IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #163

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Hmmmm. Did RA say something to medical staff at Westville that his defense team does not want to be brought into his trial case file?
Well, if he did outside of Patient/Dr. privilege that might be a problem for RA, partial ruling was denied:

The Motion to Quash the Subpoena Duces Tecum directed to Westville Correctional Facility regarding audio/video recordings, written observations, recordings, phone calls, written requests, or other documentation is denied.

MOO
 
05/30/2023Order Issued
The Court, having had the defendant's Motion to Quash Subpoena under advisement, now grants the Motion to Quash the Subpoena Duces Tecum directed to Westville Correctional Facility relating to defendant's mental health records, mental health evaluations and/or exams, medical documentation and/or medical evaluations. The Motion to Quash the Subpoena Duces Tecum directed to Westville Correctional Facility regarding audio/video recordings, written observations, recordings, phone calls, written requests, or other documentation is denied. The Motion to Quash the Subpoena Duces Tecum directed to CVS Headquarters is denied. The defense Motion to Reconsider and Request for Due Process Hearing ordered set for hearing June 15, 2023, at 10:00 a.m. The hearing currently set on defendant's request for bail is ordered converted to a hearing on defendant's Motion to Suppress.
Judicial Officer: Gull, Frances -SJ
Order Signed: 05/25/2023

I take this to mean that this order only applies to mental health and medical records at Westville.
Why has the prosecution not filed requesting a psychological evaluation of their own.(or have they and I am unaware).
 
Genuinely curious as to what you think the Allens have been naive about so far?

Speaking with LE without an attorney before his home was searched and he was subsequently arrested? RA's denying council at his first hearing?

I believe both of these were done out of arrogance not naivety.

ALL MOO
Speaking to LE 3 times about a murder, without an atty. That alone will likely create major problems for him. I suspect he was asked at some point if it was OK to search his property and he would have agreed to that, not knowing that he didn't have to. MOO

I have no idea how his initial hearing went in regard to requesting a public defender. In all the lower court cases that I've listened to, the accused is asked about assets. If they have assets, they are asked if they intend to hire their own atty. If they say "no, I want you to appoint me one", then they go through the list: do you own property, do you have a bank account, do you have anyone who will loan you money, etc. So I do not fault RA for taking a few of the days he's allowed by law to see if he could pay for his own atty.

At this point, I haven't seen anything that would lead me to think he did things out of arrogance. He's apparently never been in trouble with the law; so yes, I think he's naïve. I've seen interviews with his co-workers and none of them said they thought he was an arrogant man.
 
I take this to mean that this order only applies to mental health and medical records at Westville.
Why has the prosecution not filed requesting a psychological evaluation of their own.(or have they and I am unaware).
I think it applies to any medical/mental health records in Indiana. I don't know how other states handle this. I'm not even sure why the state want his records or how it will benefit them. I'll have to look at the Oberhansley case to see how they handled his mental issues.
 
Here is Indiana's HIPAA Medical Release form which patients sign. As naïve as the Allens have been so far, IMO, someone should be checking to make sure he didn't consent to the release of his medical records.

With SH's comment in mind, I have to ask: Does the State not know Indiana law in this matter?

I think the State does understand the Indiana law run this matter, but my first reaction when I first saw the court rulings was that the State went ahead and asked for his medical records because they knew it would be denied----meanwhile their other requests went through.

I think it might have been a strategy,, knowing that most judges try to be even handed. So swing for the stars on one request, knowing it will be squashed.
 
I think the State does understand the Indiana law run this matter, but my first reaction when I first saw the court rulings was that the State went ahead and asked for his medical records because they knew it would be denied----meanwhile their other requests went through.

I think it might have been a strategy,, knowing that most judges try to be even handed. So swing for the stars on one request, knowing it will be squashed.
That could be it. There's maybe a message in their motion, as well, since the defense is the first one to publicly bring up RA's mental health. Jmo.
 
the male from the couple identfied himself online and eventually was harassed and accused to no end ..he was publicly accused of being BG by the podcast ( true crime garage )..this stupid thoery had more than you imagin supporters
they used his personal pictures side by side with second sketch to prove this rubbish

Not only didn't he resemble BG, he is tall and rather slim. The wide margin of heights provided by the LE, from 5'6" to 6', made some zoom on unsuitable people, accusing them of being BG. "They say, 6', so he can easily be 6'2"". Lots of people were unjustly accused, or had to put their lives, careers or self-improvement on hold.
 
So frustrating with how slow things move in the justice system. Just my rant of the day :D
These poor families have been dealing with the murders and the aftermath for 6 + years and I can't even imagine how painful a trial is going to be on them.

Yes, the wheels of justice turn slowly at times, but I feel RA is the right man and he is going down.

