Part 4: Richard Allen's Appeal 130-Year Sentence on Trial – Involuntary Confessions, Unconstitutional Solitary, & Suppressed Odinism Theory

WEBVTT

00:00.993 --> 00:10.745
[SPEAKER_01]: Welcome everyone to podcast 69 South, where we kiss and discuss true crime, code cases, current events, and hot topics along with our state of society today.

00:11.847 --> 00:12.948
[SPEAKER_01]: This is your trigger warning.

00:13.188 --> 00:18.675
[SPEAKER_01]: Our podcast content is produced for adult listeners, 18 years of age and older.

00:18.695 --> 00:25.043
[SPEAKER_01]: We discuss situations that may be offensive and triggering to some listeners sit back, relax, and enjoy it.

00:29.647 --> 00:39.640
[SPEAKER_01]: Welcome back everybody to podcast 69 South glad to be back here with you I'm chop your host and always at my side kick and boss Julie

00:40.987 --> 00:47.636
[SPEAKER_01]: Welcome back everybody like I said this is part four of the Richard Allen appeal and we're going to get right into it as we told you at the end of part three.

00:48.637 --> 00:57.650
[SPEAKER_01]: We were curious to see what it was like if anybody had any information that was actually there through this stuff that we were in mates and stuff.

00:57.810 --> 01:01.074
[SPEAKER_01]: Yes, well Julie found an unsealed document.

01:01.114 --> 01:09.846
[SPEAKER_01]: We're going to read it verbatim to you and this is a letter sent from Robert Baston to the state of Indiana and Carol County.

01:11.378 --> 01:25.399
[SPEAKER_01]: I Robert P. Baston, in May 29, 210 at Westfield Restrictive Housing Unit, was subpoena to appear in the above cause number on Thursday, June 15, 2023, in the Carroll Circuit Court.

01:26.320 --> 01:39.259
[SPEAKER_01]: Due to corruption and retaliation by Westfield Restrictive Housing Unit staff and officers, I had to refuse to appear in the above mentioned court hearing due to my safety and fear for my life.

01:39.239 --> 02:00.032
[SPEAKER_01]: I was housed in a cell, A2-206, just above Richard Allen's cell, duty being a voice on how Richard Allen was being abused and mistreated by corrupt sergeants and officers and administrative staff and mental health professionals in Westfield's restrictive housing unit.

02:00.012 --> 02:11.488
[SPEAKER_01]: I was retaliated against and moved by orders of Warden John Gallipo, Captain Gary Lewis, and Restrictive Unit Manager, Mrs. Tracy Cornette.

02:12.629 --> 02:25.547
[SPEAKER_01]: I was moved to Restrictive Housing Unit B pod after reporting sergeant Brandon Williams and his officer's trafficking contraband to inmates in A pod to the Indiana Department of Correction Office.

02:25.848 --> 02:32.543
[SPEAKER_01]: In investigation and intelligence, internal affairs in a recorded interview on April 28, 2023.

02:32.563 --> 02:41.764
[SPEAKER_01]: 5 days after the interview on Wednesday, May 3, 2023 at approximately 7 am, Sergeant Brandon Williams

02:42.031 --> 02:57.863
[SPEAKER_01]: and his officers while I was in full restraints and leg shackles in Westfield's restrictive housing unit receiving area on security cameras will show Sergeant Brandon Williams ordering an officer to put my mattress.

02:57.843 --> 03:05.156
[SPEAKER_01]: in urine in a cell that I was placed in the night before without a toilet and running water in the cell.

03:06.158 --> 03:20.745
[SPEAKER_01]: Security cameras will show Sergeant Brandon Williams slamming to the floor and violently breaking my foot and ankle and then intimidating the nurse not to treat my injuries when Sergeant Brandon Williams had an ink pin in the

03:23.020 --> 03:28.389
[SPEAKER_01]: staff of vest that he was wearing stabbed me in the elbow all the way to the bone.

03:29.190 --> 03:44.134
[SPEAKER_01]: I was then placed in a cell to a one in B pod, then at 10.45 a.m. on the same date, Sergeant Brandon Williams gave no verbal command to cuff up at my cell to a one B pod.

03:44.705 --> 03:49.421
[SPEAKER_01]: and dropped the handcuff port in the cell door and sprayed O.C.

03:49.441 --> 03:55.862
[SPEAKER_01]: pepper spray in the cell and then left me in the cell for 10 minutes of fixiating for air.

03:57.732 --> 04:26.473
[SPEAKER_00]: I was then handcuffed and removed from the cell out of view of security cameras and taken out in the hallway where an officer, Quentin Davis, was waiting until Sergeant Brandon Williams and officers to hold me up while Officer Quentin Davis violently punched me in the ribs.

04:27.871 --> 04:35.549
[SPEAKER_00]: and mental health director Monica Wallen and Miss Bourne were watching the beat down from outside.

04:36.170 --> 04:45.812
[SPEAKER_00]: Captain Gary Lewis's office, the nurse again was intimidated not to treat my injuries and I was placed back in two cell 201 B-Pod.

04:46.282 --> 04:49.987
[SPEAKER_00]: I was placed on strip cell and my personal property was taken.

04:50.548 --> 05:13.200
[SPEAKER_00]: When I received my property back, my legal documents were either destroyed or lost or taken due to incriminating recorded dates and times, some of those recorded dates and times concerned how Richard M. Allen was being abused and mistreated by staff and officers.

05:13.400 --> 05:19.329
[SPEAKER_00]: My personal property was left out in the hallway, unsecured, and Westville restrictive housing unit.

05:19.349 --> 05:23.856
[SPEAKER_00]: General population workers and suicide companions were stealing my property.

05:24.537 --> 05:40.200
[SPEAKER_00]: I recently received from the United States Department of Justice investigative report numbers, two, three, seven, three, two, one, F, W, B, two, four, seven, zero, two, five,

05:40.737 --> 05:51.308
[SPEAKER_00]: and 264-819-L-H-H, but recently the U.S. Department of Justice has been in the news for mishandling complaints.

05:51.328 --> 06:04.162
[SPEAKER_00]: The Indiana Governor's Office of Armsbud Bureau has also mishandled complaints on the Indiana Department of Correction and the Corruption going on in the Indiana Department of Correction Facilities.

06:05.083 --> 06:08.787
[SPEAKER_00]: The Indiana DOC Office of Investigated

06:09.205 --> 06:22.641
[SPEAKER_00]: and intelligence internal affairs is allowed to police itself and covers up excessive use of force assaults on inmates by department of corrections staff and officers.

06:23.282 --> 06:32.192
[SPEAKER_00]: I also been corresponding with the New York Times investigative reporter and her team at the Yale Law School that I have been sending documentation.

06:32.459 --> 06:38.866
[SPEAKER_00]: and evidence to but due to the corruption, my legal mail has not made it to its destination.

06:39.446 --> 06:58.787
[SPEAKER_00]: So until this court can protect me and other inmates at Westville restrictive housing unit and report the excessive use of force assaults abuse, mistreatment, torture, and retaliation from corrupt Indiana Department of Correction, staff, and officers.

06:59.915 --> 07:04.160
[SPEAKER_01]: Then I do not feel safe to testify in the Richard Allen trial.

07:04.561 --> 07:28.470
[SPEAKER_01]: When a pattern can be shown of the above mentioned issues by researching the named individuals mentioned in this court letter in the United States District Court Northern District of Indiana 7 circuit that clearly shows a pattern of excessive use of force, assaults, torture, abuse, mistreatment, and very poor mental health treatment.

07:29.159 --> 07:38.591
[SPEAKER_01]: Again, I have witnessed Richard Allen being abused and mistreated by Westfield Correctional Facility, Westfield Restrictive Housing Unit staff and officers.

07:39.172 --> 07:41.455
[SPEAKER_01]: That has affected his health and mental health.

07:42.256 --> 07:51.428
[SPEAKER_01]: I Robert Bastin, number 20, 9210, ask this court to report this corruption to the proper authorities to investigate.

07:52.310 --> 07:54.913
[SPEAKER_01]: Respectfully submitted and sincerely.

07:56.615 --> 07:58.978
[SPEAKER_01]: Robert Baston, June 25th, 2023.

07:59.038 --> 07:59.259
[SPEAKER_01]: Wow.

07:59.339 --> 08:02.663
[SPEAKER_01]: That's some crazy shit.

08:03.044 --> 08:05.987
[SPEAKER_01]: And we're not saying any of this is true.

08:06.328 --> 08:07.249
[SPEAKER_01]: We're just littered.

08:07.269 --> 08:07.890
[SPEAKER_00]: Yeah, I'm legit.

08:08.351 --> 08:09.232
[SPEAKER_01]: It's all legit.

08:09.392 --> 08:13.938
[SPEAKER_01]: And this is a letter straight from one of the inmates that was right there saying what was going on.

08:14.879 --> 08:16.081
[SPEAKER_00]: So with that in mind?

08:16.602 --> 08:22.329
[SPEAKER_01]: I mean, it kind of all falls into what we were thinking and what the appeal letters are saying.

08:22.770 --> 08:25.153
[SPEAKER_01]: It's kind of right on track, don't you think?

08:26.534 --> 08:27.796
[SPEAKER_00]: I'm getting there.

