IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #168

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WTH!??!? Richard Allen's attorneys quit TODAY. The hearing cannot go forward. Allen has been transported back to jail.

At the VERY last minute???? Like when?? As he was being escorted into court? What's with the very last minute?? That is insane!!
 
BREAKING: Judge Fran Gull says Delphi suspect Richard Allen’s defense attorneys have withdrawn. We’ve previously reported there had been some evidence leaks from the defense team. The hearing for today went to recess two minutes after it started.


https://twitter.com/x/status/1715074142007890336
 
<snipped>

2:32PM​

The judge resets another court date for October 31st and dismisses the hearing.

2:31PM​

Allen is not in the courtroom and has been transported back to Carroll County. The judge is discussing a new trial date.

2:30PM​

The judge announces that Allen’s attorneys have confirmed with the court that they are withdrawing from the case.

2:29PM​

The judge has entered the courtroom and the hearing has begun.

2:15PM​

Attorneys have entered the courtroom, we appear to be close to starting.


2:02PM​

Guards are milling around outside the courtroom in our video feed. Waiting for Richard Allen to be brought into the courtroom. We’re told the judge will enter 10 minutes later and start the proceeding.

LIVE BLOG: Delphi murders suspect hearing as it happens
 
I guess RA at least got a day out from jail before it’s back to nearly square one.

I was so hopeful for the Trial to begin January 2024 but I’m assuming we are now at minimum 1 year out because new lawyers will have to get up to date.
 
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Gemmie said:
WTH!??!? Richard Allen's attorneys quit TODAY. The hearing cannot go forward. Allen has been transported back to jail.

At the VERY last minute???? Like when?? As he was being escorted into court? What's with the very last minute?? That is insane!!
Click to expand...
Typical unprofessional behavior of these clown defense attorneys. I am not surprised one bit. I'm upset, but not surprised.

JMO
 
BREAKING: Richard Allen's attorneys resigning from his Delphi murders case; judge ends hearing in Fort Wayne after less than 4 minutes. https://twitter.com/WISH_TV

www.wishtv.com

LIVE BLOG: Delphi murders suspect hearing as it happens

2:50pm Video of hearing available above. 2:32pm The judge resets another court date for October 31st and dismisses the hearing. 2:31pm Allen is not in the courtroom and has been transported back to Carroll County. The judge is discussing a new trial date. 2:30pm The judge announces that Allen’s...
www.wishtv.com www.wishtv.com
 
Niner said:
Okay... this is a long one since he was in court last... will definitely shorten this up a bit! :)

