Delphi Murder Suspect's Attorneys Seek Removal of Special Judge Fran Gull
Jan 30, 12:00 PM
Attorneys representing Richard Allen, the suspect in the Delphi murders case, have filed a motion seeking the removal of Special Judge Fran Gull from the proceedings. In a recent legal maneuver, attorneys Andrew Baldwin and Bradley Rozzi argued that Judge Gull should be replaced or should recuse herself from the case.
The motion is the latest development in a series of legal maneuvers surrounding the Delphi murders case. Richard Allen faces charges related to the deaths of Abby Williams and Libby German in February 2017 near the Monon High Bridge in Delphi, Indiana.
Baldwin and Rozzi, who were recently reinstated as Allen's defense team, are now seeking Judge Gull's removal from the case. This move follows Gull's earlier call for their removal, citing a social media leak of evidence as a factor. Although Baldwin and Rozzi initially resigned, they later contended that they did so under pressure. Subsequently, two new attorneys were appointed to represent Allen.
The reinstatement of Baldwin and Rozzi involved a legal battle that reached the Indiana Supreme Court. While the highest court in the state reinstated the defense attorneys, they also denied a motion to remove Judge Gull from the case.
In their latest motion seeking Judge Gull's removal, Baldwin and Rozzi, on behalf of their client Richard Allen, questioned Gull's impartiality and her ability to oversee the case without bias. They expressed concerns that Gull's previous actions had affected their attorney-client relationship.
The motion argued that Gull's recusal would help eliminate any perception of impropriety in the case. It questioned whether Gull, having previously removed the defense attorneys, could make rulings without raising doubts about her impartiality.
During the course of the proceedings, Gull had accused Rozzi and Baldwin of acting negligently and with incompetence in their defense of Allen, alleging violations of the Rules of Professional Conduct. She also expressed "grave concerns" about their ability to represent him. The defense attorneys contended that Gull's actions had violated Allen's constitutional right to due process.
In a 22-page affidavit accompanying the motion, Richard Allen accused Judge Gull of misleading the public during the October 19 proceedings when she announced the attorneys' withdrawal from the case. He also claimed that Gull had interfered with his right to a speedy trial.
The affidavit further alleged that Gull had treated the prosecution more favorably than the defense. Allen accused Gull of allowing the prosecution to withhold potentially exculpatory evidence for months, while she had criticized the defense attorneys for their actions.
The motion argued that Judge Gull had interfered with Allen's right to a speedy trial by preventing him from having counsel of his choosing, resulting in trial delays. Additionally, Allen claimed that his confinement at Westville Correctional Facility since his arrest in October 2022 had led to both mental and physical deterioration.
Furthermore, the affidavit asserted that Judge Gull had shielded certain defense documents and records from public view, violating administrative rules from the Indiana Supreme Court and compromising public access.
The motion ultimately called for Judge Gull's removal or recusal from the case, citing concerns about her impartiality and her impact on the attorney-client relationship. It remains to be seen how this latest development will affect the ongoing legal proceedings in the Delphi murders case.
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The motion is the latest development in a series of legal maneuvers surrounding the Delphi murders case. Richard Allen faces charges related to the deaths of Abby Williams and Libby German in February 2017 near the Monon High Bridge in Delphi, Indiana.
Baldwin and Rozzi, who were recently reinstated as Allen's defense team, are now seeking Judge Gull's removal from the case. This move follows Gull's earlier call for their removal, citing a social media leak of evidence as a factor. Although Baldwin and Rozzi initially resigned, they later contended that they did so under pressure. Subsequently, two new attorneys were appointed to represent Allen.
The reinstatement of Baldwin and Rozzi involved a legal battle that reached the Indiana Supreme Court. While the highest court in the state reinstated the defense attorneys, they also denied a motion to remove Judge Gull from the case.
In their latest motion seeking Judge Gull's removal, Baldwin and Rozzi, on behalf of their client Richard Allen, questioned Gull's impartiality and her ability to oversee the case without bias. They expressed concerns that Gull's previous actions had affected their attorney-client relationship.
The motion argued that Gull's recusal would help eliminate any perception of impropriety in the case. It questioned whether Gull, having previously removed the defense attorneys, could make rulings without raising doubts about her impartiality.
During the course of the proceedings, Gull had accused Rozzi and Baldwin of acting negligently and with incompetence in their defense of Allen, alleging violations of the Rules of Professional Conduct. She also expressed "grave concerns" about their ability to represent him. The defense attorneys contended that Gull's actions had violated Allen's constitutional right to due process.
In a 22-page affidavit accompanying the motion, Richard Allen accused Judge Gull of misleading the public during the October 19 proceedings when she announced the attorneys' withdrawal from the case. He also claimed that Gull had interfered with his right to a speedy trial.
The affidavit further alleged that Gull had treated the prosecution more favorably than the defense. Allen accused Gull of allowing the prosecution to withhold potentially exculpatory evidence for months, while she had criticized the defense attorneys for their actions.
The motion argued that Judge Gull had interfered with Allen's right to a speedy trial by preventing him from having counsel of his choosing, resulting in trial delays. Additionally, Allen claimed that his confinement at Westville Correctional Facility since his arrest in October 2022 had led to both mental and physical deterioration.
Furthermore, the affidavit asserted that Judge Gull had shielded certain defense documents and records from public view, violating administrative rules from the Indiana Supreme Court and compromising public access.
The motion ultimately called for Judge Gull's removal or recusal from the case, citing concerns about her impartiality and her impact on the attorney-client relationship. It remains to be seen how this latest development will affect the ongoing legal proceedings in the Delphi murders case.
Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj
Follow Our Other Cases: https://www.truecrimetodaypod.com
The latest on Catching the Long Island Serial Killer, Awaiting Admission: BTK’s Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com