IN THE

SUPREME COURT OF INDIANA

CASE NO. 23S-OR-311

STATE OF INDIANA ON THE )

RELATION OF RICHARD ALLEN, )
)
Relator, )
v. ) CAUSE NO. 08C01-2210-MR-000001
)
THE CARROLL CIRCUIT COURT )
and THE HONORABLE FRANCES )
C. GULL, SPECIAL JUDGE, )
)
Respondents. )

SECOND SUPPLEMENTAL RECORD OF PROCEEDINGS

VOLUME 1

Exhibit Date Document Page

W 06/20/2023 Report from Carroll County Sheriff 2

1
Exhibit W

2
 S [Alb OF INDIANA ) IN THE CAR110LL CIRCUIT COURT
)ss:
COUNTY or CARROLI. ) CAUSE N0. 08001-2210-MR-000001

STATE OF INDIANA ) E N TE RE D
vs.
June 12, 2023
) CARROLL CIRCUIT COURT
RICHARD M. ALLEN KA
)

TRANSPORT ORDER

Comes now the Court and having reviewed Defendant Allen's Motion for

Transport Order, now grants said Motion and directs the Carroll County Sheriffs
Department to facilitate the transfer of Inmate, Robert P. Boston (DOC# 209210) from
the Wcstville Correctitmal Facility to the Carroll Circuit Court on 'l'hmsday, June 15,

2023, at 7:30 am. and thereafier'. retum inmate Boston to the Westville Correctional

Facility at the conclusion of the proceedings on June 15, 2023. Defendant Allen's
Attorneys, Bradley A. Rozzi and Andrew J. Baldwin, shall have access to Inmate
Baston for purposes of questioning said Inmate.

All of which is

cm
ordereW
NCBS c. GULL, STP'ECIAL JUDGE
CA ROLL crucur'r COURT
0 {ROLL COUNTY, INDIANA

CAME T0 HAND
TONY LlGGETT

W
JUN l2 2023

E
D
SHERII'FOli COUNTY. DELPHI. IN
I in
JUN 2 0 2023

flawfimm
CLERK CARROLL ClRCUlT COURT

3
 Sheriff's Return

This writ came to hand the 12'" day of June 2023. Attempted service of said writ was
made on the 14'" day of June 2023. The Sheriff of Carroll County Indiana reports the
following to the Court.
On the 14'" day of June 2023, at the direction of the Sheriff of Carroll County, Carroll
County Sheriff's Specialfl'ranSport Deputy Brian Wysocki reported to the Indiana
Department of Corrections-Westville, Indiana, for purposes of taking custody of and
transporting inmate Robert P. Baston (DOC #209210) back to Carroll County, for
purposes related to this cause.
On the 14'" day of June 2023, upon arrival at the Westville facility, Specialfl'ransport
Deputy Wysocki was informed by on site DOC personnel that Inmate Baston was
refusing to exit his cell and was also refusing to be transported to Carroll County Indiana
to testify in this cause.
On the 14'" day of June 2023, communication with the Court was established by
Sheriff's Major/Chief Deputy Tobe H. Leazenby, wherein Major Leazenby was advised
by the Court to disregard any further efforts to retrieve inmate Baston from the Westville
facility. Documentation related to this incident by Sheriff's Special/Transport Deputy
Wysocki and the Indiana Department of Corrections-Westville, Indiana, is attached to
this return.

l now return this writ as served unsuccessfully.

Done the 14'" day of June 2023.