08:27.916 --> 08:32.164
[SPEAKER_00]: I mean, it's alleged, but I mean, but I can see it happening.

08:32.705 --> 08:37.313
[SPEAKER_01]: I can see this dude, I mean, I wonder how he got this letter out.

08:37.373 --> 08:40.779
[SPEAKER_01]: He was saying that a lot of his shit wasn't getting out like the garbage.

08:40.799 --> 08:44.065
[SPEAKER_00]: Like they were reading his, are they allowed to read outgoing mail?

08:44.806 --> 08:45.107
[SPEAKER_00]: Oh, yeah.

08:45.127 --> 08:46.990
[SPEAKER_00]: Because I know they read the incoming mail.

08:47.797 --> 08:58.773
[SPEAKER_01]: You know, there is a thing about that, and I'm not sure, but I guess the guards can do whatever the hell they want to do if they're in there and they see it later going to the New York Times, who's to say they don't just toss it in the trash.

08:59.014 --> 08:59.394
[SPEAKER_00]: Right.

09:00.035 --> 09:09.108
[SPEAKER_00]: So, the state failed to prove Alan's statement or a product of rational intellect rather than the state's misconduct.

09:11.172 --> 09:17.601
[SPEAKER_00]: The Indiana Constitution also protects against the admission of involuntary statements.

09:18.458 --> 09:28.928
[SPEAKER_00]: Test is like the due process standard requiring a confession be freely self-determined by it rational intellect and free will.

09:29.529 --> 09:37.056
[SPEAKER_00]: However, it is more robust because it requires the state to prove volenteringness beyond every reasonable doubt.

09:37.736 --> 09:44.803
[SPEAKER_00]: Also, it does not require state action be coercive to overcome a mentally ill person's will.

09:45.273 --> 10:06.574
[SPEAKER_00]: State versus banks in 2013 stated mentally ill defendants statements in voluntary due to his altered state and confusion although officers neither caused him nor knew of his illness, but mental illness alone will not render a statement in voluntary.

10:07.115 --> 10:08.057
[SPEAKER_00]: There must be

10:08.746 --> 10:20.423
[SPEAKER_00]: some state negligence that contributed to overcoming the defendant's rational intellect, like police giving, confusing, or inadequate warnings.

10:21.124 --> 10:38.449
[SPEAKER_00]: Here, DOC's refusal to apply their 30-day policy to Allen and to transfer him after he deteriorated is at minimum negligent.

10:38.800 --> 10:46.993
[SPEAKER_00]: and the prosecutors delay in the court's refusal to set a timely hearing made the deterioration worse.

10:47.554 --> 10:55.967
[SPEAKER_00]: This is conducted our constitution cannot tolerate regardless of whether it constitutes coercion under federal due process.

10:56.929 --> 11:03.880
[SPEAKER_00]: Also, the evidence does not show the statements where a product of rational intellect beyond a reasonable doubt.

11:04.552 --> 11:14.501
[SPEAKER_00]: Allen was considered gravely disabled through June 16th when he received his last emergency injection due to self harm.

11:15.562 --> 11:25.392
[SPEAKER_00]: Though Wala sometimes described Allen as more coherent or his symptoms not significant, the state cannot have it both ways.

11:26.773 --> 11:34.120
[SPEAKER_00]: Allen decompensated to the point of forced

11:34.538 --> 11:41.443
[SPEAKER_00]: Even if Allen could occasionally hold a conversation, it does not render his confession voluntary.

11:42.672 --> 11:50.183
[SPEAKER_01]: They're also saying that even if the court finds Allen's statements voluntary, they are a product of unconstitutional detention.

11:50.904 --> 11:56.812
[SPEAKER_01]: Allen's prolonged solitary confinement violated Article 1, Section 12 and 15.

11:56.832 --> 12:08.308
[SPEAKER_01]: Indiana courts are constitutionally bound by the basic concept of fairness that are frequently identified with due process in the federal constitution.

12:08.288 --> 12:18.366
[SPEAKER_01]: Article 1, Section 12, guarantees quote for every person for every injury done to him in his person, remedy due course of law.

12:19.308 --> 12:25.960
[SPEAKER_01]: Here Alan was sent to solitary for quote safe keeping without even hearing or notice.

12:26.058 --> 12:32.830
[SPEAKER_01]: Even when his attorneys informed the court of his dire condition, the court refused to set a hearing in violation.

12:33.671 --> 12:39.541
[SPEAKER_01]: Although the court eventually held a hearing on June 15, 2023, by that time the damage was done.

12:40.623 --> 12:46.092
[SPEAKER_01]: Fairness protections and criminal cases are found in different Indiana constitutional provisions.

12:46.358 --> 12:53.075
[SPEAKER_01]: just as pre-trial punishment violates federal due process, it violates the Indiana Constitution.

12:54.118 --> 12:59.612
[SPEAKER_01]: Indiana is one of just six states protecting citizens from a necessary rigor.

13:00.875 --> 13:02.359
[SPEAKER_01]: The framers wrote,

13:03.132 --> 13:09.022
[SPEAKER_01]: No person arrested or can find in jail shall be treated with unnecessary rigor.

13:09.683 --> 13:23.385
[SPEAKER_01]: Typically, this provision requires a prisoner suffer severe mistreatment, recognizing this provision applies to solitary confinement and the Indiana Supreme Court stated

13:23.365 --> 13:30.895
[SPEAKER_01]: The very essence of punishment and the soul use of the prison walls is the confinement of the convict within them.

13:31.476 --> 13:52.866
[SPEAKER_01]: Humanity indeed forbids as a necessary rigor that his confinement should be absolutely solitary or that all his natural and civil rights should be temporary annihilated.

13:54.770 --> 13:59.557
[SPEAKER_01]: I mean, it's he's being severely treated first and that talked about like pre trial.

14:01.580 --> 14:03.983
[SPEAKER_00]: Release and stuff like that.

14:04.044 --> 14:06.707
[SPEAKER_00]: I know that Indiana does pre trial release.

14:07.228 --> 14:07.989
[SPEAKER_00]: I wonder like that.

14:08.069 --> 14:10.012
[SPEAKER_00]: Confident before it kind of is.

14:10.052 --> 14:15.480
[SPEAKER_01]: I wonder if that constitutes like the violation of the due process like the federal due process.

14:15.500 --> 14:16.922
[SPEAKER_00]: Maybe not this.

14:16.942 --> 14:22.110
[SPEAKER_01]: What says Indiana is one of six states that has that in their in their state constitution.

14:22.158 --> 14:23.339
[SPEAKER_00]: the pretrial.

14:23.580 --> 14:24.581
[SPEAKER_01]: Right.

14:24.601 --> 14:25.442
[SPEAKER_01]: Wow.

14:25.462 --> 14:29.226
[SPEAKER_00]: Here, Alan's treatment rose to the level of a necessary rigor.

14:29.666 --> 14:34.191
[SPEAKER_00]: Rigger is the act or instance of strittness, severity or cruelty.

14:34.692 --> 14:51.490
[SPEAKER_00]: When Alan started suffering from confusion, memory lapses, paranoia, and bizarre behaviors, there was no longer a risk he could not handle the harsh conditions of maximum security, solitary confinement.

14:51.959 --> 15:06.479
[SPEAKER_00]: The strittness, severity, and cruelty of his confinement is evident on video where he is screaming in fear, confused about where he is, and then able to respond and drooling in self-harming.

15:07.240 --> 15:09.543
[SPEAKER_00]: The rigor was physical too.

15:11.245 --> 15:19.857
[SPEAKER_00]: Solid Terry Kim Result and physical harm, including self-mutilation as a mal-daptive coping behavior.

15:20.478 --> 15:24.445
[SPEAKER_00]: Allen lost 40 pounds was unable to care for himself.

15:24.726 --> 15:25.487
[SPEAKER_00]: Was tased.

15:25.948 --> 15:28.753
[SPEAKER_00]: His face was black and blue and at times bleeding.

15:28.914 --> 15:31.859
[SPEAKER_00]: And he was poisoned by fecal matter and toilet water.

15:32.680 --> 15:42.739
[SPEAKER_00]: In difference to his catatonia is shown where medical staff discussed blood pressure and cholesterol with a vacant Allen.

15:43.225 --> 15:47.010
[SPEAKER_00]: This psychological and physical pain was unnecessary.

15:47.911 --> 16:01.207
[SPEAKER_00]: Indiana DOC could have transferred him upon deterioration as policy requires, even in isolated and firmery so would have been better than the whole design for punishment.

16:01.227 --> 16:07.275
[SPEAKER_00]: Likewise, the court could have moved him when the court learned of his dire condition.

16:07.795 --> 16:12.887
[SPEAKER_01]: They're also saying that the constitutional violations require suppression.

16:13.669 --> 16:22.952
[SPEAKER_01]: Over 150 years ago, the Stoyoski wrote, The Degree of Civilization in a Society can be judged by entering its prisons.

16:23.337 --> 16:32.967
[SPEAKER_01]: writing about the effects of solitary justice Kennedy harkened to this quote noting there is truth to this in our own time.

