STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT

) ss:
COUNTY OF CARROLL ) CAUSE NO. 08C01-2210-MR-000001

STATE OF INDIANA )
Plaintiff )
v. )
)
RICHARD ALLEN, )
Accused )

VERIFIED EMERGENCY MOTION FOR CONTINUANCE

emergency continuance only of the March 18, 2024, contempt proceedings. In support of his

request counsel states:

1. On March 1, 2024, counsel took the deposition of First Sergeant Holeman at which

time it was learned that there were recorded interviews that had not been provided to the

prosecutor or counsel. It was also learned that the attachments to First Sergeant Holeman’s report

had not been provided to the prosecutor or counsel. Mr. McLeland promised to get them.

2. On March 11, 2024, counsel first received the recorded interviews of Talhara

Ihlenfeldt, Robert Fortson, Rick Snay, Aine Cain, and Kevin Greenlee together, Mark Robert

Cohen, and Kyra DeBruin as well as the omitted attachments to the report.

3. Due to other obligations counsel was first able to listen to the recorded interviews the

morning of March 13, 2024.

4. The recorded interviews contain a wealth of information that beg independent

investigation of the source of various photographs that were posted on the internet and traded

between people on the internet. Additionally, had counsel had the omitted materials prior to First

Sergeant Holeman’s deposition he would have asked many, many more questions which need to

be asked for proper preparation and representation.

sweatshirt was on Abby. She had confirmed that she received photos from a Tyler Carpenter and

there was some connection to a screenshot from George Rye a former law enforcement officer.

This was the first counsel had heard of those people and the first time he heard anything about

Ms. Ihlenfeldt. She also confirmed that she had corresponded with Mr. McLeland. She also

indicated that she had been part of a small Facebook group, Reddit group, and YouTube channel

as well a s a public discourse server with private chats. She also revealed that a person known to

her had hired a private investigator to follow Mr. McLeland. She also identified other persons

possibly involved in the dissemination of photographs and named a Paul Manion which is

another name counsel had never heard. Lastly, she agreed to provide screenshots to First

Sergeant Holeman, and they agreed to do that later. Counsel has not received any screenshots and

first learned of their existence when listening to that recording.

6. During the interview with Robert Fortson he invoked his right to counsel more than a

half dozen times and First Sergeant Holeman acknowledged he had a “fourth amendment right to

counsel”, even though that is the wrong amendment, but continued to question him. First

Sergeant Holeman referenced a guy from Texas, Mark Robert, who we now know is Mark

Robert Cohen and a Kay Smith which was a name counsel had never been made aware of in

preparing for the contempt proceedings. There’s no indication that Ms. Smith was ever

interviewed by First Sergeant Holeman. First Sergeant Holeman told Mr. Fortson that the Judge

isn’t very happy, and he could be charged with contempt of court. He also told him that if he

didn’t give a statement that would be obstruction of justice and possibly contempt of court.

When Mr. Fortson indicated to First Sergeant Holeman that he was not comfortable speaking

with him until he was able to seek consultation, First Sergeant Holeman told him if he didn’t
cooperate and delete whatever he had that if he called the Judge and told her he’s not willing to

cooperate, I’m going to make a phone call and see if she wants to issue that order or not. This is

when First Sergeant Holeman also referenced that Mr. Fortson could be charged with obstruction

of justice and contempt. First Sergeant Holeman then said let me call the judge real quick and we

will go from there. He then left the room for several minutes. He then returned and told Mr.

Fortson that he had talked to the prosecutor and if he was not willing to turn over any pictures or

information basically that there would be consequences. First Sergeant Holeman also said that

the Judge had said if they have photographs get them and get information about where they got

them. First Sergeant Holeman then told Mr. Fortson his lack of cooperation was going to ruin

Richard Allen’s rights to a fair trial and going to really mess some things up for him. Then said:

“Doesn’t bother me any because it’s all bullshit in my opinion.” First Sergeant Holeman also told

Mr. Fortson that this is “some serious shit” and that the Judge is adamant that he get the photos

out of circulation. Mr. Fortson then confirmed that he didn’t have anything like that in his

possession and that there was nothing for him to delete or anything like that at all.