07,720
Tony Liggett, Sheriff of'Ca'rroll County

fin) WPZV
Brian ysoc i, Sheriff's Special Deputy
The Office o the Carroll County Sheriff

(I I E
JUN 2 02023

mfi
CLERK CARROKZCIRCUIT COURT

4
 Incident No. 23-0315
CARROLL COUNTY SHERIFF'S OFFICE
310 W MAIN ST Call For Service No.
DELPHI. IN 46923 Occurred From Date: 06-14-2023 Time:
( 765 ) 564-241 3
Occurred To Date: Time.
INCIDENT PAGE 1 Reported Date: 06-14-2023 Time: 17:09
Location Address

Location Name Beat Sub Beat Geo Code Latitude Longitude

Westville Correctional 0 0
Shift Weather Conditbns Lighting Conditions
a Response

Agency Status
E] Arrest(s) Made I:I
'

Evrdence Collected I:] Gang Related D Photo(s) Taken E] Unknown Offender

Source Clearance Cleared By Clearance Date

Seq Description NC Loo. Bias 1 Bias 2 Bias 3 Bias 4 Bias 5 Using 1

Using 2 Using 3
III
1 [LOCAL ONLY] NON-CRIMINAL
INFORMATION
Category Activity 1
Activity 2 Activity 3 Domestic Weapon 1 Weapon 2 Weapon 3 Premises Entry Method

OI902I I I I ID
Seq Description AIC Loc. Bias 1 Bias 2 Bias 3 Bias 4 Bias 5 Using 1 Using 2 Using 3
ll]

Category Activrty t Activrty 2 Activrty 3 Domestic Weapon 1 Weapon 2 Weapon 3 Premrses Entry Method
lg
Seq martin Type Victim (Last. figMiddle Business)
-
Dot-a SEN DL#/ID# s'tate

Resident Status Address Telephone Mobile Work

Occupation Employer Employment Address

:F Offense Link Offender Link Age Age Range

.
Sex Race Height Weight Hair Eyes Ethnicity

Injury 1
Injury 2 Injury 3 Injury 4 Injury 5 Treated By Transported To

CI Discovered Crime [3 Can ID Suspect [j Victim Crime Rights Served Cirr 1 f" 2 Justified Homicide Circumstances

Notes I Remarks LEOKA Assignment LEOKA Circumstance LEOKA Other ORI LEOKA Status

State Entry it Date By - -

State Cancellation it Date By
- -
NCIC Entry it Date By - -
NCIC Cancellation It -
Date < By

Seq ofiender Type Offender (Last, First Middle) DOB ssN DLfiDit State
1 SUSP Susp...-
BASTON, ROBERT 12-07-1968
Resident Status Address Telephone Mobile Work
1:"
Westville Correction Faclity
Occupation Employer Employment Address

Place of Birth Age Age Range Sex Race Height Weight Hair Eyes Ethnicity
54 M W
Gang Affiliation Clothing Description

Scars/Marks/Tatoos/Other Hair Style Facial Hair Complexion Build Speech Handed Cautions

Injury Treated By Transported To

Offense Link
0 1 I: Locked Down D Charge(s) Filed E] Charge(s) Pending D Photo(s) E] Prints
Multi Arrest
I:] Arrest Produced Clearance
I It
Arrest Date Time Arrest Locaton Arrest Disposition D

Underfis
z
Mirandized Date Time Mirandized Location Custody Disposition N ed Parent/Guardian

0 n 9m '1
Anned With 1 and 2 Notes / Remarks J k. MMastQNyneQUL-J
I I

Warrant ORI/Narne Warrant ti Citation/Summons ti Booking is Jail ID State ID it FBI it Arre it

AW70LQAMA)
AssistingOtfioers
CLERK UA HULL bIHbUII i OURT

Follow Up Assignment Assigned Related Case Numbens)

Reported By Submitted lor Review LEVEL 1 LEVEL 1

Approved
(8-60) WYSOCKI, BRIAN 06-19-2023 15:09 S101 -
LEAZENBY, TOBE 06-19-2023 15:09
Printed on 6/19/2023 4:33:02 PM Page 1 of 4

5
 Incident No. 23-0315
CARROLL COUNTY SHERIFF'S OFFICE
dink 310 W MAIN ST Call For Service N04

.\~»/¢; DELPHI, IN 46923 Occurred From Date: 06-1 4-2023 Time:

*oii"
(765) 564-241 3 Occurred To Date: Time:
INCIDENT PAGE 2 Reported Date: 06-1 4-2023 Time: 17:09
Seq Person Type Name (Last. first Middle -
Business) DOB ss'N DL# ID# State

