Two bodies found in Carroll County

[KLB]

Motion for Change of Venue from the County filed. It's a decent motion based upon what's available now, but not a slam dunk. It references the obviously overwhelming media coverage, which you would expect, but without attaching anything specific. It talks about the high percentage of local residents involved in the initial search and speculates about a large number of local residents being interviewed by law enforcement.

It uses "Google Trends" to show a high number of searches about the case in Carroll County and compares that to Fort Wayne, Allen County, where there were comparatively few.

If the judge is leaning towards granting, there is enough there to defend that decision, but if not, I think it still falls short or showing objective evidence of bias. News coverage is not enough, on its own, to show a need for change of venue. That someone has heard of the case is not enough to disqualify them on its own. While "Google Trends" may provide evidence to get you started, where I have seen such motions granted (or denied) in the past (where contested), the Judge was looking for polling data, or the equivalent, that showed the presence of a pervasive bias, not just the gut feeling that there would be bias....at least that's what the judges told me when I had such motions denied in 2 cases.

But again, the judge can rule based upon gut-felling if she wants to and the prosecution may not even object to the motion, seeing the handwriting on the wall.

Would the state foot the bill for a poll being conducted?

 

[Mij]

I see they are asking for a 150 mile distance from Carol Co. Be interesting to see that on a map.

 

[HoughMade]

Indiana Cases for context:

“The burden rests with the moving party to establish adverse publicity and that the jurors were unable to set aside their preconceived notions of guilt and render a verdict based upon evidence introduced at trial.” Yeagley v. State, 467 N.E.2d 730, 733 (Ind. 1984).

“In order for a defendant to establish good cause for a discretionary change of venue, he must produce evidence of community bias or prejudice sufficient to convince the trial court that he cannot obtain a fair trial in that county… The mere possibility of prejudice or bias is not sufficient to entitle a defendant to a change of venue.” Trevino v. State, 428 N.E.2d 263, 266 (Ind. Ct. App. 1981).

 

[HoughMade]

Would the state foot the bill for a poll being conducted?

It is part of defense costs, so theoretically. I don't know the specifics. If the intention to seek the death penalty had already been filed, the defense attorney could make requests for such funds to the judge, ex parte, that is, without the other side being advised. There is a rule about that. I am guessing there is a similar process for non-capital cases, but I have not read those rules.

 

[DoggyDaddy]

Judge orders release of redacted court docs related to Delphi murders​

Judge orders release of redacted court docs related to Delphi murders

The documents detail what led to a murder charge against Richard Allen in the killings of Libby German and Abby Williams.

www.wthr.com

 

[manifest destiny]

From above link..

"When we were called in and told LE had someone in custody, I thought I would be elated – but then you stop and think about all the new lives that will be affected by this person being arrested and realize it really is sad," she said.

I'm glad to hear this lady, Libby's grandmother, still has some sense of humanity given her loss.

 

[HoughMade]

Read the probable cause affidavit. Interesting. Assuming everything in it is true and accurate, I think he probably did it. However, it is not a "slam dunk". I am hoping there is more.

Long story short, there is a lot of timeline and clothing talk that puts him there at the relevant time. There are several witnesses, a few pictures and descriptions that fit with him. Heck, as was said upthread, he puts himself there.

The important physical evidence is an unfired .40 S&W round that was found between the bodies. It had marks on it which the state lab said shows it was cycled through his Sig P226. The gun was found in his house, he admitted it was his and he stated that he had never loaned it to anyone or allowed anyone else to fire it. He had no explanation as to how the round would have gotten there and claims he had never been on the property where the bodies were found.

That's good evidence...so far. I'm hoping there is more.

 

[injb]

Read the probable cause affidavit. Interesting. Assuming everything in it is true and accurate, I think he probably did it. However, it is not a "slam dunk". I am hoping there is more.

Long story short, there is a lot of timeline and clothing talk that puts him there at the relevant time. There are several witnesses, a few pictures and descriptions that fit with him. Heck, as was said upthread, he puts himself there.

