Delphi Murder Suspect Seeks Dismissal Over Erased Evidence, Judge Denies Disqualification

Feb 09, 11:00 AM

In a significant development in the Delphi murder case, Richard Allen, a suspect in the killings of Abby Williams and Libby German, is pushing for the dismissal of charges, citing the erasure of critical video and audio recordings. Allen's attorneys filed a motion on Wednesday, raising concerns about the destruction of evidence and alleging negligence or intentional conduct by the state.

The motion revolves around the disappearance of video and audio interviews with two suspected Odinists, who Allen's attorneys believe could be linked to the girls' murders. According to court documents, the recordings of these interviews, conducted in the initial week of the investigation following the February 2017 killings, were not included in the evidence provided to the defense.

"This failure to disclose on the part of the Prosecutor, if not entirely intentional, rises to the level of an untimely failure of disclosure of potentially exculpatory evidence," Allen's attorneys stated in their motion, expressing concerns about the impact on Allen's defense.

Special Judge Frances Gull, overseeing the case, denied Allen's request for her disqualification, referencing a prior decision by the Indiana Supreme Court. Meanwhile, the defense contends that the erasure of key suspect interviews and delayed disclosure of evidence hinder their ability to establish Allen's innocence.

The motion to dismiss highlights a broader controversy surrounding the handling of evidence in the case, with Allen's attorneys asserting that the destruction of material interviews demonstrates negligence or misconduct on the part of the state.

As the legal battle continues, Judge Gull is yet to rule on the defense motions to reschedule the upcoming hearing, where arguments will be presented regarding additional charges against Allen and potential contempt of court actions against his attorneys. The hearing is scheduled for Monday, to be held in Fort Wayne, under Judge Gull's jurisdiction as a presiding superior court judge.

The Delphi murder case has captured national attention, prompting scrutiny over the handling of evidence and procedural matters as the pursuit of justice for Abby Williams and Libby German continues.
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