Resident Status Address Telephone Mobile Work

Occupation Employer Employment Address

Offense Link Victim Link Offender Link Age Age Range Sex Race Height Weight Hair Eyes Ethnicity

Injury Treated By Transported To

Notes I Remarks
D Discovered Crime D Can lD Suspect E] Statement Taken
State Entry # Date By
- -
State Cancellation it Date ~ By
—
NCIC Entry it Date By
- -
NCIC Cancellation # -
Date By -

Seq Vehicte Type Color Year Wke Model Style State Reg'stmtion VIN

Value Classification Towed By Stored At Tow Reason

D Value Unknown
Offense Link Victim Link Offender Link Person Link Loss Type Notes l Remarks

Ownership Verified 8y Owner (Last. First Middle Business)

-
Owner Address Owner Telephone Owner Mobile

Insurance Company Ins Address Ins. Telephone

D Reg, Current D Doors Locked D Key in Vehicle D Hold Vehicle D Damage D Theft from Vehicle D Evidence D Vehicle is Cargo
Reoovered Date Time Recovered Location Recovered By Recovered Value

Released Date Time Released Location Released By

[:I Released Contents
State Entry # Date By
- -
State Cancellation x Date By
- -
NCIC Entry# Date By
- -
NCIC Cancellation it Date By- -

Seq Quantity Make / Brand Model Color Serial Number

D Evidence
Value Classification Dmg Quantity Drug Measurement
D Value Unknown
Dmg Type Suspected Property Type

E
Ca
Offense Link Victim Link Offender Link Person Link Loss Type Stored At E
Er t I 5 in

Ownership Verified By Owner (Last, First Middle -

Business) Owner Address Owner Telephone mmmmtr
Notes/Remarks JUN 2

Recovered Date Tme Recovered Location

Recovered
"@7773
Released Date Tlme Released Location

State Entry fl -
Date -
By State Cancellation ff Date By
- -
NCIC Entry# Date By
- -
NCIC Cancellation ff Date By- —

Seq Narrative Date Time Narrative By

1 06-14-2023 (8-60) WYSOCKI, BRIAN

17:19
On June 14, 2023 Special Deputy, Wysocki Brian while on duty was conducting a court ordered transport from Westville
l

Correctional Facility to the Carroll County Jail.

Upon my arrival l was escorted to Inmate Baston, Robert DOC# 209210 segregation unit to conduct the pickup. After
waiting, a Corrections Officer approached me and told me Baston is refusing to come out of his cell, and told the
Corrections Officer " Fuck you, you can't make me go!" The Corrections Officer told me they will have to do a cell
extraction to get him to my transport vehicle. I told the Corrections Officer to standy by let me make a few phone calls.

I was escorted back to the main

gate where I was greeted by Warden John Galipeau. l called Carroll County Jail
Commander Lori Sustarsic who I explained the situation to. She then made a phone call to Chief Deputy, Tobe Leazenby
who conmcted Judge, Frances Gull's office to inform them of the situation. Judge Gull's office advised to leave Baston
there if he did not want to attend the court hearing that is scheduled for 6/15/23.

l then spoke with Warden

Galipeau and asked if he could provide me with a letter stating that Baston refused to come out
of his cell and that he did not want to go. Warden Galipeau agreed he would. He later advised he would bring me the letter

Printed on 6/19/2023 4:33:02 PM Page 2 of 4

6
 Incident No. 23-0315
CARROLL COUNTY SHERIFF'S OFFICE
il?l» 310 W MAIN ST Call For Service No.
e/m4
c\~v DELPHI, IN46923 Occurred From Date 06-14-2023 Time:
*oTfi
(765) 564-2413
Occurred To Date: Time:
NARRATIVES Reported Date: 06-1 4-2023 Time: 17:09
Seq Narrative Date Time Narrative By

1 06-14-2023 17:19 (8-60) WYSOCKI, BRIAN

on 6/15/23 to Carroll County Courthouse. So, I could attach it to this report.

Nothing further at this time.

