Libby's Phone Moved 25 Minutes After The Delphi Van Left

Indiana's response brief in the Richard Allen appeal does not read like the work of a State that's confident in its conviction. It reads like the work of a State that's worried about its record.

The defense brought specifics. A van timeline contradicted by FBI cell data and surveillance footage. A confession from Richard Allen claiming he shot Abby Williams and Libby German, when the medical examiner concluded the girls were killed with a blade. An alternative suspect whose interview was allegedly recorded over by Indiana investigators, whose firearm was never collected, whose phone was never searched.

The State did not rebut those points on their merits. The State argued procedure. Harmless error. Waiver. Default. The defense filed the paperwork wrong. The defense argued the wrong way. The defense forfeited the issue.

That isn't a defense of the trial. That's an attempt to keep an appellate panel from ever reaching the trial.

Defense attorney Bob Motta joins Tony Brueski for Part One of a three-part panel on the procedural-versus-factual collision at the center of this appeal. They unpack why a State holding a conviction would build its strategy around stopping the panel at the courthouse door instead of inviting them in. They examine what the recorded-over interview means now that three judges are reading the same record the jury never saw. They get into the cause-of-death mismatch and why a confession to the wrong method of murder is harder to brush off in an appellate brief than it ever was in a closing argument.

Three judges. No more paper. The State's procedural firewall is the only thing standing between the panel and the underlying record.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.


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