ALL MOO
 
These poor families have been dealing with the murders and the aftermath for 6 + years and I can't even imagine how painful a trial is going to be on them.

Yes, the wheels of justice turn slowly at times, but I feel RA is the right man and he is going down.

ALL MOO
I sure hope Justice does come. So many disappointing situations right now with key cases. Barry Morphew seemingly walking away and maybe even getting a payout?

Big problems in the Hailey Dunn case---problems with the DA's paperwork apparently.... :-[

Things looking rough in the Moscow 4 case, possibly. We'll wait and see , of course. But it makes me nervous about this one as well now.
 
So frustrating with how slow things move in the justice system. Just my rant of the day :D

OT, responding to @Salah11 and many who share that feeling.

Read through this one, you'll feel soooo much better:


jmho
 
These poor families have been dealing with the murders and the aftermath for 6 + years and I can't even imagine how painful a trial is going to be on them.

Yes, the wheels of justice turn slowly at times, but I feel RA is the right man and he is going down.

ALL MOO
Maybe more evidence that points to it being Richard Allen is released later, but at this point in the case the only thing that suggests the killer was Richard Allen is the toolmark evidence from the cartridge that was ejected from the gun.

The Monon High Bridge Trail is a public place so I am not certain that only Richard Allen was there either. The police have sketches of some other man who was there around the time the girls were abducted and murdered.

Only time will tell whether or not police arrested the right man.
 
Maybe more evidence that points to it being Richard Allen is released later, but at this point in the case the only thing that suggests the killer was Richard Allen is the toolmark evidence from the cartridge that was ejected from the gun.

The Monon High Bridge Trail is a public place so I am not certain that only Richard Allen was there either. The police have sketches of some other man who was there around the time the girls were abducted and murdered.

Only time will tell whether or not police arrested the right man.
And his lies.
Lying is a form of comfesion.
 
Maybe more evidence that points to it being Richard Allen is released later, but at this point in the case the only thing that suggests the killer was Richard Allen is the toolmark evidence from the cartridge that was ejected from the gun.

The Monon High Bridge Trail is a public place so I am not certain that only Richard Allen was there either. The police have sketches of some other man who was there around the time the girls were abducted and murdered.

Only time will tell whether or not police arrested the right man.

I would say the unspent bullet linked to RA’s gun is the only physical evidence they have that we know of at this time. We know absolutely nothing about evidence collected from the crime scene other than that unspent bullet. and LE and Ives said there was a lot of it.
The prosecution has a tight timeline of witnesses, security video, etc. Again that is only what we know they have. That being said, the witness testimony is corroborated by RA himself which is kinda extraordinary.
RA’s initial interview with LE right after the murders contained very little information. He says he was at the trails, gives approximate times, saw no one but the three teen girls, was checking the stock ticker on his phone.
It was not until LE interviewed him again in 2022 that he discusses what he was wearing and that he actually was on the bridge. Important information he left out.
LE had a witness very early on that had seen a man on the bridge standing on the first platform. This person saw no one else. This witness walking away from the bridge passed two girls believed to be Abby and Libby on their way to the bridge. RA, in 2022, admitted to being on the bridge standing on the first platform. To me, this is the most important circumstantial evidence the prosecution has, again, that we know of. In 2017, a witness saw only one man on the bridge just before the girls got to the bridge. In 2022, RA places himself in that exact spot.
For 5+ years LE begged for tips and specifically a name. I always thought that was odd. Give us a name. Another way of saying, “solve the case for us” I thought. It makes sense now. LE had evidence early. My guess is they tried matching a lot of names to that early evidence and it never matched. Then they got RA’s name and things started to match up, witness statements, timelines, security video, unspent bullet. The last piece of the puzzle.
I am fairly certain they have the right guy. I do not believe anybody else was involved with the murders themselves or someone would have been arrested by now. RA has every reason to rat out any accomplices, but he hasn’t. I kinda doubt anybody was helping him after the fact conceal things for the same reason, no arrests. I do think there were people who might have wondered about if RA was involved but rationalized it away. That’s unfortunate, but it’s not a crime.
RA is apparently not taking well to prison. My thoughts are that there is a lot more d@mning evidence that arrives at RA’s attorney’s offices everyday.
Sorry this is so long.
Just my thoughts as I impatiently wait for a trial or a guilty plea(which I think is very possible).
 