16:34.228 --> 16:53.108
[SPEAKER_01]: Applying the exclusionary rule to these constitution of violations would deter abuses within our prison system and law enforcement protect judicial system integrity by showing it condemns such conduct and protect the human dignity of those unable to make bond

16:54.961 --> 17:02.071
[SPEAKER_01]: Excluding confessions that was a result of physical abuse and solitary in part article one section 15.

17:02.232 --> 17:10.463
[SPEAKER_00]: Indiana has a robust exclusionary rule relying on article one section 11 and 14.

17:11.064 --> 17:24.664
[SPEAKER_00]: Indiana adopted the exclusionary rule long before the fourth amendment exclusionary rule applied to the state.

17:25.083 --> 17:54.448
[SPEAKER_00]: sites that under the exclusionary rule to determine whether a statement is a product of an illegal detention, the court must ask if the statement has been come at by exploitation of that legality, or instead by means of sufficiency, distinguishable to be purged of the primary

17:54.766 --> 18:05.402
[SPEAKER_00]: and the acquisition of the evidence, the presence of intervening circumstances and the purpose and flagrency of the official misconduct.

18:06.283 --> 18:07.124
[SPEAKER_00]: That was a mouthful.

18:07.405 --> 18:12.312
[SPEAKER_01]: That was, it's some serious quote and shit of the Supreme Court stuff here.

18:12.392 --> 18:13.514
[SPEAKER_01]: And I mean, it looks to me.

18:13.534 --> 18:16.799
[SPEAKER_00]: The State Supreme Court, United States Supreme Court.

18:17.420 --> 18:18.722
[SPEAKER_00]: This is laid out really good.

18:18.942 --> 18:19.523
[SPEAKER_01]: It really is.

18:19.623 --> 18:24.250
[SPEAKER_01]: I just, I'd like to see the dude get a fair trial.

18:25.158 --> 18:39.634
[SPEAKER_00]: Yeah, I mean, absolutely, every defendant should get a fair trial and get due process because I know that on the child predators and things like that, we just want to lock them up and throw away the key.

18:40.334 --> 18:50.305
[SPEAKER_00]: But in order to do that properly for people who have harm children and other people and other victims, you

18:50.774 --> 19:10.534
[SPEAKER_00]: have to go through this due process so that you don't get a case turned over or anything like that, because just one mistake can have it all turned around, let's say a person's guilty and they get off on a technical error because things weren't done right.

19:11.254 --> 19:15.318
[SPEAKER_00]: That would put the community at more risks than anything.

19:16.400 --> 19:19.903
[SPEAKER_01]: There's a lot of people, I mean, that's been innocent and convicted,

19:20.457 --> 19:24.142
[SPEAKER_01]: and then proven innocent by DNA and stuff like that.

19:24.583 --> 19:39.322
[SPEAKER_01]: I just feel like at the very least the jury should have been able to see every aspect of everything and I don't think that they should have kept the dude and saw their confinement for 13 months and dope any up and it did drop him crazy.

19:39.382 --> 19:41.385
[SPEAKER_00]: I have to say it sure did.

19:42.057 --> 19:48.328
[SPEAKER_01]: First, Allen statements occurred during the illegality of his detention at Westfield Correctional Unit.

19:48.829 --> 19:52.075
[SPEAKER_01]: Second, there were no intervening circumstances.

19:52.535 --> 19:58.486
[SPEAKER_01]: Again, there is a well-known connection between solitary confinement and psychosis slash delirium.

19:59.508 --> 20:06.580
[SPEAKER_01]: Third, the constitutional violation was a flagrant because IDOC violated its own policies

20:06.560 --> 20:14.111
[SPEAKER_01]: for keeping Allen safe and the court and prosecutor refused to help when Allen's attorneys warned of his deterioration.

20:15.052 --> 20:25.227
[SPEAKER_01]: Even if this court finds Allen's statements were voluntary because he was not interrogated by law enforcement, he was still gravely disabled when he confessed.

20:25.828 --> 20:31.556
[SPEAKER_01]: As such, his free will did not purge the tank of his illegal detention.

20:32.457 --> 20:35.942
[SPEAKER_01]: The trial court aired by denying

20:36.125 --> 20:38.748
[SPEAKER_00]: and that air was not harmless.

20:39.289 --> 20:49.000
[SPEAKER_00]: Before a federal or state constitutional air can be held harmless, the court must find it was harmless beyond a reasonable doubt.

20:49.881 --> 20:55.308
[SPEAKER_00]: No piece of evidence may have greater sway over a jury than a defendant's confession.

20:56.128 --> 21:05.119
[SPEAKER_00]: The erroneous admission of statements to Dr. Wala alone was prejudicial because they were a large part of the state's case.

21:05.622 --> 21:15.253
[SPEAKER_00]: The prosecutor, particularly concentrated on Allen's May 3rd statement, arguing that Allen knew a fact only the killer would know.

21:15.273 --> 21:24.223
[SPEAKER_00]: The confession also countered Allen's confident and unwavering pre-solitary protest of innocence.

21:24.684 --> 21:32.473
[SPEAKER_01]: The court denied Allen his right to present a complete defense to explain the scene and

21:32.993 --> 21:37.148
[SPEAKER_01]: The 14th Amendment guarantees a defendant the right to a fair trial.

21:37.516 --> 21:53.391
[SPEAKER_01]: The amendments do process clause places significant substantial limits on state power, prohibiting its arbitrary excursion and guaranteeing criminal defendants a fair opportunity to defend against state accusations.

21:54.312 --> 22:05.042
[SPEAKER_01]: For an opportunity to be fair, a defendant must be permitted to confront and cross-examine witnesses and to call witnesses in his or her own behalf.

22:05.360 --> 22:18.277
[SPEAKER_01]: These overarching principles operate in tandem with the Sixth Amendment, which similarly, guarantees criminal defendants a meaningful opportunity to present a complete defense.

22:19.058 --> 22:25.327
[SPEAKER_01]: Although trial courts have broad discretion in conducting trials, this discretion has constitutional limits.

22:25.908 --> 22:27.790
[SPEAKER_01]: That is, courts may not

22:27.770 --> 22:31.614
[SPEAKER_01]: quote in fringe upon a weighty interest of the accused.

22:32.655 --> 22:39.761
[SPEAKER_01]: Through these decisions that are arbitrary or disproportionate to the purpose that they are designed to serve.

22:40.582 --> 22:49.210
[SPEAKER_01]: As explained, more fully below the trial court made several reversible errors under the rules of evidence and Indiana trial rules.

22:49.871 --> 22:54.435
[SPEAKER_01]: In many instances, these decisions violated the Constitution as well.

22:54.415 --> 23:12.995
[SPEAKER_00]: Now the standard every view is, while this court assesses claims relating to admitting or executing evidence for abuse of discretion, to the extent those claims implicate constitutional issues, this court reviews them Denavo.

23:13.756 --> 23:20.203
[SPEAKER_00]: Errors in the admission of evidence will be disregarded as harmless if it's probable

23:20.723 --> 23:31.840
[SPEAKER_00]: impact on the jury in light of all of the evidence in the case is sufficiently minor, so as not to affect the substantial rights of the parties.

23:32.641 --> 23:36.868
[SPEAKER_00]: But when the air is constitutional, the standard is higher.

23:37.529 --> 23:49.347
[SPEAKER_00]: Generally, before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.

23:49.748 --> 23:55.095
[SPEAKER_01]: and the court committed reversible air by excluding Blair's sketch of the bridge guy.

23:55.616 --> 24:00.162
[SPEAKER_01]: That trial, the court prohibited Allen from using Blair's sketch of Bridge Guy.

24:00.683 --> 24:08.634
[SPEAKER_01]: This decision violated our rules of evidence and denied Allen his constitutional right to present a defense of mistaken identity.

24:09.635 --> 24:14.862
[SPEAKER_01]: Evidence is relevant when it has any tendency to make the existence of any fact,

24:15.297 --> 24:24.649
[SPEAKER_01]: that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

24:25.355 --> 24:42.416
[SPEAKER_01]: A court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence.

24:43.557 --> 24:47.262
[SPEAKER_01]: Blair's sketch proves she did not see out on the bridge.

24:47.512 --> 24:50.541
[SPEAKER_01]: Blair did not identify Alan McCourt as Bridge Guy.

24:50.882 --> 24:59.226
[SPEAKER_01]: But according to the prosecutor, Blair must have seen Alan on the bridge because Alan told us he went on to the moon on high bridge.

24:59.611 --> 25:05.380
[SPEAKER_01]: out to the first platform, which is, quote, exactly where Blair saw Bridge Guy.

25:06.362 --> 25:10.509
[SPEAKER_01]: Blair's sketch shows Alan, looked nothing like the person Blair saw.

25:10.529 --> 25:24.572
[SPEAKER_01]: Just three days after the murders, Blair met with a sketch artist and described the man she saw on the bridge as white, 20 medium-build, having brown curly hair, and an artist created a sketch based on Blair's description.

25:25.615 --> 25:35.390
[SPEAKER_01]: Keep in mind, folks, that the sketch that she provided to the artist looks like a young man, Allen was short 44 years old with a closely cropped hair.

25:36.251 --> 25:39.516
[SPEAKER_01]: Blair's sketch also shows that she and Carball saw different people.

