The Delphi Murders: A Motion to Disqualify and a Motion to Dismiss

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[00:04:20] And this is the Delphi murders, a point to the fact that she tried to remove them from the case. She has indicated she finds them to have been negligent. She's called their strategy into question. She's accused them of lying in court motions in court filings. So the implication from all of that, they say, is we're not confident we can get a fair

[00:04:24] trial from this judge. the defense has raised in their most recent motion to have her disqualified were not considered by the Indiana Supreme Court. For instance, they pointed out that when the attorneys who judge goal had selected to take on the defense were in charge of the case, she indicated that they wanted a hearing

[00:05:41] on the Frank's motion.

[00:05:42] She would grant that when Rosie and Baldwin came back on. to behind the scenes who have nothing to do with this case but have legal careers and kind of understand how things work. They always said, well, they can't both stay on, you know. By both immediately defense attorneys and such. Yes. So because of this, because the trust has broken down so much, the relationship has broken

[00:07:00] down so much. The, you know, so it just, there say maybe she has it in for these these attorneys and if a reasonable person could come to that conclusion about this particular judge then this judge is not the person who should be overseeing this case. And it's

[00:08:21] not about... That's not a slam against her. No it's not actually it's just a

[00:08:25] matter of where we are and being realistic about it and it's actually Because it seems apparent that it would be difficult, if not impossible, for a judge goal to oversee a trial with these two defense attorneys. So I wonder, is she intending to keep them on? Is she intending to try to remove them in a different way?

[00:09:42] And that's where a real question lingers for was like, you can't remove them for something like this. You can remove them for a conflict of interest, but conclusion. I agree. I don't see what the reason is to not continue that. Because again, that could be problematic. If she insists upon a hearing on the 12th to address the alleged contemptuous behavior

[00:12:22] by the defense attorneys and they previously who they're, you know,

[00:13:41] it feels like it's like a standoff still

[00:13:43] even though everyone's back on.

[00:13:45] And I sort of, you know, I sort of question You longtime listeners know we love two things, mysteries, and June's journey. Say bun voyage to the everyday when you play this free to download hidden object game. June's journey is the ultimate escape with a wonderful mystery storyline. This game will take you all around the world to unravel mysteries and sort out clues in

[00:15:01] classic 1920s lookals.

[00:15:03] It will sharpen your observational skills to boot as you have to pick out hidden objects for destroying exculpatory evidence, as well as a adjacent memorandum of law in support of the dismissal. So those were the filings from the defense team today, and they go into claims about destroyed exculpatory evidence. Before we get started, what is exculpatory evidence? So exculp's definitely a serious serious motion What was some of the evidence that they said was destroyed? Well, what they're citing specifically is Of course the defense's theory centers around a odinist cult which they say that two men

[00:17:41] Brad holder and Patrick're giving a statement to

[00:19:04] authorities with a days of that crime, that's obviously a it's exculpatory because it's so close to the murders that if we had this, then we could compare his statements to later statements and see if maybe some things don't match up. And he's so important to our case. They're putting so much so many eggs in the Bradholder Patrick Westfield

[00:20:20] basket. The fact that we don't have this harms Richard Allen's case, harms his rights therefore.

[00:21:27] because we don't have the information. Was this interview deliberately taped over? Was it an accident? What's going on here? I really think it's crucial to have a hearing to get all the

[00:21:36] parties involved on the record offering sworn testimony are able to state their peace and then move on. So that's kind of where I am. I would think that if Judge Gull chose to deny this without a hearing, it would certainly

[00:23:02] have the appearance and perhaps air everything they have. And there's a record. And there's a record so that other courts in the future could look at it.

[00:24:20] And see why Judge Gold made the decision that she did and see all the arguments.

[00:24:25] Yeah, I think in, ever going to happen.

[00:25:40] It would be a waste of my time to hold such a hearing.

[00:25:44] And then I would-

[00:25:45] No hearing.

[00:25:46] No hearing. him and maybe the defense can remove some and that's good for him. Maybe the prosecution can put some more on and that's bad for him. To me, this ongoing Cold War or what appears to be a Cold War between the judge and the defense, it's like each little thing that happens is almost like a pebble stacking up. And if enough stack up, then I think there's just basically a much

[00:27:04] higher chance of a very successful appeal. And you can argueide over a trial without there being an appearance of bias. Yeah, I have concerns, I have similar concerns. It's not about saying defense or right, judge is wrong, judge is wrong, defense or right. It's more of what is the best thing for the integrity of this case?

[00:28:21] I think that's where we tend to be most interested.

[00:28:23] What is a good path forward for the case?

[00:28:27] So that Richard Allen's rights are protected. And I handled it in the way I thought right. But after the Supreme Court said they have to come back on, to me, that was like a blank slate and let's move forward and figure it out. And look, I granted these hearings. I heard them out. Maybe I ruled in their favor a few times because I thought these arguments were reasonable.

[00:29:42] I think if you can point to that, you have an tend to also just question. So Brad Holder had an analibi for that day and I guess I'm, I would love to know what the explanation is around that. They alluded to some accomplice running off to the gym with his gym card at the time.

[00:31:03] I don't know. I would love to me, elevate it a lot. And again, the focus on holdar always brings me back to like, okay, but so this had to be a wide, like this had to be such a wide range in conspiracy that he went in there knowing that he was going to do crimes

[00:32:22] to the extent that he sent around some lackey

[00:32:24] to go to the gym for him.

[00:32:26] That's a prison gang seemingly. So Westfall is this warrant was prepared and never served. And the warrant at the very least supports the idea that these men were being investigated seriously for possible involvement in the crime.

[00:35:01] I'd be curious about why it was never served.

[00:35:03] Was it a situation that it was too weak and didn't get to probable cause?

[00:35:06] Were other angles taking more, for that matter?

[00:36:22] In his story, he indicated that he was looking at his phone. involved. So again, these are very serious charges. Was the state really trying to conceal things? Was it communication errors? Was it just innocent errors? These are reasons why we should have a hearing. Whether you think the defense has a history perhaps of exaggerating or so maybe that's not true or maybe the

[00:37:44] prosecution really is doing all of these shady things and trying to cook up a a bit of money for records requests, you can do so at www.buymeacoffee.com slash murder sheet. We very much appreciate any support. Special thanks to Kevin Tyler Greenley, who composed the music for the murder sheet, and who you can find on the web at kevinkg.com.

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