Delphi murder trial delayed after Richard Allen's defense says trial window too small
FORT WAYNE, Ind. — A jury trial for the man accused in the 2017 Delphi murder case has been pushed back to October due to concerns from the defense team that they would not have adequate time to present their case.
The new trial dates for Richard Allen were set during a hearing in Allen County on Tuesday morning that was filled with contention between the presiding judge and the man’s defense attorneys.
“You don’t know anything about this case,” defense attorney Bradley Rozzi said to Special Judge Frances Gull.
The court has not held any substantial hearings on witnesses expected to testify or evidence expected to be presented at trial, which means the judge may not have a grasp on how much time is needed, the defense attorney argued.
Allen’s trial had been set to begin next week with jury selection in Allen County. The 51-year-old, who worked and lived in the Delphi area, is charged in the killings of two teen girls.
Abigail "Abby" Williams, 13, and Liberty "Libby" German, 14, were in eighth grade when they went for a walk on the Delphi Historic Trails on the afternoon of Feb. 13, 2017. The girls never returned to a prearranged pickup spot, and searchers found their bodies the next day in a wooded area not far from the Monon High Bridge.
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Five and half years later, in October 2022, Allen was arrested in their deaths. Investigators have alleged an unfired bullet at the crime scene was ejected from Allen's semiautomatic pistol.
The man’s defense attorneys have alleged that a group of Odinists killed Abby and Libby during a sacrificial ritual in the woods and that Allen has no ties to the group. Allen's defense team has said in court filings that detectives overlooked other clues and potential suspects as the investigation focused on Allen.
Allen entered the courtroom Tuesday, flanked by three sheriff’s deputies, walking gingerly and in an orange jumpsuit and handcuffs. Several loved ones of the teen girls sat on the prosecution side of the courtroom.
The room was filled with mostly members of the media from across Indiana, with a few members of the public in the gallery. One woman, who said she was a supporter of the victims’ families, arrived outside the courthouse close to four hours before the hearing started.
The killing of the two girls shook the small Indiana city and interest in the case spread around the world as the years stretched on before Allen was arrested. The case has become a popular topic for true crime podcasts, documentaries and social media speculation.
Richard Allen: Prosecutor in Delphi murders case wants Odinism testimony left out of trial
Length of trial becomes focus at Tuesday’s Delphi murder case hearing
Carroll County Prosecutor Nicholas McLeland stated his team was prepared to present its case within the May trial dates that had been set. The prosecution planned to put about 45 witnesses on the stand during the trial.
Rozzi argued the defense team would be “at the mercy of” prosecutors to leave them enough time since the prosecution presents their case first during jury trials.
The court had already issued the summons to potential jurors with the timeframe for the May trial and booked hotel rooms for them in Carroll County during that timeframe, Gull said. She told the defense team their concerns over the length of trial should have been brought up sooner and said it wasn't her job to "micromanage attorneys."
After a brief recess, Gull listed several high-profile murder cases she has presided over that took place within the timeframe she had set for Allen’s trial. Then the defense team submitted a motion to disqualify Gull as a judge in Allen’s case.
Judge Frances Gull: What to know about the judge in the Delphi murder trial
The judge asked defense attorneys to electronically file the motion. Arguments on that motion were not heard at Tuesday’s hearing. The defense team has filed similar motions in the past, including one that asked the judge to recuse herself from the case.
Afterward, the judge set the new trial dates for Oct. 14 through Nov. 15 of this year.
“If you can’t try this case in a month, something is wrong,” Gull said.
The next hearing on a motion each from the prosecution and defense will be May 21 through May 23 in Carroll County.
In their motion, prosecutors are asking the judge to prevent testimony about Odinism, cult or ritualistic killing and other pieces of evidence from being presented to the jury, arguing they're irrelevant, unfounded and misleading.
The defense motion is to suppress anything Allen said on Oct. 26, 2022, during an interview with Indiana State Police Lt. Jerry Holeman, who they say did not tell Allen he was free to go instead of staying to be interrogated.
Contact Jake Allen at [email protected]. Follow him on Twitter @Jake_Allen19.
IndyStar reporter Kristine Phillips and Lafayette Journal & Courier reporter Ron Wilkins contributed to this article.
This article originally appeared on Indianapolis Star: Delphi trial delayed: Richard Allen's defense says trial window too small