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Delphi Murders - Allen Case - Court Records

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Filed

Ordered by date shown on document (YYYY-MM-DD)

October 2022

2022-10-27 - PROBABLE CAUSE AFFIDAVIT
[Improved OCR Text Version]
HTML version with links added
I, the undersigned affiant, submit the following information pursuant to I.C. 35-33-7-2 as a sworn affidavit setting forth the facts and circumstances known to law enforcement of Carroll County as the basis for probable cause to arrest without a warrant or to establish probable cause for issuance of an arrest warrant for the above named defendant.

That the facts and circumstances described below would be sufficient basis for a person of reasonable caution and prudence to believe that the accused has committed or attempted to commit the offense(s) described and that if arrested without a warrant, such would be authorized under I.C. 35-33-1-1. That the hearsay statements of witnesses contained herein are considered reliable and credible due to the witness's personal knowledge and/or are corroborated by the totality of the circumstances.

That on February 14th, 2017 Victim 1 and Victim 2 were found deceased in the woods approximately 0.2 miles northeast of the Monon High Bridge in Carroll County. Their bodies were located on the north side of the Deer Creek.

At the time, the Monon High Bridge Trail was an approximately 1 mile gravel trail terminating at the Monon High Bridge. The Monon High Bridge is an abandoned railroad trestle approximately 0.25 miles long spanning the Deer Creek and Deer Creek valley on the southeast end of the trail. Approximately 0.7 miles northwest on the trail from the northwestern edge of the Monon High Bridge is the Freedom Bridge, which is a pedestrian bridge spanning State Road 25. Approximately 350 feet west of Freedom Bridge was a former railroad overpass over Old State Road 25 (also known as County Road 300 North). The trail terminates just west of the former railroad overpass. The majority of the trail is in a wooded area with a steep embankment on the south side of the trail. The entirety of the trail and the location of the girls bodies were and are located in Carroll County, Indiana.

Through interviews, reviews of electronic records, and review of video at the Hoosier Harvestore, investigators believe Victim 1 and Victim 2 were dropped off across from the Mears Farm at 1:49 p.m. on February 13th, 2017 by ______. The Mears farm is located on the north side of County Road 300 North near an entrance to the trails. A video from Victim 2's phone shows that at 2:13 p.m. Victim 1 and Victim 2 encountered a male subject on the southeast portion of the Monon High Bridge. The male ordered the girls "Guys, Down the hill". No witnesses saw them after this time. No outgoing communications were found on Victim 2's phone after this time. Their bodies were discovered on February 14th, 2017.

The video recovered from Victim 2's phone shows

  • Victim 1 walking southeast on the Monon High Bridge while a male subject wearing a dark jacket and jeans walks behind her.
  • As the male subject approaches Victim 1 and Victim 2, one of the victims mentions, "gun".
  • Near the end of the video a male is seen and heard telling the girls, "Guys, Down the hill."
  • The girls then begin to proceed down the hill and the video ends.
A still photograph taken from the video and the "Guys, Down the hill" audio was subsequent released to the public to assist investigators in identifying the male.

Victim 1 and Victim 2's deaths were ruled as homicides. Clothes were found in the Deer Creek belonging to Victim 1 and Victim 2, south of where their bodies were located. There was also a .40 caliber unspent round less than two feet away from Victim 2's body, between Victim 1 and Victim 2's bodies. The round was unspent and had extraction marks on it.

Interviews were conducted with 3 juveniles ______, ______ and ______. They advised they were on the Monon High Bridge Trail on February 13th, 2017. They advised they were walking on the trail toward Freedom Bridge to go home when they encountered a male walking from Freedom Bridge toward the Monon High Bridge.

