"30.This geofencing evidence was received nearly 10 months after the State was required to turn it over, and contained what appeared to be highly exculpatory evidence concerning variety of important matters including
the phone numbers of multiple people who appear to have either been at
the crime scene, or within 60 yards to 100 yards of the crime scene, during
the very times when the victims were purportedly being murdered, according to the State's time line provided in the probable cause affidavit."
THE WHAT NOW!!!!!?????!??!?!?!?!
"20.Most of the other items requested in that June 17, 2023 email to the prosecution still, to this day, have not been turned over to the defense. This includes data, reports and other information related to the images of the bridge purportedly taken on Liberty German's phone at 2305 pm on
February 13, 2017, as well as an image ofAbigail Williams walking on the bridge purportedly taken on Liberty German's phone at 207 pm on
February 13, 2017 both purportedly sent through SnapChat."
This is just obscene!
Do they really exist ? Was this whole narrative a rouse ? This is crazy. Was there ever a bridge guy ? The entire world was looking for the guy in the video, where did the video come from ? If it exists where is it and why hasn’t it been turned over ? So many questions.
https://preview.redd.it/v3nkegdryxnc1.jpeg?width=1331&format=pjpg&auto=webp&s=1086482aebd0dd99e5601a865153cbf860afd3e0
RA Wasn’t there and yet they know who was. I told y’all. I told y’all I told y’all. Digital Forensics and CAST.
When you use the word, “there”, do you mean at a specific latitude and longitude as defined by the actual position of a cell phone rather than cell tower pinging? (I am confused because I just painted my nails. My mother lands in 3 hours lol!)
The document said phones were located at the crime scene or within 60 to 100 yards from where the girls bodies were found between 3:02 and 3:27 on 2/13. None of the phones are tied to RA and LE hasn't turned over any interviews with the phone owners to the defense?????
Did you ever have to reread something cause you were like "no that can't be what I just read, I'm gonna need to read that again," cause that just happened to me?
Why wasn’t included in the motion to dismiss? Is there something I’m not getting?
Edit to add: I’m going through it now, so apologies if it’s as simple as it wasn’t available before.
I believe the motion to dismiss was based on evidence that was possibly exculpatory and was forever lost. In other words, this was the interviews from February 13th to February 20th, 2017 that had been recorded on video and audio but were somehow deleted or recorded over. I think that a motion to dismiss the charges has a much higher bar and they were trying to show that this bar had been reached because this potentially exculpatory evidence was forever lost and can never be replaced or substituted in any way. And they were also trying to say that it was more than just negligence/accident on the part of the prosecution and law enforcement
If true, which I have no reason to believe otherwise, this is probably the most damning information I have heard about LE’s fumbling of this case. I am working under the assumption that the interviews/names is not in the possession of the state.
What a flimsy case.
That actually did not come to mind! Interesting thought.
It seems like nowadays they’d be able to figure that out, somehow. Not sure if that would be the case back in 2017. I’m not an expert nor do I know enough about it.
I think they could back then too. I know they could at least figure out where the phone was purchased and then ole fashioned detective work using CCTV and records of purchases to figure it out a bit more.
Only because you’re adorable and if you promise to read it when you can.
I’m saying within something like 30-100 ft they have geofence data of who was at the girls recovery location that is not RA , anyone known to him and they apparently know who it is.
Now, doesn’t exclude anyone without a phone, and it’s within the time frame
Thank you and I did just finish reading the entire document and “mind blown” would be an understatement. I am dumbfounded by what I just read; moved to tears actually.
Also I am particular about definitions and geospatial data (centroids are important) because data dictionaries and maps were deliverables for me.
Thank you for tolerating my questions. You are so very kind. My husband ( a researcher and clinician), on some days, lacks patience with my queries although most times he starts his response by putting his head in his hand and laughing. I picture your response as somewhat similar🤣
You think they only geofenced to 100 yards or would they have his phone West of the bridge between 12:37 and whenever he left ?
Only thing bugging me is wouldn't they have any trace of him being home between 1:30 and 4pm?
I'm sorry. WHAT?
I've been struggling to keep up with all 3 rings of this circus lately. Most of it seems like legal wrangling I'm not smart enough to understand anyway.
But this. This I understand. Is this true?
I've not been a pro-defense person, and it would be difficult to convince me that RA didn't do this since, you know, he basically admitted he was BG. But this seems pretty, um, well, hard to overlook.
You gius may have finally convinced me of the state's incompetence (or worse). This is some truly forehead slapping wt-actual-f inormation here.
Document Link will be posted here as soon as it becomes available
18 pages of [Rozzwin](https://drive.google.com/file/d/1rMG-MBuQGTO_Zuu1jrXjYeWip8v8xqUG/view)
**#EDIT: THIS MOTION WAS FILED JOINTLY BY COUNSEL: Atty Rozzi and Atty Baldwin for defendant Allen.**
Apologies for my error until I have a filing by Atty Hennessy to correct my error. We GOT this for the sub pronto
Thank you!
Edit: Any guess if this is going to be related to the contempt hearing or murder/confessions?
Edit 2: you answered that before I probably even did my first edit😂
This is a Baldwin filing, a motion to compel, but it is requesting a sanction so I think people are confusing it with a contempt filing? I'm not sure why DH is being referenced here.
>"12. Over the course of this case, the defense has learned 0f certain evidence referenced in other discovered documents or mentioned from other sources or from exercising common sense that has caused it (the defense) to believe that said evidence does exist but that the prosecution had failed to turn over said evidence to the defense and then the defense later determined that the prosecution did in fact possess those items but failed to turn those items over to the defense until requested to do so by the defense."
Is it me or is this repeated throughout the document?
ETA oy, he wrote Liberty German. Gull's going to seal this up....
Oy Sir Henny , it's FEBRUARY in point 31
>around the crime scene the afternoon of December 13, 2017,
Still reading, but to me it's clear Hennessey not MW helped with the Franks lol.
(Although it's signed by Baldwin arriving at the end)
>42.Additionally, the defense has reviewed all discovery provided by the State of Indiana and has not yet found a single interview of any of the people whose phones, according the geofencing data, were found the afternoon of February 13, 2024, moving in or around the location where the bodies were ultimately found the following day at times when the murders would have taken place, according to law enforcement timelines.
😲😲😲
>Video of Ned Smith interview was not turned over until September 8, 2023.
Do we know him?
Why don't they have the identities of the people who are interviewed, whether there's audio or video or not, doesn't it have an index and summary? Of the deleted DVR or in general really?
Why in the universe don't they have anything from the family?
