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

[AugustWest]

When a jury is brought in from another county, besides making them drive back and forth every day, what other choice is there besides sequestration?

Good point, and I have no good response for that.

 

[FrostedGlass]

If the prosecution already knows the subject matter of the statements, then the prosecution and psychologist have already violated the privilege. Interesting indeed.

Jorgensen v. State, 574 NE 2d 915 - Ind: Supreme Court 1991 - Google Scholar

scholar.google.com

https://www.apadivisions.org/division-31/publications/records/indiana-record-keeping-laws.pdf

She granted him access to RA's records without a hearing. (I think)
From mycase:
03/14/2024 Motion Filed
3rd Request for Medical Health Records.pdf
Filed By:State of Indiana
File Stamp:03/14/2024

03/14/2024 Motion Filed
4th Request for Mental Health Records.pdf
Filed By:State of Indiana
File Stamp:03/14/2024

04/03/2024 Order Issued
State of Indiana's Motion for Leave of Court to Subpoena Third-Party Records (mental health records) filed March 14, 2024 granted without hearing. State of Indiana's Motion for Leave of Court to Subpoena Third-Party Records (medical records) filed March 14, 2024, granted without hearing.
Judicial Officer:Gull, Frances -SJ
Order Signed:04/02/2024

 

[Ravenmoon]

I kinda think she should have just conceded to an open ended trial that would then get this thing done and over with. Especially since jurors weren't selected yet. What would have been the problem with that?

Maybe there was an issue with the hotel?

Do you think that the Defense possibly would have asked for more time if she had been able to secure the housing for 2 or 3 more weeks? I kinda do.

The trial had been scheduled for October previously, and that seems to be the best fit for timing, for preparation, etc.

JMO

 

[photographer4]

Another filing:
PETITION TO STRIKE GRATUITOUS AND DEMEANIG COMMENTARY AND/OR “FINDINGS” FROM CONTEMPT ORDER

In reading this, what amused me most was the lack of professionalism in its writing. See point #10 for my best example of this.

 

[WildHuncher]

Another filing:
PETITION TO STRIKE GRATUITOUS AND DEMEANIG COMMENTARY AND/OR “FINDINGS” FROM CONTEMPT ORDER

“Demeaning” misspelled. 10 points off up front.

 

[photographer4]

Maybe the judge is going on vacation?

You would think that she would have
A) said so - were this the case.
B) advised the parties months ago of her intent to do so.

I don't believe that was her reasoning here. We'll never know since she isn't keen to do more than lazy summary judgements much of the time.

 

[photographer4]

She granted him access to RA's records without a hearing. (I think)
From mycase:
03/14/2024 Motion Filed
3rd Request for Medical Health Records.pdf
Filed By:State of Indiana
File Stamp:03/14/2024

03/14/2024 Motion Filed
4th Request for Mental Health Records.pdf
Filed By:State of Indiana
File Stamp:03/14/2024

04/03/2024 Order Issued
State of Indiana's Motion for Leave of Court to Subpoena Third-Party Records (mental health records) filed March 14, 2024 granted without hearing. State of Indiana's Motion for Leave of Court to Subpoena Third-Party Records (medical records) filed March 14, 2024, granted without hearing.
Judicial Officer:Gull, Frances -SJ
Order Signed:04/02/2024

Ohhh this might be it! Thank youuuu!

 

[photographer4]

Maybe there was an issue with the hotel?

Do you think that the Defense possibly would have asked for more time if she had been able to secure the housing for 2 or 3 more weeks? I kinda do.

The trial had been scheduled for October previously, and that seems to be the best fit for timing, for preparation, etc.

JMO

Were it an issue with extending the hotel time, why not just state that to the courtroom?

 

[TTF14]

Maybe there was an issue with the hotel?

Do you think that the Defense possibly would have asked for more time if she had been able to secure the housing for 2 or 3 more weeks? I kinda do.

The trial had been scheduled for October previously, and that seems to be the best fit for timing, for preparation, etc.

JMO

Do you mean the defense was essentially playing chicken when they asked her to extend the trial with the original May dates?

The trial was scheduled to end on a holiday weekend. Maybe she figured it was too much of a hassle if jurors (or herself) had vacations already planned?