  • ______ described the male as "kind of creepy" and advised he was wearing "like blue Jeans a like really light bluejacket and he his hair was gray maybe a little brown and he did not really show his face." She advised the Jacket was a duck canvas type Jacket.
  • ______ advised she said "Hi" to the male but he just glared at them. She recalled him being in all black and had something covering his mouth. She described him as "not very tall" with a bigger build. She said he was not bigger than 5'10".
  • ______ advised he was wearing a black hoodie, black jeans, and black boots. She stated he had his hands in his pockets.
  • ______ showed investigators photographs she took on her phone while she was on the trail that day. The photographs included a photo of the Monon High Bridge taken at 12:43 p.m., and another one taken at 1:26 p.m. of the bench East of the Freedom Bridge.
  • ______ advised after she took the photo of the bench they started walking back toward Freedom Bridge. She advised that was when they encountered the man who matched the description of the photograph taken from Victim 2's video.
  • ______ described the man she encountered on the trail as wearing a blue or black windbreaker jacket. She advised the jacket had a collar and he had his hood up from the clothing underneath his jacket. She advised he was wearing baggy jeans and was taller than her. She advised her head came up to approximately his shoulder. She advised said "Hi" to the man and that he said nothing back. She stated he was walking with a purpose like he knew where he was going. She stated he had his hands in his pockets and kept his head down. She advised she did not get a good look at his face but believed him to be a white male. The girls advised after encountering the male they continued their walk across Freedom Bridge and the old railroad bridge over Old State Road 25.

Investigators spoke with ______ who advised she was on the trails on February 13th, 2017. Video from the Hoosier Harvestore captured ______ vehicle traveling eastbound at 1:46p.m. toward the entrance across from the Mears farm. ______ advised she saw 4 juvenile females walking on the bridge over Old State Road 25 as she was driving underneath on her way to park. ______ advised there were no other cars parked across from the Mears farm when she parked. She advised she walked to the Monon High Bridge and observed a male matching the one from Victim 2's video. She described the male she saw as a white male, wearing blue jeans and a blue jean jacket. She advised he was standing on the first platform of the Monon High Bridge, approximately 50 feet from her. She advised she turned around at the bridge and continued her walk. She advised approximately halfway between the bridge and the parking area across from Mears farm, she passed two girls walking toward Monon High Bridge. She advised she believed the girls were Victim 1 and Victim 2. Video from the Hoosier Harvestore shows at 1:49 pan. a white car matching ______ vehicle traveling away from the entrance across from the Mears farm. ______ advised she finished her walk and saw no other adults other than the male on the bridge, Her vehicle is seen on Hoosier Harvestore video at 2:14 pan. leaving westbound from the trails. ______ advised when she was leaving she noted a vehicle was parked in an odd manner at the old Child Protective Services building. She said it was not odd for vehicles to be parked there but she noticed it was odd because of the manner it was parked, backed in near the building.

Investigators received a tip from ______ in which he stated he was on his way to Delphi on State Road 25 around 2:10 p.m. on February 13th, 2017, He observed a purple PT Cruiser or a small SUV type vehicle parked on the south side of the old CPS building. He stated it appeared as though it was backed in as to conceal the license plate of the vehicle. ______ ______ both drew diagrams of where they saw the vehicle parked and their diagrams generally matched as to the area the vehicle was parked and the manner in which it was parked. ______ advised he remembered seeing a smaller dark colored car parked at the old CPS building. He described it as possibly being a "smart" car. ______ vehicle is seen leaving at 2:28 p.m. on the Hoosier Harvestore video.

Investigators spoke with ______, who stated that she was traveling East on 300 North on February 13th, 2022 and observed a male subject walking west, on the North side of 300 North, away from the Monon High Bridge. ______ advised that the male subject was wearing a blue colored jacket and blue jeans and was muddy and bloody. She further stated, that it appeared he had gotten into a fight Investigators were able to determine from watching the video from the Hoosier Harvestore ______ that was traveling on CR 300 North at approximately 3:57 p.m.

Through interviews, electronic data, photographs, and video from the Hoosier Harvestore investigators determined that there were other people on the trail that day after 2:13 p.m. Those people were interviewed and none of those individuals encountered the male subject referenced above, witnessed by the juvenile girls, ______ and ______. Further none of those individuals witnessed Victim 1 and Victim 2.

