Source: WISHTV / WISHTV
CARROLL COUNTY, Ind. — Attorneys for the man accused in the Delphi killings filed a motion Monday to suppress Richard Allen’s second statement to police.
Richard Allen is charged for the murders of 13-year-old Abigail “Abby” Williams and 14-year-old Liberty “Libby” German.
According to Allen, there were issues with the second interrogation conducted by Indiana State Police investigator Jerry Holeman.
The defense has accused Holeman of creating a ruse in order to get Allen to the State Police Post in West Lafayette in order to interrogate and arrest Allen.
One of Allen’s vehicles was seized by the State Police in October of 2022, and Allen and his wife called the State Police to inquire as to when they could get the vehicle back. Allen and his attorneys allege the State Police arranged a meeting to pick up the vehicle, and in turn used the meeting as an additional interrogation and used it to facilitate his arrest. The car was never returned to Allen or his wife.
Instead of returning the vehicle, Jerry Holeman said he wanted to clear up a few things with Allen and requested Allen to follow him to the interrogation room without his wife.
Allen’s attorneys say this interrogation was videotaped, but that the first portion of the video was missing, including any reading of Miranda rights, and confirming that the suspect is free to leave, if the suspect is indeed free to leave.
The defense claims that Allen was never read his Miranda rights and that he was placed in a “tiny, confined room without windows,” with the door shut.
ALLEN CLAIMS STATE POLICE CONDUCTED UNCONSTITUTIONAL INTERROGATION.
During the interrogation, Allen says that Jerry Holeman said things like “sit tight” and “hang on one second”, leading Allen to believe he was not free to leave.
Allen’s attorneys claim that during this interrogation, Holeman became abusive and lied about evidence the state had.
According to the motion, Holeman told Allen “We have experts that say that’s you on the bridge and
that’s your voice on the video,” “Experts are saying that’s you on the video” and “Experts are
saying you said “Down the Hill.”
The defense also said Holeman told Allen that witnesses saw a gun in his pocket and “I’m not lying to you
about anything. Everything I’m telling you is fact. The experts say you said ‘go down the hill’.”
Allen says Holeman became more aggressive, used profanity and ‘barked’ at Allen, saying “the prosecutor and the other investigators…they want to see you…lock you up and throwaway the key,” “If you don’t tell me, you’re going down for this.”
Allen’s attorneys allege that Holeman conducted an accusatory interrogation instead of an exploratory interrogation, as the prosecution claimed.
ALLEN’S ATTORNEYS CLAIM STATE POLICE CONDUCTED ABUSIVE INTERROGATION.
Richard Allen claims the following exchanges took place in the October 2022 interrogation:
Jerry Holeman: You’re going to drag your (expletive) wife and your daughter through this because you’re too (expletive) bullheaded to get out in front of this and admit you made a mistake. And whatever the
(expletive) happened out there we’ll never (expletive) know because you’re too big of a (expletive) (inaudible). The evidence clearly indicates you are involved in this.
Rick Allen: No.
Jerry Holeman: It (expletive) does.
Rick Allen: It doesn’t. I’m telling you that there is no way that a bullet from my gun was
used in these murders.
Jerry Holeman: And I’m telling you that we had this (expletive) round on February 14, 2017, and it’s been secured in a (expletive) laboratory, and we’ve tested other guns…
Rick Allen: You could have taken it from somewhere else then, because it’s not
possible.
Jerry Holeman: I did not take it from somewhere else. It was logged in. It was taken. It was photographed. You think we (expletive) took a round and threw it down by the dead girl’s foot? This ain’t (expletive) TV.
This is realistic.
Rick Allen: I’m telling you I can’t explain something that…
Jerry Holeman: And I’m telling you that (expletive) analysts explain it. You can’t get past
this.
Jerry Holeman: I’m not on video
Rick Allen: Neither am I.
Jerry Holeman: Four or five witnesses didn’t see me out there.
Rick Allen: Me either.
Jerry Holeman: My round out of my gun wasn’t 6 inches away from a dead girl.
Rick Allen: Mine neither.
Jerry Holeman: I don’t think you’re a bad person.
Rick Allen: What kind of good person kills two people?
Rick Allen: You’re gonna pay for what you’ve done to my wife. You want to (expletive) with me,
(expletive) with me but you leave my wife out of this. (Expletive.) Leave me out of this.
Jerry Holeman: No. You’re involved in this. Your (expletive) round is there Rick.
Rick Allen: No. It’s not.
Jerry Holeman: You’re guilty of something. You’re guilty and I know it.
ALLEN SAYS HE WAS ARRESTED AFTER THESE INTERROGATIONS.
Allen’s attorneys say he was handcuffed and arrested hours later and are requesting that the court suppress all statements made by Allen in the interrogation on Oct. 26, 2022 and find that Holeman and the State Police violated his constitutional rights.
Richard Allen’s trial is set to begin on May 13, 2024 in Carroll County, Ind.
