Two bodies found in Carroll County

[manifest destiny]

I don't know what was said or to who, but I thin,k it's pretty significant that the defence introduced these statements and blamed it on deteriorating mental heal

I'm kinda thinking it could also be the opening salvo for a plea agreement or possibly insanity defense. His defense addressing the statements and admitting them to be incriminating is rather weird. Unless this guy is guilty and did actually admit to the killings with details that can confirm his guilt.

 

[Cameramonkey]

And further complicating the validty of his "jailhouse confessions", my understanding is that folks that harm kids are the lowest rung in prison.

So him lying about doing it to get street cred or pump himself up as somebody not to mess with as a means of self preservation doesnt make sense. Because he's more likely to work himself DOWN the ladder than the intended upward mobility he would seek.

 

[Ingomike]

General question, in the day and age we live with kindergarten drag shows do we have evidence the old school prison hierarchy still is the rule?

 

[Cameramonkey]

General question, in the day and age we live with kindergarten drag shows do we have evidence the old school prison hierarchy still is the rule?

I dont see how the two would be connected. Those in prison I dont think are the type that would be pushing these progressive sexualization policies. They are more likely to be the ones who would end up in prison for killing those liberals for whatever reason.

 

[injb]

WRT to the nature of the "confessions": I hadn't listened to all of that podcast I linked when I posted the link, but now that I have it's looking very likely that he made these statements on calls to his family members using his tablet. I don't think he has access to other prisoners anyway.

 

[KLB]

Sure. I'm not speaking of the loons that confess to crimes they didn't commit. And unless the Indiana authorities have been physically and mentally torturing this guy(??), that doesn't come into play. I'm speaking of sitting on my couch, door crashes in, police arrest me for murdering two children -that I factually did not murder- and I'm now sitting in jail, without torture. No, I would not make statements that could be misconstrued as a "confession". I'm might be crying, hysterical, in mental shock and screaming out of my ass, but a confession? No. Now, throw in some water boarding, tooth grinding, electro-shock and maybe I admit to killing JFK. I think these "incriminating" statements are a real game changer for this case. A normal 50yo man that did not kill two children is highly unlikely to "confess" to such, sans torture.

You said anyone, not this guy. That is what I was replying to. I have no clue about this guys case and what he said.

 

[bgcatty]

Of course the judge took the hearing and associated filings under advisement. Standard procedure in a highly publicized case. Now we just have to hope the judge sees the light and hammers the defendant in this case. And at trial I hope the prosecution doesn’t screw up the case and the jury sees through the defense BS and delivers a correct verdict!

 

[KellyinAvon]

Update:

Judge promises release of Delphi documents this week

DELPHI, Ind. — Responding to a request filed by a podcaster and attorney, Allen County Judge Fran Gull announced that she would release some sealed documents in the Delphi murder case against Richard Allen this week.

Judge promises release of Delphi documents this week

DELPHI, Ind. — Responding to a request filed by a podcaster and attorney, Allen County Judge Fran Gull announced that she would release some sealed documents in the Delphi murder case against…

fox59.com

 

[KellyinAvon]

Release of sealed records could shed new light on case against Richard Allen in Delphi murders

DELPHI, Ind. – This could be a landmark week for information in the Delphi murder case. Allen County Judge Frances Gull, assigned as a special judge to oversee the high-profile case, is expected to…

fox59.com

 

[manifest destiny]

It's going to be interesting to see the strength of evidence. If it's powerful, I'm left wondering why it took 5 years to get here. If it's underwhelming, why bring an underwhelming case now after 5 years of prosecutorial hesitation.

 

[KellyinAvon]

It's going to be interesting to see the strength of evidence. If it's powerful, I'm left wondering why it took 5 years to get here. If it's underwhelming, why bring an underwhelming case now after 5 years of prosecutorial hesitation.

IANAL... with that said I read through the probable cause affidavit. Without the extraction marks on the round at the scene? That's not just thin, that's anorexic.

 

[HoughMade]

It's going to be interesting to see the strength of evidence. If it's powerful, I'm left wondering why it took 5 years to get here. If it's underwhelming, why bring an underwhelming case now after 5 years of prosecutorial hesitation.

We can't assume that all of the evidence gathered was known years ago. Who knows when "key evidence" was obtained?

