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

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Motion to Dismiss
DEFENDANT’S SECOND MOTION TO DISMISS BASED UPON
NEWLY DISCOVERED DESTROYED AND/OR MISSING EXCULPATORY OR POTENTIALLY USEFUL EVIDENCE

Dismiss.pdf.pdf


Memorandum
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT’S SECOND
MOTION TO DISMISS ...

Memorandum in Support of Dismiss.pdf
From the motion to dismiss, the attached paragraph caught my eye. Now, I don’t at this point trust the D to tell me what is exculpatory. But I’d like to know what their claim is.
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It makes me think it's all nonsense, not relevant.
Well, she said this partial quote below.
What do you think is looming ahead that would make it necessary?

05/08/2024Order Issued

Defendant's third and fourth Request for Franks Hearing will be ruled upon and not set for hearing unless necessary.
 
So the hearing is cancelled for tomorrow through Thursday?

So the defense wants hearings and complains the judge won't hold hearings and then they get one, but then want to continue the hearing and it's denied so they file a motion (at the last minute) to remove the judge that would require she respond before having a hearing? So the judge has no choice but to deal with it first before the hearing can be held so now she has to cancel the hearing?

:rolleyes::rolleyes:

Again more games.
Yes
I don’t think this case will ever get to trial IMO
I think defense’s plan is to create as much havoc and then get RA to a county jail where he will end his miserable life.
The defense will hit all the SM circuits and then won’t have to take the “L” in court.
I don’t think this about RA or his guilt or innocence or justice for A&L anymore.
All my opinion
They can cut and paste from the Constitution but they can’t spell Turco’s name correctly.

Oh well. Guess RA will sit in prison since the motion for safekeeping hearing is not happening.
section 39 was a hot mess express as well. IMO
Plus correct me if I’m wrong but didn’t BH state he was interviewed by FBI in his home in 2018 in regards to the Delphi case.
JMO
 
I'm not sure why these motions aren't sealed. Defamatory to people who have not been charged with a crime, as well as revealing the identity of tipsters. Bad, bad form.

This is all very transparent to me. Conflate missing things and insist there are smoking guns within.

IIRC the Defense has not substantiated a SODDI defense ... but is attempting to do so in the public sphere.

IMO LE has narrowed the time frame and probably did get data dumps for upwards of a hundred people who may have been at the bridge from say 1 to 5pm, which would include searchers as well. LE doesn't and can't get into any and everybody's phones!

If BH is captured, say, on cctv AT HIS JOB between noon and 5pm plus/minus, how would they ever even secure a warrant? Without probable cause? He may have been looked at hard, had little to offer, but a solid alibi. Next.

And I see the Defense is back on pings. Useful data for finding a phone in real time fast, but nowhere near the precision of GPS/CAST analysis which assuredly has been handed over.

The Defense is trying hard to move the crime window beyond 7 pm or even into the next day, likely to a time where RA has an alibi and for which others haven't had to supply one. They're trying hard to get RA off the bridge.

To me, this is akin to finding a body in a serial killer's dumping ground, only to have digital and forensic evidence linking a single person to the crime, completely unconnected to the serial killer. Would the serial look good for the murders? Sure. Known killer. Familiar location. And LE would surely investigate that, but they follow the evidence and the evidence points at the lone wolf, that's where they go. At trial, the serial killer is a patsy SODDI but they have to bend the facts to even pretend he's responsible and unless it meets the requirements for SODDI, a judge can rule that it's NOT RELEVANT and rule against testimony at trial.

Just because someone considered someone and questioned them doesn't mean they are a suitable SODDI under the rule of law.

I am not a lawyer but I find it GROSSLY INGENUOUS for the Defense TO NAME innocent people as THE MURDERER/S without even filing a proper SODDI Defense.

Reckless IMO.

JMO
 
This is old news as it posted 7 hours ago (2:00 pm ET)
https://x.com/NewsyBarbara
@NewsyBarbara

#Delphi 3-day pretrial hearing set to begin tomorrow is cancelled as judge is reviewing the defense's Second Motion to Disqualify Judge. Judge says it's a 42 page document. Defendant is scheduled to go on trial in October.



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2:03 PM · May 20, 2024
 
Well, she said this partial quote below.
What do you think is looming ahead that would make it necessary?

05/08/2024Order Issued

Defendant's third and fourth Request for Franks Hearing will be ruled upon and not set for hearing unless necessary.
Just what the judge said, not set for a hearing unless necessary...unless #4 contains something the others haven't to date...something relevant. MO
 
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