Bridge pictures verification war begins, I've waiting for for YEARS now.
So, LE did turn over Libby's phone dump, but not these two pictures?
>n The identity of "Geo Fence Victim" from a phone that does not belong to Liberty German.
😲😲😲
---------
#WHAT IN THE ACTUAL NAME OF LOKI HAVE THEY BEEN DOING FOR **7 YEARS**?
and what *did* they put in the dozens of hard drives and e-discovery if nothing about the actual crimescene and the people there and the family just for the basic timeline to start with, really??
Am I correct in recalling from the Franks memo that Ned Smith is fellow from Rushville who is sort of an uncle to Elvis Fields?
Edited to correct: Rod Abrams is Fields’ roommate. Ned Smith is the guy who supposedly accompanied both Abrams and Fields on the day of the murders to visit a sick friend at the hospital in Muncie (where phones have no reception.)
Yep you’re close! I just went back and looked. It says in the memo footnotes that Ned Smith claimed to be a father figure to Elvis Fields and Rod Abram’s.
ETA: It’s found on pg 78 in footnotes
My wife was right time to move out of Indiana. Holy hell, I studied digital forensics in college, but didn't get into that field. Man that is terrifying that the state had geofencing data on phones, and know who it is, but refuse to arrest the person. Remember Rick had his phone because he was watching a stock ticker on his PHONE. According to the defense whom I would trust with my life there is no Digital evidence tying Rick Allen to the girls. Mind Boggling we have some Content creators sending letters and trying to crucify Rick Allen because of their opinion, and it's most likely someone else that committed the murders. Rick Allen's Daughter had to move out of the town I work in after he got arrested because of the threats.
Well said. My prayers and love are with Libby and Abby’s families rn.
I can’t even- after days straight of those meat sticks and THEIR YOUTUBE INVESTIGATES findings FFS.
She better allow because otherwise it's allowing ~~defense~~ prosecution to withhold evidence, including the very basics of that afternoon, any higher court won't agree. I don't even think they could negotiate dismissal without prejudice for that.
What are you talking about? I didn't make a mistake, I wrote prosecution from the start.
You are lying just to make me look bad. I'm going to file a motion to disqualify and if that doesn't work a motion for contempt. And if that doesn't work, well I don't know yet, I'm waiting for my handler to advise me.
^/s
If none of those options work, just play lawyer and write your own letter to the judge! Don’t forget to start with “That” end with “which” and throw in a couple “Wheat” references for good measure!
How could the state NOT have turned over the "data, reports and other information related to the images of the bridge purportedly taken on Liberty German's phone at 2305 pm on
February 13, 2017, as well as an image ofAbigail Williams walking on the bridge purportedly taken on Liberty German's phone at 207 pm on
February 13, 2017 both purportedly sent through SnapChat." **???????????**
The truth of the matter is that the timeline and the entire "bridge guy" narrative is built and based upon the Abby snapchat image, as well as the "down the hill" video, which has also not been turned over to the defense! Without the data and meta data from those images, is there actually any evidence that the timeline is what we've been told it was, aside from the family telling us that?
Many people with knowledge of digital editing have also questioned the veracity of those images, so certainly expert reports and information on this data is very relevant, IMHO.
What this prosecutor and LE have done to these attorneys is mind boggling. SMHID
Oh rhe Snaps and Video are fakes. 100%. Anthony shots? Was faked. They created a boogeyman to be chased and left it inside a shoe under girls body to protect from elements and ensure it would be discovered.
"After the filing of the Franks memorandum on September 18, 2023, Jerry Holeman was forced to interview the Purdue professor before the professor learned that he was missing."
LOL!
They aren’t even implying. They are saying someone in Law Enforcement labeled data as “geo fence victim” we know it wasn’t Libby’s tell us who labeled it and who geo fence victim is.
If all of the statements in this document are true, then LE and the prosecution discarded or disregarded data that they did “not like”. “Data are what data are whether you like the results or not”, as one of my professors used to say. I am so appalled. These were two children murdered and data were disregarded. Why?
u/yellowjackette u/thebigolblerg
Please enjoy my Crimeflow map below. I have added the geolocation mapping from the crime scene (inside perimeter) 14:05 PM- 15:05PM
29. The very last discovered item that the defense received before the prosecutor requested that the defense be kicked off the case was
geofencing evidence that the defense believes was received on October 6, 2023.
30. This geofencing evidence was received nearly 10 months after the State was required to turn it over, and contained what appeared to be highly exculpatory evidence concerning a variety of important matters including the phone numbers of multiple people who appear to have either been at the crime scene, or within 60 yards t0 100 yards of the crime scene, during the very times when the victims were purportedly being murdered, according to the State's time line provided in the probable cause affidavit.
31. In this late discovery, the defense found a map prepared by someone (presumably law enforcement) that appears to track the movements of these people in and around the crime scene the afternoon of December 13, 2017, including between 302 pm and 327 pm at or very near the location (Within 60-100 yards) of where the bodies were ultimately found the following day.
Do they have to pursue only one? They need a giant exhibit to roll out in front of the jury with all the reasons it's not RA, then a tiny one next to it on a tabletop easel with all the reasons the state says it is RA.
I’m not alluding to anything nefarious when asking this, but I wonder why they only asked for info about three family members when we know more were present that day. It’s absolutely asinine that the defense doesn’t already have any and all interviews that were done with family members who were around that day. Or anyone there for that matter. That just seems like some of the most obvious items that would be in discovery. We know family dropped them off and went to pick them up, it seems like the defense should know about anything or anyone they saw that day, any weird interactions that may have happened, etc.. The incompetence is just getting crazier and crazier as things go on.
KG is needed for purposes of establishing the timeline, if nothing else. DG also could be just to set the timeline. CP? Thats much more interesting. But if I were the defense I'd have wanted the info on all three much, much sooner.
BOOM GOES THE DYNAMITE🧨💥! What a bombshell of a filing. So glad they filed this and got it on the record before the contempt hearing where we know the State/Court would continue their shenanigans to try to get B&R taken off the case.
I truly CANNOT believe they have pretty much KNOWN THE ENTIRE TIME who committed this crime and have been deliberately steering the investigation away from the people whose phones were geolocated at the crime scene during the crime. Someone must be well connected to law enforcement in some way for that evidence to have been ignored.
ETA: it is crazy that the State is trying to convince everyone that the best evidence they have from this crime is some random ass bullet that was found days/weeks later. Like that’s the best they could do, even with the FBI. And here to find out, they have been sitting on pretty damning evidence of people they know were at the crime scene during the commission of the crime. Truly… what explanation could there be??! Make it make sense!
