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

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Well, but he was stupid enough to leave his victim's phone, though. Or else he was brazen enough to leave it intentionally. Agreed, though, I can't picture him returning.
There comes a time in crime analysis when you have to set aside logic and reason for a period of time and just follow where the facts lead you. Then you try to make sense of it, in chorus with the facts. In this case, good luck with that. :p
 
@Niner I thought you might want this for your records, too. It's Judge Gull's decision to decline charging attorney Brad Rozzi and attorney Andrew Baldwin in contempt of Court.
05/01/2024Order Issued
The Court, having had this matter under advisement following a hearing conducted on March 18, 2024, and 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 and memorandums submitted by Counsel now finds that the State proved by a preponderance of the evidence that defense counsel was sloppy, negligent, and incompetent in their handling of discovery materials. Counsel failed to properly secure evidence and 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 and Cohen). Counsel has described Westerman both as a criminal and a valued consultant and confidante. Despite this Court's findings of sloppiness, negligence, and incompetence, the State is required to prove that Counsels' conduct was willful and 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 and the Press Release to the Office of Judicial and Attorney Regulation, Executive Director Adrienne Meiring for that Office to enforce the Rules or determine Counsels' ethical misconduct.
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: 04/30/2024
 
I recall an interview with BP and I think her hub and Kelsi and they said that there were flashlights everywhere that night they were searching, but it was so dark, they could only see the flashlights. I can't recall where that interview was though but it was an on camera one if that jogs anyone's memory.
The Jason Hebert interview. Delphi Murders: Interview with Mike and Becky Patty
 
Weren't those attorneys given an opportunity to be heard in open court and resigned in chambers instead? Therefore wasn't it their decision which prevented RA from witnessing it on the record?

Defendants in Judge's chambers -- that defies all sense. Attorneys, yes. They are agents of the court. Attorneys, yes. They represent defendants. Defendants, no. Hard stop.

JMO
Yes. Judge Gulls only problem was not hauling them into open court and over their leaking. She let them resign, and they took advantage of the softness.
 
Judge says Richard Allen’s public defenders were “sloppy, negligent and incompetent” in handling evidence, but she will not impose sanctions because the state failed to prove the conduct was willful & intentional. She set a new hearing next Tue in the #Delphi murders case.

https://twitter.com/BobSegallWTHR




On Wednesday, Gull set a pre-trial hearing for May 7 where the defense and the prosecutor can discuss some of their concerns about the upcoming trial scheduled to begin May 13.




Gull set that hearing for 9 a.m. May 7 in Allen County.

 
Yes. Judge Gulls only problem was not hauling them into open court and over their leaking. She let them resign, and they took advantage of the softness.
She had a proper way to do things. She chose not to. The Supreme Court took care of that.
Now she had her chance to find the D in contempt. She couldn't do it.
All the months she took the D off the case, all the time wasted with the contempt charge...
All the money wasted
Now it moves on to the Office of Judicial and Attorney Regulation.

Where it goes from here is a guess; so I'll guess that the Ds make sure the Office sees the Indiana Supreme Court
opinion, the affidavits of the 11 attys who came to court to testify for the D and the MW case where AB is considered
the victim. What else have I missed?
MOO
 
I believe once RA left the crime scene the girls were out there alone until they were found.

Nobody would be stupid enough to go back out there when searchers were about. I believe it had spread though the small community that they were missing so that would of been a fool’s errand.

Moo
I am not a profiler by any means but I think this crime was planned by RA. I am do not think that he ever planned on transporting them elsewhere as he parked too far away. I believe he planned to commit the crime where he did. I don’t believe he planned on being photographed and I don’t believe he knew he had been photographed until his photo came out by ISP.
I don’t think he had a reason to take or mess with the phone. To me once 3:30 came he had to get out and all other plans were canceled. Taking the phone would have been a risk. Messing with it could mean a risk.
I think he brought his own recording devices and I think it’s quite interesting that he used a camera to memorialize his assault and they used a camera to capture him the beginning of the assault. JMO
The devil always comes for his due.
I believe that SW found more than we would ever want to see or know.

JMO
 
https://drive.google.com/file/d/1F6NxWdajU-LkXH4b9bCb6qfdFIVxgBke/view

So many questions!!
- the phone was pinged successfully at 5:44pm on the 13th of Feb on the day the kids were missing per point #10.

But it seems like the State had evidence of many other pings - 44 to be precise, but they didn't bother to tell the Defence until November 9, 2023?? What the heck? Why would they not?

Further, it would seem that there were 2 pings from Feb 13, 2017 - at 5:48pm & 7:16pm. (point #13).

How does the State explain their failure to tell the Defence this information?? Then point #22 states that the phone pinged AGAIN on Feb 14, 2017 at 4:33am. Clearly it wasn't turned off or out of the area at that point if it pinged the tower again, right??? So what happened? Did the kids (and the phone) leave the area and come back? Did the phone travel with someone in a turned off state and then get returned to the spot where it was found under the body? Did it get put in airplane mode and then taken out of airplane mode for it to ping again? Would airplane mode have prevented it pinging?