25:40.057 --> 25:45.225
[SPEAKER_01]: The state's timeline for the murders is dependent upon Carball and Blair's seeing the same person.

25:46.186 --> 25:49.311
[SPEAKER_01]: And the prosecutor told the jury that every eyewitness

25:49.696 --> 25:52.660
[SPEAKER_01]: is adamant the person they saw is bridge guy.

25:53.160 --> 25:57.345
[SPEAKER_01]: There's no doubt in their minds, but Blair sketch disproves this claim.

25:58.046 --> 26:00.128
[SPEAKER_01]: Carball, like Blair, made a sketch.

26:00.689 --> 26:05.735
[SPEAKER_01]: When Blair saw it, she described it as, quote, unquote, wrong and not who she saw.

26:06.836 --> 26:11.923
[SPEAKER_01]: Blair sketch impaches the investigation and shows law enforcement's biased against Allen.

26:12.884 --> 26:18.150
[SPEAKER_01]: For two years, law enforcement circulated

26:18.772 --> 26:31.529
[SPEAKER_01]: So in April 2019, Indiana State Police released Blair Schatz declared it represented the face of Bridge Guy and announced that Blair and Carball did not see the same person.

26:32.791 --> 26:38.879
[SPEAKER_01]: After Allen's arrest, the story changed and the jury was told Carball and Blair saw the same person.

26:40.020 --> 26:44.166
[SPEAKER_01]: Blair Schatz was reliable and prohibitive of Bridge Guy's identity.

26:44.566 --> 26:47.530
[SPEAKER_01]: Blair contacted law enforcement

26:47.898 --> 26:51.341
[SPEAKER_01]: And it was, quote, very clear to her, she saw a bridge guy.

26:52.042 --> 26:57.387
[SPEAKER_01]: Two days later, she developed her sketch with an artist and a book of facial features.

26:58.108 --> 27:01.651
[SPEAKER_01]: She rated her sketch a 10 out of 10 for accuracy.

27:01.871 --> 27:02.572
[SPEAKER_01]: That's important.

27:03.232 --> 27:09.378
[SPEAKER_01]: In 2019, she met with law enforcement repeatedly and she reaffirmed her confidence in her sketch.

27:10.119 --> 27:16.825
[SPEAKER_01]: She insisted that she could identify bridge guy if she saw him.

27:16.805 --> 27:21.892
[SPEAKER_01]: You know, you rate anything a 10 out of 10, that's like on point, that's perfect.

27:22.353 --> 27:26.398
[SPEAKER_01]: And that was the sketch of the young dude that looked nothing like Richard Allen.

27:27.059 --> 27:34.430
[SPEAKER_01]: And she was with this sketch artist within days of seeing who she saw in the monologue bridge.

27:34.450 --> 27:34.650
[SPEAKER_00]: Yeah.

27:35.071 --> 27:39.657
[SPEAKER_00]: It makes you wonder who it is because we've never seen anybody that looks like that.

27:39.717 --> 27:43.302
[SPEAKER_00]: And I think a lot of the things is they've seen that

27:43.754 --> 28:05.543
[SPEAKER_00]: bridge guy on Libby's video and they're just certain it has to be that person well he's saying go down the hill go down the hill I mean what if I don't know I think the person she saw is bridge guy and is the dude that you know I think the pressure was on

28:07.075 --> 28:12.160
[SPEAKER_01]: You know, there, I know there was some election years going on and the pressure was on everybody to solve this case.

28:12.220 --> 28:15.184
[SPEAKER_01]: It was a national case, I don't know.

28:15.384 --> 28:17.927
[SPEAKER_01]: I just, in my mind, I think that...

28:17.947 --> 28:23.392
[SPEAKER_00]: I don't think the evidence gets you all the way to murder with Richard Allen.

28:24.413 --> 28:33.403
[SPEAKER_01]: I think it's the evidence gets you with Allen that he was on the high bridge, nobody saw his car,

28:34.345 --> 28:36.048
[SPEAKER_01]: it wasn't his ejected shell.

28:36.529 --> 28:38.633
[SPEAKER_01]: I just, I don't, I don't see that in my eyes.

28:39.054 --> 28:41.559
[SPEAKER_00]: And I surely wouldn't see if he was the one that did it.

28:41.599 --> 28:42.882
[SPEAKER_00]: He wouldn't, would have wouldn't.

28:42.902 --> 28:44.224
[SPEAKER_00]: To a police he was there.

28:44.265 --> 28:46.048
[SPEAKER_01]: That'd be the last thing you do.

28:46.349 --> 28:47.431
[SPEAKER_01]: Nobody knew he was there.

28:47.651 --> 28:50.076
[SPEAKER_01]: I mean, why would you go say, hey, I can, I'm,

28:50.444 --> 28:53.188
[SPEAKER_01]: if you need me to tell you anything I saw, you know what I mean?

28:53.829 --> 28:59.536
[SPEAKER_01]: Literally, listeners, I know we go through Facebook and you know everybody's split.

28:59.917 --> 29:04.103
[SPEAKER_01]: He can fast, he's guilty, but please dig into this case and look at it, like we're looking at it.

29:05.364 --> 29:13.215
[SPEAKER_01]: Because literally, if Richard Allen had not contacted law enforcement, they would have never even knew his name.

29:13.716 --> 29:14.156
[SPEAKER_01]: Literally.

29:14.857 --> 29:17.481
[SPEAKER_00]: So the sketch is not here today.

29:17.782 --> 29:31.816
[SPEAKER_00]: A statement is not here, say, if the Declaren testifies and is subject to cross-examination about a prior statement and the statement, is an identification of a person shortly after perceiving the person.

29:32.417 --> 29:39.324
[SPEAKER_00]: The rule applies regardless of whether the identifying witness makes a positive, incorrect identification or not.

29:40.405 --> 29:47.012
[SPEAKER_00]: Here, Blair identified Bridge Guy to law enforcement immediately and developed her sketch

29:47.836 --> 29:52.161
[SPEAKER_00]: Blair sketches also admissible as an adoptive admission.

29:52.361 --> 30:02.233
[SPEAKER_00]: A statement is not here, say, when it is offered against an opposing party and is one the party manifested that it adopted or believed it to be true.

30:02.273 --> 30:03.635
[SPEAKER_00]: That occurred here.

30:03.675 --> 30:13.306
[SPEAKER_00]: In April of 2019, the ISP released Blair sketch to the public and declared, this is the face of Birch guy.

30:13.367 --> 30:16.290
[SPEAKER_01]: And they was adamant as hell about it, I remember.

30:16.439 --> 30:20.807
[SPEAKER_00]: Blair Sketch is admissible under Indiana's Common Law 2.

30:21.508 --> 30:29.343
[SPEAKER_00]: Decades before Indiana adopted the rules of evidence, sketches were admissible if the eyewitness took the stand at trial.

30:30.145 --> 30:35.434
[SPEAKER_00]: Even if the sketch was in admissible hearsay, Allen was still entitled to use it.

30:35.975 --> 30:39.021
[SPEAKER_00]: State law does not have the last word on hearsay.

30:40.081 --> 30:44.768
[SPEAKER_00]: and the rule must yield to the constitutional right to present a defense.

30:45.449 --> 30:56.846
[SPEAKER_00]: Here say as a admissible when other law requires it, when identity is crucial to the case, a defendant is entitled to defend on a claim of mistaken identity.

30:57.667 --> 31:07.742
[SPEAKER_00]: And this right cannot be averaged through the application of arbitrary or disproportionate rules or mechanisms application of otherwise rational rules.

31:08.448 --> 31:34.354
[SPEAKER_00]: Excluding the sketch violated the Constitution here the state conceits that bridge guys identity was crucial to the case if we can determine who bridge guy is we can determine who killed Abby and Libby Blair sketch was crucial to Allen's defense of mistake and identity and the judges decision to exclude it was arbitrary and disproportionate to any legitimate government interest

31:34.823 --> 31:42.435
[SPEAKER_00]: The air was harmful under both the constitutional, harmless air standard, and Indiana's evidentiary standard.

31:42.856 --> 31:52.692
[SPEAKER_00]: There's no dispute this state's timeline depended upon one, Blair seeing Alan on the bridge, and two, Blair and Carball seeing the same person.

31:53.413 --> 32:00.865
[SPEAKER_00]: Blair's sketch disproved both points, excluding it affected Alan's substantial rights and the jury's verdict.

32:01.250 --> 32:06.259
[SPEAKER_01]: and the court committed reversible error in excluding Tobin's testimony.

32:06.299 --> 32:07.441
[SPEAKER_01]: This is important folks.

32:08.122 --> 32:16.917
[SPEAKER_01]: Alan Tenderd William Tobin to explain the scientific community's robust criticism of the AFTE's Toolmark Matching methodology.

32:17.719 --> 32:21.886
[SPEAKER_01]: The judge excluded him because he was not a firearms expert.

32:22.627 --> 32:25.232
[SPEAKER_01]: He was untrained in firearms identification.

32:25.820 --> 32:31.211
[SPEAKER_01]: He did not examine the evidence in this case, and he did not conduct a firearms examination.

32:32.113 --> 32:39.829
[SPEAKER_01]: According to the court, Tobin's quote testimony does not go to an issue before the jury and lacks relevance.

