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Motion For Leave of Court To Subpoena Third-Party Records
Motion For Leave of Court To Subpoena Third-Party Records
Motion For Leave of Court To Subpoena Third-Party Records
Comes now the State of Indiana, by Nicholas C. McLeland, Prosecuting Attorney for the
74th Judicial Circuit, and moves this Court for an Order for ViaPath Technologies, Attn: Andrea
Melera, 3120 Fairview Park Drive, Suite 300, Falls Church, VA 22042-4570, to produce to the
Carroll County Prosecutor’s Office, Attn: Nicholas C. McLeland, 101 West Main Street, Delphi,
IN 46923, any and all phone calls made by inmate Richard Allen while he was housed at
Westville Correctional Facility and Wabash Correctional Facility, both of which are part of the
After Richard Allen’s arrest in October of 2022, he was transported to the Indiana
Department of Corrections for safekeeping pending trial. He has been housed in the Indiana
Department of Corrections since November 3rd, 2022. He began his stay in the Westville
Correctional Facility and now has been moved to the Wabash Valley Correctional Facility.
During his incarceration, Richard Allen made several phone calls from the two facilities. During
some of those phone calls he made statements that the State intend to use at trial as evidence in
the case. The phone calls are kept by a third party, ViaPath Technologies. They are the keeper
of the records for the phone calls made by inmates housed in the Indiana Department of
Corrections.
Based on this information the State has filed a Motion for Leave to obtain these records.
The State is requesting the phone calls made by Richard Allen during his incarceration in the
Indiana Department of Corrections from November 3rd, 2022 until present specified in the
attached Subpoena Duces Tecum and/or Request for Production of Documents and Records to a
Non-Party: (H.I.)
This request is made for the purpose of preparing for trial in this matter. The State
believes that the phone calls will be introduced into evidence. The State believe the phone calls
made by Richard Allen are relevant and would assist the State in presenting it’s case at trial.
This matter is set for trial to begin on May 13th, 2024. Given the short time frame, the
State of Indiana believes that Trial Rule 34(C)(2) applies in that only 1 day of notice is required
to the Defense before the subpoena can be served. The State of Indiana has been in contact with
the Defense about the phone calls. The parties have had discussions about stipulating to the
phone calls. However, to date, the State has not heard back from the Defense as to whether they
will stipulate or not. The State has notified the Defense of this subpoena. Further the State has
notified the Defense that the State believes Trial Rule 34(C)(2) applies given that trial is to start
in 13 days. The State is unaware if the Defense consents or objects to this motion but is notified
of the same.
the 74th Judicial Circuit, respectfully prays that this Court review the attached Subpoena and then
order production of said records, and such other relief as is just and proper in the premises.
Respectfully submitted,
___________________________.
Nicholas C. McLeland
Prosecuting Attorney
101 West Main Street
Delphi, IN 46923
765-564-4514
CERTIFICATE OF SERVICE
I hereby certify that service of a true and complete copy of the above and foregoing pleading or paper was made upon the
following parties and filed with the Carroll Circuit Court by depositing the same in the United States mail in an
envelope properly addressed and with sufficient postage affixed this _30th_ day of April, 2024.
ViaPath Technologies
3120 Fairview Park Drive
Suite 300
Falls Church, VA 22042-4570
______________________
Nicholas C. McLeland
Carroll County Prosecutor
28300-08
STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT
) SS:
COUNTY OF CARROLL )
Now comes the State of Indiana, by Prosecuting Attorney, Nicholas C. McLeland, pursuant
to Rule 2 of the Indiana Trial Rules of Trial of Criminal Procedure, requests that the following
documents and records be produced for the Carroll County Prosecuting Attorney Nicholas C.
McLeland, at 101 West Main Street, Suite 204, Delphi, Indiana 46923, within thirty (30) days from
the date of service of this Request for Production of Documents and Records to a Non-Party. You
may comply by mailing a copy of the requested documents to the Prosecutor’s office post-marked
prior to the date on which production is required by the Indiana Rules of Trial Procedure.