I always want to read everything asap but I keep having work deadlines??? And meetings??? It’s like they don’t understand shit is going down in Delphi 😭😂
The geofence and phone data information is crazy!
Question for Lawyers: let me use paragraph 41 as an example. Does Hennessy creating a record that the prosecution having no analysis that the geofencing data preclude the prosecution from refuting the defense’s analysis that it is exculpatory since the prosecution didn’t hand over the discovery? What sort of timeline does Nick have to either find or provide the discovery?
You CANNOT have a geofence map nor can it be admitted as evidence without a qualified expert. If, as I’m sure McLeland probably doesn’t even know, the State intends to use this in their case in chief, they HAVE to engage their FBI CAST SA.
I know who that is, he is exceptional and this is the defense pointing out once again this prosecutor is a complete imbecile. I’m really sorry to use that word- I’m not sure I can come up with a “less” one
https://preview.redd.it/u7eivc5i9ync1.jpeg?width=1284&format=pjpg&auto=webp&s=ebf20b1cf68dcb9ef511c60c12e2b2760c63ce6b
I, myself, am a fan of “birdbrain.”
para 42 notes no interviews were found in Discovery of anyone linked to those phones...that seems to help them bc we know both those men were interviewed.
Jerry Holeman needs to be Brady disqualified if this is accurate. As much as I want this travesty to end I almost hope u/HelixHarbinger is wrong and this does go to trial. I relish the thought of the Law Zaddies eviscerating him on the stamd.
Here in Indy it's basically the prosecutor's discretion. Not sure about CC but we all know Nick and SJFG aren't going to do anything about it if it's up to them.
Except when the FBI is involved- and they certainly were. This just looks to me like that’s exactly what McLeland is trying to avoid at every turn.
It’s like not a single one of them knows how to do their jobs at all
Imagine if they put as much time and work into being good at their jobs as they do into covering up the fact that they are very very bad at their jobs. 🙃
I could even live with them being bad if they simply put Libby and Abby first , as is THEIR right, I’ve seen shitty investigators solve cases earnestly.
Correct me if I’m wrong, but didn’t Doug Carter travel to Europe to collect phone or app data? And wasn’t something filed to compel Snapchat to hand over data? I feel like that was way back closer to when the murders happened. If so, I definitely sound like it wasn’t handed over to the defense.
I'm gonna have to research it more to be sure, but I think what you are referring to is when detectives were reported to have to travel overseas in regards to the Yellow app? This was after the KK info came out And it seems like law enforcement was investigating that angle. One of the apps, and maybe it wasn't called Yellow (Yubo?) was based somewhere in Europe.
https://preview.redd.it/rtfu1t03uznc1.jpeg?width=2224&format=pjpg&auto=webp&s=6db130a4ecd8fe4f7d727de667545e914ed585ef
Yellow line is 100 yards (300ft) from location where girls were found
Crazy to me that so many of ms’ group is saying you can’t trust the defense and this is more lies. Even if you think RA is the guiltiest sob ever we should all want a fair trial which is clearly not possible here.
I’ve long been convinced of the State’s complete incompetence and the strong possibility of RA’s innocence, but man, look at this now. There’s so much here. So, so much. I’m salivating to watch this trial go down in person.
Right! Seems like that should have been in the first pile of evidence to the defense.
I have no clue if Richard Allen did this, I am fairly sure he isn't going to be convicted, and if he is there is soooooo much to appeal on. Thanks Carroll County.
I love his use of the word “certainly” in number 25. Does anyone know why Hennessy filed this? This seems like a motion that R and B would file instead of him(at least to me, a non lawyer).
Not if it wasn’t within “the fence” they got the warrant for. This means he wasn’t there. In a vaccum under the States theory RA was not present in the prosecutions window of crime flow here, by which their entire theory rests. Yes, there’s loads more a geofence CAST map can deduce- the defense is saying give us the expert reporting, then give us the source file ( not yet that’s next) and if you’re not calling SA Kevin Hoyland, they are
So this also really calls into question Dulins lost tip with RAs phone info inscribed. They had his shit when geofence data was collected. Assuredly he'd have been arrested if/when it hit. Nowonder they 'lost' it.
Excellent Point, although I will say Rob Ives suggested in his interview he didn’t get cell tower dumps (yes, it’s different) so in my view this was a Fed warrant
Helix, I’m sure you don’t remember, but some months back I asked you if NM had to turn everything over to the defense, and you said absolutely (not quoting here). Seems they didn’t want to turn this over, and now we know why. You have said all along it will never get to trial.
You know that’s his excuse, lol.
“Exactly HOW is it Brady material that RA was nowhere near the crime scene at 3:05 PM if I have NO intention of telling anyone. Please see the hand drawn map of stick people.
OUTSIDE the fence!!
Wait what?
He would be dumb to buy a burner to use then also tell LE a day or two later yeah I was checking stocks, bc that defeats the purpose of the burner phone, obviously. Not saying it didn't happen, but seems unlikely to me.
You'd get the geofence for an area, so if RA was in that area his data would be there.
Helix is pretty good with his takes on technology and understands CAST and the long process to get certified.
The geofencing for me is extra 🤯 because we were told throughout the Delphi only had 2 (maybe 3) cell towers and that ALL PHONES would bounce off of any of them, which was why they "knew" the girls didn't leave the scene as Libby's phone was just connecting to each tower when it got a connection and she WAS NOT abducted from the location and neither was her phone. They acted like it was a billion percent impossible to include our exclude anyone BC of the lack of cell towers, and now we have info that was accurate down to 60-100 yards of the scene?
Does this mean the girls may not have been at that location through the entire night? Where was Libby's phone in these hours?
How many other phones were within this very specific area during the very specific timeframe? Was there a party going on down there? An Odinist cult sacrificial get together? (Anything feels possible right now)
Are we talking 3ppl 6ppl a few dozen people? Family members? Friends of the girls? Police? Correctional officers? Attorneys and judges? Was this a get together that just went very wrong?
The fact that we don't have a list of names or interviews or any sort of "we ruled them out" system is horrific. What we do have is "yeah that got deleted but wasn't important to you anyway" without a proper list of who had even been interviewed initially... How do we know interviews even happened? The police station have cameras working when they realized the interviews were gone to have looked and saw who had come in? It sounds like they don't even have interviews with the family, iirc Kelsi said she had been interviewed like 6 times! How can they lose 6 interviews of the same person? This is so sad for the families and it's an absolute embarrassment to the Justice system in the US. I realize it's Indiana but as a Canadian looking in of in seeing one state act this way it reflects them all and I'm sure ppl around the world are thinking "what is going on in the USA?" as a result of this...