32:41.075 --> 32:47.784
[SPEAKER_01]: This decision violated our rules of evidence and violated Allen's constitutional right to present ed defense.

32:48.324 --> 32:57.096
[SPEAKER_01]: Expert testimony should be admitted if one the expert is qualified by knowledge, skill, experience, training or education.

32:57.776 --> 33:06.708
[SPEAKER_01]: And to the testimony will help the trial of fact to understand the evidence or to determine a fact in issue.

33:07.128 --> 33:10.693
[SPEAKER_01]: Indiana adopted this rule to quote,

33:10.960 --> 33:12.382
[SPEAKER_01]: of expert opinion.

33:13.062 --> 33:20.331
[SPEAKER_01]: Tobin was clearly qualified to explain the scientific community's robust criticism of the AFTE methodology.

33:20.992 --> 33:40.815
[SPEAKER_01]: Tobin is a nationally recognized expert in forensic, metal, and material science who has testified as an expert in many cases involving validity and reliability of firearms and two marks.

33:41.065 --> 33:45.031
[SPEAKER_01]: and to a mark principles, along with a background in statistics.

33:45.872 --> 33:55.786
[SPEAKER_01]: He understands the president's counsel of advisors on science and technology, which has issued a detailed report criticizing the AFTA methodology.

33:56.547 --> 34:01.995
[SPEAKER_01]: Tobin's testimony was essential for assessing Oberg's credibility and determining what to believe.

34:02.415 --> 34:07.022
[SPEAKER_01]: Once an expert takes to stand, their credibility is fair game for impeachment.

34:07.930 --> 34:15.740
[SPEAKER_01]: and a party is free to challenge the experts methodology with opposing testimony from another qualified expert.

34:16.561 --> 34:23.028
[SPEAKER_01]: The jury is ultimately responsible for assessing witnesses' credibility and determining what to believe.

34:23.709 --> 34:32.520
[SPEAKER_01]: Here, Oberk testified that she masked two marks on test

34:32.500 --> 34:34.022
[SPEAKER_01]: found at the murder scene.

34:35.184 --> 34:42.095
[SPEAKER_01]: Oberg told the jury she found a agreement between the two marks by using the AFTE method.

34:42.495 --> 34:49.246
[SPEAKER_01]: She gave an error rate of 2.2% for false positives and 2.87 for false negatives.

34:49.887 --> 34:55.335
[SPEAKER_01]: She discussed studies and articles that she reviewed to apply the methods.

34:55.315 --> 35:04.891
[SPEAKER_01]: and over relevancy objections, she describes studies relating to guns that were not even six-hour model P239.

35:06.313 --> 35:15.348
[SPEAKER_01]: A lay-jure might find this testimony impressive and coherent, but AFTE's method is anything but straightforward.

35:15.989 --> 35:21.238
[SPEAKER_01]: Tobin's experience would help a jury understand the scientific

35:21.218 --> 35:28.450
[SPEAKER_01]: of AFTE's subjective method and force over to engage with that critique.

35:28.470 --> 35:34.800
[SPEAKER_00]: Even if our rules tolerated Tobin's exclusion, the decision was patently unconstitutional.

35:35.281 --> 35:39.829
[SPEAKER_00]: A defendant is entitled to a meaningful opportunity to present a complete defense.

35:40.369 --> 35:48.002
[SPEAKER_00]: This entitled to him to impeach a witness who provides a crucial link in the proof of the defendant's guilt.

35:48.438 --> 36:06.186
[SPEAKER_00]: Although trial courts possess broad discretion to limit impeachment, the discretion cannot be used to arbitrarily exclude competent reliable evidence bearing on witness credibility when such evidence is central to the defendants claim of innocence.

36:07.969 --> 36:09.872
[SPEAKER_01]: Well, I would like to see.

36:11.303 --> 36:24.620
[SPEAKER_01]: Karen Reed's lawyers take this shit over because they would have had a freaking fit then not letting the experts in that would have refuted this bullshit about the science of the tool marks because I don't believe that either.

36:24.640 --> 36:39.640
[SPEAKER_00]: I mean this was a big national case, but Karen's doing case was like profound and the amount of support in.

36:40.092 --> 36:41.353
[SPEAKER_00]: Alex, Elessie.

36:41.493 --> 36:43.375
[SPEAKER_01]: The little smart dude with the curly hair.

36:43.395 --> 36:43.996
[SPEAKER_00]: He's not.

36:44.016 --> 36:45.657
[SPEAKER_00]: He's like six foot something.

36:45.898 --> 36:46.378
[SPEAKER_01]: He's the bad.

36:46.398 --> 36:47.900
[SPEAKER_01]: That's a little boxer dude from college.

36:47.920 --> 36:48.580
[SPEAKER_00]: Yeah.

36:48.600 --> 36:50.362
[SPEAKER_01]: They would not have put up with this bullshit.

36:50.542 --> 36:51.683
[SPEAKER_01]: They would have had a fit.

36:52.084 --> 36:52.865
[SPEAKER_01]: You know what I mean?

36:52.885 --> 36:53.445
[SPEAKER_00]: Oh, yeah.

36:53.465 --> 36:54.306
[SPEAKER_01]: They would have had a fit.

36:54.546 --> 36:56.288
[SPEAKER_01]: They excluded too much.

36:56.508 --> 36:58.230
[SPEAKER_01]: Excopatory evidence on this case.

36:58.250 --> 36:58.911
[SPEAKER_01]: I'm just saying.

36:59.912 --> 37:03.095
[SPEAKER_00]: So here, Oberg's credibility was central to the case.

37:03.235 --> 37:06.538
[SPEAKER_00]: And the judge arbitrarily excluded Tobin.

37:07.160 --> 37:12.370
[SPEAKER_00]: Tobin is an expert in the AFTE method, and it's shortcomings.

37:12.851 --> 37:18.382
[SPEAKER_00]: He is experienced with firearms identification, and he examined Oberg's materials.

37:18.963 --> 37:23.030
[SPEAKER_00]: There was no legitimate state interest in excluding Tobin.

37:23.792 --> 37:28.020
[SPEAKER_00]: Alan did not wave his right to appeal to Tobin issue by calling Warren.

37:28.760 --> 37:39.445
[SPEAKER_00]: A party agreed to buy an erroneous, evidentiary ruling is entitled to respond to the improper ruling without sacrificing the right to a pellet recourse.

37:40.252 --> 37:55.328
[SPEAKER_00]: Once the court excluded Tobin, Allen responded by calling Warren, who endorsed the use of AFTE methodology and engaged over in a battle of experts over how to properly apply the method to the evidence.

37:56.048 --> 38:01.234
[SPEAKER_00]: This decision did not wave Allen's right to appeal, Tobin's exclusion.

38:01.815 --> 38:04.217
[SPEAKER_00]: The air air was harmful under both the

38:04.484 --> 38:07.969
[SPEAKER_00]: constitutional standard and the evidentiary standard.

38:08.490 --> 38:23.433
[SPEAKER_00]: The state told the jury Oberg's never been wrong and that Allen has no explanation of how his bullet from his gun ended up between the bodies of Abby and Libby, six inches from Libby's foot.

38:24.335 --> 38:32.247
[SPEAKER_00]: Had the jury heard Tobin's robust impeachment of Oberg's methodology, the outcome of this case would probably be different.

38:32.851 --> 38:42.585
[SPEAKER_01]: The court committed reversible error in admitting hearsay to the rehabilitate, the timeline upon which the state built its entire case.

38:43.506 --> 38:46.830
[SPEAKER_01]: The state built its entire case upon the following timeline.

38:47.551 --> 38:49.734
[SPEAKER_01]: Allen encountered the girls at 2.13.

38:50.676 --> 39:02.352
[SPEAKER_01]: He completed the murders alone, left Libby's phone at the murder scene was spotted by

39:02.500 --> 39:10.452
[SPEAKER_01]: If Alan committed the murders, there should be no human initiated activity on Libby's phone after 356, but there was.

39:11.594 --> 39:29.841
[SPEAKER_01]: At trial, Alan called Eldridge, a former FBI forensic examiner, who examined the data from Libby's phone and testified that wired headphones or an ox cable were plugged into the phone at 545pm on February 13, and then removed at 1032pm.

39:30.698 --> 39:43.916
[SPEAKER_01]: This action would silence a phone call and she noted that the data showed an incoming call moments before the headphones were inserted suggesting someone was intentionally silencing Libby's phone.

39:44.998 --> 39:55.052
[SPEAKER_01]: Since the state claimed Allen left the murder scene at 356, Elger just evidence, eviscerated the state's timeline and showed someone else committing the murders.

39:55.555 --> 40:03.749
[SPEAKER_01]: The stay responded by asking Cecil, its phone expert, whether water damage, could simulate headphones being plugged into Libby's phone.

40:04.470 --> 40:11.522
[SPEAKER_01]: Over a hearsay objection, Cecil testified that he, quote, googled it and found some unspecified

40:11.502 --> 40:31.334
[SPEAKER_01]: non-per-reviewed troubleshooting forms reporting that it could you think he got on read it and was like could a piece of dirt or Yeah, that's kind of messed up, though Didn't he do that in the courtroom like googled it in the courthouse?

