Two bodies found in Carroll County

[KellyinAvon]

Just read trial kicked to October 2024, Fox 59

 

[HoughMade]

Just read trial kicked to October 2024, Fox 59

The judge indicated on the 19th that the January trial date would have to be moved because of new defense attorneys coming into the case...

...or are they?

 

[manifest destiny]

I think sometimes Judge Gull comes off as not being impartial. Maybe this Allen character is as guilty as can be. Maybe he is a complete freak who spent his first 50 years of life hellbent on finding the right opportunity to murder. But he's presumed innocent at this point. He has no money to flee. He'd be a pariah in any community in Indiana. Should he be held in custody for a year (or more) before he even gets a trial? Would not home/gps detention be an option? The judge and defense council get into a pissing match and Allen (presumed innocent) loses another year of life waiting. If he's guilty, I shouldn't wouldn't care and would be happy to chip-in on his execution costs. But this whole ordeal, five years in the making, has become a complete **** show. My view of the accused has dimmed greatly. My faith in the investigators, prosecution and courts is also waning.

 

[JCSR]

The judge indicated on the 19th that the January trial date would have to be moved because of new defense attorneys coming into the case...

...or are they?

So we have to wait another year for the movie? That's BS!

 

[Alamo]

… The judge and defense council get into a pissing match and Allen (presumed innocent) loses another year of life waiting. …

This is a good point. Especially if, as I understand it, Allen’s defense attorneys are court appointed. At the very least whoever is guilty, judge or defense attorney, should spend time in jail equal to the delay, in addition to disbarment etc.

Can Allen sue his (potentially!) former defense attorneys if they are the ones who screwed up? I suppose the judge is untouchable even if she was out of bounds.

There’s a probable murder case in Colorado (with an Indiana connection) that is as screwed up as this, but it’s the prosecution that is a clown show. The prosecution had the husband held in jail for a year for murder of his wife then just before the trial had to drop the case (w/o prejudice) for lack of evidence, including no body and no proof the wife was even dead, just missing. The prosecution told the judge they knew where the body was, just had to wait for the snow to melt. Snow melted and no body. Also in the meantime the prosecution was repeatedly in trouble for not turning over evidence, particularly exculpatory, in a timely manner, and something like 12 of their 14 expert witnesses were disallowed by the judge. All their evidence was circumstantial, like cellphone hits that allegedly didn’t match the husband’s story.

Six of the seven prosecutors involved are under investigation by Colorado‘s Office of Attorney Regulation Counsel for “egregious” evidence mishandling, and the former defendant and his attorneys are suing the state in federal court for $15M. Oh, And the DA herself was suspended for a time because she didn’t complete her continuing education within the required three-year window.

AND NOW Three years after the wife disappeared her body was finally found by accident (while looking for another body) in another county 40 miles away. The attorney discipline investigation is still ongoing, the lawsuit is still ongoing, and now there’s a question of who is legally able, and who is competent, to prosecute the case if it turns out that she was in fact, murdered. Her body was just found in September, so there’s no determination yet as to how she died, or if there’s any evidence with her to indicates who might’ve had a hand in her death. Oh, by the way, the area where she was found has recently yielded at least one or two other bodies, and is suspected to be graveyard of at least one or two more people. A dumping ground in other words.

BTW, the couple was from Alexandria, Indiana. Search on the name “Morphew” if you want to read up on it.

 

[HoughMade]

There was a hearing today. We know the trial was continued and reset, but something else went on...or didn't go on that a defense attorney wanted or some such. Don't know yet.

Hennessey, the guy who came into the case to argue that Allen wants Baldwin and Rozzi to represent him filed a document that purported to describe testimony which would have been presented if he was allowed and this had to do with the duties of public defenders and took a shot at the judge stating that someone who has never been a criminal defense lawyer is not qualified to judge the competence of a criminal defense lawyer.

Then he withdrew his appearance, stating in the withdrawal: "Comes now David R. Hennessy, attorney of record for Andrew J. Baldwin, and moves to withdraw his limited appearance as the purpose of the appearance has been rendered moot by judicial overreach."

So there's that.....

Oh, and Rozzi and Baldwin filed new appearances as "pro bono" lawyers for Allen.

As for whether the judge is acting properly, I don't know. To conclude that she is biased, I would have to believe everything Baldwin and Rozzi say...which I am not prepared to do. I haven't heard the other side.

As far as I can see, however, she has not displayed any bias as to the defendant, Allen, who this is supposed to be about. It's clear she has not bee a fan of things the lawyers have done, but the issue is Allen and him having adequate representation that will follow the rules. It seems to have turned into the Baldwin and Rozzi show.

