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

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Well... dang.... I am going to post this anyway - and just say Cancelled - so I can shorten this up a bit. Getting way too long...

Also - wondering about this hearing - Defendant's motion to vacate safekeeping Order set for hearing on 5/22/24 @ 10am signed by Judge Gull.

Tuesday, May 21st:
*Motions Hearing-CANCELLED! (@ 9am ET) – IN – Abigail Joyce Williams (13) & Liberty Rose Lynn German (14) (Missing Feb. 13, 2017, found killed Feb. 14, 2017, after walking on a local hiking trail & were discovered around noon about 50 feet from the north bank of Deer Creek which is about 0.5 miles from the Monon High Bridge Trail, Delphi) – *Richard “Ricky/Rick” Matthew Allen (44 @ time of crime/50/now 51) arrested & booked (10/26/22) into the Carroll County Jail & charged & arraigned (10/28/22) with 2 counts of murder while committing or attempting to commit kidnapping of both victims. Plead not guilty. Held without bond.
Amended charges (1/18/24/granted 3/18/24): 2 counts of felony murder (knowingly & intentionally), 2 counts of murder (while committing or attempting to commit kidnapping of both victims). Transferred to White County jail from Carroll County for security reasons. And was transferred (11/2/22) to IN. DOC at Westfield Correctional Facility at a more secure facility. Was awaiting transfer to Westville Correctional Facility but Judge Gull denied move (6/15/23). She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. Judge Gull denied move (7/5/23). On 12/6/23 Allen was transferred from Westfield to Wabash Valley Correctional Facility (long term segregation). Allen was booked (5/6/24) into the Allen County Jail [for hearing on 5/7/24]. Allen back (5/7/24) to Wabash Valley Correctional Facility. Carroll County
Trial was set to begin with jury selection on 5/13/24 has been rescheduled on 10/14/24 (thru 10/17) & Trial reset to begin on 10/18/24. Mondays thru Saturdays from 9am to 5pm.
Allen County Judge Frances C. Gull has replaced Judge Benjamin Diener / Carroll County Prosecutor Nicholas McLeland & Special Prosecutor James David Luttrull, Jr.
Andrew Baldwin & Bradley Rozzi are Allen’s public appointed attorneys. Both attorneys withdrawn 10/19/23.
Defense attorneys Robert Cliff Scremin & William Santino Lebrato as Contract Public Defenders appointed on 10/27/23 & on 10/30/23 added Bradley Anthony Rozzi.
Now – Defense attorneys Andrew Baldwin & Bradley Anthony Rozzi. Added Jennifer Auger [addressing the circumstances surrounding digital forensics].
Jury will be chosen from among 600 people. Special judge Frances Gull expects jury selection to take approximately three days. She said the jury would then be sworn in on the fourth day (5/16/24) with opening statements beginning by Day 5, 5/17/24. That means the jury could start hearing testimony on Friday, 5/17/24. After jury selection, the actual trial phase of the proceedings will take place at the Carroll County Courthouse in Delphi. Gull confirmed Allen’s trial will take place six days a week — Monday through Saturday — if there are no religious objections from any of the jurors. Jury will be sequestered.

Charges, case & court info from 4/19/21 thru 5/2/24 reference post #841 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-183.711472/page-43

5/3/24 Docket update: Order Issued. Court has received "Request for Recording of Court Proceedings by News Media" for a hearing on 5/7/24, from Jeff Wiehe WANE 15 & Cyndee Hebert WTHR-TV & denies same. Court has also received a "Camera in Court Request Form" request from Anthony Greeno, True Crime Investigates, and declines to consider same as this is not a news media outlet covered by I.C. 34-46-4-1. bu Judge Gull. Noticed to: McLelnd, Baldwin, Rozzi, Luttrull, Diener & Augur. Transport Order entered by Judge Gull. Motions hearing on 5/7/24.
5/7/24 Update: Judge Frances Gull will discuss motions filed by prosecutors in the case asking for pieces of the defense’s argument not to be allowed before the jury. Defense withdrew motion for speedy trial. Trial is now set to begin on
10/14/24 thru 11/15/24. Next suppression & motions hearings on 5/21/24, 5/22/24 & 5/23/24. Docket update: Order granting Stipulated Protective Order. The defense also filed another motion to have Gull disqualify herself from the case. During a contentious hearing on Tuesday, Gull told Rozzi that she couldn’t understand why Allen’s team couldn’t defend their client during the time allotted for the trial. Rozzi argued that “you don’t know anything about this case,” citing a lack of pretrial hearings to debate potential evidence. Gull responded by saying with all her experience, it was bold of the defense to assume she didn’t know how long it would take." see post #14 here for more on the hearing:
https://www.websleuths.com/forums/t...hi-murders-richard-allen-arrested-184.712112/

