
The defense attorneys for Richard Allen, the man accused of the 2017 Delphi murders, are pushing for a new special judge to be assigned to their client's case. They have filed a motion with the Indiana Supreme Court, citing delays by Special Judge Fran Gull in ruling on important defense motions, as reported by WIBC.
Specifically, Allen's lawyers, Andrew Baldwin and Brad Rozzi, allege that it has been 119 days since they filed their Third Franks motion and 72 days since the Fourth Franks motion without a decision, which they claim is a violation of Indiana trial rule. A statement made on May 7, by Judge Gull indicated a ruling would be coming, but 64 days have passed without resolution. These motions seek to dismiss the warrant used to search Allen's home on the grounds that the judge originally signing the warrant would not have done so if presented with the evidence now put forth in the Franks motions, which touches on topics ranging from human sacrifices to Odinism and alternate suspect theories.
In an escalation of the tensions within the courtroom, the defense team's previous altercations with Judge Gull are noteworthy. The Indiana Supreme Court had to reinstate Baldwin and Rozzi after Judge Gull disqualified them, labeling them as "grossly negligent and incompetent". The high court found that proper procedures were not followed by Judge Gull in that decision. Further accusations fly as the defense since labeled Gull with the same critique of negligence and incompetence and have requested her removal from the case a request she declined, as detailed by WTHR.
Looking ahead, the trial for Richard Allen is scheduled to commence on October 14, stretching until November 15. Hearings to debate what evidence will be permissible at trial and whether Allen should be moved out of state prison are expected to occur from July 30th to August 1st. The defense hopes that an intervention by a the State Supreme Court to assign a new special judge will alleviate their concerns over trial proceedings, as echoed by additional coverage by WOWO.