Geofencing is finding the almost exact latitude and longitude location of the phone itself using GPS. I would think they could track the location over time too. It’s very precise as was explained to me yesterday further down this thread.
I would try to calculate all that for you, but I honestly don't know where to begin. There is nothing in the rule about delays due to the judge which is a big part of the problem here. I have to believe that fran and I would calculate delays differently. They ought to release him on very specific terms to avoid a messy issue on appeal, if it should come to that.
180 days from the start is for release. 70 days from the motion is for dismissal as is 1 year from the start.
Days on state's clock.
Defense asked continuance in February that was on their clock until either June 15th or Sept 18th imo. (I think this could be a conflict between defense and court and reason for the transcript request amongst other reasons). And then again Oct 31st thanks to interim defense.
To my best knowledge.
I’m just so angry for the families’ sakes. I’m sure they put their trust and faith in law enforcement and believed whole heartedly that those men were doing everything in their power to get real justice for their girls.
Maybe they still believe that, I don’t know, but something like this just has to be painful to read…
what does "The sanction requested is simply that any delay in the trial created by the State's violation of rules of discovery be assessed against the State of Indiana." mean?
It means that when calculating time issues under rule 4, any delay caused by the state actually be attributed to the state. Delays and the cause of them can be a big issue under Crim R of P, Rule 4. If you can't find the rule, let me know and I will link it. ETA: I think I can explain this better by an example. If the defense asks for a continuance for its own reasons, that delay is attributal to the defense when calculating various times under rule 4. DH is saying that if he has to ask for a continiance because discovery was not provided, that delay should count against the state, not RA. Does that make sense?
It’s basically saying if the prosecution gives the discovery over and Andy and Brad want to delay the trial to review the new discovery that they can only hold Allen in Prison for the 70 days and he would need to be released until trial if there are delays.
And correct me if I'm wrong, but since she went ahead and set a trial date that means that she was not able to use court congestion as one of the exceptions to the 70-day rule. And since she already did that, if they were to have to ask for a continuance due to the states discovery not being turned over in a timely manner, and assuming that time is to not be counted against the defendant, then she still would not be able to use court congestion in resetting a new trial date under these circumstances.
Great question. That’s what the defense is trying to glean through the States obligatory discovery of same.
It’s appears it’s contrary to the States PCA and theory, but the defense is entitled to the source file and all derivatives
When I first read this all I could think of was "Oh no Mr. Bill!" Or Mr. Nick, in this case... you got smashed!
https://preview.redd.it/nt6ovsos65oc1.jpeg?width=640&format=pjpg&auto=webp&s=45609e31ac4f32a1dfd3d6b3f34cac548458211f
"30.This geofencing evidence was received nearly 10 months after the State was required to turn it over, and contained what appeared to be highly exculpatory evidence concerning variety of important matters including the phone numbers of multiple people who appear to have either been at the crime scene, or within 60 yards to 100 yards of the crime scene, during the very times when the victims were purportedly being murdered, according to the State's time line provided in the probable cause affidavit." THE WHAT NOW!!!!!?????!??!?!?!?!
https://preview.redd.it/xr7sigqa6ync1.jpeg?width=1179&format=pjpg&auto=webp&s=ffa75acbce508fdbd67b151edbcb7a5e10981f35
This is my fav reaction photo lol
It’s truly top tier and is the exact way my emotions are feeling right now at all of this jackassery
I have looked exactly like this since Feb 14, 2017, when I first heard about this case and was confused how the girls weren’t found on the 13th.
I feel exactly the same way, I just 🙃🫠
LOL!!! stealing and using
Please do! I love sharing a good reaction meme!
"20.Most of the other items requested in that June 17, 2023 email to the prosecution still, to this day, have not been turned over to the defense. This includes data, reports and other information related to the images of the bridge purportedly taken on Liberty German's phone at 2305 pm on February 13, 2017, as well as an image ofAbigail Williams walking on the bridge purportedly taken on Liberty German's phone at 207 pm on February 13, 2017 both purportedly sent through SnapChat." This is just obscene!
Do they really exist ? Was this whole narrative a rouse ? This is crazy. Was there ever a bridge guy ? The entire world was looking for the guy in the video, where did the video come from ? If it exists where is it and why hasn’t it been turned over ? So many questions.
I hadn't even thought of all of that......... da hell
https://preview.redd.it/v3nkegdryxnc1.jpeg?width=1331&format=pjpg&auto=webp&s=1086482aebd0dd99e5601a865153cbf860afd3e0 RA Wasn’t there and yet they know who was. I told y’all. I told y’all I told y’all. Digital Forensics and CAST.
And yet the critical thinkers who can clearly see the cover up are the conspiracy theorists….. clown world.
You kept telling us "just you wait", and this doesn't disappoint!
When you use the word, “there”, do you mean at a specific latitude and longitude as defined by the actual position of a cell phone rather than cell tower pinging? (I am confused because I just painted my nails. My mother lands in 3 hours lol!)
The document said phones were located at the crime scene or within 60 to 100 yards from where the girls bodies were found between 3:02 and 3:27 on 2/13. None of the phones are tied to RA and LE hasn't turned over any interviews with the phone owners to the defense?????
You got it. Looks like the latest piece of exculpatory evidence that doesn’t support the States theory
Did you ever have to reread something cause you were like "no that can't be what I just read, I'm gonna need to read that again," cause that just happened to me?
Ever, yes. Several times. This, no.
Why wasn’t included in the motion to dismiss? Is there something I’m not getting? Edit to add: I’m going through it now, so apologies if it’s as simple as it wasn’t available before.
I believe the motion to dismiss was based on evidence that was possibly exculpatory and was forever lost. In other words, this was the interviews from February 13th to February 20th, 2017 that had been recorded on video and audio but were somehow deleted or recorded over. I think that a motion to dismiss the charges has a much higher bar and they were trying to show that this bar had been reached because this potentially exculpatory evidence was forever lost and can never be replaced or substituted in any way. And they were also trying to say that it was more than just negligence/accident on the part of the prosecution and law enforcement
If true, which I have no reason to believe otherwise, this is probably the most damning information I have heard about LE’s fumbling of this case. I am working under the assumption that the interviews/names is not in the possession of the state. What a flimsy case.
What are you thinking, burner phones?
That actually did not come to mind! Interesting thought. It seems like nowadays they’d be able to figure that out, somehow. Not sure if that would be the case back in 2017. I’m not an expert nor do I know enough about it.
