Two bodies found in Carroll County

[HoughMade]

Just when you thought it couldn't get more bizarre.

Delphi murder suspect's defense claims key evidence destroyed, wants charges dropped

Richard Allen's defense team says the prosecution destroyed "material interviews of key suspects."

www.indystar.com

In their filing, they claim that they were told by the prosecution (some time ago) that a digital recording device malfunctioned and all recordings before a certain date in Feb. 2020 were lost and they claim there would have been a recording of an interview with one of the Odinists they flat-out accuse of the murders.

Will be interesting to see how this shakes out. I am not prejudging the issue at least until I hear a response.

But when we see stranger and stranger things in this case, remember that this can be a strategy. They can't have press conferences, so they file a motion with what they want to get out there. In this case, of course, it works. It started with the 136 page brief bringing up the Odinists to begin with and this is more of the same.

We are living in an unprecedented time of people questioning everything said at every level of gvt....evidence based or not. They are seeking to inject reasonable doubt by inviting the possible jury venire to believe there is TV movie-of-the-week level conspiracy.

Oh, and the Judge denied the motion to disqualify her.

 

[HoughMade]

The promised Opinion from the Ind. Sup. Ct. has been issued- when the Court issued the Order, it said it would be issuing an Opinion explaining its reasoning. Here it is. Still reading.

[ETA] key holding as to reinstatement of counsel: "The record does not reflect the special judge disqualified counsel only as a last resort after balancing her effective -assistance - of - counsel concerns against the prejudice to Allen that would result from substituting counsel."

As to the other issues (ordering a trial within 70 days and disqualifying the judge) The Sup. Ct. found that these were not "extraordinary circumstances warranting relief." This is the standard for one of these rare cases taken directly to the Ind. Sup. Ct. In other words, these can be dealt with by the trial court and the normal appeals process if necessary.

As an aside, for the first time in my life, I have 2 cases pending decision in the Ind. Sup. Ct....and no one outside of lawyers and various healthcare providers care about those cases. Heck, I find the Allen case much more interesting myself.

 

[Mij]

The promised Opinion from the Ind. Sup. Ct. has been issued- when the Court issued the Order, it said it would be issuing an Opinion explaining its reasoning. Here it is. Still reading.

Not even going to attempt the lawyer speak. Maybe when you finish you can give us a three sentence cliffs notes. Not going to ask you to write a novel.

 

[wagyu52]

https://www.newsnationnow.com/video...d-says-she-was-his-sex-tool-banfield/9449235/

Oh boy.
I know her. Yeah…

 

[KellyinAvon]

Defense now pushing for "speedy trial". @HoughMade if you could chime in please.

Defense wants Delphi murder trial to start within 70 days

CARROLL COUNTY, Ind. — The attorneys representing the man accused in the Delphi murders want the trial moved up from its current scheduled date of Oct. 15. Richard Allen is charged with two counts …

fox59.com

 

[HoughMade]

Indiana Rule of Criminal Procedure 4:

"...(B) Defendant in Jail - Motion for Early Trial. A defendant held in jail on a pending charge may move for an early trial. If such motion is filed, a trial must be commenced no later than seventy calendar days from the date of such motion except as follows:

(1) delays due to congestion of the court calendar or emergency are excluded from the seventy-day calculation;

(2) the defendant who moved for early trial is released from jail before the expiration of the seventy-day period; or

(3) an act of the defendant delays the trial.

If a defendant is held beyond the time limit of this section and moves for dismissal, the criminal charge against the defendant must be dismissed."

The exceptions don't swallow the rule, but they are very significant. Let's see what the Court does.

 

[injb]

Indiana Rule of Criminal Procedure 4:

"...(B) Defendant in Jail - Motion for Early Trial. A defendant held in jail on a pending charge may move for an early trial. If such motion is filed, a trial must be commenced no later than seventy calendar days from the date of such motion except as follows:

(1) delays due to congestion of the court calendar or emergency are excluded from the seventy-day calculation;

(2) the defendant who moved for early trial is released from jail before the expiration of the seventy-day period; or

(3) an act of the defendant delays the trial.

If a defendant is held beyond the time limit of this section and moves for dismissal, the criminal charge against the defendant must be dismissed."

The exceptions don't swallow the rule, but they are very significant. Let's see what the Court does.