Investigators reviewing prior tips encountered a tip narrative from an officer who interviewed Richard M. Allen in 2017. That narrative stated:

Mr. Allen was on the trail between 1330-1530. He parked at the old Farm Bureau building and walked to the new Freedom Bridge. While at the Freedom Bridge he saw three females. He noted one was taller and had brown or black hair. He did not remember description nor did he speak with them. He walked from the Freedom Bridge to the High Bridge. He did not see anybody, although he stated he was watching a stock ticker on his phone as he walked. He stated there were vehicles parked at the High Bridge trail head, however did not pay attention to them. He did not take any photos or video. His cell phone did not list an IMEI but did have the following:
  • MEID-256 691 463 100 153 495
  • MEIDHEX-9900247025797
Potential follow up information: Who were the three girls walking in the area of Freedom Bridge?
Investigators believe Mr. Alien was referring to the former Child Protective Services building as there was not a Farm Bureau building in the area nor had there been. Investigators believe the females he saw included ______ and ______ due to the time they were leaving the trail, the time he reported getting to the trail, and the descriptions the three females gave.

Investigators discovered Richard Allen owned two vehicles in 2017 - a 2016 black Ford Focus and a 2006 gray Ford 500. Investigators observed a vehicle that resembled Allen's 2016 Ford Focus on the Hoosier Harvestore video at 1:27 p.m. traveling westbound on CR 300 North in front of the Hoosier Harvestore, which coincided with his statement that he arrived around 1:30 p.m. at the trails. Investigators note witnesses described the vehicle parked at the former Child Protective Services Building as a PT Cruiser, small SUV, or "Smart" car. Investigators believe those descriptions are similar in native to a 2016 Ford Focus.

On October 13th, 2022 Richard Allen was interviewed again by investigators. He advised he was on the trails on February 13th, 2017. He stated he saw juvenile girls on the trails east of Freedom Bridge and that he went onto the Monon High Bridge. Richard Allen further stated he went out onto the Monon High Bridge to watch the fish. Later in his statement, he said he walked out to the first platform on the bridge. He stated he then walked back, sat on a bench on the trail and then left. He stated he parked his car on the side of an old building. He told investigators that he was wearing blue jeans and a blue or black Carhartt jacket with a hood. He advised he may have been wearing some type of head covering as well. He further claimed he saw no one else except for the juvenile girls he saw east of the Freedom Bridge. He told investigators that he owns firearms and they are at his home.

Richard M. Allen's wife, Kathy Allen, also spoke to investigators. She confirmed that Richard did have guns and knives at the residence. She also stated that Richard still owns a blue Carhartt jacket.

On October 13th, 2022, Investigators executed a search warrant of Richard Allen's residence at 1967 North Whiteman Drive, Delphi, Carroll County, Indiana. Among other items, officers located jackets, boots, knives and firearms, including a Sig Sauer, Model P226, .40 caliber pistol with serial number U 625 627.

Between October 14th, 2022 and October 19th, 2022 the Indiana State Police Laboratory performed an analysis on Allen's Sig Sauer Model P226. The Laboratory performed a physical examination and classification of the firearm, function test, barrel and overall length measurement, test firing, ammunition component characterization, microscopic comparison, and NIBIN. The Laboratory determined the unspent round located within two feet of Victim 2's body had been cycled through Richard M, Allen's Sig Sauer Model P226. The Laboratory remarked:

An identification opinion is reached when the evidence exhibits an agreement of class characteristics and a sufficient agreement of individual marks. Sufficient agreement is related to the significant duplication of random striated/impressed marks as evidenced by the correspondence of a pattern or combination of patterns of surface contours. The interpretation of identification is subjective in nature, and based on relevant scientific research and the reporting examiner's framing and experience.
Investigators then ran the firearm and found that the firearm was purchased by Richard Allen in 2001. Richard Allen voluntarily came to the Indiana State Police post on October 25th, 2022. He spoke with investigators and stated that he never allowed anyone to use or borrow the Sig Sauer Model P226 firearm. When asked about the unspent bullet, he did not have an explanation of why the bullet was found between the bodies of Victim 1 and Victim 2. He again admitted that he was on the trail but denied knowing Victim 1 or Victim 2 and denied any involvement in their murders.