Thursday, October 19th:
*Status Hearing (@ 2pm ET) - IN – Abigail Joyce Williams (13) & Liberty Rose Lynn German (14) (Missing Feb. 13, 2017, found killed Feb. 14, 2017, after walking on a local hiking trail & were discovered around noon about 50 feet from the north bank of Deer Creek which is about 0.5 miles from the Monon High Bridge Trail, Delphi) – *Richard “Ricky”/”Rick” Matthew Allen (44 @ time of crime/50/now 51) arrested & booked (10/26/22) into the Carroll County Jail & charged & arraigned (10/28/22) with 2 counts of murder while committing or attempting to commit kidnapping of both victims. Plead not guilty. Held without bond.
Transferred to White County jail from Carroll County for security reasons. And was transferred (11/2/22) to IN. DOC at Westfield Correctional Facility at a more secure facility. Was awaiting transfer to Westville Correctional Facility but Judge Gull denied move (6/15/23). She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. Judge Gull denied move (7/5/23).
Allen County Judge Frances C. Gull has replaced Judge Benjamin Diener / Carroll County Prosecutor Nicolas McCleland / Andrew Baldwin & Bradley Rozzi are Allen's public appointed attorneys.
Trial was set to begin on 3/20/23 was continued on 1/8/24. Jurors will be chosen from Allen County & transported to Carroll County for trial.
Charges, case & court info from 4/19/21 thru 6/9/23 reference post #676 here:
https://www.websleuths.com/forums/...ers-richard-allen-arrested-162.659344/page-34
6/13/23: Petition filed. Verified request to prohibit public access to a court record. Objection filed. State's objection to defendant's motion for Order on continuing disclosure of defendant's mental health records. Objection filed. State's objection to defendant's Motion to Suppress. Motion in Limine regarding ballistics (to exclude from evidence) filed by defense attorneys Bradley Rozzi & Andrew Baldwin, representing Allen filed a "Motion to Limine regarding ballistics". This is a motion requesting ballistics evidence be thrown out from the trial. While the motion is sealed from public viewing, knowing the motion is related to ballistics raising questions due to the previously released probable cause affidavit that lead to Allen's arrest. That bullet was found to come from a gun belonging to Allen. Motions hearing on 6/15/23.
6/15/23 Update: Among the topics expected to be discussed in Thursday's hearing are: Defense's motion to throw out ballistics evidence in the case. Setting a trial date. A request to move Allen from a maximum security prison to a jail for mental and physical health reasons & expert witness approval. The Judge said she will not be deciding on a motion to dismiss key ballistic evidence today. The defense called their 4 witnesses to the stand to testify on moving Allen. Former Carroll County Sheriff Tobe Leazenby, Carroll County Sheriff’s Office, Max Baker, an intern for attorney Rozzi’s office, Gary Lewis from Westfield Correctional Facility. Cass County Sheriff Ed Shroder. The State called to the stand Carroll County Sheriff Tony Liggett & from the Westville Correctional Facility Captain John Galipeau.
Allen’s attorney said he made “incriminating statements,” linking him to the Delphi murders. The prosecutor agreed, saying that he made an “admission.” However, Allen’s attorney said that the incriminating statements couldn’t be trusted because of his current mental state. The State will be calling two witnesses after lunch. One or both witnesses will be testifying to ADMISSIONS OF GUILT allegedly made by RA while being detained. Prosecution & defense both referenced “incriminating statements” Allen allegedly made in prison. Prosecutor said Allen “confessed 5 or 6 times to killing the girls.” Defense team says the vague statements are inconsistent with Allen’s previous statements. The 'confessions' came from conversations that he had with people thru the tablet he uses.
for more info see posts #719 [pg 36], 721, 722, 726 to 729, 731 & 733, 735 & 737 [pg 37], 744, 745, 749, 753, 754, 756 & 769 [pg 38], 767 & 774 [pg 39], 787, 790 & 796 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-163.673635/page-40
Judge Gull decided Allen will be staying in Westville Correctional Facility. She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. The judge announced she will be unsealing multiple documents next week. The announcement comes after 13News appealed to both the judge & the Indiana Supreme Court Administration to release the documents that include multiple motions & filings in the case. A trial date for Allen has been set for January 8-26, 2024. Judge Gull approved several motions. The trial was set for January 8 through the 26. Also decided is that recording meetings with attorney in correctional facility will stop & medical records will be released to the legal team. Judge Gull told Allen’s defense that it sounded like they just wanted him moved to be convenience to them. She stated that the attorneys knew he was in Westville, when they were appointed the case & agreed. The State said they didn’t have any huge concern where Allen was placed. Their main request is that they want him held on no bond. Judge Gull advised that a Franks hearing notice must be filed before it will be set. This is in regarding the suppression hearing to hear expert testimony as it would have amounted to a Daubert hearing. A Franks hearing centers around the issue of whether or not LE lied in order to obtain a search warrant.