5/8/24 Docket update: Motion for Pretrial Ruling on Admissibility filed by State. link:
Praecipe for transcript filed by Allen. Order Issued. From 5/7/24 hearing: Defendant appears in person & with counsel, Attorneys Bradley Rozzi, Andrew Baldwin & Jennifer Auger. State appears by Prosecuting Attorney Nicholas McLeland & Deputy Prosecuting Attorneys James Luttrell & Stacey Diener. Hearing held on defendant's Motion to Pretrial hearing filed 4/30/24. Defense counsel report to the Court that the scheduled trial dates of 5/13-31/24, are inadequate for trial. Defendant waives his speedy trial & moves for a continuance. State objects as they are ready for trial but leaves it to the Court's discretion. Defense motion granted. Jury trial ordered continued & reset to 10/14-11/15/24 at 9am in the Carroll Circuit Court. Defendant's Motion to Compel & Request for Sanctions, Defendant's two (2) pending Motions to Suppress, State's Motion in Limine, & State's Motion for Ruling on Admissibility all set for hearing 5/21 thru 5/23/24 at 9am in the Carroll Circuit Court. Defendant's third & fourth Request for Franks Hearing will be ruled upon & not set for hearing unless necessary. Judge Frances Gull. Noticed to: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger.

5/8/24 Docket update: Petition to Strike Gratuitous & Demeaning Commentary and/or "Findings" from Contempt Order filed by David R. Hennessy. Link: Petition to Strike
5/9/24 Docket update: Order Issued. Order granting praecipe for transcript by Judge Gull. Noticed to: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger. Order issued. The State of Indiana's Motion for Admissibility ordered set for hearing in the Carroll Circuit Court 5/21-23/24 at 9am by Judge Gull. Noticed to: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger.
5/13/24 Docket update: Motion to vacate Safekeeping Order [His attorneys are asking the judge to vacate a safekeeping order & transfer Allen to either the Tippecanoe or Cass County Jail] filed by Andrew Baldwin & Bradley Rozzi. Filed Verified Petition for Public Funds [to authorize the expenditure of public funds to reimburse attorney Auger.
5/16/24 Docket update: Order issued. Ex parte communication received from Lance R. Bloom ordered coped & sent to counsel of record & the Clerk of Carroll Circuit Court for filing in this case. Judicial Officer Gull, Frances; noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger. 5/16/24 Docket update: Order Issued. The Court has received a Request for Recording of Court Proceedings by News Media from Corryn Brock, WPTA, for October 14 - November 15, 2024 & denies same. Judicial Officer Gull, Frances; noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger. 5/16/24: Order Issued. The Court has received a Request for Recording of Court Proceedings by News Media from Corryn Brock, WPTA & from Cyndee Hebert, WTHR & Indy broadcast media for May 21-23, 2024 & denies same for all. Judicial Officer Gull, Frances; noticed: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger.
5/16/24 Docket update: Order or Judgment of the Court. Defendant's motion to vacate safekeeping Order set for hearing on 5/22/24 @ 10am signed by Judge Gull.
5/17/24 Docket update: Defendant's Motion to Continue hearings on all matters currently set to be heard 5/21-23/24. See post #620, page 31, thread #184. [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].
5/17/24 Docket update: Defense Second Verified Motion to Disqualify Judge & Request for findings of Fact & Conclusions of Law upon denial of this request, if this Court denies this request filed by Rozzi & Baldwin. See post #597, page 30 & post #622, page 31, thread #184.
5/17/24 Docket Update: State's response to Defense's 4th Motion for Franks hearing filed by Nicholas McLeland. See post #598, page 30, thread #184.
5/17/24 Docket update: State's Motion to Dismiss the Defense's Motion to Suppress [suppress Allen's statements while incarcerated] filed y McLeland. See post #599, page 30, thread #184.
