
The episode discusses the issues in the Indiana Attorney General's response to Richard Allen's appeal, focusing on the timeline of events and the cause of death.
The AG's ninety-four-page response to Richard Allen's appeal is built on one word used over and over — harmless. Every excluded witness. Every blocked piece of evidence. Every ruling that went against the defense at trial. Harmless error. But there are two factual problems that word cannot fix — and defense attorney Bob Motta starts there. Problem one: the van timeline. The defense obtained surveillance footage and FBI cell phone data suggesting the van prosecutors placed near the Monon High Bridge arrived after Libby German's phone had already stopped moving. The State's response to this is not that the data is wrong — it is that the defense did not file its paperwork correctly. That is a procedural argument, not a factual one. The data either contradicts the State's timeline or it does not. Problem two: the wrong cause of death. Richard Allen told his prison psychiatrist he shot Abby Williams and Libby German. They were not shot. They were killed with a blade. In ninety-four pages, the Indiana Attorney General does not explain why a man confessing to the murders he allegedly committed described a method of killing that did not happen. The confessions were the State's case. No…
Host: Tony Brueski
Guest: Bob Motta
Organizations: Indiana Attorney General, FBI
Places: Monon High Bridge
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