Also, maybe they waited hoping to find more evidence. Once the charges are filed, the "speedy trial" clock starts ticking. If he is not a flight risk, why file before you believe you have everything you are going to get. I speculate that they had their eye on another situation that they thought may result in additional evidence.

 

[DoggyDaddy]

We can't assume that all of the evidence gathered was known years ago. Who knows when "key evidence" was obtained?

Also, maybe they waited hoping to find more evidence. Once the charges are filed, the "speedy trial" clock starts ticking. If he is not a flight risk, why file before you believe you have everything you are going to get. I speculate that they had their eye on another situation that they thought may result in additional evidence.

I think the idea of a "speedy trial" went out the window long ago. Not just talking about this case, but in general. It shouldn't take years from arrest, to charging to trial. I would especially like to see "speedy enforcement of sentencing" after a verdict is reached. Years of appeals for death sentences is ridiculous. I think one year, tops (and I'm being more generous than I'd like) is more than sufficient.

 

[manifest destiny]

We can't assume that all of the evidence gathered was known years ago. Who knows when "key evidence" was obtained?

Also, maybe they waited hoping to find more evidence. Once the charges are filed, the "speedy trial" clock starts ticking. If he is not a flight risk, why file before you believe you have everything you are going to get. I speculate that they had their eye on another situation that they thought may result in additional evidence.

All valid points. Investigators still refer to it as an "open investigation", so there may be quite a bit more evidence/persons/etc. But the "magic bullet" I consider extremely weak. I'd struggle to condemn based on that. Time will tell the tale, or at least the prosecution's version of the tale. I'm still smelling a plea deal in the air, maybe something that removes the death penalty.

 

[injb]

I think the idea of a "speedy trial" went out the window long ago. Not just talking about this case, but in general. It shouldn't take years from arrest, to charging to trial. I would especially like to see "speedy enforcement of sentencing" after a verdict is reached. Years of appeals for death sentences is ridiculous. I think one year, tops (and I'm being more generous than I'd like) is more than sufficient.

The speedy trial thing is a right enjoyed by the defendant, not an absolute requirement. In this case the defence has asked for more time as far as I know, so no one is breaking any rules about speediness. I think that's how it usually goes. They want more time because they have limited resources, unlike the prosecution.

All valid points. Investigators still refer to it as an "open investigation", so there may be quite a bit more evidence/persons/etc. But the "magic bullet" I consider extremely weak. I'd struggle to condemn based on that. Time will tell the tale, or at least the prosecution's version of the tale. I'm still smelling a plea deal in the air, maybe something that removes the death penalty.

The bullet thing is going to be interesting. Doubtless there will be experts on both sides giving contradicting views. But will the jury be shown the actual close up photos of the tool marks, along with examples of rounds cycled through other guns?

In any case, they've got at least:

* the bullet
* the witnesses
* his own recent statements which are either "confessions" or "incriminating statements" depending on which side you believe.
* the video and audio (which are perhaps a bit of a Rorsarch test, but many people will think they are a good match)

We don't know what the witnesses will say. But we know at the very least that the statements they and Allen have already given years ago put him at the scene at the right time, dressed like the killer. At this point I'm guessing none of them can positively ID him.

In contrast the defence will say:

* they had his statement about being there 6 years ago and didn't follow up on it then - because it's nothing
* they released a sketch of their suspect in 2019 and it's very obviously not him
* the bullet thing is junk science (maybe true)
* they claimed that reports about a purple PT cruiser were really referring to his black Ford Focus (I think?)
* he made incriminating statements because he's gone mad, which isn't a crime (also maybe true but I doubt it)

 

[DragonGunner]

The speedy trial thing is a right enjoyed by the defendant, not an absolute requirement. In this case the defence has asked for more time as far as I know, so no one is breaking any rules about speediness. I think that's how it usually goes. They want more time because they have limited resources, unlike the prosecution.




The bullet thing is going to be interesting. Doubtless there will be experts on both sides giving contradicting views. But will the jury be shown the actual close up photos of the tool marks, along with examples of rounds cycled through other guns?