I would say the unspent bullet linked to RA’s gun is the only physical evidence they have that we know of at this time. We know absolutely nothing about evidence collected from the crime scene other than that unspent bullet. and LE and Ives said there was a lot of it.
The prosecution has a tight timeline of witnesses, security video, etc. Again that is only what we know they have. That being said, the witness testimony is corroborated by RA himself which is kinda extraordinary.
RA’s initial interview with LE right after the murders contained very little information. He says he was at the trails, gives approximate times, saw no one but the three teen girls, was checking the stock ticker on his phone.
It was not until LE interviewed him again in 2022 that he discusses what he was wearing and that he actually was on the bridge. Important information he left out.
LE had a witness very early on that had seen a man on the bridge standing on the first platform. This person saw no one else. This witness walking away from the bridge passed two girls believed to be Abby and Libby on their way to the bridge. RA, in 2022, admitted to being on the bridge standing on the first platform. To me, this is the most important circumstantial evidence the prosecution has, again, that we know of. In 2017, a witness saw only one man on the bridge just before the girls got to the bridge. In 2022, RA places himself in that exact spot.
For 5+ years LE begged for tips and specifically a name. I always thought that was odd. Give us a name. Another way of saying, “solve the case for us” I thought. It makes sense now. LE had evidence early. My guess is they tried matching a lot of names to that early evidence and it never matched. Then they got RA’s name and things started to match up, witness statements, timelines, security video, unspent bullet. The last piece of the puzzle.
I am fairly certain they have the right guy. I do not believe anybody else was involved with the murders themselves or someone would have been arrested by now. RA has every reason to rat out any accomplices, but he hasn’t. I kinda doubt anybody was helping him after the fact conceal things for the same reason, no arrests. I do think there were people who might have wondered about if RA was involved but rationalized it away. That’s unfortunate, but it’s not a crime.
RA is apparently not taking well to prison. My thoughts are that there is a lot more d@mning evidence that arrives at RA’s attorney’s offices everyday.
Sorry this is so long.
Just my thoughts as I impatiently wait for a trial or a guilty plea(which I think is very possible).
I think this is a great post.
 
Maybe more evidence that points to it being Richard Allen is released later, but at this point in the case the only thing that suggests the killer was Richard Allen is the toolmark evidence from the cartridge that was ejected from the gun.

The Monon High Bridge Trail is a public place so I am not certain that only Richard Allen was there either. The police have sketches of some other man who was there around the time the girls were abducted and murdered.

Only time will tell whether or not police arrested the right man.
That is the only evidence we the public know of since the gag order was issued. I'm positive LE, FBI and the many other agencies have compiled a mountain of evidence to support a conviction.

All MOO
 
I would say the unspent bullet linked to RA’s gun is the only physical evidence they have that we know of at this time. We know absolutely nothing about evidence collected from the crime scene other than that unspent bullet. and LE and Ives said there was a lot of it.
The prosecution has a tight timeline of witnesses, security video, etc. Again that is only what we know they have. That being said, the witness testimony is corroborated by RA himself which is kinda extraordinary.
RA’s initial interview with LE right after the murders contained very little information. He says he was at the trails, gives approximate times, saw no one but the three teen girls, was checking the stock ticker on his phone.
It was not until LE interviewed him again in 2022 that he discusses what he was wearing and that he actually was on the bridge. Important information he left out.
LE had a witness very early on that had seen a man on the bridge standing on the first platform. This person saw no one else. This witness walking away from the bridge passed two girls believed to be Abby and Libby on their way to the bridge. RA, in 2022, admitted to being on the bridge standing on the first platform. To me, this is the most important circumstantial evidence the prosecution has, again, that we know of. In 2017, a witness saw only one man on the bridge just before the girls got to the bridge. In 2022, RA places himself in that exact spot.
For 5+ years LE begged for tips and specifically a name. I always thought that was odd. Give us a name. Another way of saying, “solve the case for us” I thought. It makes sense now. LE had evidence early. My guess is they tried matching a lot of names to that early evidence and it never matched. Then they got RA’s name and things started to match up, witness statements, timelines, security video, unspent bullet. The last piece of the puzzle.
I am fairly certain they have the right guy. I do not believe anybody else was involved with the murders themselves or someone would have been arrested by now. RA has every reason to rat out any accomplices, but he hasn’t. I kinda doubt anybody was helping him after the fact conceal things for the same reason, no arrests. I do think there were people who might have wondered about if RA was involved but rationalized it away. That’s unfortunate, but it’s not a crime.
RA is apparently not taking well to prison. My thoughts are that there is a lot more d@mning evidence that arrives at RA’s attorney’s offices everyday.
Sorry this is so long.
Just my thoughts as I impatiently wait for a trial or a guilty plea(which I think is very possible).
Twinsies, I replied before I read your post. :)
 
June 15th and 16th (if needed) is coming up fast. I wonder what we'll learn, if anything, at RA's bail hearing?

Indiana is a state that has no bail on murder, so I expect him to be sitting right where he is until trial.

MOO

Delphi murder suspect's new trial date will be set this summer

from my notes:

The defense Motion to Reconsider & Request for Due Process Hearing ordered set for hearing 6/15/23 @ 10am. The hearing currently set on defendant's request for bail is ordered converted to a hearing on defendant's Motion to Suppress.
 
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