The upcoming trial of Richard Allen, accused in the 2017 murders of Abby Williams and Libby German in Delphi, Indiana, faces a potential delay following a recent appeal by Allen's defense team to the Indiana Court of Appeals; they are seeking to overturn a trial court's decision to bar them from presenting certain alternative theories regarding the murders, including an Odinism-related narrative, according to FOX59.
The defense, comprised of Andrew Baldwin and Bradley Rozzi, filed the appeal in response to Special Judge Fran Gull's ruling on September 4, which supported the state’s motion in Limine to exclude their alternate theories from the trial. Such a ruling was seen as a significant win for Carroll County Prosecutor Nick McLeland, who argued that the defense's theories were unfounded, and Allen's defense contends that the decision violates Allen's constitutional rights to present a defense and have a fair trial, with this appeal potentially putting the October 14 trial start date in question as referenced in reporting by WTHR.
Judge Gull stated, "The case law is quite clear that the nexus must not be based on speculation, conjecture, rumors, or hearsay, but rather on admissible evidence." Her written order reflects this principle, part of the court's effort to uphold justice in this emotionally charged trial, with details provided by WIBC.
The defense argues that their client’s 6th Amendment rights are being violated by the exclusion of certain evidence. They also claim Allen’s confessions were made under duress due to solitary confinement, raising concerns about fair treatment and due process. They warn that if the trial is flawed due to the judge's decisions, it could lead to a costly second trial, an issue discussed in filings obtained by FOX59.
The timeline for the Appeals Court to respond to the defense's appeal is unclear, but its decision could greatly affect Allen's case, where he faces four murder charges related to the deaths of the Delphi girls.