Title: Murder Sheet – Episode Summary: The Delphi Murders: The Defense's Sentencing Memorandum

Introduction

In this gripping episode of Murder Sheet, hosts Áine Cain, a seasoned journalist, and Kevin Greenlee, an experienced attorney, dissect the defense's sentencing memorandum in the high-stakes Delphi murders case. Scheduled for release on December 19, 2024, this episode provides an in-depth analysis of the strategies employed by Richard Allen's defense team as he awaits sentencing for the brutal 2017 murders of Liberty German and Abigail Williams in Delphi, Indiana.

Understanding the Sentencing Process

The episode begins by elucidating the sentencing process following a conviction. Kevin Greenlee explains the significance of the pre-sentence investigation (PSI):

"The pre-sentence investigation is a tool designed to give the judge the information the judge needs in order to impose the appropriate sentence." ([02:07])

Áine Cain adds detail about the PSI, highlighting its role in presenting a comprehensive profile of the defendant, including factors like mental health history and behavior in custody:

"It's supposed to provide a judge with a really comprehensive portrait so that they can rule accordingly. Look at things like mitigating factors or maybe even stuff that might be aggravating." ([02:29])

Defense’s Sentencing Memorandum: An Overview

As the sentencing hearing looms, the focus shifts to the defense's memorandum submitted by attorney Andrew Baldwin. Áine Cain characterizes the memorandum as the defense "taking its ball and going home," suggesting a strategy that withdraws proactive defense efforts at sentencing:

"Feels like a team that is taking its ball and going home, essentially." ([05:52])

Kevin Greenlee reads a critical excerpt from the memorandum:

"Richard Allen maintains his innocence and is hopeful that the appellate process will provide him with an opportunity to present a full defense at a second trial." ([06:22])

Analyzing the Defense’s Strategy

The hosts critique the defense's approach, pointing out repetitive and seemingly strategic messaging aimed at appealing to a broader, possibly conspiratorial audience rather than focusing solely on persuading the judge. Áine Cain notes:

"There is a lot of repetition here. But, you know, it is a defense filing." ([22:21])

Kevin Greenlee highlights the memorandum’s insinuation that the current judge may lack impartiality:

"Richard Allen is looking forward to the appellate process, which he anticipates will include adjudication by a neutral, detached, and unbiased tribunal." ([31:33])

Áine Cain criticizes this tactic, suggesting it undermines the defense's credibility:

"We are insulting the judge in this memorandum, which should be trying to persuade her." ([34:49])

Mitigating Factors and Their Implications

The memorandum lists several mitigating factors intended to soften Richard Allen’s sentencing. Áine Cain breaks down these points, questioning their relevance and effectiveness:

"His lack of any prior criminal history is a mitigating factor." ([26:02])

Kevin Greenlee adds another point from the memorandum regarding the hardship Richard Allen's imprisonment imposes on his family:

"Richard Allen was the main breadwinner for the household... His imprisonment has created and will continue to create a hardship on his wife of 30 plus years, Kathy Allen." ([26:28])

Áine Cain critiques the inclusion of non-essential details, such as Allen being sent to Westville Prison without a hearing, viewing it as irrelevant "kitchen sinking":

"Whatever arguments you have to make on that point really don't apply or are pertinent to the point of any hardship that may or may not exist for Kathy Allen." ([28:06])

Criticism of Defense’s Public Messaging

The hosts express disapproval of the defense’s apparent strategy to engage with the public and conspiracy theorists through their filings, rather than maintaining a focused legal defense:

"This is written for the YouTube audience. This is written for the conspiracy theorists." ([09:07])

Kevin Greenlee concurs, emphasizing that such tactics may backfire and harm the defense’s reputation:

"They insulted the judge in the memorandum, which should be trying to persuade her." ([15:21])

Judge Francis Gull’s Role and Sentencing Expectations

Both hosts agree that Judge Francis Gull may not have been the ideal judge for this case, citing public dissatisfaction and perceived mishandling of proceedings. Áine Cain reflects:

"I don't think he's gonna get the minimum. I think people like him should die in prison." ([21:20])

Kevin Greenlee supports this sentiment, asserting that the evidence against Richard Allen is overwhelming:

"We're all interested in it, but to a certain extent, we know what's going to happen. We know he is going to receive a sentence that is going to absolutely guarantee that he will die behind bars." ([05:52])

Conclusion: The Inevitable Outcome

The episode concludes with the hosts affirming that despite the defense’s efforts, the extensive evidence presented during the trial makes a lengthy or life sentence for Richard Allen unavoidable. Áine Cain summarizes the defense's memorandum as "blustery nonsense":

"This memorandum is just blustery nonsense." ([38:54])

Kevin Greenlee adds that even with a stronger defense, the integrity of the evidence would likely have led to a severe sentence:

"Even if they'd had a stellar defense, their client would have been convicted." ([37:49])

Looking Forward

Murder Sheet plans to attend the sentencing hearing and promises to provide listeners with comprehensive coverage of the outcome in an upcoming episode.

Notable Quotes:

• Áine Cain ([02:29]): "It's supposed to provide a judge with a really comprehensive portrait so that they can rule accordingly. Look at things like mitigating factors or maybe even stuff that might be aggravating."

• Kevin Greenlee ([06:22]): "Richard Allen maintains his innocence and is hopeful that the appellate process will provide him with an opportunity to present a full defense at a second trial."

• Áine Cain ([09:07]): "This is written for the YouTube audience. This is written for the conspiracy theorists."

• Kevin Greenlee ([15:21]): "They insulted the judge in the memorandum, which should be trying to persuade her."

• Áine Cain ([21:20]): "I don't think he's gonna get the minimum. I think people like him should die in prison."

• Kevin Greenlee ([37:49]): "Even if they'd had a stellar defense, their client would have been convicted."

• Áine Cain ([38:54]): "This memorandum is just blustery nonsense."

This detailed summary captures the essence of the episode, highlighting key discussions and insights into the defense's sentencing memorandum in the Delphi murders case. Through critical analysis, Áine Cain and Kevin Greenlee provide listeners with a nuanced understanding of the legal strategies at play and their implications for the eventual sentencing of Richard Allen.