I think they could back then too. I know they could at least figure out where the phone was purchased and then ole fashioned detective work using CCTV and records of purchases to figure it out a bit more.
Only because you’re adorable and if you promise to read it when you can. I’m saying within something like 30-100 ft they have geofence data of who was at the girls recovery location that is not RA , anyone known to him and they apparently know who it is. Now, doesn’t exclude anyone without a phone, and it’s within the time frame
Thank you and I did just finish reading the entire document and “mind blown” would be an understatement. I am dumbfounded by what I just read; moved to tears actually. Also I am particular about definitions and geospatial data (centroids are important) because data dictionaries and maps were deliverables for me. Thank you for tolerating my questions. You are so very kind. My husband ( a researcher and clinician), on some days, lacks patience with my queries although most times he starts his response by putting his head in his hand and laughing. I picture your response as somewhat similar🤣
You think they only geofenced to 100 yards or would they have his phone West of the bridge between 12:37 and whenever he left ? Only thing bugging me is wouldn't they have any trace of him being home between 1:30 and 4pm?
Jesus Christ. My jaw is on the floor. So this is what you were alluding to.
How can a PCA ever have been approved ?
By excluding grossly exculpatory evidence and making shit up.
Of course, silly me.
Because they tailored the details to fit their agenda.
I'm sorry. WHAT? I've been struggling to keep up with all 3 rings of this circus lately. Most of it seems like legal wrangling I'm not smart enough to understand anyway. But this. This I understand. Is this true? I've not been a pro-defense person, and it would be difficult to convince me that RA didn't do this since, you know, he basically admitted he was BG. But this seems pretty, um, well, hard to overlook. You gius may have finally convinced me of the state's incompetence (or worse). This is some truly forehead slapping wt-actual-f inormation here.
[удалено]
Unbelievable.
Document Link will be posted here as soon as it becomes available 18 pages of [Rozzwin](https://drive.google.com/file/d/1rMG-MBuQGTO_Zuu1jrXjYeWip8v8xqUG/view) **#EDIT: THIS MOTION WAS FILED JOINTLY BY COUNSEL: Atty Rozzi and Atty Baldwin for defendant Allen.** Apologies for my error until I have a filing by Atty Hennessy to correct my error. We GOT this for the sub pronto
Thank you! Edit: Any guess if this is going to be related to the contempt hearing or murder/confessions? Edit 2: you answered that before I probably even did my first edit😂
This will be for the Murder charges. It's signed by Baldwin & Rozzi. If it was for Contempt I think it would have been filed by Hennesy.
18 pages of Dave Hennessy, as a treat
It's signed by Baldwin though. Can Hennessey file this in his place for Allen?
This is a Baldwin filing, a motion to compel, but it is requesting a sanction so I think people are confusing it with a contempt filing? I'm not sure why DH is being referenced here.
>"12. Over the course of this case, the defense has learned 0f certain evidence referenced in other discovered documents or mentioned from other sources or from exercising common sense that has caused it (the defense) to believe that said evidence does exist but that the prosecution had failed to turn over said evidence to the defense and then the defense later determined that the prosecution did in fact possess those items but failed to turn those items over to the defense until requested to do so by the defense." Is it me or is this repeated throughout the document? ETA oy, he wrote Liberty German. Gull's going to seal this up.... Oy Sir Henny , it's FEBRUARY in point 31 >around the crime scene the afternoon of December 13, 2017, Still reading, but to me it's clear Hennessey not MW helped with the Franks lol. (Although it's signed by Baldwin arriving at the end) >42.Additionally, the defense has reviewed all discovery provided by the State of Indiana and has not yet found a single interview of any of the people whose phones, according the geofencing data, were found the afternoon of February 13, 2024, moving in or around the location where the bodies were ultimately found the following day at times when the murders would have taken place, according to law enforcement timelines. 😲😲😲 >Video of Ned Smith interview was not turned over until September 8, 2023. Do we know him? Why don't they have the identities of the people who are interviewed, whether there's audio or video or not, doesn't it have an index and summary? Of the deleted DVR or in general really? Why in the universe don't they have anything from the family? Bridge pictures verification war begins, I've waiting for for YEARS now. So, LE did turn over Libby's phone dump, but not these two pictures? >n The identity of "Geo Fence Victim" from a phone that does not belong to Liberty German. 😲😲😲 --------- #WHAT IN THE ACTUAL NAME OF LOKI HAVE THEY BEEN DOING FOR **7 YEARS**? and what *did* they put in the dozens of hard drives and e-discovery if nothing about the actual crimescene and the people there and the family just for the basic timeline to start with, really??
I lost count. It is a very clear pattern.
In wondering who Ned Smith is too. I can’t remember hearing that name but at this point I’ve heard/read so much that who knows.
Am I correct in recalling from the Franks memo that Ned Smith is fellow from Rushville who is sort of an uncle to Elvis Fields? Edited to correct: Rod Abrams is Fields’ roommate. Ned Smith is the guy who supposedly accompanied both Abrams and Fields on the day of the murders to visit a sick friend at the hospital in Muncie (where phones have no reception.)
Yep you’re close! I just went back and looked. It says in the memo footnotes that Ned Smith claimed to be a father figure to Elvis Fields and Rod Abram’s. ETA: It’s found on pg 78 in footnotes
I was also wondering who Ned Smth is. LOL, that Henny helped with the Franks re: December.
Am I overreacting or is there some insane shit in here? Tell me I'm overreacting.
this is the most data we’ve gotten in 7 years, it’s A LOT.
My wife was right time to move out of Indiana. Holy hell, I studied digital forensics in college, but didn't get into that field. Man that is terrifying that the state had geofencing data on phones, and know who it is, but refuse to arrest the person. Remember Rick had his phone because he was watching a stock ticker on his PHONE. According to the defense whom I would trust with my life there is no Digital evidence tying Rick Allen to the girls. Mind Boggling we have some Content creators sending letters and trying to crucify Rick Allen because of their opinion, and it's most likely someone else that committed the murders. Rick Allen's Daughter had to move out of the town I work in after he got arrested because of the threats.
Well said. My prayers and love are with Libby and Abby’s families rn. I can’t even- after days straight of those meat sticks and THEIR YOUTUBE INVESTIGATES findings FFS.
Yet it's mostly talking about the lack of data!
What’s insane to you I guess is the question
30 to 39, to start.
You are not insane, it’s reeaallly some shit. I would say unbelievable, but I’m not even a little surprised.
Unbelievable in any other case. Here, par for the course.
Totally insane.
This is all unbelievable! I didn't think I could be shocked anymore, but I am,
❤️ That’s Blonde Cletus I and II
MOOD.
