We're close to the end. The defense rested this morning and then we finished rebuttal witnesses this afternoon. Closing arguments start tomorrow.
-Defense attorney Brad Rozzi told the courtroom the defense rests shortly after court began
-This apparently caught the prosecution off guard because they're rebuttal witnesses weren't there yet and so we had to take a break and wait for them
-During this time the attorneys discussed the jury instructions some
-Judge Gull said she would read instructions to the jury before closing arguments and neither side had a problem with that
-First rebuttal witness for the prosecution was Breann Wilbur
-She took the stand previously and was on the trails the day Abby and Libby went missing
-The prosecution admitted a snapchat photo she took when she arrived at the trails around 12:25
-She then walked to the high bridge and didn't see any girls and didn't see bridge guy
-This seems to be pushing back on Allen's statement during his first interrogation where he said was on the trails from 12 to 1:30 after initially telling police in 2017 that he was there from 1:30 to 3:30
-Defense attorney Andrew Baldwin seem to insinuate during cross that police were more focused on the end of her time on the bridge and not the beginning
-He basically said we all just have to rely on her memory
-Next up was Master Trooper Brian Harshman
-He also previously took the stand and was the one assigned to listen to all of Richard Allen's phone calls
-Harshman testified Allen has essentially been in solitary confinement since his arrest
-Seems that the insinuation was why did he only become psychotic at Westville
-The defense did not cross examine Harshman
-Last up was Dr. John Martin who was the psychiatrist at Westville who treated Allen
-He went to medical school in India and worked in several Florida prisons and jails
-He first evaluated Allen in November 2022
-He said Allen was stable and had no problems that he could outside of his previous mental health history
-Martin said he had treated "safekeepers" previously but never one in solitary confinement
-He testified that even though there was mental harm by putting Allen in solitary it was done with the intention of keeping him safe
NOTE: There was some notable reaction from defense team when Martin said this because it's exactly what they want him to say.
-Martin met with Allen 18 times in 13 months
-After their first November meeting, Martin didn't see Allen again until April 2023
-Martin was asked to come to the prison and saw Allen laying on his cell floor naked and covered in feces
-The next day it was decided that Allen would get a Haldol injection
-By early May, Martin said Allen improved and there was no evidence that he could see of psychosis
-That continued into June when Martin had another meeting with Allen
-It was during this meeting that Allen said he wanted to apologize to the families of his victims
-Martin said he did not present as psychotic during that meeting
-During cross, Rozzi starts to ask about lawsuits Dr. Martin was involved in down in Florida regarding solitary
-Deputy prosecutor Stacy Diener objects and he moves on
-Dr. Martin agreed that solitary confinement can bring about and exacerbate mental illness
-He testified that he never saw the videos of Allen at Westville
-Rozzi then played a video from around the time Allen made that statement
NOTE: Allen nor his family watched the video. They turned their heads away and some were crying as it went on.
