have not had the funds to properly investigate them. The team is requesting that the defense team be approved for necessary expected expenses for the team to defend Allen within the trial. The team is asking for the state’s prosecutors to pay “out of their personal finances” for investigative services, evidence processing & expert fees. The defense claims that they have not received any help in funding to obtaining expert assistance to investigate three pieces of evidence within the trial: the bullet found at the crime scene, the digital data collected by law enforcement & Allen’s alleged confession. “This court should reconsider the denial of funds for defense investigative & expert expenses,” the documents said. “…Alternatively, the court should exclude at trial any testimony or evidence related to the bullet, the digital data, Allen’s purported confession & the cause, manner & timing of death. “Finally, if denial of the defense’s requests remains, and the state is allowed to proffer testimony on the critical evidence discussed above, the only truly equitable relief would be to order the Carroll County Prosecutor to pay for any expert & investigative services, from this point forward, out of his own personal finances.”
3/26/24 Docket update: Order or Judgment of the Court. Ex parte communication received from Mary Griffin ordered copies & sent to counsel of record & the Clerk of Carroll Circuit Court. And Order of Judgment of the Court. Ex parte communication received from Monica Perkins on 3/26/24 ordered copies & sent to counsel of record & the Clerk of Carroll Circuit Court both signed by Judge Frances Gull (cameras in the courtroom request).
3/27/24 Docket update: State's response to Defendant's Amended Motion to Compel & request for Sanctions filed on 3/23/24 by Nicholas McLeland.
3/27/24 Docket update: Temporary/Limited Scope Appearance for defendant filed by Allen. Verified Petition for public funds filed by Allen.
3/27/24 Docket update: Limited appearance for defendant filed by Jennifer Auger [with matters related to the service of process & future depositions of FBI agents associated with the investigation & prosecution of Allen. Counsel further anticipates assisting Defendant Allen & his legal team with digital forensic issues surrounding the investigation & prosecution of Defendant Allen including, but not limited to conducting discovery, depositions & courtroom examinations regarding the same].
3/27/24 Docket update: Order Issued. The Court, having taken Defendant's Amended Motion to Compel & Request for Sanctions under advisement & having reviewed the State's Response filed 3/23/24, now denies the Defendant's Amended Motion to Compel & Request for Sanctions without hearing signed by Judge Gull. Noticed: N. McLeland, A. Baldwin, B. Rozzi, J. Luttrull & S. Diener.
3/28/24 Docket updates: Order Issued. Ex parte communication received from "LGW" ordered copied & sent to counsel of record & the Clerk of Carroll Circuit Court. Judicial Officer: Gull, Frances. Noticed: McLeland, , Baldwin, Rozzi, Luttrull & Diener signed on 3/27/24 [post #888, page 45, thread #178]. Order Issued. Court receives request for recording of Court proceedings by News Media, dated 3/12/24, from Cyndee Hebert, WTHR-TV & denies same. Judicial Officer: Gull, Frances. Notice Issued. Notice of mailing of transcript.
3/29/24 Update: Jury will be chosen from among 600 people. Special judge Frances Gull told 13News she expects jury selection to take approximately three days when the trial for defendant Allen begins in Fort Wayne on 5/13/24. She said the jury would then be sworn in on the fourth day, with opening statements beginning by Day 5. That means the jury could start hearing testimony on Friday, 5/17/24 from 9am to 5pm. After jury selection, the actual trial phase of the proceedings will take place at the Carroll County Courthouse in Delphi. Gull confirmed Allen’s trial will take place six days a week — Monday through Saturday — if there are no religious objections from any of the jurors. The judge has scheduled three weeks for the entire trial & expects it to be completed by 5/31/24. So far, she has not approved any media requests for cameras in the courtroom. Court staff said that arrangements have already been made for jurors to be lodged at a hotel close to Delphi. Their meals & activities will also be provided & paid for by Carroll County. Each juror will receive $80 per day for the first five days of the trial. After that, they’ll earn $90 per day for their service. Those rates are set by state law.