40:31.354 --> 40:33.477
[SPEAKER_01]: Yeah, how's that expert?

40:33.537 --> 40:34.298
[SPEAKER_01]: Does the money?

40:34.318 --> 40:37.223
[SPEAKER_00]: I could have googled that shit and said it was so

40:37.861 --> 40:42.585
[SPEAKER_01]: And you know if you look hard enough, you can find the internet to say what you need it to say.

40:42.625 --> 40:43.566
[SPEAKER_01]: I'm just saying.

40:44.487 --> 40:49.992
[SPEAKER_00]: So Cecil's testimony was an emissable totem pole here say.

40:50.353 --> 40:51.614
[SPEAKER_01]: Never heard that say before.

40:51.634 --> 40:58.600
[SPEAKER_00]: Unless our evidence rules provide otherwise, out of course statements are not admissible for their truth.

40:59.241 --> 41:07.108
[SPEAKER_00]: For totem pole here say to be a miscible, each part of the combined statement must conform

41:07.713 --> 41:12.398
[SPEAKER_00]: Here, the post on the troubleshooting form are at least double hearsay.

41:13.119 --> 41:16.783
[SPEAKER_00]: One, the internet form, and two, the statements posted there.

41:17.484 --> 41:21.789
[SPEAKER_00]: Cecil status as an expert does not affect the hearsay analysis.

41:22.309 --> 41:30.338
[SPEAKER_00]: Statements contained in a reliable authority can be admitted over a hearsay objection when used to contradict.

41:31.239 --> 41:37.146
[SPEAKER_00]: An expert who is testifying on the witness stand,

41:37.430 --> 41:40.554
[SPEAKER_00]: reliable, nor used to contradict Cecil.

41:41.135 --> 41:47.284
[SPEAKER_01]: I have to say I've never heard devil hearsay, totem pole hearsay.

41:47.885 --> 41:48.726
[SPEAKER_01]: I've never heard that.

41:49.006 --> 41:51.049
[SPEAKER_00]: That's why I have never heard of either.

41:51.069 --> 41:53.693
[SPEAKER_01]: Devil totem pole hearsay type stuff.

41:53.713 --> 41:57.158
[SPEAKER_00]: Rule 703 does not avail the state either.

41:57.398 --> 42:03.927
[SPEAKER_00]: Under 703 experts may testify to opinions based on

42:04.328 --> 42:15.985
[SPEAKER_00]: If the evidence is the type of reasonably relied upon by experts in the field, the rule, however, does not authorize expert to pair it facts that the expert adds nothing to.

42:17.808 --> 42:19.150
[SPEAKER_00]: Cecil added nothing here.

42:19.350 --> 42:31.348
[SPEAKER_00]: He was a mouthpiece for the total pull here say that he googled the air was constitutional a defendant is entitled to a fair opportunity to vent to defend against the state's accusations.

42:31.885 --> 42:39.981
[SPEAKER_00]: This includes the right to impeach a witness through cross examination when they provide a crucial link in the defendants guilt.

42:40.522 --> 42:53.488
[SPEAKER_00]: Here, the judge arbitrarily allowed the state to undermine eligible testimony with a person's internet post and it was impossible for Alan to impeach the person through cross examination.

42:53.992 --> 42:55.575
[SPEAKER_00]: This error was harmful.

42:56.136 --> 43:09.682
[SPEAKER_00]: Elger just testimony, undermined the timeline upon which the state built its entire case, allowing the state to rehabilitate the timeline affected Allen's substantial rights in the jury's decision.

43:10.664 --> 43:15.072
[SPEAKER_01]: How was Richard Allen's defense supposed to fight?

43:15.558 --> 43:18.464
[SPEAKER_01]: A Google search on Reddit.

43:18.584 --> 43:22.452
[SPEAKER_01]: It could have been some meth head that said, Oh, yeah, this is what this is.

43:22.632 --> 43:23.073
[SPEAKER_00]: I know.

43:23.374 --> 43:24.456
[SPEAKER_01]: That's crazy.

43:24.576 --> 43:26.600
[SPEAKER_00]: Just think if they would look that in any trial.

43:27.522 --> 43:32.773
[SPEAKER_01]: See, that's what I was talking about about Alan, the lawyer.

43:33.698 --> 43:34.739
[SPEAKER_00]: Alex Jackson.

43:34.920 --> 43:43.690
[SPEAKER_01]: He would have had a stroke if they tried to put some fucking sorry if they tried to put some Google shit That somebody goes to be an expert.

43:43.811 --> 43:57.968
[SPEAKER_01]: Yeah, and don't even know who the dude is I'm just I'm shocked at the unprofessionality of this case But the court committed reversible error by excluding evidence that in pieced the credibility of Allen's confessions

43:58.218 --> 44:02.265
[SPEAKER_01]: At trial, Allen sought to impeach the credibility of his confessions.

44:02.285 --> 44:04.870
[SPEAKER_01]: The judge made it three reversible errors.

44:05.310 --> 44:10.099
[SPEAKER_01]: Together, the decisions violated his constitution of right to present ed defense.

44:10.920 --> 44:19.315
[SPEAKER_01]: When a defendant confesses, the manner in which Dick Confession was obtained is relevant to the confessions credibility.

44:20.577 --> 44:25.685
[SPEAKER_00]: The court aired by excluding the audio from Allen solitary confinement videos.

44:26.506 --> 44:33.196
[SPEAKER_00]: At trial, Allen moved to introduce 15 videos showing the conditions he endured in solitary confinement.

44:33.756 --> 44:40.967
[SPEAKER_00]: The court sustained the states here say objection and ordered Allen to mute the videos when he showed them to the jury.

44:41.548 --> 44:43.270
[SPEAKER_00]: This was reversible error.

44:43.731 --> 44:47.817
[SPEAKER_00]: The audio shows a delusional, confused, and disorganized mind.

44:48.151 --> 44:51.641
[SPEAKER_00]: The evidence can only be fully appreciated by listening to it.

44:52.122 --> 44:55.753
[SPEAKER_00]: Accordingly, Allen respectfully requests this court.

44:55.773 --> 45:01.148
[SPEAKER_00]: Watch the videos with audio, especially videos 172.

45:01.415 --> 45:07.582
[SPEAKER_00]: 1,000 to 1,07, I mean, they got video numbers going all the way up to 10,000.

45:08.203 --> 45:10.746
[SPEAKER_00]: The statements in those videos are not hearsay.

45:10.886 --> 45:14.951
[SPEAKER_00]: Statements are not hearsay when used to prove a defendant's state of mind.

45:15.471 --> 45:19.776
[SPEAKER_00]: This was precisely Allen's purpose in offering the evidence.

45:19.796 --> 45:29.127
[SPEAKER_00]: And the trial court conceded this to the extent there are older cases suggesting that a

45:29.478 --> 45:36.308
[SPEAKER_00]: Those decisions are inconsistent with and should not survive the adoption of the modern rules of evidence.

45:37.170 --> 45:45.322
[SPEAKER_00]: The audio in the video is also relevant because it impeaches Dr. Wallace testimony and undermines her medical records.

45:45.983 --> 45:54.135
[SPEAKER_00]: Wallace evidence gave the misleading impression that Alan provided organized and detailed confessions with a beginning middle and end.

45:54.655 --> 46:01.602
[SPEAKER_00]: But the omitted audio rebuts this, showing a disorganized, non-sensical and confused Allen.

46:02.043 --> 46:07.488
[SPEAKER_00]: A May 3rd, for example, Dr. Wallett describes Allen's mind as more organized than he'd been.

46:08.269 --> 46:17.899
[SPEAKER_00]: But the April 28th video puts this statement in context, showing a disjoined, tangential, non-sensical and rambling Allen.

46:18.380 --> 46:21.523
[SPEAKER_00]: He is plainly psychotic and uncredible.

46:21.925 --> 46:27.854
[SPEAKER_00]: The audio also presents a vivid picture of solitary confinement's harsh conditions.

46:28.455 --> 46:34.063
[SPEAKER_00]: Staff talk, callously to Alan, guards remark how long feces is on his back.

46:34.604 --> 46:41.934
[SPEAKER_00]: It makes tell him to kill himself and medical staff ignore obvious signs of SMI and over medication.

46:42.555 --> 46:50.447
[SPEAKER_00]: In one video, medical personnel ask Alan about his cholesterol and blood pressure, what, ignoring his catatonia and drool.

46:51.018 --> 46:58.931
[SPEAKER_00]: Without the audio, this video presents a misleading impression that the medical professionals are attentive when in fact they are not.

46:59.613 --> 47:01.115
[SPEAKER_00]: This error was harmful.

47:01.416 --> 47:13.937
[SPEAKER_00]: The audio shows the Allen statements in solitary confinement are in worthy of belief, excluding them, therefore affected his substantial rights and likely influenced the jury's decision.

47:14.862 --> 47:23.033
[SPEAKER_00]: The Trial Court committed reversible air in prohibiting the jury from hearing two phone calls, Alan made on April 3rd, 2023.

47:24.275 --> 47:28.360
[SPEAKER_00]: On April 2nd, Alan called his mother and discussed finding religion.

47:29.021 --> 47:33.647
[SPEAKER_00]: In the early morning hours of April 3rd, Alan made three intertwined calls.

