CARROLL COUNTY, Ind. (WXIN) — Special Judge Fran Gull ruled on some outstanding motions filed in the Delphi murders case.
Gull denied a defense request to have the case against Richard Allen dismissed and also denied a separate defense motion regarding discovery evidence.
Allen is charged with four counts of murder in the February 2017 deaths of Abby Williams and Libby German near the Monon High Bridge. His trial is scheduled for October.
Gull heard multiple motions during a series of hearings from July 30 through Aug. 1.
One of the issues at large involved a motion to dismiss based on evidence that Allen’s attorneys argued could’ve implicated a different suspect. The defense said recordings of interviews related to that individual were erased.
But Gull, in her Aug. 16 order, wrote that “no evidence had been presented to the Court that the State destroyed exculpatory evidence nor that the State acted in bad faith.”
The special judge wrote that the defense had presented no evidence to negate the state’s findings clearing that individual in the case.
“Defendant’s Second Motion to Dismiss is therefore denied as unsupported by the law and the evidence,” Gull wrote.
The defense had accused the prosecution of withholding or delaying the release of certain discovery evidence and asked the court for sanctions.
Gull denied that request as well, writing that the defense “failed to comply” with a rule seeking “informal resolution” of discovery requests.
That said, she did order the state to turn over a specific report within ten days and provide the defense with any new discovery evidence within seven says of receipt.
Gull ordered both the defense and prosecution to exchange a list of trial exhibits by Oct. 1.
On Thursday, the defense filed a memorandum supporting the admission of its alternative murder theory into trial proceedings.
Earlier week, Gull denied the defense’s request for a Franks hearing challenging the validity of the search warrant.
The next hearing in the case is scheduled for Aug. 23.