This is very weird so I hope the State has a darn good explanation for the entire situation!
The state didn’t tell the defense on Nov 9, 2023 - they didn’t share this info with them until 4 DAYS AGO on 4/26/24.
 
I am not a profiler by any means but I think this crime was planned by RA. I am do not think that he ever planned on transporting them elsewhere as he parked too far away. I believe he planned to commit the crime where he did. I don’t believe he planned on being photographed and I don’t believe he knew he had been photographed until his photo came out by ISP.
I don’t think he had a reason to take or mess with the phone. To me once 3:30 came he had to get out and all other plans were canceled. Taking the phone would have been a risk. Messing with it could mean a risk.
I think he brought his own recording devices and I think it’s quite interesting that he used a camera to memorialize his assault and they used a camera to capture him the beginning of the assault. JMO
The devil always comes for his due.
I believe that SW found more than we would ever want to see or know.

JMO
How could he have planned this when he didn’t know the girls, didn’t have any idea they’d be there that day, and there’s been zero evidence of anything connecting him with the girls?
 
The judge has an overwhelming contempt for the defense and it's pouring out of the bindings of everything related to the case. I've never seen such bias before.
She just dismissed contempt charges against them despite their brazen diaregard to handling sensitive crime scene photos. Leaked to possibly hundreds of people. Perhaps thousands. IMO
I couldn’t disagree with you more.
At least she made record with so SCION so RA can’t come back and claim incompetent counsel because defense waived that right for him during their argument.
Also now the state of Indiana is off the hook for damages for the actions of the appointed attorneys. AB & BR are dangling in the wind and they can face those civil suits for leaking crime scene photos on their own. It was proven they were negligent. It was proven they were supposed to be entrusted with the evidence and they were not. IMO

The bar may be high for contempt charges ( intentional and willful) but much lower for civil lawsuit for harm caused by their negligence and incompetence.
How could he have planned this when he didn’t know the girls, didn’t have any idea they’d be there that day, and there’s been zero evidence of anything connecting him with the girls?
he planned the trap. Just like a hunter plans a trap for an animal. IMO
Stranger on stranger crimes happen everyday. IMO there is evidence linking him to the girls. The crime itself.

JMO
 
The state didn’t tell the defense on Nov 9, 2023 - they didn’t share this info with them until 4 DAYS AGO on 4/26/24.
Defense is playing fast and loose with facts. On 4/26/24, Defense received an organized summary of specific info that they already had in their possession. Prosecution had to do the work for them.

9. That upon receipt of the email from the Defense on April 16th, 2024, the State began looking for the documents that the Defense was requesting. Not only did the State confirm that they had already received much of the information that they were requesting, but also the State began to pull the information out of the 26 terabytes and separate it into individual folders for easy access for the Defense.
10. That much of the information that the Defense requested is not even discovery in this case. Meaning that the evidence is not going to be used by the State at trial nor is it exculpatory to Richard Allen.
11. That on April 26th, 2024, the State of Indiana provided a response to the Defense emails that included a letter explaining what was handed over, as well as a zip drive and hard drive that organized the information they requested into easy access folders.

 
She had a proper way to do things. She chose not to. The Supreme Court took care of that.
Now she had her chance to find the D in contempt. She couldn't do it.
All the months she took the D off the case, all the time wasted with the contempt charge...
All the money wasted
Now it moves on to the Office of Judicial and Attorney Regulation.

Where it goes from here is a guess; so I'll guess that the Ds make sure the Office sees the Indiana Supreme Court
opinion, the affidavits of the 11 attys who came to court to testify for the D and the MW case where AB is considered
the victim. What else have I missed?
MOO

What else have you missed?

"unique contempt" maybe?

IMO, The Judge has passed further review and decisions on possible sanctions to the named Board. Gull has found against contempt, found against willful and against intent, found against violating the gag order, found against violating the protective order, and is passing decisions as to sanctions for being sloppy, etc. to that Board - likely b/c of Trial timing and to avoid "the appearance of bias".

She's washed her hands of the matter. Sort of.

JMHO
 
If the judge rules in favor of the State and won't allow criminal records of anyone to be discussed in the trial (paraphrasing), does that also mean the defense team can't talk about Richard Allen's lack of a criminal record?
 
What else have you missed?

"unique contempt" maybe?

IMO, The Judge has passed further review and decisions on possible sanctions to the named Board. Gull has found against contempt, found against willful and against intent, found against violating the gag order, found against violating the protective order, and is passing decisions as to sanctions for being sloppy, etc. to that Board - likely b/c of Trial timing and to avoid "the appearance of bias".

She's washed her hands of the matter. Sort of.

JMHO
But her written decision made her bias even more apparent. Scathing disdain for them. lol.
 
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