4/1/24 Docket update: Notice of Exclusion of Confidential Information [from Public Access]. Ex parte Motion for public funding filed. Notice to Court Filed. Defendant's Notice of Submission of Supplemental Exhibit List to the State. All filed by Allen.
4/1/24 Docket Update: The State filed a motion in support of Contemptuous Conduct. Proposed Finds of fact & conclusions of Law filed by State. State's Memorandum in support of Contemptuous Conduct [Post Contempt] hearing filed.
4/2/24 Docket update: Order Issued. Court orders ex parte communication from Kamie Redinbo, Kala Newell, Stacey L. Parker, Liza Trick, Hope Douglas, Paige Moore, Ann Smith, Stephanie Cope, Victoria Best & Oscar Lopez copied & sent to counsel of record & the Clerk of Carroll Circuit Court. Judicial Officer: Gull, Frances. Order Signed: 4/2/24.
4/2/24 Docket update: Order Issued. The Court, having had Defendant's Motion to Dismiss for Destroying Exculpatory Evidence under advisement following a hearing conducted on 3/18/24, now denies the Motion to Dismiss as the defendant has failed to show that the evidence was exculpatory & that it was destroyed negligently, intentionally, or in bad faith. The recordings of interviews between February 14-20, 2017 were lost due to human error or were spontaneously lost due to the equipment resetting. At the time the interview of Brad Holder was lost, he was not a key suspect in the case. The interview was memorialized in a written report provided to the defendant. Patrick Westfall was interviewed at his home by FBI agents. That interview was not recorded but was documented in a written report provided to the defendant. Patrick Westfall was not a key suspect in the case at the time of the interview. As neither Holder nor Westfall were suspects at the time the interviews were conducted, the defendant has failed to show that the lost interview of Holder was material & that the lack of a recorded interview of Westfall was material. As defendant must establish materiality to claim a denial of due process & Allen had failed to do so, his due process rights have not been violated. Judicial Officer: Gull, Frances. Order Signed: 4/2/24.
4/3/24 Docket update: Order Issued. State of Indiana's Motion for Leave of Court to Subpoena Third-Party Records (mental health records) filed 3/14/24 granted without hearing. Judicial Officer: Gull, Frances.
4/3/24 Docket update: State's response to Defense 3rd Motion for Franks Hearing [have not met the burden to warrant a Franks hearing]. Filed by Nicholas C. McLeland. [See post 637, page 32, thread #179].
4/5/24 Docket update: Notice of Discovery. Defense provided the independent Neuropsychological evaluation of Allen prepared by Dr. Polly Westcott & dated 3/31/24 filed by Bradley Rozzi.
4/8/24 Docket update: Notice of Exclusion of Confidential Information from Public Access. Filed by Allen. Motion filed. Ex Parte Motion to reconsider funds for Tech Experts & also funds for Administrative Assistants filed by Allen. Motion filed. Proposed Order on Ex Parte Motion to Reconsider Funds for Tech Experts & also Funds for Administrative Assistants. Filed by Allen. 4/8/24 Docket update: Notice of Exclusion of Confidential Information from Public Access. Motion filed. Ex Parte Motion to Reconsider Funds for Tech Experts & also Funds for Administrative Assistants. Motion filed. Proposed Order on Ex Parte Motion to Reconsider Funds for Tech Experts & also Funds for Administrative Assistants. All filed by Allen.
4/9/24 Docket update: Notice of Exclusion of Confidential Information from Public Access. Motion filed. Ex Parte Motion. Motion filed. Ex Parte Order. All filed by Allen.