In any case, they've got at least:

* the bullet
* the witnesses
* his own recent statements which are either "confessions" or "incriminating statements" depending on which side you believe.
* the video and audio (which are perhaps a bit of a Rorsarch test, but many people will think they are a good match)

We don't know what the witnesses will say. But we know at the very least that the statements they and Allen have already given years ago put him at the scene at the right time, dressed like the killer. At this point I'm guessing none of them can positively ID him.

In contrast the defence will say:

* they had his statement about being there 6 years ago and didn't follow up on it then - because it's nothing
* they released a sketch of their suspect in 2019 and it's very obviously not him
* the bullet thing is junk science (maybe true)
* they claimed that reports about a purple PT cruiser were really referring to his black Ford Focus (I think?)
* he made incriminating statements because he's gone mad, which isn't a crime (also maybe true but I doubt it)

Then would a jury decide to look at what they know as facts. Sometimes witnesses can and often are wrong about details. Law enforcement blundered as they sometimes do. The sketch means nothing because it was just their best guess work. He said he was there at the time. He has made confessions. And if you study the video and his body size and type walking it can’t be counted out that it wasn’t him. But my guess since his confessions will be, his lawyers get a plea deal of life and no death sentence.

 

[manifest destiny]

The bullet thing is going to be interesting. Doubtless there will be experts on both sides giving contradicting views. But will the jury be shown the actual close up photos of the tool marks, along with examples of rounds cycled through other guns?

And I'll add, cycled years apart. It was 5 years between the murders and the "magic bullet" testing. I tried to research that a bit but it is hard getting apples to apples. Of the examples I was able to find re: unfired rounds being identified via extractor marks, it doesn't seem very reliable and is often inconclusive or excluded. I tend to worry about 'science' than can only be interpreted by experts' eyes. The accused smells guilty due to proximity to it all. But I don't know if I could vote to hang 'em high, flip the switch or stick the needle based on proximity and one unfired round.

 

[Alamo]

The speedy trial thing is a right enjoyed by the defendant, not an absolute requirement.

…

Recall that in the trial of the college student who shot the Texas tech university police officer, the student had Chip Lewis as an attorney. Chip Lewis was also representing Robert Durst in California for his murder trial at the time. The student’s trial could not proceed until Chip Lewis was freed from defending Robert Durst, who conveniently died in prison after he was convicted at trial, but before he could launch an appeal.

The college student sat in the county jail for an additional two years (having already been in jail for three years), waiting for his trial to start because he wanted that particular attorney representing him.

 

[HoughMade]

The U.S> Constitution (Amendment VI) requires a "speedy trial", but contains no specifics beyond that. The Indiana Constitution has no "speedy trial" provision, but the Supremacy Clause being what it is- there is a right to a "speedy trial" everywhere in the U.S.

In Indiana, "speedy trial" has a very specific meaning as defined by the Indiana Rules of Criminal Procedure. Allen is being held in jail, so this applies:

"Ind. R.. Crim. Pro 4(A) Defendant in jail. No defendant shall be detained in jail on a charge, without a trial, for a period in aggregate embracing more than six (6) months from the date the criminal charge against such defendant is filed, or from the date of his arrest on such charge (whichever is later); except where a continuance was had on his motion, or the delay was caused by his act, or where there was not sufficient time to try him during such period because of congestion of the court calendar; provided, however, that in the last-mentioned circumstance, the prosecuting attorney shall make such statement in a motion for continuance not later than ten (10) days prior to the date set for trial, or if such motion is filed less than ten (10) days prior to trial, the prosecuting attorney shall show additionally that the delay in filing the motion was not the fault of the prosecutor. Provided further, that a trial court may take note of congestion or an emergency without the necessity of a motion, and upon so finding may order a continuance. Any continuance granted due to a congested calendar or emergency shall be reduced to an order, which order shall also set the case for trial within a reasonable time. Any defendant so detained shall be released on his own recognizance at the conclusion of the six-month period aforesaid and may be held to answer a criminal charge against him within the limitations provided for in subsection (C) of this rule."

A lot of exceptions to this and arguments over what delay is the fault of which side. If the defendant is not being held in jail, the limit id (generally speaking) 1 year. Again, a lot of exceptions and arguments, but defendants have been released due to "speedy trial" violations.

 

[manifest destiny]

The reality is that the accused, in this case, won't be getting out of jail until/unless he's found not guilty. Never say never but I would be Shocked! if he was granted bail.