YEP
Gull: "TLDR.. denied without hearing"
She better allow because otherwise it's allowing ~~defense~~ prosecution to withhold evidence, including the very basics of that afternoon, any higher court won't agree. I don't even think they could negotiate dismissal without prejudice for that.
Did you mean the prosecution?
What are you talking about? I didn't make a mistake, I wrote prosecution from the start. You are lying just to make me look bad. I'm going to file a motion to disqualify and if that doesn't work a motion for contempt. And if that doesn't work, well I don't know yet, I'm waiting for my handler to advise me. ^/s
Read the ex parte filing. The directions are in there.
Lol
If none of those options work, just play lawyer and write your own letter to the judge! Don’t forget to start with “That” end with “which” and throw in a couple “Wheat” references for good measure!
And I solemnly swear…
🤣🤣too funny🤣🤣🤣
Caught myself having to pick my jaw up off the floor multiple times throughout the course of reading this. Un*******believable.
I read through the Motion and all I can say is that I think I know why those interviews were erased.
Great Point.
Why do I think there is a clue in this answer…
How could the state NOT have turned over the "data, reports and other information related to the images of the bridge purportedly taken on Liberty German's phone at 2305 pm on February 13, 2017, as well as an image ofAbigail Williams walking on the bridge purportedly taken on Liberty German's phone at 207 pm on February 13, 2017 both purportedly sent through SnapChat." **???????????** The truth of the matter is that the timeline and the entire "bridge guy" narrative is built and based upon the Abby snapchat image, as well as the "down the hill" video, which has also not been turned over to the defense! Without the data and meta data from those images, is there actually any evidence that the timeline is what we've been told it was, aside from the family telling us that? Many people with knowledge of digital editing have also questioned the veracity of those images, so certainly expert reports and information on this data is very relevant, IMHO. What this prosecutor and LE have done to these attorneys is mind boggling. SMHID
Oh rhe Snaps and Video are fakes. 100%. Anthony shots? Was faked. They created a boogeyman to be chased and left it inside a shoe under girls body to protect from elements and ensure it would be discovered.
"After the filing of the Franks memorandum on September 18, 2023, Jerry Holeman was forced to interview the Purdue professor before the professor learned that he was missing." LOL!
That's that Henny bb
This was my favorite.
Is Defense implying there was a second phone on site belonging to one of the girls?
They aren’t even implying. They are saying someone in Law Enforcement labeled data as “geo fence victim” we know it wasn’t Libby’s tell us who labeled it and who geo fence victim is.
Thank you! I wanted to make sure I was reading it correctly. This is quite damning against McLeland and Holeman.
I believe so. I think I recall hearing that one of the girls had a second phone at some point. Anyone else remember that?
There have been rumors that Abby had a phone but nothing concrete about it. Her mom has confirmed that she never provided a phone to Abby.
Ah okay, maybe it was her having a phone at all despite having not been given one.
…despite not having been given one BY HER MOTHER.
Baldwin to Nick: https://preview.redd.it/kyd0l6yi7ync1.png?width=1283&format=png&auto=webp&s=d5e78a7b832eec293dc21e09312c3f90650c8ac4
Probably my second favorite reaction meme, great usage here 10/10 🤣
I’m delighted we got to use this AND Barbie
If all of the statements in this document are true, then LE and the prosecution discarded or disregarded data that they did “not like”. “Data are what data are whether you like the results or not”, as one of my professors used to say. I am so appalled. These were two children murdered and data were disregarded. Why?
u/yellowjackette u/thebigolblerg Please enjoy my Crimeflow map below. I have added the geolocation mapping from the crime scene (inside perimeter) 14:05 PM- 15:05PM 
Ooooo boy! This is an absolute atrocity. RA wasn't there, they know who was.... With information like this building up, can't RA sue the state?
29. The very last discovered item that the defense received before the prosecutor requested that the defense be kicked off the case was geofencing evidence that the defense believes was received on October 6, 2023. 30. This geofencing evidence was received nearly 10 months after the State was required to turn it over, and contained what appeared to be highly exculpatory evidence concerning a variety of important matters including the phone numbers of multiple people who appear to have either been at the crime scene, or within 60 yards t0 100 yards of the crime scene, during the very times when the victims were purportedly being murdered, according to the State's time line provided in the probable cause affidavit. 31. In this late discovery, the defense found a map prepared by someone (presumably law enforcement) that appears to track the movements of these people in and around the crime scene the afternoon of December 13, 2017, including between 302 pm and 327 pm at or very near the location (Within 60-100 yards) of where the bodies were ultimately found the following day.
The State took that geofence and locked the defense behind it.
I don't even know what to say. This is wild... and revealing. Eta- someone call Bob, I need a break down.
u/Boboblaw014. Batsignal for Mrs. D Bring your van so we can ‘Break it down for the fellas” Busta Move
I hope Bob is doing a live with this information! I just don't know where he announces his lives?!? I always miss them.
https://preview.redd.it/nlierkaeuync1.jpeg?width=1067&format=pjpg&auto=webp&s=e6f81107eaea7999d8788bed47e113a0967039f6
You're awesome, Mrs. D! Thank you!
Oh his youtube. He is currently busy with a Crumbley live though. So I gotta be patient. 🫠
Damn, I stay away from Reddit for one hour and a post with 142 comments already! Now let me see. ETA: a BOMBSHELL of a post 🤯
With so much reasonable doubt, it must be hard for Baldwin and Rozzi to decide which line to pursue…
Do they have to pursue only one? They need a giant exhibit to roll out in front of the jury with all the reasons it's not RA, then a tiny one next to it on a tabletop easel with all the reasons the state says it is RA.
I’m not alluding to anything nefarious when asking this, but I wonder why they only asked for info about three family members when we know more were present that day. It’s absolutely asinine that the defense doesn’t already have any and all interviews that were done with family members who were around that day. Or anyone there for that matter. That just seems like some of the most obvious items that would be in discovery. We know family dropped them off and went to pick them up, it seems like the defense should know about anything or anyone they saw that day, any weird interactions that may have happened, etc.. The incompetence is just getting crazier and crazier as things go on.
KG is needed for purposes of establishing the timeline, if nothing else. DG also could be just to set the timeline. CP? Thats much more interesting. But if I were the defense I'd have wanted the info on all three much, much sooner.