4/11/24 Docket update: Motion to Suppress Statements filed by Allen.
link: 2024 4/11 Allen Motion.pdf.pdf
Memorandum of Law in Support of Defendant Allen's Motion to Suppress filed by Allen.
link: 2024 4/11 Motion for Leave.pdf.pdf
Motion for Leave of Court to Conduct Inmate Depositions filed by Allen.
link: 2024 4/11 Motion for Leave.pdf.pdf
4/12/24 Docket update: Notice of mailing of transcript. Noticed to: Nicholas McLeland, Andrew Baldwin, Bradley Rozzi, James Luttrull & Stacy Diener. Order granting Motion for Leave of Court to Conduct inmate Depositions by Judge F. Gull. Order signed 4/12/24. Correspondence to/from Court filed. Letter received from the Journal & Courier [Ron Wilkins, reporter]. [See post #807, page 41, thread #180 for letter].
4/11/24 Docket Update: Motion to Suppress statements filed by Allen. Memorandum of Law in Support of Defendant Allen's Motion to Suppress filed by Allen.
4/15/24 Docket update: Motion to Suppress the Accused Second Statement filed by Allen. Link: 2024 4/15 suppress 2nd statement .pdf
4/15/24 Docket update: Order Issued. Ex parte communication from James Beverton & Savas Gunn ordered copied & sent to counsel of record & the Clerk of Carroll Circuit Court by Judge Frances Gull. Noticed: McLeland, Baldwin, Rozzi, Luttrull & Diener.
4/16/24 Docket update: Witness and/or Exhibit List filed by Allen. Defendant's Notice of Submission of Supplemental Witness & Exhibit List to the State. Witness and/or Exhibit List filed. Supplemental Witness List & Exhibit Notice 2 filed by State.
4/18/24 Docket update: Order Issued. Court has received request for recording of Court proceedings by News Media from Erika Facey, WISH-TV & denies same. Copy to counse l of record & Clerk of the Carroll Circuit Court. Judge Frances Gull. Noticed: McLeland, Baldwin, Rozzi, Luttrull & Diener signed 4/17/24.
4/19/24 Docket update: Witness and/or Exhibit List filed. Defendant's Notice of Submission of Supplemental Witness List to the State filed by Allen.
4/23/24 Docket Update: Motion for Leave of Court to subpoena 3rd party records filed by State. [3rd Party documentation from Rushville PD/Attn: Chief Craig Tucker-see post #87, page 5, thread #182]. 4/23/24 Docket update: Motion to Compel & Motion for sanctions filed by Allen. [see post #89, page 5, thread #182]. 4/23/24 Docket update: State's objection to defendant's Motion to Suppress [filed 4/11/24] filed by McLeland. [see post #85, page 5, thread #182].
4/23/24 Update: Judge Gull issued three orders Tuesday that were published online Wednesday afternoon denying requests to record the trial. The denied requests were from News Media Coalition, an Indy TV station & a South Bend TV station.
4/25/24 Docket update: Order-granting request for subpoena Duces Tecum-Rushville Police Dept. by Judge Gull. Noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger signed on 4/23/24.
4/26/24 Docket update: State's response to Motion to Compel & Request for Sanctions filed. [See post #511 page 26, thread #182]. 4/26/24 Docket update: Service returned served: Lacy Patton, Jr. served in person by Elkhart County Sheriff on 4/26/24 @ 9:30am.
4/29/24 Docket update: Objection filed. Answer to Motion to Suppress 2nd Statement by State. Motion In Limine [asking the Court to limine out ANY evidence that someone else committed the crime] filed by State [see post 766, page 39, thread #182]. 4/29/24 Docket Update: Courthouse Management & Decorum Order for Jury Selection May 13-16, 2024 by Judge Frances C. Gull [see post #882, page 45, thread #182]. 4/29/24 Docket update: Appearance [Jennifer Auger] filed by Allen.
4/30/24 Docket update: Defendant Allen's 4th Franks Notice-motion filed [based on newly disclosed evidence & request for hearing-see post #1012 page 51, thread #182]. Response filed. Accused's reply to the State's Response to motion to compel & Sanctions. [see post #1012, page 51, thread #182]. 4/30/24 Docket update: Motion for Pretrial Conference hearing filed by Allen.