5/17/24 Docket update: Order issued. Defendant's Motion for Continuance reviewed & denied in part. The Court scheduled this hearing at counsels' request who all indicted that they would make these dates work on their respective calendars. The Court will conduct hearings 5/21 thru 5/23/24, on Defendant's Motion to Suppress Second Statement [filed 4/15/24]; State's Objection to Defendant's Motion to Suppress [filed 4/15/24]; defendant's Motion to Compel & Motion for Sanctions [filed 4/23/24]; and Defendant's Motion to Vacate Safekeeping Order [filed 5/13/24; State's Motion in Limine [filed 4/28/24]; and defendant's Response to State's Motion in Limine. As defendant is not prepared to address his Motion to Suppress [filed 4/15/24] & the State's Motion for Admissibility, those matters are continued & will be reset at the conclusion of the hearings 5/21-23/24. Signed by Judge Gull; noticed to: McLeland, Baldwin, Rozzi, Luttrull, Diener & Auger. See post #608, page 31, thread #184.
5/20/24 Docket update: Order from the Court - advising that the hearings May 21-23 are cancelled due to Defendant's 2nd Verified Motion for Disqualification of Judge. [see post 741, page 38, thread #184]. Defendant's 2nd Motion to Dismiss filed [based upon newly discovered destroyed and/or missing exculpatory or potentially useful evidence. Memorandum/Brief filed [Memorandum of aw in support of defendant's 2nd motion to dismiss filed. [see post #722, page 37 for links]. 5/20/24: Notice of mailing of transcript issued.
 
That's on Nick because he introduced new discovery.
Not how I read it. The defense finally read some discovery and said, hey wait a minute there's more Odinist stuff you guys didn't give us, why didn't you give us it!? Same explanation, not everything investigated by LE is exculpatory. It wasn't relevant to the case against RA.
AJMO
 
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I feel like this second motion to dismiss is just the original Franks rewritten as a motion to dismiss.

20 pages devoted to Holder without one single piece of evidence to connect him to the crime IMO. Indeed all the evidence that would link him is conveniently missing/destroyed. The defence basically come out and allege that LE have intentionally destroyed the evidence against him because reasons.

98.Only so many coincidences can explain away why so much evidence
concerning Brad Holder and Odinism is still missing and why the
prosecution failed to turn over much of the evidence that the defense does
in fact possess concerning third-party suspects for nine months or more
and only after the prosecution knew that the defense would soon be
learning of the existence of that third-party suspect evidence.

I guess where i struggle to believe this is on level is that at the same time, they have filed to dismiss the Judge, preventing the very hearing where they could present their case for inclusion of 3rd party involvement. None of this is designed for Court in my opinion.


MOO / IMO etc.
 
This is old news as it posted 7 hours ago (2:00 pm ET)
x.com
@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.



View attachment 504845
2:03 PM · May 20, 2024
More games by the Defense to cancel the upcoming hearings they begged for but are not ready for. They instead want to continue to push out their false narratives to the public under the guise of Motions. There are no words to describe the depths of trickery and underhandedness this team will go to. Stall, delay, misinform, that is the name of their game.

R&B get your innocent boy Rick to trial and let the jury decide his fate if you're so confident in his innocence. Why keep delaying while poor Rick suffers in IDOC? Oh yeah, it's those darn confessions and the fact that he admitted to being there, dressed as BG the day of the murders and witnesses place him there. They have no recourse other than to sling ____ at the wall to see if ANYTHING can stick.

