Episode Summary: "The Delphi Murders: The State's Response to Motion to Correct Error"

Release Date: February 5, 2025

Introduction

In this episode of Murder Sheet, hosts Journalist Áine Cain and Attorney Kevin Greenlee delve into the ongoing legal battles surrounding the Richard Allen case connected to the notorious Delphi murders. The discussion centers on the recent motion filed by Allen's defense team to correct alleged errors in his trial and the state's subsequent response.

Background of the Richard Allen Case

[03:53] Anya Cain introduces the context by explaining that a few weeks prior, defense attorneys Andrew Baldwin, Brad Rosie, Jennifer O.J., and others filed a Motion to Correct Error. This motion aimed to identify and rectify what they claimed were significant errors during Allen's trial, potentially seeking to overturn his conviction.

[04:10] Kevin Greenlee emphasizes the skepticism surrounding the motion, stating, "We work pretty hard at the murder sheet and sometimes... you've probably seen this firsthand." This hints at the depth of their investigative approach and their familiarity with the defense team's tactics.

Defense's Motion to Correct Error

The defense's motion alleged several critical points:

1. Safekeeping Order Violations: The motion contended that Allen's transfer from Carroll County Jail to the Indiana Department of Corrections violated his rights. They claimed this transfer lacked proper legal oversight and constituted a critical error.

2. Secret Legal Representation: The defense asserted that Allen had a "secret lawyer" who was not disclosed or present during the safekeeping hearing, thereby infringing on his right to counsel.

3. Alleged Confession by Ron Logan: A significant claim was that Ron Logan, another individual connected to the case, confessed to hearing from an inmate that he was responsible for the murders.

4. Phone Evidence Tampering: The motion suggested that Liberty German's phone was tampered with post-crime, alleging that headphones were plugged in and then removed without detection, undermining the timeline established by the state.

[17:55] Kevin Greenlee comments, "By golly, that attorney was not present at this safekeeping hearing...it's just bullshit," underscoring the hosts' dismissal of the defense's claims as unfounded.

State's Response by Nicholas McLellan

[35:57] Anya Cain outlines the state's rebuttal to each of the defense's points, primarily through the detailed response filed by Nicholas McLellan, representing Indiana.

1. Safekeeping Order:

   • Legal Compliance: McLellan clarified that the safekeeping motion followed the statutory procedures, negating any claim of rights violation.
   • No Critical Stage: The motion did not pertain to Allen's guilt or innocence but was a procedural matter regarding his custody, thus not qualifying as a critical stage requiring immediate legal counsel.
   • Judge's Ruling: The judge denied the defense’s appeal, affirming that the lack of an attorney during the motion did not impact the trial's outcome.

   [36:18] Kevin Greenlee affirms, "I agree with that completely," aligning with McLellan's stance.

2. Brad Weber's Involvement:

   • Questionable Evidence: The defense presented a blurry video purportedly showing Brad Weber near the crime scene at an adjusted timestamp. McLellan dismantled this by highlighting the video's unreliable timestamps and lack of credible evidence linking Weber to the murders.
   • Prior Knowledge: The defense had access to this video a year before the trial but chose not to present it, undermining its credibility as "newly discovered evidence."

   [46:03] Anya Cain summarizes, "The story is nonsense," reflecting the hosts' consensus on the improbability of the defense's claims.

3. Ron Logan's Alleged Confession:

   • Credibility Issues: The confession from inmate Ricky Davis was deemed unreliable, especially after Davis failed a polygraph test.
   • Lack of Corroboration: There was no supporting evidence to substantiate Logan's involvement, making the confession insufficient for legal proceedings.

   [57:03] Kevin Greenlee states, "Ron Logan did not kill Abby," reinforcing the dismissal of this claim.

4. Phone Evidence Tampering:

   • Technical Flaws: The defense's argument about potential phone tampering was criticized for relying solely on unfounded assumptions without empirical evidence.
   • Expert Testimony: McLellan pointed out that the expert cited by the defense had inadequate experience in cell phone forensics, further invalidating their claims.

   [65:01] Kevin Greenlee remarks, "That's patently ridiculous," emphasizing the lack of merit in the defense's assertions.

Analysis and Discussion

[06:02] Kevin Greenlee critiques the media's handling of defense claims, noting a tendency to sensationalize unsubstantiated allegations without adequate fact-checking. He observes, "It's more interesting to say wrongful conviction than... it turns out to be kind of a garbled version," highlighting the media's role in potentially misleading public perception.

[10:41] Anya Cain and [11:08] Kevin Greenlee discuss the challenge of maintaining journalistic integrity while countering misinformation, stressing the importance of scrutinizing defense tactics that prioritize media attention over factual accuracy.

The hosts express frustration with the defense team's strategy, which they believe has not only failed to provide credible evidence but also damaged their client's case through misguided appeals to media sensationalism.

[24:04] Anya Cain asserts, "They did not do well by Richard Allen," encapsulating the hosts' disappointment with the defense's performance.

[39:59] Anya Cain concludes the section on the defense's inadequate representation by stating, "The defense attorneys made it clear throughout their entire representation of Mr. Allen that they cared less about Mr. Allen than they did courting the media."

State's Assurance and Future Proceedings

[20:39] Anya Cain anticipates that Judge Goel will likely deny the motion without a hearing, indicating that the state's response will stand strong against the defense's claims. The upcoming focus will shift to appellate attorneys Mark Lehman and Stacy Uliana, who are renowned for their competency in handling appeals.

[36:54] Anya Cain summarizes McLellan's final arguments, emphasizing that even if hypothetical errors were present, they did not prejudice the jury's verdict. "The jury did not find the defendant guilty because a determination on his safekeeping was made without a hearing," she explains.

Conclusion

In this episode, Áine Cain and Kevin Greenlee meticulously dissect the defense's Motion to Correct Error, systematically debunking each claim with factual evidence and legal expertise. Their analysis underscores the robustness of the state's case against Richard Allen and highlights the shortcomings of the defense team's approach, which seemed more focused on media sensationalism than on presenting credible legal arguments.

The hosts reaffirm the integrity of the original trial proceedings and the state's commitment to upholding justice, dismissing the defense's attempts to undermine Allen's conviction as baseless and unsubstantiated.

Notable Quotes

• [06:02] Kevin Greenlee: "It's more interesting to say wrongful conviction than... it turns out to be kind of a garbled version."

• [22:37] Anya Cain: "I saw two ill, I guess three ill-prepared attorneys who were clearly out of their depth."

• [28:36] Kevin Greenlee: "It's insulting to everybody... It was nonsense."

• [39:12] Anya Cain: "The defense attorneys made it clear... they cared less about Mr. Allen than they did courting the media."

• [63:51] Anya Cain: "Ron Logan did not kill Abby."

Final Thoughts

This episode serves as a comprehensive examination of the legal maneuvers in the Richard Allen case, providing listeners with an informed perspective that challenges sensationalist defense claims. Murder Sheet continues to uphold its journalistic integrity by offering in-depth analysis and factual clarity in the realm of true crime.