47:34.208 --> 47:43.941
[SPEAKER_00]: Over objection, the jury heard the second call where Alan confessed to his wife, but the judge prohibited the jury from hearing the calls that bookened it.

47:44.275 --> 47:48.180
[SPEAKER_00]: where Alan questioned his sanity and the brassity of his own statements.

47:48.680 --> 47:56.790
[SPEAKER_01]: See, man, if they was allowed to hear one, the phone call where he was saying bad shit, they should have allowed the other phone calls where he was acting in a...

47:56.950 --> 47:59.132
[SPEAKER_00]: I think you should have, they should have heard them all.

48:00.014 --> 48:01.716
[SPEAKER_01]: I agree, and don't you think it's kind of weird?

48:01.956 --> 48:04.499
[SPEAKER_00]: I get, they're not going to be able to hear them all.

48:04.679 --> 48:06.001
[SPEAKER_01]: Or there's hundreds of hours.

48:06.081 --> 48:07.262
[SPEAKER_00]: Let's say, uh,

48:08.305 --> 48:30.111
[SPEAKER_01]: perfect unbiased mixed of both I couldn't have said it better myself and don't you think it's weird though that they have videos and they're trying to talk to this dude about his blood pressure and he's drooling down his face like not enough and don't even know where he's at and then isn't coherent and then he's like you know I did it but I don't know what I did but yeah I did it

48:30.091 --> 48:31.212
[SPEAKER_01]: I'm sorry, man.

48:31.232 --> 48:35.778
[SPEAKER_01]: I'm just I'm leaning towards this was a whole mess that shouldn't have been messed.

48:36.458 --> 48:39.662
[SPEAKER_00]: SuperHarshman's testimony made the error worse.

48:40.343 --> 48:51.877
[SPEAKER_00]: Over objection, Harshman claimed that when confessing, Alan was consistently calm, subdued, and solemn, and tone showing no indication of dearest or stress.

48:52.718 --> 48:56.963
[SPEAKER_00]: But the excluded April 3rd calls discredit this testimony.

48:57.523 --> 48:59.946
[SPEAKER_00]: Alan was confused

49:00.179 --> 49:04.776
[SPEAKER_00]: He believed he was losing his mind in that DOC was poisoning him.

49:05.379 --> 49:10.257
[SPEAKER_00]: He referred to being mentally tortured, comparing his environment to Guantanamo Bay.

49:10.793 --> 49:14.377
[SPEAKER_00]: independently, this error was harmful and warrants reversal.

49:14.798 --> 49:22.927
[SPEAKER_00]: In closing, the prosecutor told the jury Allen started confessing on April 3rd because he'd given himself to Jesus the day before.

49:22.947 --> 49:26.691
[SPEAKER_00]: They excluded April 3rd calls to a different story.

49:27.312 --> 49:33.038
[SPEAKER_00]: Allen was losing his mind, showing lapses in memory and confusing dreams with the reality.

49:33.592 --> 49:38.940
[SPEAKER_00]: The prosecutor got to offer an inculpatory story for how those confessions started.

49:39.561 --> 49:57.508
[SPEAKER_00]: While Alan was prohibited from presenting an exculpatory story through contemporaneous evidence, the trial court heard by excluding the statements and behaviors that provided the foundations for Dr. Grayson's opinion that Alan's confessions were not credible.

49:58.289 --> 50:02.856
[SPEAKER_00]: At trial, Dr. Grayson testified

50:03.173 --> 50:13.649
[SPEAKER_00]: But the judge prohibited the doctor from discussing the statements that provided the foundation for this opinion, including Allen's statements that were patently false.

50:14.370 --> 50:16.153
[SPEAKER_00]: This was reversible air.

50:16.614 --> 50:19.638
[SPEAKER_00]: First, Allen's false statements were not here, say.

50:20.179 --> 50:26.108
[SPEAKER_00]: He offered the statements to show his data mine and to prove he was saying things and worthy of belief.

50:26.850 --> 50:29.113
[SPEAKER_00]: Second, even if hearsay,

50:29.397 --> 50:40.194
[SPEAKER_00]: The statements were admissible under evidence rule 703, which provides expert may testify to opinions based on an admissible evidence.

50:40.775 --> 50:46.844
[SPEAKER_00]: Provided that is the type reasonably relied upon by experts in the field.

50:47.585 --> 50:52.152
[SPEAKER_00]: And third, the statements were admissible because the state opened the doors three times.

50:52.753 --> 50:57.801
[SPEAKER_00]: Trooper Harseman testified that Allen's confessions

50:58.118 --> 51:00.901
[SPEAKER_00]: and included details only the killer would know.

51:00.921 --> 51:10.990
[SPEAKER_00]: The state also paraded witnesses before the jury who opined that Allen's mind was intact when he confessed and that he was faking his symptoms.

51:11.791 --> 51:16.395
[SPEAKER_00]: And Dr. Walla testified she saw no reason to screen Allen for delirium.

51:17.116 --> 51:27.265
[SPEAKER_00]: Allen was entitled to counter all this with evidence that his statements were false and consistent

51:28.544 --> 51:40.080
[SPEAKER_00]: Independently, this era was harmful and warrants reversal in closing the prosecutor molded a story that despite Allen's undisputed psychosis, his confessions were truthful.

51:40.600 --> 51:47.910
[SPEAKER_00]: The judge affected the jury's decision when she prohibited Allen from showing that he may repeat it untruthful confessions.

51:49.292 --> 51:53.117
[SPEAKER_00]: Together, the above errors violated the constitution,

51:53.367 --> 52:19.864
[SPEAKER_00]: The Constitution prohibits a court from stripping a defendant of the power to describe to the jury the circumstances that prompted his confession that is precisely what occurred here Alan repeatedly presented evidence that placed his confessions into context and impeached their credibility, but the judge arbitrarily excluded the evidence and disproportionately ruled in the state's favor.

52:21.869 --> 52:28.150
[SPEAKER_01]: What kills me folks and I'm sorry to add insult to injury to this, but it just seems like

52:30.290 --> 52:37.240
[SPEAKER_01]: We've explained to you the type of craziness and delirium this dude was going through in solitary confinement.

52:37.260 --> 52:44.071
[SPEAKER_01]: He had a nice life, a home, no evidence of child crazy shit on his electronics.

52:44.952 --> 52:46.594
[SPEAKER_01]: He was a manager at CVS.

52:46.615 --> 52:48.277
[SPEAKER_01]: He goes from this to that.

52:49.078 --> 52:54.947
[SPEAKER_01]: And if they can do this to this dude, they can do this to any of us.

52:54.927 --> 53:03.261
[SPEAKER_01]: I'm just saying everything was unfair and I'm just going to put my opinion out there, and I'm sorry if you don't like it I just don't see it.

53:03.581 --> 53:17.003
[SPEAKER_00]: I'm sorry, but that's my opinion It's not that you just the evidence before you is not enough for you to lean one way and the shadyness of the evidence presented makes you even Absolutely, like confirms your bias that you're starting to get

53:17.168 --> 53:32.848
[SPEAKER_01]: right and we've dug so deep into this case we've watched the videos we've seen the interviews this dude was not a dude drinking out of a toilet like a dog when he went in there man I mean he laughed at him when he said oh this bullets from your gun he was literally like dude you're

53:32.828 --> 53:34.370
[SPEAKER_01]: You're crazy, bro.

53:34.410 --> 53:36.111
[SPEAKER_01]: That's a shame for my gun.

53:36.131 --> 53:38.674
[SPEAKER_01]: I mean, I've known a lot of people.

53:39.014 --> 53:42.298
[SPEAKER_01]: I grew up in, you know, a lot of cities.

53:42.438 --> 53:45.241
[SPEAKER_01]: And I just know people and how they act, man.

53:45.261 --> 53:45.981
[SPEAKER_01]: And I've been wrong.

53:47.122 --> 53:49.825
[SPEAKER_01]: Well, I thought I was wrong once, but I was mistaken.

53:49.845 --> 53:50.366
[SPEAKER_01]: I wasn't.

53:50.806 --> 53:54.770
[SPEAKER_01]: So I'm just saying, it just blows my mind.

53:54.810 --> 53:55.571
[SPEAKER_01]: It really does.

53:56.912 --> 54:01.637
[SPEAKER_01]: I'd like to read some of the people's comments on our Facebook post, really, at the end of this.

54:03.119 --> 54:08.845
[SPEAKER_01]: So the trial court committed more reversible air in denying Allen's motion to correct the errors.

54:09.966 --> 54:17.214
[SPEAKER_01]: Allen timely filed a motion to correct errors arguing the state elicited false testimony and allowed it to go uncorrected.

54:17.614 --> 54:19.216
[SPEAKER_01]: The trial court denied the motion.

54:19.836 --> 54:28.446
[SPEAKER_01]: The 14th amendment is violated when the prosecution knowingly solicits false testimony or knowingly allows it to go uncorrected.

54:29.567 --> 54:30.848
[SPEAKER_01]: According to Dr. Wala,

54:31.216 --> 54:39.189
[SPEAKER_01]: Alan confessed that he was attempting to rape the girls, but abandoned his efforts and fled with them across the creek when he saw a van.

