CARROLL COUNTY, Ind. – The Delphi murders case has seen its share of delays—and the state objects to the potential for another one.
Richard Allen is charged with four counts of murder in 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.
This week, defense attorneys for Allen signaled their plans for an interlocutory appeal of a ruling from Special Judge Fran Gull.
Gull ruled last week that the defense could not mention its alternative murder theory—that the girls were killed in ritualistic fashion—during the proceedings. The order, which granted most of the state’s Motion in Limine, prohibited them from mentioning third-party suspects.
Allen’s lawyers said the decision “gutted” their defense strategy and asked for Gull’s certification so they could take the case to an appeals court. They argued the ruling violated Allen’s constitutional rights.
The defense suffered a previous setback in late August, when Gull ruled that reported confessions Allen made while in captivity were admissible in court and denied a defense motion to suppress those statements.
In his objection to the defense’s call for an appeal, Carroll County Prosecutor Nick McLeland argued the defense had its chance during hearings to present, in court, substantial evidence showing third parties were involved in the girls’ deaths.
The defense was unable to do so, he argued, leading to Gull’s ruling in the prosecution’s favor. He also argued that Gull’s rulings “in no way involve a substantial question of law” but instead concern “questions of fact” that should be determined at the trial level.
While the timeline for an interlocutory appeal is unclear, it would almost certainly delay the planned Oct. 14 start date for Allen’s trial.
The state noted an appeal would push back the proceedings yet again and prove “burdensome” to the state, the victims’ families and the county’s finances. In addition, McLeland wrote that there was a “high unlikelihood” of a different outcome on appeal.
“Therefore, the burden on the State, the families of the victims and the county of continuing a long, complex trial so close to the start date is greatly outweighed by the limited chance of a different outcome in an interlocutory appeal,” McLeland wrote.
If Allen’s trial proceeds in October, it would begin with jury selection in Allen County, with jurors being transported to Carroll County for trial proceedings.
