Prison Confessions & Mental Decline - What Was Discussed...

Source: Donnie Burgess / WIBC News

**NOTE** Testimony continued into the evening and news media is not allowed to publish live updates from the courthouse, therefore some information may be updated by Thursday.

CARROLL COUNTY, Ind. — The credibility of confessions was the question for Wednesday’s court hearing in the Delphi murders case.

The two motions up for argument Wednesday were the defense’s motions to suppress suspect Richard Allen’s prison statements and statements made to Indiana State Police prior to his arrest. Both situations had a level of coercion, argue attorneys Andrew Baldwin and Brad Rozzi.

Allen’s lawyers say the stress and harsh treatment in state prison, by staff and inmates alike, contributed to Allen’s mental decline. They blame that decline for Allen apparently admitting to killing Abigail Williams and Liberty German 61 different times within a few months at Westville. Allen was eventually transferred out of that facility.

Carroll County Prosecutor Nick McLeland argues there’s no proof anyone forced Richard Allen to confess and that he did so on his own.

Wednesday’s hearing was expected to be a short day, but testimony lasted well into the afternoon with apparent testimony that Richard Allen made an attempt on his own life, was tased by deputies twice for “not cooperating”, and did display a mental and physical decline.

“Under advisement” was the theme for Tuesday’s hearing in which both sides argued over three motions. Here’s the breakdown from media gathered at the Carroll County Courthouse:

Motion to Vacate Safekeeping Order

Defense wants Allen moved to Cass County Jail. The county sheriff says it’s fine and Carroll County’s sheriff agreed but stated Allen can’t go to Carroll County because he would have to be mixed in with general population. Special Judge Fran Gull took it under advisement.

Motion to Compel & Motion for Sanctions

Defense says the prosecution has sent them 26TB of data that is completely disorganized and makes preparing files “like finding a needle in a haystack.” Defense says this is a purposeful and distracting act, but the prosecution says it’s all false and they’ve made everything easy for the defense. Judge Gull also takes it under advisement.

Request to Dismiss Case

Defense once again says the prosecution ignored legitimate investigative efforts into Odinism and two suspects dating back to 2017. Defense says geo-tracking data and other information point to other suspects, not Allen, but the prosecution says it’s all “unfounded allegations and distorted and misinterpreted facts.” Defense also points to lost evidence, which the prosecution has admitted did happen, but says it wasn’t done in bad faith. The judge takes it under advisement.

Thursday’s hearing is supposed to center on issues like what evidence will be allowed at trial, which in theory would be third-party suspects and Odinism. The trial is supposed to begin October 14th.