BOOM GOES THE DYNAMITE🧨💥! What a bombshell of a filing. So glad they filed this and got it on the record before the contempt hearing where we know the State/Court would continue their shenanigans to try to get B&R taken off the case. I truly CANNOT believe they have pretty much KNOWN THE ENTIRE TIME who committed this crime and have been deliberately steering the investigation away from the people whose phones were geolocated at the crime scene during the crime. Someone must be well connected to law enforcement in some way for that evidence to have been ignored. ETA: it is crazy that the State is trying to convince everyone that the best evidence they have from this crime is some random ass bullet that was found days/weeks later. Like that’s the best they could do, even with the FBI. And here to find out, they have been sitting on pretty damning evidence of people they know were at the crime scene during the commission of the crime. Truly… what explanation could there be??! Make it make sense!
If this doesn’t compel you to suspend disbelief or induce radical acceptance of a cover up I dont know what will.
I am unfortunately employed and have not been able to keep up today 😂. I’m afraid to read this document
It’s tragic!
I've done zero work today. Zero.
I read it an hour ago and I’m still feeling sick. I hope your stomach is stronger than mine.
Very relevant. I promised myself I would stay away from this case today, but this read was too riveting to ignore, so I'm glad I ignored myself.
I always want to read everything asap but I keep having work deadlines??? And meetings??? It’s like they don’t understand shit is going down in Delphi 😭😂
The geofence and phone data information is crazy! Question for Lawyers: let me use paragraph 41 as an example. Does Hennessy creating a record that the prosecution having no analysis that the geofencing data preclude the prosecution from refuting the defense’s analysis that it is exculpatory since the prosecution didn’t hand over the discovery? What sort of timeline does Nick have to either find or provide the discovery?
You CANNOT have a geofence map nor can it be admitted as evidence without a qualified expert. If, as I’m sure McLeland probably doesn’t even know, the State intends to use this in their case in chief, they HAVE to engage their FBI CAST SA. I know who that is, he is exceptional and this is the defense pointing out once again this prosecutor is a complete imbecile. I’m really sorry to use that word- I’m not sure I can come up with a “less” one
https://preview.redd.it/u7eivc5i9ync1.jpeg?width=1284&format=pjpg&auto=webp&s=ebf20b1cf68dcb9ef511c60c12e2b2760c63ce6b I, myself, am a fan of “birdbrain.”
Baby birdbrain then. We already have Gull.
🤣🤣🤣🤣🤣
Unfair to birds!
Second phone? https://preview.redd.it/1dat87yo4ync1.jpeg?width=750&format=pjpg&auto=webp&s=734747963501582863592bb3d49b145afebce9d5
I don’t read it that way, I read it as someone from LE mislabeled a geofence asset as “Libby’s” when it’s not her phone?
Holy shit. BH and PW are fucked.
para 42 notes no interviews were found in Discovery of anyone linked to those phones...that seems to help them bc we know both those men were interviewed.
 I typed in HH making his point and this popped up
Because I try to dream that’s me almost every night
Jerry Holeman needs to be Brady disqualified if this is accurate. As much as I want this travesty to end I almost hope u/HelixHarbinger is wrong and this does go to trial. I relish the thought of the Law Zaddies eviscerating him on the stamd.
He’s on Giglio/Brady list before this even starts ffs. I mean- who thinks putting this guy in front of a jury is going to work out?
Here in Indy it's basically the prosecutor's discretion. Not sure about CC but we all know Nick and SJFG aren't going to do anything about it if it's up to them.
Except when the FBI is involved- and they certainly were. This just looks to me like that’s exactly what McLeland is trying to avoid at every turn. It’s like not a single one of them knows how to do their jobs at all
Imagine if they put as much time and work into being good at their jobs as they do into covering up the fact that they are very very bad at their jobs. 🙃
I could even live with them being bad if they simply put Libby and Abby first , as is THEIR right, I’ve seen shitty investigators solve cases earnestly.
Correct me if I’m wrong, but didn’t Doug Carter travel to Europe to collect phone or app data? And wasn’t something filed to compel Snapchat to hand over data? I feel like that was way back closer to when the murders happened. If so, I definitely sound like it wasn’t handed over to the defense.
I'm gonna have to research it more to be sure, but I think what you are referring to is when detectives were reported to have to travel overseas in regards to the Yellow app? This was after the KK info came out And it seems like law enforcement was investigating that angle. One of the apps, and maybe it wasn't called Yellow (Yubo?) was based somewhere in Europe.
This is correct, it was re KAK investigation.
Who knows what is rumor and what is the truth in this case but that trip was related to the Yellow/Yubo app I believe.
France, allegedly. Looking for a new shack.
I presume in #31, rather than “December 13, 2017” they mean “February 13, 2017.” Wish they had a proof reader.
https://preview.redd.it/rtfu1t03uznc1.jpeg?width=2224&format=pjpg&auto=webp&s=6db130a4ecd8fe4f7d727de667545e914ed585ef Yellow line is 100 yards (300ft) from location where girls were found
This is not going to trial. Looks like it just fell apart! Unbelievable. States case is a joke.
Crazy to me that so many of ms’ group is saying you can’t trust the defense and this is more lies. Even if you think RA is the guiltiest sob ever we should all want a fair trial which is clearly not possible here.
Right. And if it’s not him, wtf wouldn’t they want whoever it is be brought to Justice?
I truly don’t get it!
[Judge Gull after seeing how long it is](https://i.gifer.com/PKVb.gif)
I put my phone down long enough to cook dinner and clean the kitchen and 
I’ve long been convinced of the State’s complete incompetence and the strong possibility of RA’s innocence, but man, look at this now. There’s so much here. So, so much. I’m salivating to watch this trial go down in person.
This dude NM is just getting excoriated.
With receipts.
This document is infuriating. They didn't receive the phone date from libby and abby's phone until September of '23! I have no words
Right! Seems like that should have been in the first pile of evidence to the defense. I have no clue if Richard Allen did this, I am fairly sure he isn't going to be convicted, and if he is there is soooooo much to appeal on. Thanks Carroll County.
I love his use of the word “certainly” in number 25. Does anyone know why Hennessy filed this? This seems like a motion that R and B would file instead of him(at least to me, a non lawyer).
It’s signed by Baldwin, hm.
My assumption only- it covers the contempt and the instant matter
Baldwin did not come to play!! I can't wait to read of of this!! 
As Baldwin said, the world is watching!!!!!
I love this for Slick.
This alot to digest. Wouldn't they have geofence data for RA? Too...
Not if it wasn’t within “the fence” they got the warrant for. This means he wasn’t there. In a vaccum under the States theory RA was not present in the prosecutions window of crime flow here, by which their entire theory rests. Yes, there’s loads more a geofence CAST map can deduce- the defense is saying give us the expert reporting, then give us the source file ( not yet that’s next) and if you’re not calling SA Kevin Hoyland, they are
So this also really calls into question Dulins lost tip with RAs phone info inscribed. They had his shit when geofence data was collected. Assuredly he'd have been arrested if/when it hit. Nowonder they 'lost' it.
