Defense Attorney Bob Motta Explains Motion in Delphi Case That Supreme Court Denied
Dec 18, 2023, 04:00 PM
In the intricate and heart-wrenching saga of the Delphi murder case, justice for two young girls seems to be overshadowed by a growing concern: Are the legal proceedings morphing into a referendum on the judicial system in Delphi, Indiana? Bob Motta, defense attorney and host of the podcast Defense Diaries, joins Tony Brueski of the Hidden Killers podcast to unravel the latest developments in this case that has captured national attention.
The conversation begins with an examination of two pivotal actions addressed by the Supreme Court of Indiana. One involves Judge Gull, who has been at the center of controversy for her handling of the case. Motta highlights the peculiarity in the case management since the arrest of Richard Allen, the accused. The initial recusal of Judge Diener and the subsequent appointment of Judge Gull from Allen County marked the beginning of a series of unusual decisions.
Motta points out the abnormal sealing of the Probable Cause Affidavit (PCA) by Judge Gull, underscoring that transparency is a constitutional mandate in trials. "Public trials are supposed to be public... every murder is horrific... every single loss of life like that is tragic," Motta states, questioning the rationale behind keeping the PCA under wraps initially.
The case took a turn when defense attorneys, Rozzi and Baldwin, were removed by Judge Gull, a decision that Motta critically views as lacking due process. "Rick Allen has to be given notice if his attorneys are going to be withdrawing from the case... none of that happened," Motta explains. This move led to the second original action, focusing on the violation of Allen's Sixth Amendment rights.
The discussion then shifts to the upcoming oral arguments scheduled for January 18th at the Indiana Supreme Court, a crucial moment that may set the course for this complex case. Motta expresses concern about the judge's preparedness and readiness, given the significant amount of work required before the trial.
As Motta and Brueski delve deeper, they uncover a web of procedural anomalies and judicial decisions that raise questions about the fairness and integrity of the trial process. The conversation illuminates the critical issues at play, including the protection of defendant rights and the pursuit of justice in a system seemingly mired in complexity and controversy.
As the episode concludes, Motta reiterates the importance of fairness and due process, not just for Allen but for the sake of the judicial system’s credibility. "You never know what a jury is going to do ever... juries want somebody to pay for that," he remarks, highlighting the unpredictable nature of trials and the crucial role of a fair judicial process.
The Hidden Killers podcast with Tony Brueski and Bob Motta leaves us pondering: In the quest for justice, can the Delphi case withstand the scrutiny of legal procedures and emerge with a verdict that upholds the principles of justice and fairness? Only time will tell as this legal drama continues to unfold.
Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj
Follow Our Other Cases: https://www.truecrimetodaypod.com
The latest on Catching the Long Island Serial Killer, Awaiting Admission: BTK’s Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com
The conversation begins with an examination of two pivotal actions addressed by the Supreme Court of Indiana. One involves Judge Gull, who has been at the center of controversy for her handling of the case. Motta highlights the peculiarity in the case management since the arrest of Richard Allen, the accused. The initial recusal of Judge Diener and the subsequent appointment of Judge Gull from Allen County marked the beginning of a series of unusual decisions.
Motta points out the abnormal sealing of the Probable Cause Affidavit (PCA) by Judge Gull, underscoring that transparency is a constitutional mandate in trials. "Public trials are supposed to be public... every murder is horrific... every single loss of life like that is tragic," Motta states, questioning the rationale behind keeping the PCA under wraps initially.
The case took a turn when defense attorneys, Rozzi and Baldwin, were removed by Judge Gull, a decision that Motta critically views as lacking due process. "Rick Allen has to be given notice if his attorneys are going to be withdrawing from the case... none of that happened," Motta explains. This move led to the second original action, focusing on the violation of Allen's Sixth Amendment rights.
The discussion then shifts to the upcoming oral arguments scheduled for January 18th at the Indiana Supreme Court, a crucial moment that may set the course for this complex case. Motta expresses concern about the judge's preparedness and readiness, given the significant amount of work required before the trial.
As Motta and Brueski delve deeper, they uncover a web of procedural anomalies and judicial decisions that raise questions about the fairness and integrity of the trial process. The conversation illuminates the critical issues at play, including the protection of defendant rights and the pursuit of justice in a system seemingly mired in complexity and controversy.
As the episode concludes, Motta reiterates the importance of fairness and due process, not just for Allen but for the sake of the judicial system’s credibility. "You never know what a jury is going to do ever... juries want somebody to pay for that," he remarks, highlighting the unpredictable nature of trials and the crucial role of a fair judicial process.
The Hidden Killers podcast with Tony Brueski and Bob Motta leaves us pondering: In the quest for justice, can the Delphi case withstand the scrutiny of legal procedures and emerge with a verdict that upholds the principles of justice and fairness? Only time will tell as this legal drama continues to unfold.
Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj
Follow Our Other Cases: https://www.truecrimetodaypod.com
The latest on Catching the Long Island Serial Killer, Awaiting Admission: BTK’s Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com