Abby & Libby - The Delphi Murders - Richard Allen Arrested - #184

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steeltowngirl said:
Delphi murder suspect Richard Allen requested that next week's hearings be rescheduled to allow more time for his attorneys to prepare.

To support Allen's request to continue next week's hearings, his attorney, Brad Rozzi, said the defense team's deposition with Dr. Monica Wala, Allen's psychologist from Westville Correctional Facility, is only partially completed. Rozzi believes the deposition can be finished next month.

"Additional time is necessary to not only conclude the deposition but to attain a certified transcript that might otherwise be used as evidence in the hearings on both party's Motions," Allen's motion states.

Additionally, Wala declined to answer some of the defense team's questions on the advice of state legal counsel, according to the motion filed Thursday night and published online Friday morning.

Allen's motion asks the court to preserve those questions so that the defense team can request the court's help to get answers.

Delphi murder suspect Richard Allen asks to reschedule May hearings
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Sounds like the deposition of Dr. Wala is getting contentious. :oops:
 
sunshineray said:
Because he's no longer in custody of the DOC. That's who was in charge of his safekeeping per the order. So either he's ensconced in a county jail somewhere or the ISP has him in a motel room or safe house? As of May 7th Indiana DOC is saying they don't have him anymore. At least that's what it looks like.
Click to expand...

The top entry says he is still in custody segregated at WVCF with no release date noted. So which is it?
The 5/7 date was the day of his hearing in Allen County. The release on his own recognizance isn't true. The media would be all over it if it was.

I don't put much trust in that site. My bil had a hearing for his Motion to Modify Sentence on 3/13/24. It was granted and he was released immediately. That site says he was released 3/20/24 when he wasn't. I was there, I picked up my elderly mil and we went to the hearing. Then I drove them to the county probation dept. to get his ankle monitor. After he was done there I took them home.

This site is more accurate but RA has never been on it since he hasn't been sentenced to the IDOC.

 
Today's updates @Niner

05/17/2024Motion for Continuance Filed
Motion for Continuance
Filed By:
Allen, Richard M.
File Stamp:
05/16/2024
05/17/2024Order Issued
Defendant's Motion to Vacate Safekeeping Order set for hearing May 22, 2024, at 10:00 a.m.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
05/16/2024
05/17/2024Hearing Scheduling Activity
Hearing scheduled for 05/22/2024 at 10:00 AM.
05/17/2024Motion to Dismiss Filed
Motion to Dismiss Motion to Suppress filed April 11, 2024.pdf
Filed By:
State of Indiana
File Stamp:
05/17/2024
05/17/2024Response Filed
Response to 4th Franks Motion.pdf
Filed By:
State of Indiana
File Stamp:
05/17/2024
05/17/2024Order Issued
Defendant's Motion for Continuance reviewed and denied in part. The Court scheduled this hearing at counsels' request who all indicated that they would make these dates work on their respective calendars. The Court will conduct hearings May 21-23, 2024, on defendant's Motion to Suppress Second Statement, filed April 15, 2024; State's Objection to Defendant's Motion to Suppress, filed April 15, 2024; defendant's Motion to Compel and Motion for Sanctions, filed April 23, 2024; defendant's Motion to Vacate Safekeeping Order, filed May 13, 2024; State's Motion in Limine, filed April 28, 2024; and defendant's Response to State's Motion in Limine. As defendant is not prepared to address his Motion to Suppress filed April 15, 2024, and the State's Motion for Admissibility, those matters are continued and will be reset at the conclusion of the hearings May 21-23, 2024.
Judicial Officer:
Gull, Frances -SJ
Noticed:
McLeland, Nicholas Charles
Noticed:
Baldwin, Andrew Joseph
Noticed:
Rozzi, Bradley Anthony
Noticed:
Luttrull, James David JR
Noticed:
Diener, Stacey Lynn
Noticed:
Auger, Jennifer Jones
Order Signed:
05/17/2024
05/17/2024Motion for Continuance Filed
Motion to Continue
Filed By:
Allen, Richard M.
File Stamp:
05/17/2024
05/17/2024Motion Filed
Defense Second Verified Motion to Disqualify Judge
Filed By:
Allen, Richard M.
File Stamp:
05/17/2024
05/21/2024Hearing
Session:
05/21/2024 9:00 AM, Judicial Officer: Gull, Frances -SJ
Session:
05/22/2024 9:00 AM, Judicial Officer: Gull, Frances -SJ
Session:
05/23/2024 9:00 AM, Judicial Officer: Gull, Frances -SJ
05/22/2024Hearing
Session:
05/22/2024 10:00 AM, Judicial Officer: Gull, Frances -SJ
Comment:
Motion to Vacate Safekeeping Order
 
Emma Peel said:
State's Response to the Defense's 4th Motion for Franks Hearing

Adobe Acrobat
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"The information that we have is that the girls were dropped off at the trails around 1:30 on February 13th, 2017 and that at 2:13 P.M. their kidnapper ordered them “down the hill”. There is no evidence that the girls were ever taken from the area or that they were brought back to the area later to be murdered. Every indication is that they were ordered down the hill and then murdered soon after. The historical location data from the AT&T “pings” does not mean the phone was not in the area during the evening of February 13th, 2017 until the morning of February 14th, 2017. It is another example of the Defense taking information and stating that it means something that it doesn’t. This is consistent throughout all their Franks’ motions. "

Here is the explanation for the confusion:

The Defense then goes on to mischaracterize Sergeant Blocher’s statements contained in Steve Mullen’s report.