Carroll County Sheriff's Department Detective has been part of the investigation since it started in 2017. He has had an opportunity to review and examine evidence gathered in this investigation. Detective ______, along with other investigators, believe the evidence gathered shows that Richard Allen is the male subject seen on the video from Victim 2's phone who forced the victims down the hill. Further, that the victims were forced down the hill by Richard Allen and lead to the location where they were murdered. Through the statements and photographs of the Juvenile females and the statement of and were at the southeast edge of the trail at 12:43 p.m., east of Freedom Bridge at 1:26 p.m., and walked across the former railroad overpass over Old State Road 25 after 1:26 p.m. and before 1:46 p.m. They walked the entirety of the frail and observed only one person - an adult male, vehicle is seen on Hoosier Harvestore video at 1:46 p.m. and leaving at 2:14 p.m. and she stated she only saw one adult male. ______, and described the male in similar manners, wearing similar clothing, leading investigators to believe all four saw the same male individual.

Investigators believe the male observed by ______, ______ and ______is the same male depicted in the video from Victim 2's phone due to the descriptions of the male by the four females matching the male in the video. Furthermore, Victim 2's video was taken at 2:13p.m., and saw only one male while she was on the trail from approximately 1:46 p.m. to 2:14 p.m. Investigators believe Richard Allen was the male seen by and and the male seen in Victim 2's video. Richard Allen told investigators he was on the trail from 1:30 p.m. to 3:30 p.m. that day. Video from Hoosier Harvestore shows a vehicle that matches the description of Richard Allen's vehicle passing at 1:27 p.m. toward the former CPS budding. The clothing he told investigators he was wearing match the clothing of the male in Victim 2's video and the clothing descriptions provided by ______, ______ and ______. A vehicle matching the description of his 2016 Ford Focus is seen at or around 2:10 p.m., 2:14 p.m., and 2:28 p.m. at the former CPS building. Through his own admissions, Richard Allen walked the trails and eventually hiked to the Monon High Bridge and walked out onto the Monon High Bridge.

A male subject matching Richard Allen's description was not seen on the trail after 2:13 p.m. Investigators identified other individuals on the trails or C.R. 300 North between 2:30p.m. and 4:11 p.m. - None of those individuals saw a male subject matching the description of Richard Allen on the trail. Furthermore, Richard Allen stated that he only saw three girls on the trail, who investigators believe to be ______

Investigators believe Richard Alien was not seen on the trail after 2:13p.m. because he was in the woods with Victim 1 and Victim 2. An unspent .40 caliber round between the bodies of Victim 1 and Victim 2, was forensically determined to have been cycled through Richard Allen's Sig Sauer Model P226. The Sig Sauer Model P226 was found at Richard Allen's residence and he admitted to owning it. Investigators were able to determine that he had owned it since 2001. Richard Allen stated he had not been on that property where the unspent round was found, that he did not know the property owner, and that he had no explanation as to why around cycled through his firearm would be at that location. Furthermore, he stated that he never allowed anyone to use or borrow the Sig Sauer Model P226. Investigators believe that after the victims were murdered, Richard Allen returned to his vehicle by walking down CR 300 North. Investigators believe he was seen by ______ walking back to his vehicle on CR 300 north, with clothes that were muddy and bloody.

______, along with investigators, believe the statements made by the witnesses because the statements corroborate the timeline of the death the two victims, as well as coincide with the admissions made by Richard Allen. Further, the accounts relayed by ______, ______and ______ are similar in nature and time stamps on photographs taken by correspond to the times the juvenile females said they were on the trail and saw male individual.

[Note: These descriptions and times are disputed in the Franks memorandum Part III - Liggett Concealed and Falsified Evidence in his Search Warrant Affidavit ...105, which has no formal rebuttal filed by the state, and a ruling from the judge removing the defense attorneys who filed it, a decision in dispute before the Supreme Court of Indiana.]