But I'm, still popping popcorn.

 

[HoughMade]

Can Allen sue his (potentially!) former defense attorneys if they are the ones who screwed up? I suppose the judge is untouchable even if she was out of bounds.

Yes.

But I believe that all of this rampant speculation and spectacle are exactly what Rozzi and Baldwin wanted to happen. Everyone wants to believe there's a deep, dark conspiracy and my speculation is that this is what their defense strategy is all about.

 

[manifest destiny]

But I believe that all of this rampant speculation and spectacle are exactly what Rozzi and Baldwin wanted to happen. Everyone wants to believe there's a deep, dark conspiracy and my speculation is that this is what their defense strategy is all about.

I'm glad you said it. Your opinion will carry more weight than mine. Floating around in my head was the thought that the defense council was trying to create the **** show so that Allen has a better chance with appeals, should he need one. Still, questions linger about the investigation and evidence. Those questions cannot be answered until a trial actually takes place with evidence presented on the record.

I'm wondering what kind of blowback a defense attorney would rec'v if, in fact, he was making such damaging allegations against a sitting judge for the sole purpose of "muddying the water". I suppose in as much as this attorney and this judge might not cross paths typically, might a judge that does work with this attorney on routine basis take a dim view of such tactics?

the duties of public defenders and took a shot at the judge stating that someone who has never been a criminal defense lawyer is not qualified to judge the competence of a criminal defense lawyer.

I mean, damn!

 

[HoughMade]

I'm wondering what kind of blowback a defense attorney would rec'v if, in fact, he was making such damaging allegations against a sitting judge for the sole purpose of "muddying the water".

That's wild...but the duty of zealously defending a criminal defendant covers a lot of "sins"...but not all.

But let's not forget that they flat-out accused a specific person, by name, of these murders. In my mind, accusing a sitting judge of bias is a lot less serious.

 

[DadSmith]

One juror would be a hung jury and a mistrial. They can be tried again.

How many mistrial's could one expect before the prosecutor decides he's done with the case?

 

[HoughMade]

How many mistrial's could one expect before the prosecutor decides he's done with the case?

Normally it's one, but there is no specific limit....ask Bill Cosby.

 

[BigBoxaJunk]

Strange....is this attorney aware he is in Indiana?

When I see ICs and IACs quoted with things either incorrectly or that I know don't exist, I just assume its cut & pasted from something from another state that came up in their google search.

 

[HoughMade]

When I see ICs and IACs quoted with things either incorrectly or that I know don't exist, I just assume its cut & pasted from something from another state that came up in their google search.

I guess....and while I'm not perfect, slipshod is off-putting.

 

[BigBoxaJunk]

I guess....and while I'm not perfect, slipshod is off-putting.

I agree. Didn't mean to imply that you were casting stones, just that like you said, it's off-putting.

 

[KellyinAvon]

@HoughMade we do appreciate you bringing the lawyer perspective to this case. I know I look at this and say, "WOW this **** is ****** up seven ways from Sunday." You can explain why this **** is ****** up seven ways from Sunday.

 

[DragonGunner]

Took 5 years to catch him, and 5 years before he gets to trial. I think something is wrong with our system.

 

[Alamo]

…and my speculation is that this is what their defense strategy is all about.

So the deep dark conspiracy is the Rozzi/Baldwin defense strategy, with a dash of Hennessy.

Then he withdrew his appearance, stating in the withdrawal: "Comes now David R. Hennessy, attorney of record for Andrew J. Baldwin, and moves to withdraw his limited appearance as the purpose of the appearance has been rendered moot by judicial overreach."

So he took a drive-by dump on the judge’s desk.

 

[Alamo]

Judge confirms defense attorney dismissals in Delphi double murder case

CARROLL COUNTY, Ind. — The latest hearing in the case against accused killer Richard Allen was due to start at 9 a.m. in the third-floor courtroom of Carroll Circuit Court in Delphi today. Al…

fox59.com

 

[HoughMade]

Judge confirms defense attorney dismissals in Delphi double murder case

CARROLL COUNTY, Ind. — The latest hearing in the case against accused killer Richard Allen was due to start at 9 a.m. in the third-floor courtroom of Carroll Circuit Court in Delphi today. Al…

fox59.com

I don't know if I have ever said this about a local news story about a legal matter: That was a good article.

That's probably because it just reported what happened.

 

[GunsCarsPlanes]

That's probably because it just reported what happened.

There is beauty in that statement when it actually happens... isn't that how news is supposed to be reported? I swear news outlets used to hide their bias and be embarrassed if anyone noticed where now it feels like a bragging point.