 

[photographer4]

“Demeaning” misspelled. 10 points off up front.

You found a better example than I did! LMAO.

 

[AugustWest]

She granted him access to RA's records without a hearing. (I think)
From mycase:
03/14/2024 Motion Filed
3rd Request for Medical Health Records.pdf
Filed By:State of Indiana
File Stamp:03/14/2024

03/14/2024 Motion Filed
4th Request for Mental Health Records.pdf
Filed By:State of Indiana
File Stamp:03/14/2024

04/03/2024 Order Issued
State of Indiana's Motion for Leave of Court to Subpoena Third-Party Records (mental health records) filed March 14, 2024 granted without hearing. State of Indiana's Motion for Leave of Court to Subpoena Third-Party Records (medical records) filed March 14, 2024, granted without hearing.
Judicial Officer:Gull, Frances -SJ
Order Signed:04/02/2024

I am laughing so hard at this five-alarm dumpster fire. She should have made an in-camera review of the records before just handing them over to the prosecution. Sigh.

 

[photographer4]

Nick is inexperienced, so he gets a pass in not realizing this sooner, but yeah, the defense attorneys definitely should have. Naysayers will say "because they knew all along they would not be going to trial in May." However, they did request to keep the trial on schedule and just extend the time and the judge said no. Other things had probably already been scheduled so she couldn't is my guess.

IMO MOO

I can understand if other things are already scheduled why that may have precluded her from extending this particular matter, but one has to wonder, why not just articulate that, so that people can understand instead of just assuming that she is biased against the Defense?

 

[TTF14]

You found a better example than I did! LMAO.

I wish ALL of of these attorneys would hire a proofreader! Or at least use Grammarly!

 

[photographer4]

I'm confused, as usual.
How is this even a choice? OR am I misunderstanding the situation?

The judge refused to extend the trial days and wouldn't set a limit for how long Nick could take.
The D's choice was: 1. take your chances with what's here or skip the speedy trial and take this new date (months out).

Exactly! She backed the Defense into yet another corner here!

 

[FrostedGlass]

Ohhh this might be it! Thank youuuu!

That one triggered me a bit. I've always assumed mental and physical records are protected. HIPAA and all that. I had to sign to get my own dental X-rays sent to me.

RA's apparently were given away with just a scribble of a judge's pen and no hearing.

 

[Ravenmoon]

Were it an issue with extending the hotel time, why not just state that to the courtroom?

Do we have transcripts from yesterday so that we know what actually was discussed?

 

[Megnut]

I missed when it occurred, but the State must have been granted access to RA's medical record (mental health record) while incarcerated. Now, having seen those reports, they want to call the treating professional to testify, supported by law which offers that exception when there's information relevant to a homicide trial.

Looks to me like the criterion is met.

Another manner of confession bringing us to... a number that grows by day.

JMO

 

[AugustWest]

I missed when it occurred, but the State must have been granted access to RA's medical record (mental health record) while incarcerated. Now, having seen those reports, they want to call the treating professional to testify, supported by law which offers that exception when there's information relevant to a homicide trial.

Looks to me like the criterion is met.

Another manner of confession bringing us to... a number that grows by day.

JMO

Not at all supported by law. The prosecution is allowed the statements if they relate to homicide. However, they shouldn't already know the content of the reports.

If the prosecution already knows the contents of the reports, then the psychologist-patient privilege has already been breached. Which is not how these matters should go down.

If they don't know, then they should ask for an in-camera review by the judge. Only then should they be granted the information.

 

[TTF14]

That one triggered me a bit. I've always assumed mental and physical records are protected. HIPAA and all that. I had to sign to get my own dental X-rays sent to me.

RA's apparently were given away with just a scribble of a judge's pen and no hearing.

She really does not like hearings.

 

[TTF14]

Not at all supported by law. The prosecution is allowed the statements if they relate to homicide. However, they shouldn't already know the content of the reports.

If the prosecution already knows the contents of the reports, then the psychologist-patient privilege has already been breached. Which is not how these matters should go down.

If they don't know, then they should ask for an in-camera review by the judge. Only then should they be granted the information.

I'm so glad you are here. We don't think you enough. Thank you!