6/16/23: Ex Parte motion for Order authorizing expert at a public expense, incorporating memorandum in support filed by defense. 6/20/23: Motion to Quash subpoena or enter Protective Order filed by IN. Dept. of Correction. Appearance by attorneys Aaron M. Ridlen & Hannah M. Deters filed by IN. Dept. of Correction. 6/20/23: Document filed by Carroll County Sheriff's Dept.
5/18/23: (#36): Order set deadlines 5/18/23. Parties directed to file dismissal papers by 7/3/23. Joint Notice of settlement pursuant to Local Rule 16-1(g). By Magistrate Judge Andrew P. Rodovich on 5/18/23. 6/16/23: (#37): Motion: Stipulation to dismiss on 6/9/23. Joint stipulation to dismiss Carroll County, Leazenby, Liggett, only with prejudice by defendant. (#38): Opinion & Order. Order Striking Document. Set Deadlines Friday 6/16/23. The Court STRIKES the Stipulation of Dismissal with Prejudice as to Defendants Carroll County, Indiana & Tobias Leazenby, in his Individual Capacity & Official Capacity as Sheriff of Carroll County, Indiana, Only. The Court sets a deadline of 6/29/23 for either (1) the Plaintiff to file a second amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(2), to drop Defendants Carroll County, Indiana, Tobias Leazenby & Tony Liggett & to proceed only against the Carroll County Sheriff's Office or (2) the parties to file a stipulation of dismissal that includes Defendant Carroll County Sheriff's Office. Signed by Judge Theresa L. Springmann on 6/16/23.
6/22/23: Order Issued. Comes now the Court & having communicated with the parties on Defendant Allen's Motion for Order on Continuing Disclosure of Defendant's Mental Health Records, now grants said Motion & orders the Indiana DOC and/or any other departments, law enforcement agencies, and/or individuals assuming jurisdiction over the care & custody of Allen to release to Attorney Bradley A. Rozzi and/or Andrew Baldwin, upon the written request or either, any & all mental health records associated with Allen, without the necessity of the execution of consents and/or waivers by Defendant Allen or his agents. Order signed on 6/16/23 by Judge Frances Gull.
6/28/23: Order Issued by Judge F. Gull. The Court has reviewed the electronic file recently & discovered many pleadings & filings have been marked as sealed & confidential, and, therefore, unavailable to the public The Court has consulted with Counsel for the State of Indiana & the Defense & discovered the pleadings have been deemed confidential to comply with the Court Order dated December 2, 2022 which prohibits public comment, commonly referred to as the "Gag Order". Counsel agree with the Court that the public interest is best served by transparency, but that certain pleadings should remain sealed. Counsel agree that the original, un-redacted Affidavit for Probable Cause shall remain sealed as it lists names of juvenile witnesses; that the Transport Orders previously entered (and future Orders) shall remain sealed for security purposes; and that the Defense Ex Parte Motions & related Orders shall remain sealed pursuant to long established case law. All other pleadings filed prior to the date of this Order shall be unsealed & available to the public, except for the pleadings explicitly mentioned in this paragraph. Future pleadings & filings that are to be confidential shall comply with Court rules. Further, the Court has consulted with the Clerk of the Carroll Circuit Court about the impact of this Order on her office & staff, and the public interest in the pleadings which are being made available. As hundreds of pages of documents are being unsealed, this may create obstacles to the Clerk & the public. To ease the burden on the Clerk of the Court, and to ensure accessibility, the Court will make copies of the now public pleadings available at allensuperiorcourt.us/Delphi. John McGauley, Allen Superior Court, Court Executive has created this page on the Court's website to make these pleadings easily accessible to the public, the media & the parties. This link should be active within hours of the issuance of this Order.