4/30/24 Docket update: Request for Subpoena Duces Tecum filed/3rd party documentation from ViaPath [prison calls]. Filed by State. Response to a Petition filed. Defendant's response to State's Motion in Limine & Request for hearing filed by Allen [see post #34, page 2, thread #183].
4/30/24 Update: Judge Gull's letter to Counsel. 2024-04-30 - Judge Gull's Email to the Parties.pdf
5/1/24 Docket update: Order Issued. The Court, having had this matter under advisement following a hearing conducted on March 18, 2024, & having reviewed the evidence admitted at the hearing (the Court did not review any evidence that was offered but not admitted), the arguments of counsel and the briefs & memorandums submitted by Counsel now finds that the State proved by a preponderance of the evidence that defense counsel was sloppy, negligent & incompetent in their handling of discovery materials. Counsel failed to properly secure evidence & discovery material in this matter. Counsel negligently allowed their discovery outline to be sent to an individual unrelated to this matter (Brandon Woodhouse) who then disseminated that information to the public. Counsel further allowed their discovery materials to be compromised by Westerman (who, in turn, provided the information to Fortson & Cohen). Counsel has described Westerman both as a criminal & a valued consultant & confidante. Despite this Court's findings of sloppiness, negligence & incompetence, the State is required to prove that Counsels' conduct was willful & intentional beyond a reasonable doubt for the Court to find Counsel in contempt. As the State has not met that burden, the Court declines to find them in contempt of Court for violating the Protective Order issued February 17, 2023, regarding discovery. The State has also alleged that defense counsel violated the "gag order" issued by the Court on December 2, 2022. Defense counsel issued a Press Release on December 1, 2022. The release contained statements that are potentially violative of the Rules of Professional Conduct. As Defense Counsels' Counsel correctly argues in his post-hearing brief, the gag order was not yet issued. As such, the Court declines to find Counsel in contempt of Court as no Order was in place. To the extent that the Press Release violated the Rules of Professional Responsibility, the Trial Court has no jurisdiction to enforce those Rules. As required by the Rules of Professional Responsibility, the Trial Court will, therefore, send a copy of this Order & the Press Release to the Office of Judicial & Attorney Regulation, Executive Director Adrienne Meiring for that Office to enforce the Rules or determine Counsels' ethical misconduct. Judicial Officer: Frances Gull. Noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger.
5/1/24 Docket Update: Order Issued. Defendant's Motion for Pretrial hearing State's Motion in Limine set for hearing in the Allen Superior Court 5/7/24 @ 9am without objection by the defense, who consents to the venue. Judicial Officer: Gull, Frances; Noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger.
5/2/24 Docket update: Motion filed. Motion to enter Stipulated Protective Order filed by Allen & IN DOC on 5/1/24. Hearing scheduling activity for 5/7/24 @ 9am before Judge Gull in Allen County. 5/2/24 Docket update: Transport Order entered by Judge Frances gull. Order Issued. Amended order reflecting 5/7/24 hearing date bu Judge Gull. Noticed to: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger. Motion Filed to nter Stipulated Protective Order by Allen & IN DOC.
link: Adobe Acrobat
5/3/24 Docket update: Order Issued. Court has received "Request for Recording of Court Proceedings by News Media" for a hearing on 5/7/24, from Jeff Wiehe WANE 15 & Cyndee Hebert WTHR-TV & denies same. Court has also received a "Camera in Court Request Form" request from Anthony Greeno, True Crime Investigates, and declines to consider same as this is not a news media outlet covered by I.C. 34-46-4-1. bu Judge Gull. Noticed to: McLelnd, Baldwin, Rozzi, Luttrull, Diener & Augur. Transport Order entered by Judge Gull.