-It showed Allen getting a medical check up at the prison while strapped to a chair
-He appeared catatonic and had a blank stare on his face
-Very similar to the photo below that his attorney's released of him
-During redirect, Martin said the video was not how he remembered Allen that day and he can't explain why
-He said it doesn't make him think he was wrong
-During recross, Rozzi asked if seeing that video made him question his assertion that Allen was no longer psychotic and Dr. Martin said it did
-The jury asked 4 questions including about whether what Allen looked like on the video could be him faking his symptoms
-Martin said no
-Martin did say it's possible Allen could slip in and out of psychosis in a 24 hour period
-That was the prosecution's last rebuttal witness
-Seemed notable to me that they didn't bring anyone to refute the phone data from yesterday that seemingly blew up their timeline
-Defense didn't call any rebuttal witnesses
-Judge Gull turned to the jury and said "you have heard all the evidence in this case"
-Jury was sent home for the day
-Once the jury left, Baldwin asked Judge Gull to issue an arrest warrant for Elvis Fields
-He is one of the supposed Odinists the defense contends killed Abby and Libby in a sacrifice
-Fields was issued a subpoena and never showed
-Baldwin wants him to testify outside the presence of the jury but for the record in case an appeal is needed
-Gull said he wouldn't have been allowed to testify in the case so she's not going to do that
-Court wrapped up early and closing arguments begin at 9 am tomorrow
-Each side gets 2 and a half hours for closing
-Prosecution will go first followed by the defense
-Then the prosecution will get a rebuttal and that will be the last work
-Appears Brad Rozzi will be doing the closing for the defense while McLeland handles it for the prosecution
-After that, it'll be up to the jury
#DelphiTrial
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Want to start with some really important testimony from one of the defense's witnesses this afternoon that calls the prosecution's timeline of the crime into question
-This afternoon the defense called Stacy Eldridge to the stand
-She is a digital forensic examiner and worked at the FBI for about a decade
-She is being paid by the defense team and was asked to do a review of the data that state police extracted from Libby German's cell phone
-She did not do her own extraction, just analyzed data state police had already extracted
-State Police did not do what's called a "Full File" extraction initially, but did one in October 2017
-Eldridge said the delay in doing that full file extraction caused issues
-Started after lunch with Richard Allen's half-sister Jaine Jones
-Defense attorney Jennifer Auger asked her if Allen ever molested her. She said no.
-She was asked if she loved him. She said yes.
-Auger then asked if she would lie for him. She said no.
-Up next was Richard Allen's daughter Brittany
-Auger apologized before asking her if her father ever molested her. She said no.
-Auger asked her if she loved her dad. She said yes.
-She was asked if she would lie for her dad. She said no.
-On cross examination, deputy prosecutor James Luttrell asked her if she and her father would go to the trails often. Auger objected and it was sustained.
-We began this morning with Dr. Polly Westcott who is a specialist in forensic psychology
-She is paid by the defense and was asked by them in May 2023 to evaluate Richard Allen
-She did so by reviewing his medical records, as well as the video of him from prison and she went to Westville Correctional Facility to evaluate him
-Her in-person exam was in August 2023
-In her report, she found Allen had an “ extensive mental health history”
-Said he was closed off as a child and began anxiety meds in his 20s
-He has struggled with at times severe depression throughout his life
-She diagnosed him with dependent personality disorder which means he needs other people to feel like a whole person
During the half-day session, videos taken on a camcorder of Richard Allen at the Westville Correctional Facility were played for the jury. The screen was turned away from the public "out of respect" for Mr. Allen, his attorneys said
-Some of the videos are of Mr. Allen fully naked
-The prosecution again objected to having the videos shown but Judge Gull overruled them
-The defense say the videos show his deterioration in prison
-Since we can't see the video, we watched the jurors reactions
-As the first video was played, one juror was immediately "aghast," according to the pool reporter
-During the second video, the jurors were described as "tense" but not appalled
-The third video is about 5 minutes, one of the jurors can be seen biting her lower lip
-After the video debacle in the morning, the defense called several witnesses when we got back from lunch
-First up was Brad Heath who is a retired exterminator
-He was doing a job at a building near the trails on Feb. 13, 2017
-The building is near the old CPS building where the prosecution says Richard Allen parked his car that day
-He arrived around to the building for the job at 1:46 PM and left around 2:06 pm
-He described seeing a dark blue, older car parked near the trails that day
-He said "it just looked out of place"
-He said he believed the car was from the late 80s or early 90s
-However, he could not say whether or not other vehicles were parked at the old CPS building that day
NOTE: See my other thread for information on the back-and-forth regarding the videos of Allen at Westville Correctional Facility
-First on the stand was Hammond Police Officer Christopher Gootee
-He interviewed Brad Weber about 6 days after the murders with an FBI agent
-When defense attorney Jennifer Auger asked him if Weber went straight home after work, Gootee said he didn't know
-She then showed him a report done by FBI Special Agent Adam Pohl to see if it could refresh his memory
-Gootee looked at the report and still couldn't say if Weber went straight home after work
-Auger appeared stunned and confused
-Gootee stepped down soon after