Source: Donnie Burgess / WIBC News
DELPHI, Ind. — The legal team for the Delphi murders suspect filed another motion Tuesday, and they came out swinging against the prosecution.
In an 18-page motion filed Tuesday, attorneys Andrew Baldwin and Brad Rozzi detail dozens of examples of what they claim is a purposeful effort by the State of Indiana, specifically Carroll County Prosecutor Nick McLeland, to either withhold crucial discovery evidence or make the lawyers jump through hoop after hoop to get their hands on said evidence.
They have requested the State of Indiana turn over every single piece of existing discovery evidence and sanction Prosecutor McLeland for what they claim have been his failings to do his due diligence as a representative of the state.
What did Richard Allen’s lawyers have to say?
Allen’s attorneys essentially claim Prosecutor McLeland has broken several local rules on turning over discovery, some of which the defense claims could have had a severe impact on their ability to proven Richard Allen’s innocence. Included in the motion, which you can read in its entirety here, is the claim that Geo tracking cell phone evidence was collected and produced into a map by someone involved in the State’s investigation. This map details the movements of several phones in and around the crime scene during the time frame in which Abigail Williams and Liberty German were being murdered on February 13th, 2017. The data, the defense claims, would prove that Richard Allen was not within 60 to 100 yards of the bodies during the murder time frame laid out by Prosecutor McLeland back in 2022.
Allen’s lawyers also revisit their claim that several interviews, conducted by local police until February 20th, 2017, have since been lost with no explanation. These interviews, the lawyers claim, would again offer credibility to the theory that Richard Allen was not involved in the murders of Abigail Williams and Liberty German.
Speaking of interviews, Allen’s lawyers then detail a series of events in which they accuse Prosecutor McLeland of withholding information about men believed to be involved with Odinism, and only handed that information over to the defense (months late), when McLeland learned the defense would pursue the Odinism investigation.
Back to Odinism
In the 18-page filing, attorneys Baldwin and Rozzi name several men believed to be involved with Odinism, and previously named as potential suspects, of whom investigators had interviewed and then lost said interviews. Then, there’s Sergeant Jerry Holeman of Indiana State Police. The defense claims Sgt. Holeman and Prosecutor McLeland have not been truthful in regard to a series of interviews with a Purdue University professor. This professor, named in the motion, apparently made statements offering credence to the idea that Abby and Libby were killed in a Germanic ritual. However, the defense claims, Sgt. Holeman had manipulated the professor’s answers, and again, all of this information was not provided to Richard Allen’s lawyers in a timely manner.
The key to many of these timing complaints made by the defense is their assertion that they are at the mercy of the State when it comes to getting their hands on discovery evidence. Allen’s lawyers say they don’t have to ask for specific evidence, but every step of the way, they’ve been forced to do so, and in some cases, that evidence either shows up late or never shows up at all.
What else?
As stated previously, the defense wants every scrap of discovery evidence delivered to them no later than March 18th, which happens to be the next significant court hearing in the case. It’s this hearing that Prosecutor McLeland wanted to pursue contempt of court charges against Andrew Baldwin and Brad Rozzi, even though their “contempt-worthy” actions happened long ago, and some of which occurred before the gag order was put in place.
Prosecutor Nick McLeland, and possibly the Carroll County court staff, have some explaining to do, after it was recently revealed that McLeland has been reading private Ex Parte motions filed by the defense. It’s unclear how McLeland will argue contempt on one side and defend himself against this mistake.
Special Judge Fran Gull, in a surprising move to many, has moved forward with Baldwin and Rozzi’s request for a speedy trial. If all goes smoothly, then Richard Allen will finally face a jury of his peers Monday, May 13th, in Carroll County.
Of course, the March 18th hearing has the potential to force a date adjustment.