F E
E
E

JUN 2 02023

ME; Adm/1A)
CLERK CARROLL CIRCUIT COURT

Printed on 6/19/2023 4:33:02 PM Page 3 of 4

7
 incident No. 23-0315
CARROLL COUNTY SHERIFF'S OFFICE
'A 310 W MAIN ST Call For Service No.
o\'~~/ DELPHI, IN 46923 Occurred From Date 06-14-2023 Time
*0.)
(765) 564-2413 Time
Occurred To Date:
APPROVALS Reported Date: 06-1 4-2023 Time 17:09
Reporting Officer

(8-60) WYSOCKI, BRIAN

Submitted By Submitted On

(8-60) WYSOCKI, BRIAN 06-14-2023 00:00

LEVEL 1 Approved By LEVEL 1 Approved On

(8101) LEAZENBY, TOBE 06-19-2023 15:09

lnvastigatiorts Approved By investigations Approved On

(S101) LEAZENBY, TOBE 06-19-2023 15:09

Records Approved By Records Approved On

(S101) LEAZENBY, TOBE 06-19-2023 15:09

final Approved By Final Approved On

(8101) LEAZENBY, TOBE 06-19-2023 15:09

«I»
JUN 2 0 2023

fimzémee
CLERK CARROLL CIRCUIT COURT

Printed on 6/19/2023 4:33:02 PM Page 4 of 4

8
 WESTVILLE CORRECTIONAL FACILITY
Eric J. Holcomb 5501 S. 1100 W. - Westville, Indiana 46391 Christina Reagle
Governor Phone: (219) 785-2511 - Fax:
(219) 785-6175 Commissioner

June 14, 2023

On June 14, 2023, staff went to the cell of Robert Baston 209210, and advised him that he is scheduled
for court in Carroll County and the trip team is here to pick him up. Incarcerated Individual Robert
Baston 209210 stated to the staff that he was refusing to go to court. This was witnessed by the
following staff:

Sincerely,

Rogelio Rae,
; fl/g
Lie'uénant Date
4&9;
jam,"
//—M
Ed ard Vazquez Date
//%%?s

JUN 2 0 2023

CLERK CARROLL CIRCUIT COURT

STATED}? INDIANA
3.11"?"'i Dcpnrmiesit of CQHECfiOII - Indiana Government Center -
South. Rc-rlm E334 - 'V' Washington Street 0
Indiampzdislndmm 46204—2 T38
~
Phonei-'131;) 23-7:? )1 n
'
mnvimgw llIdL.lft\.U.'ll
3.11 . Fax: (317)-3_-6/9Q
Law-v
'
'. . .~' Weture. 50:.
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g,
9 ézevfi§t
 VERIFICATION OF ACCURACY

I verify under penalties of perjury that the documents included in this second

supplemental record of proceedings are accurate copies of documents filed, tendered

for filing, or entered in the respondent court.

Respectfully submitted,

/s/ Mark Leeman

Mark K. Leeman, #29109-09
LEEMAN LAW OFFICE
412 East Broadway
Logansport, Indiana 46947
574-722-3881

/s/ Cara Schaefer Wieneke

Cara Schaefer Wieneke, #24374-49
WIENEKE LAW OFFICE, LLC
P.O. Box 368
Brooklyn, Indiana 46111
PH (317) 331-8293
E-mail: [email protected]

Attorneys for Relator Richard Allen

10
 CERTIFICATE OF FILING AND SERVICE

Pursuant to Rule 2(D) of the Indiana Rules of Procedure for Original Actions,

the foregoing was electronically filed using IEFS and on November 30, 2023 was

served upon the following through IEFS:

Matthew R. Gutwein
Christopher S. Stake
DELANEY & DELANEY LLC

Angela N. Sanchez
Office of the Indiana Attorney General

Joel Schumm
Bernice Corley
Indiana Public Defender Council

Cara Schaefer Wieneke, #24374-49

WIENEKE LAW OFFICE, LLC
P.O. Box 368
Brooklyn, Indiana 46111
PH (317) 331-8293
E-mail: [email protected]

11