November 2022

2022-11-02 - ORDER ACKNOWLEDGING PUBLIC HEARING
Order Acknowledging Public Hearing entered, per form.
2022-11-04 - Order Appointing Special Judge - Frances C. Gull 2022-11-09 Allen - Letter requesting public defender
Correspondence received from Defendant requesting appointment of public defender.
2022-11-18 - COURTHOUSE MANAGEMENT AND DECORUM ORDER FOR HEARING NOVEMBER 22, 2022 AT 9:00 A.M.
2022-11-21 Media - Limited Appearance by Attorneys - Saniel P. Byron, Margaret M. Christenen, Jessica Laurin Meek
Limited Appearance by Attorneys
For Party:INDIANA BROADCASTERS ASSOCIATION
For Party:HOOSIER STATE PRESS ASSOCIATION, INC.
For Party:THE ASSOCIATED PRESS
For Party:CIRCLE CITY BROADCASTING I, LLC
For Party:E.W. SCRIPPS COMPANY
For Party:NEXSTAR MEDIA INC.
For Party:TEGNA INC.
For Party:GANNETT SATELLITE INFORMATION INDIANA NEWSPAPERS, LLC
For Party:AMERICAN BROADCASTING COMPANIES, INC.
For Party:NEUHOFF MEDIA LAFAYETTE, LLC
For Party:WOOF BOOM RADIO LLC
File Stamp:11/21/2022
2022-11-21 Media - MEDIA INTERVENORS' PRE-HEARING BRIEF SEEKING PUBLIC ACCESS TO PROBABLE CAUSE AFFIDAVIT AND CHARGING INFORMATION 2022-11-21 Allen - PETITION TO LET TO BAIL
2022-11-22 State - Motion for gag order
Motion for Order Prohibiting the Parties, Counsel, Law Enforcement Officials, Court Personnel, Coroner, and Family Members from Disseminating Information or Releasing Any Extra-Judicial Statements by Means of Public Communication filed.
2022-11-22 - Record Access taken under advisement, bail hearing set for Feb 17, 2022
Defendant appears in person and with counsel. State by Prosecuting Attorney. Hearing held on State's Verified Request to Prohibit Public Access to a Court Record. Matter taken under advisement. Defendant's Petition to Let to Bail ordered set for hearing in Carroll Circuit Court on February 17, 2023 at 10:00 am. Court to enter transport order. Omnibus date rescheduled to February 17, 2023 at 10:00 am by agreement of counsel
2022-11-22 - Media appearance on gag order noted, taken under advisement follow Nov 22 hearing
Court notes filing of Limited Appearance by Attorneys and a pleading entitled "Media Intervenors' Pre-Hearing Brief Seeking Public Access to Probable Cause Affidavit and Charging Information" on November 21, 2022. Court takes this matter under advisement following the hearing conducted on November 22, 2022.
2022-11-23 State - Appearance by Nicholas C. McLeland + Shane M. Evans 2022-11-23 State - Nicholas C. McLeland press release
The Carroll County Prosewcutor's Office appreciates the Judge hearing our arguments yesterday morning and looks forward to her ruling. As I stated in court yesterday, we strongly beleive the evidence shows Richard Allen was involved in the murder of Libby and Abby. Because the investigation is ongoing and given the intense public interest in this case, we think it would be best if the documents remain sealed. Regardless of the ruling, we believe we have a very solid case against Mr. Allen andf look forward to making our argument in trial.
2022-11-23 Media Intervenors - POST-HEARING BRIEF SEEKING PUBLIC ACCESS TO PROBABLE CAUSE AFFIDAVIT AND CHARGING INFORMATION 2022-11-23 Media - MEDIA INTERVENORS’ MOTION FOR LEAVE TO INTERVENE
2022-11-28 Allen - VERIFIED MOTION FOR CHANGE OF VENUE FROM THE COUNTY 2022-11-28 - Court denies the State's Verified Request to Prohibit Public Access to Court Record, in part.
The Court, having had this matter under advisement following a hearing conducted on November 22, 2022, now denies the State's Verified Request to Prohibit Public Access to a Court Record, in part. The Court further finds that the Media Intervenors' Motion for Leave to Intervene is moot, and therefore, denied. Court orders that the redacted Charging Informations and Affidavit for Probable Cause, submitted by the State at the hearing on November 22, 2022, be filed with the Clerk of the Court with this Order, and further that the Clerk shall not release (without prior Court approval) the original, sealed unredacted Informations and Affidavit