54:39.910 --> 54:56.397
[SPEAKER_01]: At trial, the state elicited testimony from Brad Weber, who told the jury he left to work at the Subaru Factory in Lafayette, Indiana, around 202 p.m. On February 13, 2017, and drove his white cargo van directly home.

54:56.377 --> 55:07.793
[SPEAKER_01]: The prosecutor told the jury that the timeline for Weber's testimony, Allen's confession, and the step data on Libby's phone matched perfectly and proved Allen guilty.

55:08.734 --> 55:12.139
[SPEAKER_01]: Here's a direct quote from evidence from the prosecution team.

55:12.460 --> 55:18.008
[SPEAKER_01]: If you take a look at the health app data, there's a pause in the movement for seven minutes.

55:18.548 --> 55:25.438
[SPEAKER_01]: He has seven minutes with him, but before he can finish his deed or his deeds, he sees a van.

55:25.958 --> 55:31.671
[SPEAKER_01]: Brad Weber's coming home from work, down his private road to his home, and he scares Richard Allen.

55:32.353 --> 55:41.655
[SPEAKER_01]: Then Richard Allen forces the girls across the creek to a spot in the woods, a secluded spot, and he kills them and cuts their neck.

55:41.838 --> 56:00.564
[SPEAKER_01]: Weber's testimony is false and the state knew it specifically security camera footage from Weber's neighbor showed him arriving home around 244 and an FBI report showed Weber's cell phone arriving home around 250 which would coincide with the other witnesses testimony.

56:01.645 --> 56:05.010
[SPEAKER_01]: The air was constitutional and requires reversal.

56:06.475 --> 56:11.303
[SPEAKER_01]: An error requires reversal if it could have contributed to the verdict.

56:12.044 --> 56:20.459
[SPEAKER_01]: Here, the false evidence, if corrected, would show that Weber's arrival home was inconsistent with that state's murders timeline.

56:20.939 --> 56:23.083
[SPEAKER_01]: Here, arrived home 25 minutes.

56:23.063 --> 56:33.915
[SPEAKER_01]: After the pause in movement on Libby's phone, and nearly 15 minutes after Libby's phone was on the other side of the creek, hundreds of yards away from Weber's home.

56:34.756 --> 56:41.704
[SPEAKER_01]: Thus, Allen's statements too, while are inconsistent with the truth and suggest he was delirious.

56:42.304 --> 56:52.716
[SPEAKER_00]: The error requires reversible.

56:53.253 --> 56:57.660
[SPEAKER_00]: The trial court prohibited Allen from explaining the murder scene as a ritual killing.

56:58.060 --> 56:59.342
[SPEAKER_00]: This was reversible error.

56:59.883 --> 57:12.242
[SPEAKER_00]: Evidence was, which tends to show that someone else committed the crime, logically, makes it less probable that the defendant committed the crime and thus meets the definition of relevance in Rule 401.

57:13.023 --> 57:21.876
[SPEAKER_00]: Here, Allen Tendered Dawn Permutter, a recognized-esque expert in ritualistic killings and

57:22.244 --> 57:24.948
[SPEAKER_00]: to explain the elements of virtual killings.

57:26.450 --> 57:31.558
[SPEAKER_00]: Virtual killings commonly occur outdoors in wooded areas and nearby bodies of water.

57:32.099 --> 57:38.709
[SPEAKER_00]: They occur on holiday significant to the group and commonly often involve the use of ceremonial knives.

57:39.550 --> 57:51.087
[SPEAKER_00]: There will be symbolism at the scene and with Norse pagan rituals, the symbolism will likely involve ruins, arranging natural objects in a specific way

57:51.353 --> 57:54.576
[SPEAKER_00]: Combining the ruins with blood, I.E.

57:55.056 --> 57:56.418
[SPEAKER_00]: Bloodting the ruins.

57:56.438 --> 57:59.641
[SPEAKER_00]: You don't get a bullet wounds with ritual murders.

58:00.241 --> 58:04.725
[SPEAKER_00]: Rather there is usually throat slitting, blood loss, and perhaps torture.

58:05.326 --> 58:12.072
[SPEAKER_00]: You'd expect this sacrifice to be displayed or arranged at the scene in a manner that is significant to the group.

58:12.753 --> 58:18.778
[SPEAKER_00]: And finally, you would expect to see an atypical or symbolic blood pattern at a ritual killing.

58:20.598 --> 58:23.262
[SPEAKER_00]: This murder scene included all of these elements.

58:23.603 --> 58:26.867
[SPEAKER_00]: The murders occurred outdoors in that clearing in near large creek.

58:27.388 --> 58:33.557
[SPEAKER_00]: The murders coincided with the Nordic holiday, Valice Blot, which honors Odin's son.

58:34.118 --> 58:37.964
[SPEAKER_00]: The girls' thoughts work out with the knife and they blend extensively.

58:37.984 --> 58:45.255
[SPEAKER_00]: The expert found the sticks to be obvious symbolism and difficult to explain in any other way.

58:45.573 --> 58:55.549
[SPEAKER_00]: In her opinion, the stick arrangement on Abbey married the Norse Rune, Gibo, and the stick formation on Libby looked like a Nordic, bind Rune.

58:56.831 --> 59:01.819
[SPEAKER_00]: Pearl Mudder also explained that the bodies were arranged in a manner consistent with a pagan ritual.

59:02.300 --> 59:11.935
[SPEAKER_00]: An upside down hanging body is an important element of Norse paganism because Odin hung for matry for nine days before discovering Rune's.

59:12.320 --> 59:16.566
[SPEAKER_00]: And Odin's leg is often displayed with one leg bent behind the other.

59:16.586 --> 59:26.219
[SPEAKER_00]: Here, the blood patterns on the girl's faces suggest a person lifted their bodies and articulated their torso's ennex above their chins.

59:27.521 --> 59:37.335
[SPEAKER_00]: Abby's leg was bent behind the other, mirroring the classic image of Odin, and the blood pattern on the tree appeared to look like a Norse pagan Fihu ruin.

59:38.056 --> 59:39.778
[SPEAKER_00]: Pearl Mudder had knowledge

59:40.147 --> 59:58.189
[SPEAKER_00]: skill and expertise to offer this testimony, expert testimony should be admitted if the expert is qualified by knowledge, skill, experience, training, or education, and to the testimony will help the trial of fact to understand the evidence or to determine a fact in issue.

59:58.249 --> 01:00:05.918
[SPEAKER_00]: Here, pearl mother is an expert in ritualistic killings and a recognized federal subject matter expert

01:00:06.472 --> 01:00:10.478
[SPEAKER_00]: on a typical homicide and ritualistic crime scene investigation.

01:00:11.519 --> 01:00:21.574
[SPEAKER_00]: She is the author of ritualistic crime scene investigation, a field guide for law enforcement officers investigating ritualy-motivated crimes.

01:00:21.994 --> 01:00:29.786
[SPEAKER_00]: She teaches about ideological and ritualistic killings and she is familiar with the practice of Norse paganism or Odinism.

01:00:30.286 --> 01:00:32.850
[SPEAKER_00]: She was qualified to offer her testimony.

01:00:34.585 --> 01:00:35.026
[SPEAKER_01]: All right.

01:00:35.066 --> 01:00:38.871
[SPEAKER_01]: So our faithful faithful listeners, we're running out of time on this.

01:00:39.532 --> 01:00:47.384
[SPEAKER_01]: The jury didn't get to hear the expert witnesses on paganism, Odinism and all the holidays and all the rituals.

01:00:48.386 --> 01:00:51.430
[SPEAKER_01]: But we have a few pages left on the appeal case.

01:00:51.697 --> 01:00:57.706
[SPEAKER_01]: And we also have an expert that has practiced this Odinism and paganism and all this stuff.

01:00:58.146 --> 01:00:59.789
[SPEAKER_01]: And the rituals and the holidays.

01:01:00.149 --> 01:01:07.320
[SPEAKER_01]: And he's going to be here in the studio to analyze the crime scene, all the stuff that they are talking about.

01:01:07.360 --> 01:01:08.321
[SPEAKER_01]: Talking about on this.

01:01:08.802 --> 01:01:13.409
[SPEAKER_01]: And we would love for you guys to hear his opinion and we're kind of excited here too.

01:01:13.589 --> 01:01:15.352
[SPEAKER_00]: Yeah.

01:01:15.372 --> 01:01:21.180
[SPEAKER_01]: We'd love for you to help us keep 69 south on the air and help us keep the lights on in the studio.

01:01:21.245 --> 01:01:25.532
[SPEAKER_00]: www.patreon.com forward slash 69 South.

01:01:25.873 --> 01:01:27.977
[SPEAKER_01]: To our faithful listeners, I know you've noticed it.

01:01:28.017 --> 01:01:29.800
[SPEAKER_01]: There is commercials and stuff now.

01:01:29.820 --> 01:01:37.693
[SPEAKER_01]: So we're offering commercial free access for just $5 a month when you go to Patreon and sign up.

01:01:37.713 --> 01:01:39.557
[SPEAKER_01]: Until then, have a good day.

01:01:39.997 --> 01:01:40.839
[SPEAKER_00]: Good evening.

01:01:41.380 --> 01:01:43.303
[SPEAKER_01]: What ever, man?