DEFINITIONS
As used in this request, the term “document” encompasses the full scope of that term as it is
used in Trial Rule 34, including, without limitations, all writings, papers, photographs, videos, and
other recordings and communications of any kind, whether printed, electronically recorded, filmed,
or recorded or produced manually or by other process. The term “document” includes all margin
comments, handwritten notes, date of receipt stamps and notations of any kind appearing on any
document. The term “document” includes all files and data stored on computer disks or hard drives,
For each document produced, identify the corresponding request. If you claim any
information sought herein is privileged in whole or in part, object to any form of any request or
believe that any document would be excluded from production to the State, regardless of its
relevance, state the reason(s) for said objection or ground of exclusion. Identify with particularity
each document for which you claim a privilege including the date of the document, the person who
prepared the document, the person to whom the document was directed, the substance of the
INSTRUCTIONS
This Request for Production of Documents and Records to a Non-Party is made pursuant to
Rule 2 of the Indiana Rules of Criminal Procedure. In accordance with that Rule:
1. You are entitled to reimbursement for costs resulting from your response to this
Request for Production of Documents and Records to Non-Party. If there are costs
associated with production of these documents, please let me office know and we
2. You are entitled to security against damages, or payment of damages, which may
result from this request, and you may respond to this Request for Production of
response to the Prosecuting Attorney, Nicholas C. McLeland, within thirty (30) days
from the receipt of the Request for Production of Documents and Records to a Non-
Procedure.
3. The failure to respond to this Request for Production of Documents and Records to a
Non- Party, to object to it, or to move to quash it, as provided by the applicable
Indiana Rules of Criminal Procedure or Order of the Court, within thirty (30) days
from the date of service, will subject you to a Motion for Sanctions pursuant to Rule
4. You are required to keep this subpoena and the information contained therein
confidential. This subpoena and the information listed herein is not to be released to
the public and should be kept confidential. Any release of this information will be in
1. Any and all phone calls made by Richard Allen, an inmate at the Indiana
Department of Corrections from November 3rd, 2022 until present. That includes
any phone calls he made at the Westville Correctional Facility and the Wabash
Correctional Facility.
2. Any other documents, records, notes, videos and/or writings that are associated
with any phone calls made by Richard Allen while he was house in either of the
Submitted under my hand as counsel of record, pursuant to T.R. 2, on this __30th___ day of
April, 2024.
Respectfully submitted,
________________________
Nicholas C. McLeland, #28300-08
Carroll County Prosecutor
101 W. Main Street
Delphi, IN 46923
(765) 564-4514
CERTIFICATE OF SERVICE
I hereby certify that service of a true and complete copy of the above and foregoing pleading or paper was made upon the
following parties and filed with the Carroll Circuit Court by depositing the same in the United States mail in an
envelope properly addressed and with sufficient postage affixed this _30th_ day of April, 2024.
ViaPath Technologies
3120 Fairview Park Drive
Suite 300
Falls Church, VA 22042-4570
______________________
Nicholas C. McLeland
Carroll County Prosecutor
28300-08
STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT
) SS:
COUNTY OF CARROLL )
Pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, you are hereby directed to
produce the following to counsel for the Carroll County Prosecutor, Nicholas C. McLeland, at 101
West Main Street, Suite 204, Delphi, Indiana 46923 within thirty (30) days of receipt:
to a Non-Party.
________________________
Nicholas C. McLeland, #28300-08
Carroll County Prosecutor
The Court finds that the requirements of Omar v. State of Indiana are met and the Request for
Leave is Approved this ___________ day of __________, 2024.
_______________________________
Frances Gull, Special Judge
Carroll Circuit Court
STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT
) SS:
COUNTY OF CARROLL )
2. The copies of the records for which this certification is made and which are
attached hereto are true and accurate reproductions of the original records
maintained in my files.
3. The records reflect memoranda, reports, records, and data compilations that were
made at or near the time of the occurrence of the matter set forth in each of the
4. The memoranda, reports, records, and data compilations reflected are kept in the
I do hereby swear and affirm under the penalties of perjury that the attached documents
are true.
_________________________________
Signature
_________________________________
Printed Name
_________________________________
Title
_________________________________
Name of Entity
_________________________________
Date