December 2022

2022-12-01 - Court sets hearing on gag order and change of venue for Jan 13, 2023
Court orders the State's Motion for Order Prohibiting the Parties, Counsel, Law Enforcement Officials, Court Personnel, Coroner and Family Members from Disseminating Information or Releasing any Extra-Judicial Statement by Means of Public Communication and the Defendant's Verified Motion for Change of Venue from the County set for hearing January 13, 2023 at 10:00 am in Carroll Circuit Court
[Richard Allen press release (not on the docket but mentioned in the gag order)] 2022-12-02 - Court adopts state's proposed gag order in response to defendant's press release
The Court issues an order granting the State's Motion for Order Prohibiting the Parties, Counsel, Law Enforcement Officials, Court Personnel, Coroner, and Family Members from Disseminating Information or Releasing Any Extra-Judicial Statements by Means of Public Communication in whole, pending hearing which the Court has scheduled for January 13, 2023 at 10:00 am in the Carroll Circuit Court. Violations of this Order are punishable as Contempt of Court and subject the violator to a fine and/or incarceration.
2022-12-30 Allen - SUPPLEMENTAL MOTION FOR DISCOVERY AND REQUEST FOR RULE 404 AND 405 EVIDENCE

January 2023

2023-01-09 - Court sets hearing on defendandant's discovery and investigator requests for Jan 13, 2023
Court orders Defendant's Supplemental Motion for Discovery and Request for Rule 404 and 405 Evidence set for hearing January 13, 2023 at 10:00 a.m. Court further orders Defendant's Ex Parte Motion and Order Authorizing Funding for Fact Investigator set for ex parte hearing January 13, 2023 at 11:00 a.m.
2023-01-10 - COURTHOUSE MANAGEMENT AND DECORUM ORDER FOR HEARING JANUARY 13. 2023 AT 10:00 A.M. 2023-01-13 - Court continues gag order, takes discovery under advisement
Court now grants in whole the State's Motion for Order Prohibiting the Parties, Counsel, Law Enforcement Officials, Court Personnel, Coroner, and Family Members from Disseminating Information or Releasing any Extra-Judicial Statements by Means of Public Communication. Court takes Defendant's Supplemental Motion for Discovery and Request for Rule 404 and 405 Evidence under advisement. Court acknowledges the Defendant's Motion for Change of Venue and agrees a jury could not be obtained in Carroll County. Pursuant to I.C. 35-36-6-11, a jury will be selected from another county and transported to Carroll County for trial. Counsel to notify the Court within a week if they can agree to a specific county.
2023-01-20 - STIPULATION REGARDING DEFENDANTIS VERIFIED MOTION FOR CHANGE OF VENUE FROM THE COUNTY 2023-01-23 State - STATE'S RESPONSE TO SUPPLEMENTAL MOTION FOR DISCOVERY AND REQUEST FOR RULE 404 AND 405 EVIDENCE 2023-01-24 - Court orders jury venire from Allen County, trial in Carroll County
The parties having filed their Stipulation Regarding Defendant's Verified Motion for Change of Venue from the County on January 20, 2023, and the Court having examined same, the Court hereby Orders that the jury venire shall be drawn from Allen County and trial shall be conducted in Carroll County
2023-01-31 State - STATE'S RESPONSE TO DEFENSE'S PETITION TO LET TO BAIL

February 2023

2023-02-07 Allen - DEFENDANT'S MOTION TO CONTINUE BAIL HEARING AND JURY TRIAL SETTING
2023-02-16 - Court will appear remotely at Feb 17 hearing at 1:30
On the Court's Motion, and with the consent of the parties, the hearing scheduled for February 17, 2023 at 10:00 a.m. on Defendant's Petition to Let Bail will be continued and the resetting of the same will be conducted with the attorneys, the Defendant, and the Court appearing remotely February 17, 2023 at 1:30 p.m. Court orders the Transport Order for the Defendant cancelled.
2023-02-16 - To accommodate Department of Corrections, Feb 17 hearing moved from 1:30 to 12:30
2023-02-23 - Court resets bail hearing to June 15, 2023, grants state protective order, restricts public access
Court grants Defendant's Motion to Continue Bail Hearing and resets the hearing to June 15-16, 2023 at 8:30 a.m. in the Carroll Circuit Court. Jury trial also continued to be reset at the bond/omni hearing June 15, 2023.

