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Delphi murders case hearings to take on several key issues

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CARROLL COUNTY, Ind. – Attorneys for the prosecution and defense will discuss multiple issues during a series of hearings this week in the Delphi murders case.

Richard Allen faces four counts of murder in connection with the February 2017 deaths of Abby Williams and Libby German near the Monon High Bridge in Delphi.

Indiana State Police announced his arrest in October 2022. The case has been mired in back-and-forth legal maneuvering involving the defense and prosecution, delaying hearings and Allen’s trial.

Allen’s attorneys have sought on multiple occasions to have Special Judge Fran Gull removed from the proceedings. The Indiana Supreme Court assigned Gull to oversee the case after the original judge recused himself.

Gull attempted to have defense attorneys Brad Rozzi and Andrew Baldwin removed as Allen’s representation last year, citing evidence leaks. In January, the Indiana Supreme Court restored them as Allen’s attorneys but reaffirmed Gull’s status as judge in the case.

Earlier this month, the state’s highest court rebuffed a subsequent attempt by the defense to remove Gull. In June, Gull herself denied a defense motion seeking her recusal.

It’s against this backdrop that Gull will hold hearings in Carroll County on Tuesday, Wednesday and Thursday. She’s scheduled to hear multiple motions over the course of the three days:

  • State’s Motion for Admissibility (filed May 6, 2024)
  • Defense Motion to Suppress Second Statement (filed April 15, 2024)
  • State’s Objection to Defendant’s Motion to Suppress (filed April 15, 2024)
  • Defendant’s Motion to Compel and Motion for Sanctions (filed April 23, 2024)
  • Defendant’s Motion to Vacate Safekeeping Order (filed May 13, 2024)
  • State’s Motion in Limine (filed April 28, 2024)
  • Defense Response to State’s Motion in Limine
  • Defendant’s Second Motion to Dismiss (filed May 20, 2024)
  • State’s Response to Defendant’s Second Motion to Dismiss (filed June 9, 2024)
Abby Williams and Libby German
13-year-old Abby Williams and 14-year-old Libby German. (Credit: Family)

Delphi murders hearings: Pressing issues

Pressing issues include defense efforts to suppress Allen’s purported jail confessions and question the admissibility of his interviews with police. The defense is asking the court to sanction the prosecution for failing to turn over discovery evidence in a timely manner.

The defense has also accused the state of destroying potentially exculpatory evidence. Another issue involves Allen’s safekeeping order; his attorneys want him moved to county jail. He’s currently being held in a state facility.

The state, meanwhile, seeks to have Allen’s statements admitted in court and wants to the judge to dismiss the defense’s motions to have them suppressed.

Prosecutors also filed a motion attempting to prevent the defense from mentioning its alternative murder theory surrounding Odinism during jury selection, opening statements, evidence presentation or closing arguments.

Andrew Baldwin (L), Richard Allen (C), Bradley Rozzi (R)

Last week, the defense filed a separate motion seeking to present “mini opening statements” prior to jury selection. Gull granted the motion without a hearing and will give counsel five minutes to present such statements.

Gull has issued orders denying media requests for cameras in the courtroom for this week’s hearings.

Allen’s trial is scheduled to begin on Oct. 15 and last through Nov. 15. Jurors will be brought in from Allen County to hear the case and render a verdict.

Midwest

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