Found Deceased IN - Abby & Libby - The Delphi Murders - #155 *Richard Allen Arrested*

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Mountain_Kat

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I've had a busy couple weeks and haven't been able to follow every single post. Are RA's rights being violated with him not being represented by an attorney yet? Is this by his choice or what is going on?
He would have been read his Miranda Rights. It's his responsibility to hire an attorney or to ask the court to appoint one for him.
 

Hope32

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He would have been read his Miranda Rights. It's his responsibility to hire an attorney or to ask the court to appoint one for him.

I am going on a limb and saying that he may not have had a good chance to actually look for one. Between being moved between jails and such he may not have had a stable place to meet for a consult and/or had time to research or set up an appt. Along with changing of judges. I wouldn't doubt if we hear shortly that he has hired someone.
 

Nikynoo

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Nikynoo

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Not exactly true. The defendant and their attorney really make that call. A defense attorney may agree to allow their client to answers some questions, or advise their client not to speak to LE at all.
But if the suspect does not have an attorney, he can request one and if he requests an attorney, LE cannot question him until an attorney is present?
 

sleuth_truths

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It bothered me for so long that I couldn't seem to find a SINGLE photo of RA wearing anything similar to the hat on BG...until I found ONE. I assume many of us who've been neck-deep in this investigation have seen it. However, it originated from his wife's public FB account (before she deleted it). I have searched and searched for an MSM posting of it, but have been unsuccessful. I even put it into Google's Reverse Image search a few minutes ago. The results showed just a few places it's been posted, but not a single MSM link. Being personally victim-friendly (and TOS being victim-friendly, of course), do we just wait until it's posted by MSM or another approved-source before sharing it here (with the link)? TIA
 

Nikynoo

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I've had a busy couple weeks and haven't been able to follow every single post. Are RA's rights being violated with him not being represented by an attorney yet? Is this by his choice or what is going on?
Hello Tippy - long time no see :). At the initial hearing on 28th October, RA stated that he would seek his own counsel. RA has 20 days from the initial hearing to appoint counsel.
 

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Jealoushe

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One of the most disturbing elements of the KAK transcripts for me were the Sandy Hook victim pictures. I had no idea this sort of thing existed. I try to put it out of my mind, but I often wonder if KAK wanted to sell some photos and RA was "hired." Or maybe someone else hired RA and KAK provided the account to view them. I just feel like it's going to be something really sinister. I hated typing all that out but between the latest PC and the sealed documents I can't shake the same awful feeling I had as when I first read the transcript.
Agreed, that's one detail I can't let go of. And he was looking up pictures of that in between looking up CSAM so you know what he was doing with them...
 

Tippy Lynn

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Hello Tippy - long time no see :). At the initial hearing on 28th October, RA stated that he would seek his own counsel. RA has 20 days from the initial hearing to appoint counsel.
HI Nik :) Thank you for explaining. I was getting an uneasy feeling thinking down the road he might be able to find grounds for an appeal if his rights were being violated.
 

Charlot123

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I am going on a limb and saying that he may not have had a good chance to actually look for one. Between being moved between jails and such he may not have had a stable place to meet for a consult and/or had time to research or set up an appt. Along with changing of judges. I wouldn't doubt if we hear shortly that he has hired someone.
Either he had no time, or, he is not in a good frame of mind (might be). I also assume that he doesn’t want to spend money on just any lawyer, and many good ones would refuse. It has to be one licensed to practice in the state of Indiana. Imagine how few want to deal with this whole situation, especially, in such a case, etc. At the same time, absence of a decent attorney, together with sealed pc affidavit, would inevitably raise questions about the legality of the whole process.

ETA. To add to regular reservations, the judge said that he and his family were threatened. I wonder if it might dishearten any person to be involved in this case?

And since I don’t quite know how attorneys work, I guess they have a license to practice in a certain state? But in the “Dream Team” of OJ Simpson, not everyone was from California? Or does someone need to have the license in the state (say, Indiana), but he can retain the counsel of lawyers out of state, if needed?
 
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Sundog

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Either he had no time, or, he is not in a good frame of mind (could be). I also assume that he doesn’t want to spend money on just any lawyer, and many good ones would refuse. It has to be one licensed to practice in the state of Indiana. Imagine how few want to deal with this whole situation, especially, in such a case, etc. At the same time, absence of a decent attorney, together with sealed pc affidavit, would inevitably raise questions about the legality of the whole process.
I wonder if an attorney who is not licensed to practice law in Indiana can team up with an attorney who is licensed in Indiana, and in that way can represent RA.
 

infinit

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I have a question for you. If you had done something very bad and LE arrived with a search warrant, what would you think? What would you do?
It's a tough one. On one hand running to a degree implies guilt and would make it so you are always the suspect - And I'd struggle to ever live a normal life again, would wake up everyday wondering if today is the day, and would pretty much have to accept I'd never see my partner and child again.

Really it would depend on how confident I was that there wasn't anything to find, or that they could foreseeability find, and I'd have some confidence from the fact that if they had enough evidence, they'd be arresting me at the same time. On one side you basically guarantee your life changes forever by going on the run vs there being a fair chance of that by trying to carry on as normal.
 

Alethea

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Either he had no time, or, he is not in a good frame of mind (could be). I also assume that he doesn’t want to spend money on just any lawyer, and many good ones would refuse. It has to be one licensed to practice in the state of Indiana. Imagine how few want to deal with this whole situation, especially, in such a case, etc. At the same time, absence of a decent attorney, together with sealed pc affidavit, would inevitably raise questions about the legality of the whole process.
I am not admitted in Indiana so I do not know the specific rules but in the states where I practice, defendants can choose their own attorneys and if they qualify as indigent, the private attorney can petition to have the state pay the state-set appointed counsel rate. It is very, very low compared to what private attorneys can bill but it is a way for attorneys to receive some compensation in court appointed cases.

In those cases, you have to be "qualified" for the crime that's alleged. So if it is a death-penalty eligible murder case, you have to meet the state's requirements that often list like how many jury trials you have completed, how many "serious felony" cases you have handled, etc. So for him, since he does not seem to be independently wealthy to afford a $250k trial bill, he may be trying to meet with an interview the lawyers who both 1) meet the qualifications for a murder case and 2) are willing to accept some sort of appointed or blended fee agreement.

Also I will say there are still COVID precautions in jails and prisons that limit attorney visits. I don't know how much space these places have but I know it is much harder (still) to see incarcerated clients. There are also no-visit and no-transport orders when someone has COVID and other inmates may have been exposed. Again, I do not know about Indiana in particular but these are all considerations that may be delaying his counsel choice.
 
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Charlot123

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I wonder if an attorney who is not licensed to practice law in Indiana can team up with an attorney who is licensed in Indiana, and in that way can represent RA.
This is what I am thinking. From the legal standpoint, it would be almost better. I really want RA or anyone, or anyone else who killed the girls to be punished, full measure, but this case is marked by a constant lack of boundaries. JMO. You really want someone professional to join it, for the sake of justice.
 

Sundog

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Looks like an attorney licensed in a state, or states, outside of Indiana can apply to practice law in Indiana without taking the Indiana bar exam, if they apply to do so and meet certain criteria. So if there is a lawyer in another state who decides that he or she wants to represent RA, this appears to be one way they can proceed to do so.
 
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