6/29/23 Update: New court documents reveal Allen admits guilt in Delphi Murders. On April 3, 2023, Allen made a phone call to his wife Kathy Allen. In that phone call, Allen admits several times that he killed Abby & Libby. Investigators had the phone call transcribed & the transcription confirms that Allen admits that he committed the murders of Abigail Williams & Liberty German. He admits several times within the phone call that he committed the offenses (sic) as charged. His wife, Kathy Allen, ends the phone call abruptly." Information about Richard Allen's time in prison; -Alleged phone call admissions to his wife; -Cause of death of Libby & Abby. Documents also share for the first time that Abby & Libby died by homicide by "sharp object". There were also multiple pieces of clothing missing from the scene, including underwear & a sock. There is no mention of those items being recovered in any searches of property. During searches of Allen's property, numerous firearms, electronic devices & knives were seized as evidence. From the doc file, so it seems the defense Emergency Motion was a direct result of RA’s confessions to his wife. The property receipt of items collected from 1967 Whiteman Dr. Delphi, Indiana & from the car acquired Tt that property. See more info on post 308 here:
https://www.websleuths.com/forums/t...ers-richard-allen-arrested-164.681822/page-16
Per the court documents just released, Allen admitted to his wife several times in a visit on April 3, 2023 phone call that he killed Abby & Libby. His wife then hung up on him. After that, Allen began "acting strangely". He wet the legal papers left him by his attorneys and ate them! He stopped eating and sleeping. He stopped making phone calls to his wife.
6/29/23 Update: Motion for Order on visitation with inmate. Attorneys representing Allen have filed a court petition to speak with a convicted child molester who they say may be a “potential witness” in their client’s case. Attorneys Bradley Rozzi & Andrew Baldwin, the defense lawyers representing Allen in a Carroll County double murder trial, filed a motion Thursday asking the court to allow them to visit and speak with an Indiana inmate being housed at the same facility as their client.
7/5/23: Correspondence to/from court filed by Westville Correctional Inmate letter. 7/19/23: Order Issued. The Court, having reviewed the Indiana Dept. of Correction's Motion to Quash Subpoena or Enter Protective Order, now finds that Defendant's request is unreasonable & oppressive & beyond the scope of discovery. The Court, therefore, quashes the Subpoena & Request for Production to Non-Party issued by Counsel in May 19, 2023. Judicial Officer: Gull, Frances. 7/19/23: Order Issued. The Court, having had this matter under advisement following a hearing, and having considered the evidence & the arguments of Counsel, now finds as follows: Defendant is currently incarcerated in the Westville Correctional Facility under a "safekeeping order" issued November 3, 2022. The Court Order states that the Court "FINDS that Defendant is an inmate awaiting trial & is in imminent danger of serious bodily injury or death, or represents a substantial threat to the safety of others." The evidence presented at the hearing on defendant's Motion to Reconsider did not support many of the allegations advanced by defendant counsel. In fact, the evidence presented demonstrated that the Defendant is treated more favorably than other inmates housed at the Westville Correctional Facility. In light of the evidence presented, the Court has reconsidered the original Safekeeping Order & finds it is reasonable & necessary to ensure the defendant's safety & to prevent serious bodily injury to himself. The Dept. of Correction has provided, and will continue to provide Defendant with the necessarily medical services, including any mental health services. If the Dept. of Correction believes a facility other than Westville is more appropriate, or more convenient. Along with Gull's order on the safekeeping motion, she also ruled Wednesday that the defense team could not go into the WCF to inspect Allen's cell, calling the desire to do so "unreasonable and oppressive, and beyond the scope of discovery." The Court is confident that the Dept. of Corrections will move the defendant accordingly. Judicial Officer: Gull, Frances.
8/8/23: Praecipe for transcript filed by defense. Praecipe for transcript to Allen County DOS Court reporter & Felony Judicial assistant.
9/14/23 Update: Motion for broadcasting Order filed by Allen. Wants cameras in courtroom for all proceedings including trial. Amended pleading filed. Amended motion to suppress fruits of search of No. Whiteman Dr, Delphi. In the motion, Allen’s attorneys argued the warrant & probable cause affidavit failed to establish specifically what police were looking for. They contended the items named in the search could have come from any home. Allen’s attorneys believe the search violated the Fourth Amendment of the U.S. Constitution & Article 1, Section 11 of the Indiana Constitution. Both involve unreasonable search & seizure. They also cited the Fourteenth Amendment, the equal protection clause.