#Justice4Abby&LibbyAlways

moo
 
I pray these clowns are removed. I had no comment yesterday. To have these hearings cancelled is beyond me. I hope JG sent in her findings on their incompetence and I hope it’s ruled on before she lifts her finger to respond to this. Never seen lawyers troll their own case.
 
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.
View attachment 504802
The Defense has had Libby's phone info. since Sept 2023, they're just NOW investigating this? That's on the Defense, not the State. Maybe the State should have pulled out special reports and highlighted & marked them for the Defense like they are 5 years old? These guys have a combined 50+ years of experience like they remind us of at every opportunity. Well, that 50 years hasn't done you any favors at competently representing your client Defendant Allen.

Unbelievable how they paint the State as the incompetent ones, when they aren't even aware of what Discovery they have and if they even read it or not.

MOO
 
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.
View attachment 504802
It's just more of the same, the Odinists did it, the Odinists did it! We don't care that LE cleared them, we got Click. Now I guess we're adding Abbott to that? We just read this stuff like yesterday, because you know yoy've drown us in discovery...but not the important Odin stuff, you're sandbagging us Wah wah wah wahhhh:eek:

Just enough already, little boys crying direwolf.
All Just My Opinion
 
Yes. Unclear if the evidence is in the famous video or elsewhere on the phone.
You'd think the video would have been watched 100x over by RA's defense? And Libby's phone's information as well? If it is stuff from Libby's, why are the D just reviewing it now or asking about it to review now? That seems a bit odd
 
I can't remember the exact wording but I got the impression it was new. I didn't read that Nick said it was something the D had all this time.
If mention of it wasn't included in discivery...how did the D find out about it? I think of course it was mentioned, the D just never were diligent in looking at the discovery provided and now want to make a big deal about something that was their negligence. AJMO
 
If mention of it wasn't included in discivery...how did the D find out about it? I think of course it was mentioned, the D just never were diligent in looking at the discovery provided and now want to make a big deal about something that was their negligence. AJMO
5. Furthermore, again, on May 15, 2024 the prosecution provided a new phone extraction that the Defense believes will be useful for the Defense at the Motion in Limine hearing but needs additional time to review this voluminous extraction as well as the anticipated report that will be filed by First Sgt. Christopher Cecil that will also be useful at the Motion in Limine hearing.

6. It is surprising that the State of Indiana would object to a continuance of the Motion in Limine hearing when the State of Indiana only produced a piece of evidence that will be used at said hearing less than a week before said hearing.


 
It's just more of the same, the Odinists did it, the Odinists did it! We don't care that LE cleared them, we got Click. Now I guess we're adding Abbott to that? We just read this stuff like yesterday, because you know yoy've drown us in discovery...but not the important Odin stuff, you're sandbagging us Wah wah wah wahhhh:eek:

Just enough already, little boys crying direwolf.
All Just My Opinion
What? Can you show me where Abbott is mentioned in the documents of this scary case?
Which document and on what page will suffice. TIA
 
Hopefully this all gets chopped off at the knees now.

I'm quite fine with Gull recusing one way or the other, because it ends this tomfoolery for good. Especially if we get a detail oriented Judge who is a stickling for long form written rulings. There's no real reason to think another Judge will look more favourably on 20 page motions about a 3rd party POI containing not one piece of evidence connecting him to the murders.

Or she stays and these tactics are done for good.

I guess be careful what you wish for?

MOO / IMO
 
The Defense has had Libby's phone info. since Sept 2023, they're just NOW investigating this? That's on the Defense, not the State. Maybe the State should have pulled out special reports and highlighted & marked them for the Defense like they are 5 years old? These guys have a combined 50+ years of experience like they remind us of at every opportunity. Well, that 50 years hasn't done you any favors at competently representing your client Defendant Allen.

Unbelievable how they paint the State as the incompetent ones, when they aren't even aware of what Discovery they have and if they even read it or not.

MOO
Yet the crime photos are laying out in the open unsecured in their office on top of unread discovery. Most people know what kind of shop that is.
 
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