IN - Abigail Williams & Liberty German, Delphi, Media, Maps, Timelines NO DISCUSSION #2

ALLEN COUNTY, Ind. — When attorneys in the Delphi murders case arrive in court later this month, two pressing issues will be at hand.

Special Judge Fran Gull set a hearing for 9 a.m. on Feb. 12 in Fort Wayne, Indiana, focused on two motions filed by the prosecution in January. Richard Allen, charged with two counts of murder in the February 2017 deaths of Abby Williams and Libby German near the Monon High Bridge, is set to appear.

Attorneys Bradley Rozzi and Andrew Baldwin will represent Allen after their reinstatement by the Indiana Supreme Court on Jan. 18.

According to court records, Gull is expected to hear two issues: a Jan. 18 filing by Carroll County Prosecutor Nick McLeland to amend the charges against Allen and a Jan. 29 filing by McLeland seeking contempt of court against Rozzi and Baldwin.

...


Updated: FEB 2, 2024 / 07:21 AM CST

Again, the hearing on both issues is set for Monday, Feb. 12. Allen’s trial is scheduled for October.
 
Today, Rozzi moved to continue the Feb 12 hearing. Rozzi contends it was set w/o consultation & doesn’t provide adequate time to prepare. Would note the statute requires a “reasonable and just opportunity to be purged of the contempt.” I agree w/ Rozzi.

Rozzi also contends he is entitled to the appointment of a special judge pursuant to Ind. Code 34-47-3-7. I disagree. An exception to the special judge requirement is if the contempt grew out of willful disobedience of a court order.

Finally, Rozzi contends the court does not have authority to conduct a contempt proceeding bc a change of judge motion has been filed and is pending. I agree. The Indiana Supreme Court has stated that when “presented w/ a timely motion for change of judge, the trial judge is divested of jurisdiction to act in the case on any matter other than the motion for change of judge or emergency matters.” State ex rel Wade v. Cass Circuit Court, 447 NE2d 1082, 1083 (Ind. 1983).

It is difficult to contend the contempt issue is an emergency matter when the State filed its information over a year after the 1st allegation. Thus, Judge Gull must address Allen’s motion before proceeding any further.

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June 5, 2020

Rsbm

 
BREAKING: Delphi murders judge denies motion to disqualify citing Indiana Supreme Court's prior ruling



ALLEN COUNTY, Ind. — The judge in the Delphi murders has denied a motion to disqualify without a hearing citing a prior ruling from the Indiana Supreme Court.

Previous reports showed the defense team for Richard Allen, the defendant in the Delphi murders case was seeking to remove Special Judge Fran Gull from the case.

Attorneys Andrew Baldwin and Bradley Rozzi argued that Gull should be replaced or recused from the proceedings in favor of a different judge.

Delphi murders judge denies motion to disqualify citing Indiana Supreme Court’s prior ruling

Updated: Feb 7, 2024 / 09:56 AM EST
 
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Abby & Libby: Seven Years Later

DELPHI, Ind. — Today marks the seven-year anniversary of the day Abigail Williams and Liberty German lost their lives.

In a post on X, Liberty’s sister Kelsi, a graduate of Purdue University who now advocates for victims of violent crime, said “As the next couple of days pass, please share these faces. They’re the ones we want to see.”
 
@CBS4Indy

7 years ago, two best friends set off down remote trails in Delphi. They never returned.“As the next couple of days pass, please share these faces. They’re the ones we want to see."Remembering Abby and Libby:


 
@CoffindafferFBI

“Due to a DVR program error discovered on 9-20-2017 all recordings up to February 20th, 2017, were recorded over. There is no detectible audio found on this drive.

”This is a BIG deal.

Mind boggling, and I believe this to be the tip of the iceberg regarding ineptitude on the part of the LEOs involved in this investgation.

Let me tell you how it works.

You record and then you place that recording in evidence (in the FBI it went to what we called the ELSUR) where all original electron evidence is safeguarded.

The ELSUR clerk made working copies which we safeguarded, listened to and disseminated per rules of Discovery.

There is absolutely 0 excuse for taping over interviews in a murder investigation- 0!

How the heck are Abby and Libby ever going to get justice?



https://21alivenews.com/2024/02/07/recorded-over-richard-allens-attorneys-claim-key-evidence-destroyed-delphi-murders-case/

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10:11 PM · Feb 18, 2024

 
When interviewed by police in 2017, Allen said he was on the trail on the afternoon of the murders, according to the probable cause affidavit.

In an Oct. 13, 2022, interview, Allen told police he saw juvenile girls on the trails east of Freedom Bridge and said he went onto the Monon High Bridge, near where the girls were killed.

This year, Allen "again admitted" to police "that he was on the trail but denied knowing Victim 1 or Victim 2 and denied any involvement in their murders," according to the probable cause affidavit.

Allen "has been consistent" in police interviews over the years, former FBI agent and ABC News contributor Brad Garrett said. "He put himself at the scene, on the bridge."

...


December 1, 2022, 5:08 AM
 

Allen's gun linked to crime scene​

According to video recovered from one of the victim's phones, Abby or Libby mentioned "gun" as a man approached them, the probable cause affidavit said.

A .40-caliber unspent round was found less than 2 feet away from one of the girls' bodies, and that unspent round went through a gun that Allen owns, according to the probable cause affidavit.

Garrett explained that an "unspent bullet is one that has the casing and the projectile still together." To get that, he said one of two things happens: 1.) Someone tries to fire the gun but it's a faulty bullet and it doesn't fire, or 2.) The gun jammed, which Garrett said is common.

During a search of Allen's home on Oct. 13, 2022, officers found knives and guns, including a "Sig Sauer, Model P226, .40-caliber pistol," the probable cause affidavit said.

...


December 1, 2022, 5:08 AM
 
Indiana State Police's analysis of Allen's gun "determined the unspent round located within two feet" of one of the victims "had been cycled through Richard M. Allen's Sig Sauer Model P226," the probable cause affidavit said.

"When asked about the unspent bullet, [Allen] did not have an explanation of why the bullet was found between" the girls' bodies, the probable cause affidavit said.

When Allen voluntarily spoke to police on Oct. 26, 2022, he said he never allowed anyone to borrow that gun, which he said he owned since 2001, the document added.

Garrett said he doesn't understand why it took police so many years to match an unspent round from the crime scene to a gun owned by a man who lives in Delphi.

Garrett said he hopes investigators went to all of the local gun stores to see their records of sales of .40-caliber-type weapons. Garrett said he's solved homicide cases that way, because typically a perpetrator buys a gun legally near his or her home, he said.


While it's unclear if police did go to gun stores, Garrett think it's unlikely because there was no mention of a gun in the case until the probable cause document was released Tuesday.


...



December 1, 2022, 5:08 AM
 
Investigators also cite a witness who saw Allen walking with "clothes that were muddy and bloody," according to the probable cause affidavit.

According to Garrett, it's unlikely Allen would be bloody if a gun was the only murder weapon, unless Allen handled the bodies in some manner.

Garrett said it's possible that the gun jammed and the killer turned to another weapon.

Knives were also found at Allen's home, according to the affidavit.

"Why would the police withhold [the cause of death]? The only thing I can think of is it was too gruesome, in their mind, to release," Garrett said. "It seems like there is something more to it than just a gun."

...



December 1, 2022, 5:08 AM
 

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