6. Rick Snay was interviewed by telephone. Mr. Snay indicated he had received four

photos from Kyra DeBruin. Mr. Snay also indicated that he had heard that other people had

received photos from Mark Robert and Kay Smith. Mr. Snay indicated he had gotten the

photographs Thursday, but no date was provided in his interview. First Sergeant Holeman told

Mr. Snay that the Judge was very adamant that if any got released by anybody she was going to

“issue contempt of court”. March 13, 2024, was the first time counsel heard the name Kyra

DeBruin.

7. In the interview with Kyra DeBruin she indicated that her source was through Reddit

from a ‘Lordless Warrior’ who she believed was Ron something. First Sergeant Holeman then
asked if it could be Robert Fortson and she indicated that “sounded familiar”. She never firmly

identified Robert Fortson. Whether Lordless Warrior was Ron someone or Robert Fortson, Ms.

DeBruin indicated that person had deleted an entire conversation. First Sergeant Holeman told

Ms. DeBruin that the Judge was pretty upset and had said if they do get shared she was going to

issue “warrants for contempt of court”. Counsel has been provided no information identifying

Lordless Warrior as Robert Fortson. The true identity of Lordless Warrior needs to be

investigated.

8. Mark Robert Cohen in his interview indicated his source was Robert Fortson and that

Fortson had told him to delete everything. Mr. Cohen had the impression that Mr. Fortson was an

attorney. Mr. Cohen also indicated that Mr. Fortson had made a $500 donation to his daughter’s

Make a Wish Fund, which First Sergeant Holeman then referred to as a GoFundMe. The

donation was done before and was unrelated to any conversation about or receipt of any

photographs. First Sergeant Holeman told Mr. Cohen that the Judge had told the prosecutor, who

had told him that if anybody doesn’t produce these or isn’t willing to delete or “give it up” she’s

going to “issue orders for contempt of court” and whoever released them will get charged with

contempt of court.

10. Aina Caine and Kevin Greenlee of the Murder Sheet Podcast were interviewed

together. They provided printed copies of photographs to First Sergeant Holeman. They

identified their source as Mark Robert. But they only had seven photographs while the

prosecution has alleged that nine photographs were disseminated. They did reference a cursor on

the photograph of a closeup of Abby’s head, which is curious and belies the theory that they were

photographs of photographs. Ms. Caine and Mr. Greenlee indicated the closeup of the head was

to document something in her hair, which was supposed to be antlers or horns. That indicates
some source other than what has been alleged. At the end of the interview Ms. Caine and Mr.

Greenlee told First Sergeant Holeman that they would provide him “one hundred plus,

screenshots.”

Counsel has not received an screenshots that were provided to First Sergeant Holeman.

11. Had these interviews been timely provided counsel would have had many, many more

questions for First Sergeant Holeman during his deposition. And would have had engaged in

additional investigation such as the people never before known, alternate sources of photographs,

the true identity of Lordless Warrior and more.

12. On March 13, 2024, Mr. McLeland indicated he would try to get the screenshots “if

they exist” “when he had time”. That is nice but not very helpful at this point.

13. First Sergeant Holeman seems to believe if there are recordings or documents or

people he doesn’t consider important to his theory it and they do not need to be provided.

14. At this point, there is no time to accomplish those tasks to fully, fairly, and

competently represent defense counsel on March 18, 2024, that he would try to get the

screenshots.

15. Lastly, Undersigned counsel learned on March 13, 2024, that his favorite aunt had

passed away on March 12, 2024. He does not know the service arrangements at this time.

16. it should be noted that this request applies only to the contempt proceedings and

would not cause any delay in the other hearings scheduled the same day or the trial.

17. In Ramirez v. State, 186 N.E.3d 89 (Ind. 2022) the Indiana Supreme Court, on

transfer, reversed the denial of a continuance by this very Court when counsel specifically

identified the late discovery of interviews and new allegations, the effect upon counsel’s theory
and preparation and what counsel needed to do further due to the late discovery. That is exactly

this case.

WHERFORE; counsel for Defense Counsel respectively prays the Court to continue the

March 18, 2024, Contempt Proceedings.

Respectfully Submitted,

/s/David R. Hennessy

VERIFICATION

I swear, under penalties for perjury, that the foregoing representations are true to the best
of my knowledge and belief.
/s/David R. Hennessy

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was served upon all counsel
of record at the time of filing.
/s/ David R. Hennessy

DAVID R. HENNESSY
Attorney at Law
11715 Fox Road
Suite 400 #180
Indianapolis, IN 46236
(317) 636-6160
Attorney No. 8216-49
[email protected]