Abby & Libby - The Delphi Murders - Richard Allen Arrested - #180

[TTF14]

I had to chuckle at some of the things I've seen online lol. One said when NM read the "exparte" motion he said "EXPARTE (expert) that's me!"

All jokes aside how did it happen? Was it filed incorrectly? Even so the right thing to do would be not to read it.

And the smart thing would be not to put details about it in your next motion.

 

[katydid23]

Are they "motion bombing?" Or is this a typical amount of motions leading up to a double murder trial?

Usually, at this point, just a month out of trial, the motions would be specifically about the upcoming trial itself---like which evidence will be admitted or suppressed, agreed witness lists, etc.

The defense is asking for money for administrative assistants and new experts so they seem to be behind schedule, imo.

 

[susiQ]

And the smart thing would be not to put details about it in your next motion.

Indeed! That would have been the smart thing, but……

 

[FrostedGlass]

IF an ex party prosecution motion was accidentally sent to the defense, do you think they'd open it?

No, No and No. They would know, that for them, it would be an instant contempt charge.
IMO

 

[katydid23]

Do you have the exact wording of the gag order? I would like to see it if you do. Attorneys talk to office staff often about their cases. We talk to secretaries, legal assistants, receptionists. No one in the office normally signs a disclosure agreement.

I agree about them speaking to office staff. I worked in my Dad's law firm when I was in college.

MW was NOT office staff at that time. He was not an employee. He had been one at an earlier time but he worked somewhere else at the time of the incident.

When an attorney is working on a high profile murder case, where there is a gag order, what do they do with the sealed documents and pictures? Would they normally be left on top of a table in an unlocked, unsupervised room?

I know that in my father's law office, documents like that were kept in locked cabinets or locked desk drawers. Never out in the open on a table with no one in charge of them. JMO

 

[TTF14]

Usually, at this point, just a month out of trial, the motions would be specifically about the upcoming trial itself---like which evidence will be admitted or suppressed, agreed witness lists, etc.

The defense is asking for money for administrative assistants and new experts so they seem to be behind schedule, imo.

How could they NOT behind schedule with all the delays the State has made in getting them Discovery, denying they have evidence they do have (i.e. the professor's identity, the geofence report), losing evidence, Nick wasting time pushing the contempt issue NOW (instead of after trial), etc. IMO, MOO.

 

[katydid23]

No, No and No. They would know, that for them, it would be an instant contempt charge.
IMO

I'm not so sure about that. Especially if it was not marked correctly, showing it as ExParte. JMO

 

[TTF14]

MW was NOT office staff at that time. He was not an employee. He had been one at an earlier time but he worked somewhere else at the time of the incident.

When an attorney is working on a high profile murder case, where there is a gag order, what do they do with the sealed documents and pictures? Would they normally be left on top of a table in an unlocked, unsupervised room?

I know that in my father's law office, documents like that were kept in locked cabinets or locked desk drawers. Never out in the open on a table with no one inn charge of them. JMO

But is there a law about that? Is it illegal if you don't lock it all up in cabinets?

 

[sunshineray]

I agree 100%. And a personal note....I regret it took me this long (without divulging my actual age) to really "get it" in terms of the struggle disadvantaged defendants have in getting an adequate defense. My eyes have been opened to how people REALLY feel....that poor defendants are not entitled to a good defense. They aren't entitled to experts or anything that may help exonerate them. Simply because they are defendants and poor. This viewpoint is implied over and over even right here in this discussion. This isn't the place to bring race into it, obviously, but I can't help but think about it in a much broader perspective.

That's not the case at all, IMO. I take issue with the unethical actions RA's defense had displayed numerous times. Everyone is suppose to turn a blind eye to grossly negligent behavior (yes the judge got that one right, IMO) that compromises a fair trial. This trial, before it's even in the courtroom, has now gone over the edge. I fear any outcome will be declared a mistrial...which has probably been the defense's scheme/strategy all along. AJMO

 

[Ravenmoon]

How could they NOT behind schedule with all the delays the State has made in getting them Discovery, denying they have evidence they do have (i.e. the professor's identity, the geofence report), losing evidence, Nick wasting time pushing the contempt issue NOW (instead of after trial), etc. IMO, MOO.