The important physical evidence is an unfired .40 S&W round that was found between the bodies. It had marks on it which the state lab said shows it was cycled through his Sig P226. The gun was found in his house, he admitted it was his and he stated that he had never loaned it to anyone or allowed anyone else to fire it. He had no explanation as to how the round would have gotten there and claims he had never been on the property where the bodies were found.

That's good evidence...so far. I'm hoping there is more.

How good is that science though, matching an unfired round to a specific gun? I heard a rumor they knew it was a .40 Sig a while back. But I was hoping there would be more than this. And I wonder what stopped them from asking him if he had a .40 caliber gun 5 years ago.

 

[HoughMade]

How good is that science though, matching an unfired round to a specific gun? I heard a rumor they knew it was a .40 Sig a while back. But I was hoping there would be more than this. And I wonder what stopped them from asking him if he had a .40 caliber gun 5 years ago.

It can be very good. Ballistic match good. However, it all depends on the number of marks left. More is better.

How good is it in this case? No idea. Here is the relevant part of the affidavit:

 

[manifest destiny]

Allen's placed at the scene at the approximate time of the murders. But he never denied that. One unspent round, forensically tested, determined to have been cycled through Allen's pistol. The PCA makes clear that this info was known in 2017. They don't arrest him until 2022 on charges that appear to suggest involvement of others. The dude smells dirty. But I hope there's more/better evidence.

 

[HoughMade]

Allen's placed at the scene at the approximate time of the murders. But he never denied that. One unspent round, forensically tested, determined to have been cycled through Allen's pistol. The PCA makes clear that this info was known in 2017. They don't arrest him until 2022 on charges that appear to suggest involvement of others. The dude smells dirty. But I hope there's more/better evidence.

They did not test the gun until October 2022, likely because they did not believe they had enough to get a search warrant, something his attorneys will likely be challenging.

More parts from the PC Aff. related to this.

 

[manifest destiny]

It can be very good. Ballistic match good.

Though never explicitly stated, should the presumption be that the two were shot with .40? If so, wouldn't rifling be included? Maybe they have that, but not included in the PCA?

 

[Cameramonkey]

After hearing all the details including his wife saying he has the same outfit, the only thing missing is a one armed man to blame it on.

 

[Cameramonkey]

Though never explicitly stated, should the presumption be that the two were shot with .40? If so, wouldn't rifling be included? Maybe they have that, but not included in the PCA?

They have never stated that they were shot. Or even how they were killed.

 

[manifest destiny]

They have never stated that they were shot. Or even how they were killed.

Isn't that what I wrote?

 

[injb]

The RL search affadavit strongly implies that they were killed some other way than by shooting, saying that they were "found dead with wounds caused by a ____ weapon".

 

[HoughMade]

Though never explicitly stated, should the presumption be that the two were shot with .40? If so, wouldn't rifling be included? Maybe they have that, but not included in the PCA?

The obvious lack of any discussion about cause of death or the condition of the bodies is obviously deliberate. It could simply be because they anticipated the PC aff. becoming public record and didn't want these details out there at this time to traumatize the family, or it could be for a trial/evidence related reason. There's nothing that says you have to show all your cards in a PC aff.

 

[manifest destiny]

The RL search affadavit strongly implies that they were killed some other way than by shooting, saying that they were "found dead with wounds caused by a ____ weapon".

That's kind of where my mind was going. An unspent round next to a victim that wasn't shot, while damning to Allen per proximity and testing, doesn't seem particularly germane.

 

[HoughMade]

That's kind of where my mind was going. An unspent round next to a victim that wasn't shot, while damning to Allen per proximity and testing, doesn't seem particularly germane.

It become quite germane when he claims he was never there.

 

[manifest destiny]

Yes, but if the COD isn't from a gun, does he need to explain it? The dude reeks per the PCA, but I'm not sure the term 'flimsy' isn't accurate. Though there may well be details/evidence that further the claims against the accused. I hope they have the right guy. I hope they can prove it.