9/18/23 Update: Motion for Franks hearing & motion filed re verified motion for immediate transfer of custody filed by Allen. A Franks hearing is a court proceeding wherein the Court is asked to determine if the police officer involved lied in obtaining a search warrant. Attorneys for Allen say teenagers Liberty German & Abigail Williams were "ritualistically sacrificed" by members of a pagan Norse religion & white nationalist group called "Odinism." The newest twist in the case comes in a document dump Monday morning from Allen's attorneys, who are asking the judge to throw out evidence collected during a search of his home shortly before his arrest last year. Many Westville guards are also members of the "Odinite cult" & have "threatened, intimidated, and mentally abused" Allen, his attorneys write in the court document. They argue crucial evidence at the crime scene near Deer Creek and the Monon High Bridge was also withheld. They say the killers left "runes," which are described as sticks deliberately arranged on the girls' bodies & used German's blood to paint an "F" on a nearby tree. The court document also points to four people, whom police have never named, as possible suspects. An Odinite from Logansport, whose son reportedly dated Williams, allegedly posted images to social media that mimicked the crime scene. Another man from Rushville allegedly confessed to his sister about the killings. Two more men — one also from Rushville & another from Delphi — are also involved, Allen's attorneys claim. The investigation is "an utter failure in pursuing the Odinist suspects, in spite of powerful evidence of Odinites involvement in the murders," they write in the 136-page court document. 9/19/23 Update: The courts have since sealed those documents, which also included specific information and names of possible people involved, therefore Scripps News Indianapolis has made the decision to remove the full documents.
9/25/23 Update: Notice to Court Filed. Notice of Non-Party Request for News Media Access & Statement in Support for Defendant's Motion for Broadcasting. Filed by: Indiana Broadcasters Assoc., Hoosier State Press Assoc., Inc., The Associated Press, Circle City Broadcasting I, LLC, E.W. Scripps Co., Nexstar media Inc., Tegna, Inc., Gannett Satellite Information Indiana Newspapers, LLC, American Broadcasting Co., Inc., Neuhoff Media Lafayette, LLC & Woof Boom Radio LLC. 9/25/23 Update: State's response to Defendant's Motion for Broadcasting Order; oppose the motion. State's 2nd objection to defendant's Motion to Suppress. State's motion for Leave of Court to subpoena Duces Tecum 3rd party records filed. State files verified request to prohibit public access to a court record. Motion for all future pleadings & filings to be sealed for the Court's review before being released to the public filed by State. State's 2nd Objection to Defendant's Motion to Suppress. On Tuesday, prosecutors also submitted subpoenas for Allen’s medical & mental health records from the Westville Correctional Facility, where he has been housed since November 2022. Prosecutors said Allen has displayed erratic behavior, including “wetting down paperwork he had gotten from his attorneys & eating it,” refusing to eat & sleep, and ceasing to make any phone calls. Prosecutors also said Allen, who had previously made up to two phone calls a day, has not made any calls since April 3, 2023.
10/2/23 Update: Supplemental Motion for Franks Hearing filed by Allen. 10/3/23 Update: Defendant's additional Franks Notice Motion filed. Defense asks for a 11/1/23 deadline for State’s Discovery.
10/10/23: Motion to Quash Filed. Motion to Quash Subpoena filed by Allen. State’s response to Motion for Discovery filed. State’s response to Defense’s verified Motion for immediate transfer. (see post #805 page 41, thread 167).
10/10/23 Update: Defense attorneys are asking the Court to deny the prosecution access to their client's mental health & medical records. In September, Carroll County Prosecutor Nick McLeland subpoenaed Allen’s health records from his time in captivity. The subpoena sought the results of examinations & evaluations that Allen has undergone at Westville Correctional Facility since Nov. 3, 2022… Allen’s attorneys wrote that they had not filed an insanity defense, nor have they requested a competency evaluation of Allen, meaning his “mental state is not at issue in the guilt/innocence phase of this proceeding.” The attorneys also wrote that the “requested information is not likely to lead to the discovery of admissible evidence”.