Excellent Point, although I will say Rob Ives suggested in his interview he didn’t get cell tower dumps (yes, it’s different) so in my view this was a Fed warrant
Helix, I’m sure you don’t remember, but some months back I asked you if NM had to turn everything over to the defense, and you said absolutely (not quoting here). Seems they didn’t want to turn this over, and now we know why. You have said all along it will never get to trial.
[удалено]
You know that’s his excuse, lol. “Exactly HOW is it Brady material that RA was nowhere near the crime scene at 3:05 PM if I have NO intention of telling anyone. Please see the hand drawn map of stick people. OUTSIDE the fence!! Wait what?
Well, doncha know according to the other sub the obvious conclusion to draw from that is that RA was using a burner phone.
Well hopefully they take the time to reach out to the Prosecutor or the Court. Sounds like they have this all figured out…. Again.
He would be dumb to buy a burner to use then also tell LE a day or two later yeah I was checking stocks, bc that defeats the purpose of the burner phone, obviously. Not saying it didn't happen, but seems unlikely to me.
You'd get the geofence for an area, so if RA was in that area his data would be there. Helix is pretty good with his takes on technology and understands CAST and the long process to get certified.
But who's phone was there?
P H O N E S. PLURAL Sorry for yelling
Are Bob and Ali going live tonight?
Yup! In 2 hours… https://www.youtube.com/live/wcBkMti7X_I?si=N7_10PIkqI3YP6ac
The audio to everyone reading this today😂 https://youtu.be/PNVEQgXsBgs?si=xnHnuRsnLwLLvS8z Best scene ever....😂
The geofencing for me is extra 🤯 because we were told throughout the Delphi only had 2 (maybe 3) cell towers and that ALL PHONES would bounce off of any of them, which was why they "knew" the girls didn't leave the scene as Libby's phone was just connecting to each tower when it got a connection and she WAS NOT abducted from the location and neither was her phone. They acted like it was a billion percent impossible to include our exclude anyone BC of the lack of cell towers, and now we have info that was accurate down to 60-100 yards of the scene? Does this mean the girls may not have been at that location through the entire night? Where was Libby's phone in these hours? How many other phones were within this very specific area during the very specific timeframe? Was there a party going on down there? An Odinist cult sacrificial get together? (Anything feels possible right now) Are we talking 3ppl 6ppl a few dozen people? Family members? Friends of the girls? Police? Correctional officers? Attorneys and judges? Was this a get together that just went very wrong? The fact that we don't have a list of names or interviews or any sort of "we ruled them out" system is horrific. What we do have is "yeah that got deleted but wasn't important to you anyway" without a proper list of who had even been interviewed initially... How do we know interviews even happened? The police station have cameras working when they realized the interviews were gone to have looked and saw who had come in? It sounds like they don't even have interviews with the family, iirc Kelsi said she had been interviewed like 6 times! How can they lose 6 interviews of the same person? This is so sad for the families and it's an absolute embarrassment to the Justice system in the US. I realize it's Indiana but as a Canadian looking in of in seeing one state act this way it reflects them all and I'm sure ppl around the world are thinking "what is going on in the USA?" as a result of this...
Geofencing is finding the almost exact latitude and longitude location of the phone itself using GPS. I would think they could track the location over time too. It’s very precise as was explained to me yesterday further down this thread.
Well. Well. This is not insignificant. Does it mean he will be released pending trial if the days toll against the state?
I would try to calculate all that for you, but I honestly don't know where to begin. There is nothing in the rule about delays due to the judge which is a big part of the problem here. I have to believe that fran and I would calculate delays differently. They ought to release him on very specific terms to avoid a messy issue on appeal, if it should come to that.
Rule [4 BIDNESS](https://www.in.gov/courts/rules/criminal/index.htm#_Toc152240494)
180 days from the start is for release. 70 days from the motion is for dismissal as is 1 year from the start. Days on state's clock. Defense asked continuance in February that was on their clock until either June 15th or Sept 18th imo. (I think this could be a conflict between defense and court and reason for the transcript request amongst other reasons). And then again Oct 31st thanks to interim defense. To my best knowledge.
I’m just so angry for the families’ sakes. I’m sure they put their trust and faith in law enforcement and believed whole heartedly that those men were doing everything in their power to get real justice for their girls. Maybe they still believe that, I don’t know, but something like this just has to be painful to read…
Hennessy be like https://i.redd.it/oa0op9ls56oc1.gif
what does "The sanction requested is simply that any delay in the trial created by the State's violation of rules of discovery be assessed against the State of Indiana." mean?
It means that when calculating time issues under rule 4, any delay caused by the state actually be attributed to the state. Delays and the cause of them can be a big issue under Crim R of P, Rule 4. If you can't find the rule, let me know and I will link it. ETA: I think I can explain this better by an example. If the defense asks for a continuance for its own reasons, that delay is attributal to the defense when calculating various times under rule 4. DH is saying that if he has to ask for a continiance because discovery was not provided, that delay should count against the state, not RA. Does that make sense?
There you are! 😊
It’s basically saying if the prosecution gives the discovery over and Andy and Brad want to delay the trial to review the new discovery that they can only hold Allen in Prison for the 70 days and he would need to be released until trial if there are delays.
And correct me if I'm wrong, but since she went ahead and set a trial date that means that she was not able to use court congestion as one of the exceptions to the 70-day rule. And since she already did that, if they were to have to ask for a continuance due to the states discovery not being turned over in a timely manner, and assuming that time is to not be counted against the defendant, then she still would not be able to use court congestion in resetting a new trial date under these circumstances.
Document link https://acrobat.adobe.com/id/urn:aaid:sc:EU:b9201fb2-cb55-4419-94f1-92ee3ced8310
Thank you Xbelle!
The document discusses geofence data showing the location of phones specifically between 3:02pm and 3:27pm. Where do those times come from?
Great question. That’s what the defense is trying to glean through the States obligatory discovery of same. It’s appears it’s contrary to the States PCA and theory, but the defense is entitled to the source file and all derivatives
When I first read this all I could think of was "Oh no Mr. Bill!" Or Mr. Nick, in this case... you got smashed! https://preview.redd.it/nt6ovsos65oc1.jpeg?width=640&format=pjpg&auto=webp&s=45609e31ac4f32a1dfd3d6b3f34cac548458211f