Sergeant Blocher reports that from his evaluation, the last contact that the phone had with the cellular tower was at 5:44 P.M. on February 13th, 2017

The records from AT&T show that there has been no contact with the tower since then. From that information, he determined that the phone was no longer in the area, or no longer in working condition. The Defense wants this to mean that the phone is not in the area from the evening of February 13th, 2017 until the morning of February 14th, 2017. That is not what it means.

It means that since the “pings” were only showing the historical data location, the phone was not having contact with the tower. Sergeant Blocher explained that could be because the phone was not in the area, but it could also mean the phone was not working. This is consistent with the “pings” collected from February 13th, 2017 through February 14th, 2017. That the “pings” are giving an estimated longitude and latitude based on historical data location information not live “pings”. This information is consistent with the information in the probable cause.


 
So for the last two weeks, instead of getting ready for the evidentiary hearings, the defense teams has been working hard putting together more ridiculous stuff.
They do not want to try this case because RA is guilty and the evidence is overwhelming. Instead they want to whine about the judge and other off kilter things.
They want to whine about not having time to go through discovery but waste their time on this silly stuff. And it is silly and a complete waste of time and money. Their hate for JG far exceeds any desire they have to help RA or have justice served.
Argue the d@mn evidence you cowards!
My opinion.
 
StarryStarryNight said:
So for the last two weeks, instead of getting ready for the evidentiary hearings, the defense teams has been working hard putting together more ridiculous stuff.
They do not want to try this case because RA is guilty and the evidence is overwhelming. Instead they want to whine about the judge and other off kilter things.
They want to whine about not having time to go through discovery but waste their time on this silly stuff. And it is silly and a complete waste of time and money. Their hate for JG far exceeds any desire they have to help RA or have justice served.
Argue the d@mn evidence you cowards!
My opinion.
Click to expand...
No truer words have been spoken. They can't help but put things in that were already ruled out. This has to be illegal. If the judge didn't admit an exhibit why is there an entire footnote dedicated to the exhibit smh. Well Figs has entered the chat. Are we allowed to discuss him yet? He cleared all this up in a very nice succinct video a week or two ago.
 

DeDee said:
Are you mocking the fact that Odinists reside in Indiana or just that many prison guards are Odinists?

One Odinist was watching the police as the Wabash River was being searched. They don't typically hide who they are. They'll post their ceremonies on SM. Do you remember the Westville prison guard who was asked to remove the Odin patches rebelled by getting an Odin associated tattoo on his face?

AUG 30, 2022
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Is there a photo of this tatoo?
 
StarryStarryNight said:
So for the last two weeks, instead of getting ready for the evidentiary hearings, the defense teams has been working hard putting together more ridiculous stuff.
They do not want to try this case because RA is guilty and the evidence is overwhelming. Instead they want to whine about the judge and other off kilter things.
They want to whine about not having time to go through discovery but waste their time on this silly stuff. And it is silly and a complete waste of time and money. Their hate for JG far exceeds any desire they have to help RA or have justice served.
Argue the d@mn evidence you cowards!
My opinion.
Click to expand...
Agree. MOO its "attack the investigative process" defense. They all do it.
 
Not sure if we saw this document upthread.
Motion to continue hearings.
Mystery of RA’s whereabouts are solved.
  1. Also, the new motion required Richard Allen's signature and because Richard Allen has been moved back to Wabash Valley Correctional Facility, it is logistically difficult for Richard Allen to review the document and sign the document so that it comports with the legal requirements of a request for disqualification.
 

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Filed today 5/17/2024 3:04 pm.
Defense Motion #2 follow-up for Continuance on All Hearings scheduled for May 21-23.

(this Defense continuance motion (re: the DQ motion and new discovery submitted May 15th as to phone extraction info) is in addition to similar Defense continuance request (re: Dr. Wala) made 5/16/2024 7:41 PM.)

Motion to Continue All Hearings
 
Last edited:
Emma Peel said:
Filed today 5/17/2024 3:04 pm.
Defense Motion #2 follow-up for Continuance on All Hearings scheduled for May 21-23.

(this Defense continuance motion (re: the DQ motion and new exculpatory discovery submitted May 15th as to phone extraction info) is in addition to similar Defense continuance request (re: Dr. Wala) made 5/16/2024 7:41 PM.)

Motion to Continue All Hearings
Click to expand...
It’s like legal equivalent of Laurel and Hardy:

File speedy trial to avoid/ delay of contempt charges.
Contempt charges unfounded.
Complain about trial schedule so speedy trial is dropped.
Complain about delay in hearings
Judge schedules hearings.
File motion to recuse of judge. Cite delay in hearings as evidence of bias.
File motion to continue all hearings because of said motion to recuse.
Did I miss anything?
No wonder they can’t get anything done. No one can. All my opinion.
 
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