And yet the defense filed a motion for a speedy trial.

 

[katydid23]

How could they NOT behind schedule with all the delays the State has made in getting them Discovery,

Is the State really behind in Discovery or is that a false accusation? I think the defense is behind in looking through all those terabytes.

denying they have evidence they do have (i.e. the professor's identity, the geofence report), losing evidence, Nick wasting time pushing the contempt issue NOW (instead of after trial), etc. IMO, MOO.

Why wouldn't Nick want the contempt hearing beforehand? It will be meaningless afterwards.

 

[FrostedGlass]

I'm not so sure about that. Especially if it was not marked correctly, showing it as ExParte. JMO

We don't know exactly how the P had access.
I can tell you when I see something like this (and IANAL) I know it's not for my eyes.

12/21/2022

Motion Filed Ex Parte Motion Authorizing Funding for Fact Investigator Filed By: Allen, Richard M. File Stamp: 12/21/2022

 

[sunshineray]

That's a good point, so why are so many people so angry about raising money for a defense?

I can speak for myself. DH is not RA's attorney yet he's the one setting up the fund. Now he will have to ask RA (It's 100% RA's money) everytime monies need to be disbursed. Has RA given him POA to do the disbursing as he see fit? Does this make him RA's attorney and in communication with RA about his expert witnesses? Is he being paid with any taxpayer's money? Not that I know of? He's only RA's attorney's attorney. Is he a consulting attorney in RA's case, maybe pro bono? Is he then also under the gag order? It doesn't seem so as he's lately been talking to anyone who will listen. This co-mingling is very unsightly and it doesn't sit well. AJMO

 

[sunshineray]

Because of the hashtag use.
It is NOT okay to use the victims names to collect funds for the person accused of killing them.

That's it.

Part of it for me

 

[zh0r4]

I absolutely think (IMO, MOO) they were, I just hadn't heard that definitively. I think they've been going around for years. And I think, my opinion and theory, that they were being sold (or attempted to be sold). IMO.

Considering the other type of demented things people can buy on the dark web, I don’t personally think there would be much of a market for crime scene photos. Anything is possible-this is JMO.

 

[TTF14]

And yet the defense filed a motion for a speedy trial.

Before they knew of 70 days (is that correct?) of "lost" evidence and the geofence stuff the State never intended to hand over (IMO).

 

[FrostedGlass]

I can speak for myself. DH is not RA's attorney yet he's the one setting up the fund. Now he will have to ask RA (It's 100% RA's money) everytime monies need to be disbursed. Has RA given him POA to do the disbursing as he see fit? Does this make him RA's attorney and in communication with RA about his expert witnesses? Is he being paid with any taxpayer's money? Not that I know of? He's only RA's attorney's attorney. Is he a consulting attorney in RA's case, maybe pro bono? Is he then also under the gag order? It doesn't seem so as he's lately been talking to anyone who will listen. This co-mingling is very unsightly and it doesn't sit well. AJMO

Do you have any link showing that the money is RA's? I don't believe that's correct.

 

[TTF14]

I can speak for myself. DH is not RA's attorney yet he's the one setting up the fund. Now he will have to ask RA (It's 100% RA's money) everytime monies need to be disbursed. Has RA given him POA to do the disbursing as he see fit? Does this make him RA's attorney and in communication with RA about his expert witnesses? Is he being paid with any taxpayer's money? Not that I know of? He's only RA's attorney's attorney. Is he a consulting attorney in RA's case, maybe pro bono? Is he then also under the gag order? It doesn't seem so as he's lately been talking to anyone who will listen. This co-mingling is very unsightly and it doesn't sit well. AJMO

Good points. I hadn't thought of this.

 

[zh0r4]

I'm glad someone said it. The prosecution really benefitted.

This. In fact, the leak is what was used to try and remove the D from the case.

 

[Ravenmoon]

Before they knew of 70 days (is that correct?) of "lost" evidence and the geofence stuff the State never intended to hand over.

The Defense has admitted more than once that the State handed over evidence that they could have missed.