10/9/23 Update: The state believes it has turned over everything in their possession & has no objection to a discovery deadline. The state said the defense’s theory that the state is intentionally withholding evidence because it is exculpatory is not true. The prosecutor also claims the defense team hasn’t turned over any pieces of evidence from their investigation. According to the prosecutor, when the state filed charges against Allen, the discovery was not in a format that could easily be provided to the defense, which the prosecutor clarified as all the paper documents had to be copied & scanned, and all the external hard drives & reports from law enforcement had to be collected. The state is asking the court to require the defense team to turn over any evidence they get & not dump all the evidence on the state on 11/1/23 at 11:59pm.
10/10/23 Update: Order Issued: The Court having reviewed Defendant Allen's Motion for Discovery Deadline, the Court now orders the following: without objection by the State. The State of Indiana must produce all Discovery to defense counsel on or before 11/1/23 by Judge Frances Gull.
10/12/23 Update: Order Issued: On the Courts motion, this cause is ordered set for status hearing on 10/19/23 @ 1pm. Counsel ordered to arrange their scheduled to appear. The purpose of the hearing is to discuss the up coming hearing on 10/31/23 & other matters which have recently arisen. Court will prepare a transport order to have defendant appear.
10/17/23 Update: “The attorney’s former employee had left Andrew Baldwin’s practice a few years ago & never worked on the Allen case. However, that person took pictures of the documents with a phone & then gave the images to another person, who then sent them out.” Judge Francis Gull, the administrative judge of Allen Superior Court’s Criminal Division who was assigned as a special judge to the Allen case, has ordered both sides into her courtroom in Fort Wayne on Thursday, 10/19/23. Gull’s order, issued last week, says that the hearing will address “other matters which have recently arisen.”
10/17/23 Update: Order Issued. The Court has received multiple requests for various legitimate media outlets to record the Court proceedings to be conducted on October 19, 2023, at 2:00 p.m. (These requests are filed in the case with this Order). The Court has determined that allowing recording of the October 19, 2023, hearing is permitted provided that the means of recording will not distract the participants or impair the dignity of the proceedings, and the hearing itself is a non-confidential proceeding. The Court, therefore, authorizes the recording & broadcasting of the hearing set for October 19, 2023. The Court WILL NOT permit photographing or digital streaming of the proceedings. All news media will be required to wear/display identification & to wear appropriate attire. One or two cameras will be authorized for pool coverage of the hearing. Members of the general public are prohibited from broadcasting, recording, or photographing this proceeding. The Court will prohibit media broadcast during this hearing of attorney-client communications, bench conferences & materials on counsel tables & the Court's bench. The Court has the sole discretion to interrupt or stop the coverage, or to limit or terminate the recording & broadcast by a news media organization at any time during the proceeding. The Court requests the media to become familiar with I.C. 34-46-4-1 & the Code of Judicial Conduct, Rule 2.17. Judicial Officer: Gull, Frances.
Click to expand...
Thanks Niner

"10/17/23 Update: “The attorney’s former employee had left Andrew Baldwin’s practice a few years ago & never worked on the Allen case. However, that person took pictures of the documents with a phone & then gave the images to another person, who then sent them out.”

I don't see how it's possible for a person who worked in the defense office more than one year ago to have taken pics of discovery from, at the earliest, given to the defense a year ago?
 
Salah11 said:
So are his lawyers just incompetent or is this all part of the RA clown show.


I hope RA just pleads guilty at this stage and gives the family some light at the end of this tunnel.
Click to expand...

Is it a death penalty case?

I doubt a judge would let him do that. I agree it is the right thing to do. Maybe he can plead guilty to remove the DP?

What a bizarre development - but you guys here on this thread have certainly followed it closely enough for us all to sense why this happened.

It would appear that his lawyers have a hard time remaining lawyerly.
 
arielilane said:
BREAKING: The Delphi murders suspect, Richard Allen, is now without legal representation. Today's hearing lasted only three minutes. Both of his attorneys withdrew from the case. The next court date is set for October 31.

https://twitter.com/x/status/1715075739001733467
Click to expand...
Since the attorneys were appointed by the court, can they just withdraw? Will there be sanctions to them for quitting?
 
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