Is there any requirement that the act in #3 happens after they file? Or could the judge say that it's delayed due to some previous act and that counts as an exception?

 

[HoughMade]

Is there any requirement that the act in #3 happens after they file? Or could the judge say that it's delayed due to some previous act and that counts as an exception?

I'm not a criminal defense attorney, but since the trigger for the 70 days to start running is the filing of the motion, I would imagine that it would have to be a delay between the filing of the motion and the deadline....or I guess something that is ongoing at the time the motion is filed.

 

[HoughMade]

So, the parties are gearing up for the hearing on the contempt issue against the defense counsel...and things are getting weird more weird.

Some filing today and among them, a letter from Gary Beaudette who, apparently does a YouTube/podcast thing sometimes talking about the case.

Oh, and the amateur "detectives" out there is social media land are way more harm than good. Incompetently false accusations or claimed insider information, which is what so many of the podcasts and YouTube channels traffic in, have the real potential to screw up a serious case in many ways.

 

[HoughMade]

Trial set for mid May.

 

[KellyinAvon]

Trial set for mid May.

Delphi murder trial moved up to May 13

CARROLL COUNTY, Ind. — Special Judge Fran Gull has granted the defense team’s request to move up the murder trial for Richard Allen, the man accused of killing teen girls Abby Williams and Li…

fox59.com

 

[GregD]

Since the day the girls were found things have been getting more and more strange.
What a mess !

 

[Mij]

Delphi murder trial moved up to May 13

CARROLL COUNTY, Ind. — Special Judge Fran Gull has granted the defense team’s request to move up the murder trial for Richard Allen, the man accused of killing teen girls Abby Williams and Li…

fox59.com

Thanks, couldn’t get @HoughMade ‘s link to open, just said blank page. Wanted me to click another link to download.

 

[HoughMade]

Thanks, couldn’t get @HoughMade ‘s link to open, just said blank page. Wanted me to click another link to download.

Should just open as a pdf in whatever pdf reader you have.

 

[HoughMade]

Here is another filing from today.

Both this e-mail and the letter attached in post 2109 above are from amateur/podcast "investigators". The first talks about how the crime scene photos were offered to him and he contacted the prosecutor to ask what to do and was told to delete them.

He further goes on to state that the defense or people working with them have made threats against him and misrepresented the writer's actions. It is my take that he is being accused of conspiring with the prosecutor for some reason. He claims he attached a google drive file that has evidence of the false accusations.

The attachment below is an e-mail which purports to attach evidence that the defense attorneys were leaking confidential information to certain podcasters about the case. Implying, I guess that the crime scene photo leak , and other leaks, were intentional by the defense.

I'm just an observer here. I know nothing!

 

[HoughMade]

IMHO Defense is filing motions to get their narrative to the media because they can't have a press conference.

It's kinda transparent, but allowed.

 

[KellyinAvon]

This hearing is a contempt hearing against the defense counsel, who were removed by the judge, then put back on by Indiana Supreme Court.

This is not a hearing concerning the Prosecutor having access to info he shouldn't have, or the withholding of evidence involving the Odinists. Alleged Odinists?

What to expect from today’s Delphi murders hearing

ALLEN COUNTY, Ind. — Despite multiple attempts to delay or cancel Monday’s hearing, the attorneys of accused double murder suspect Richard Allen are expected to go before Special Judge Fran G…

fox59.com

 

[HoughMade]

This is not a hearing concerning the Prosecutor having access to info he shouldn't have, or the withholding of evidence involving the Odinists. Alleged Odinists?

Ahem...

IMHO Defense is filing motions to get their narrative to the media because they can't have a press conference.

It's kinda transparent, but allowed.

There's no "there", there, but it's all about getting their arguments (as opposed to evidence) out there.

[ETA] More filings over the weekend and this morning that continue the theme of using motions in place of press releases.

 

[HoughMade]

Never heard of these guy, but a couple of YouTubers have been banned from attending any further proceedings in this case due to being disruptive in the courthouse and outside it.

The ghoulish cottage industry that has grown up around this is disgusting.

 

[injb]

Yeah one of them is pretty notorious in the true crime youtube scene. I'm pretty sure he's mentally ill. The whole true crime thing seems to attract people who suffer from main character syndrome.