Filed: 2/21/2024 12:36 PM

Carroll Circuit Court

Carroll County, Indiana

STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT

) SS:
COUNTY OF CARROLL )

STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-00001

)
VS. )
)
RICHARD M. ALLEN )

STATE’S OBJECTION TO DEFENDANT’S RESPONSE ON DISCOVERY

Comes now the State of Indiana, by its prosecuting attorney, Nicholas C.

McLeland, and respectfully objects to any kind of continuance on discovery from the
Defense. The State would ask the Court deny a continuance of the February 21st, 2024
deadline. In support of this motion, the State of Indiana would show the Court as
follows:
1. That the State has complied with the November 1st, 2023 deadline on discovery
and continues to provide discovery as it is received.
2. The information returned by counsel to the State following their removal
contained less than what had been provided, thereby requiring a complete review
before it could be forwarded to substitute counsel.
3. That upon reinstatement of counsel, that same information was again returned to
the State, reviewed by the State and then forwarded to present counsel.
4. That the State believes that all discovery in its possession has been provided to
counsel.
5. That information provided after reinstatement is substantially the same as the
original information; however, the State continues to supplement that information
with anything new, including follow up on tips that come in through the hotline,
jail calls from the Defendant and video of the Defendant at the facility where he is
housed.
6. That to date, 26 terabytes has been provided to the Defense, which .
 7. That to date, Defense has failed to reciprocate the discovery obligation, with the
exception of 6 names provided by the Defense on February 13th, 2024 without
clarification as to the witnesses’ area of expertise or what they will testify to.
8. It seems that the Defense are acting in bad faith when they at a minimum can’t
identify which field of expertise their expert witnesses practice in.
9. That the State further believes that exhibits that the Defense plan to show to
witnesses in the depositions should be turned over in advance of the depositions
in order to prepare for said depositions.
10. This would assist in preparation for the depositions and would save taking breaks
in the depositions to examine the exhibits.
11. This also seems in compliance with the compromise by the State to allow the
Defense to take multiple depositions of the same witnesses.
12. That the State attempted to resolve this with the Defense without court
intervention, but like the discovery, the Defense refuses to turn over any exhibits.
Wherefore, now comes the State of Indiana, by Prosecuting Attorney, Nicholas C
McLeland, and files this objection to any kind of extension for the Defense to hand over
discovery. That the State would ask the Court to order the Defense to turn over any and
all discovery that they have in their possession immediately, along with any exhibits that
they plan to use in depositions.

Nicholas C. McLeland
Attorney #28300-08
Prosecuting Attorney
CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing instrument was served upon the Defendant’s
attorney of record, through personally delivery, ordinary mail with proper postage affixed or by service
through the efiling system and filed with Carroll Circuit Court, this __21st__ day of February, 2024.

Nicholas C. McLeland
Attorney #28300-08
Prosecuting Attorney