April 2023

2023-04-05 Allen - EMEGENCY MOTION TO MODIFY SAFEKEEPING ORDER
2023-04-14 - Court orders sheriff to transfer defendant to department of correction facility
On November 3, 2022, the Judge of the Carroll Circuit Court, at the request of the Carroll County Sheriff, entered the following order: "Accordingly, pursuant to Ind. Code 35-33-11-1, the Court ORDERS the Sheriff of Carroll County to transfer Defendant to a facility of the department of correction designated by the commissioner of the department as suitable for the confinement of Defendant and provided that space is available." These types of orders are referred to as "safe keeper" ordered. The Department of Correction has complied with this order. Consistent with that Order and the "safe keeper" statute, the Department of Correction is authorized to move the Defendant within the Department of Correction to accommodate his medical and physical needs pursuant to medical directives by the Department of Correction physicians, psychiatrists or psychologists.
2023-04-14 State - VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD 2023-04-14 State - STATE'S RESPONSE TO DEFENSE'S EMERGENCY MOTION TO MODIFY SAFEKEEPING ORDER
2023-04-20 State - MOTION FOR LEAVE OF COURT TO SUBPEONA THIRD-PARTY RECORDS - Allen mental health records (crime details; prison demeanor, treatment, confessions, "suicide watch")
[Improved OCR Text Version]
Note: This set of four motions appear to be largely copy-and-pastes which can be confusing. Each begins by asking for one type of records and all end by asking for employment records.
2023-04-20 State - MOTION FOR LEAVE OF COURT TO SUBPEONA THIRD-PARTY RECORDS - Allen medical records 2023-04-20 State - MOTION FOR LEAVE OF COURT TO SUBPEONA THIRD-PARTY RECORDS - Allen employment records 2023-04-20 State - MOTION FOR LEAVE OF COURT TO SUBPEONA THIRD-PARTY RECORDS - Allen prison records 2023-04-20 State - VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD 2023-04-20 State - VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD 2023-04-20 State - VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD 2023-04-20 State - VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD 2023-04-20 State - SUBPOENA DUCES TECUM - Westville 2023-04-20 State - SUBPOENA DUCES TECUM - Westville 2023-04-20 State - SUBPOENA DUCES TECUM - CVS 2023-04-20 State - SUBPOENA DUCES TECUM - Westville 2023-04-20 State - SUBPOENA DUCES TECUM - Westville mental health records 2023-04-20 State - SUBPOENA DUCES TECUM - Westville medical records 2023-04-20 State - SUBPOENA DUCES TECUM - CVS employment records 2023-04-20 State - SUBPOENA DUCES TECUM - Westville recordings and records 2023-04-20 State - SUBPOENA DUCES TECUM - CVS employment records 2023-04-20 State - SUBPOENA DUCES TECUM - Westville records
2023-04-28 Baston - Letter (Dated Apr 11, metered Apr 25, filed Apr 28, "Allen is being abused and mistreated")

May 2023

2023-05-25 - Court grants motion to quash subpeona for mental health records
The Court, having had the defendant's Motion to Quash Subpoena under advisement, now grants the Motion to Quash the Subpoena Duces Tecum directed to Westville Correctional Facility relating to defendant's mental health records, mental health evaluations and/or exams, medical documentation and/or medical evaluations. The Motion to Quash the Subpoena Duces Tecum directed to Westville Correctional Facility regarding audio/video recordings, written observations, recordings, phone calls, written requests, or other documentation is denied. The Motion to Quash the Subpoena Duces Tecum directed to CVS Headquarters is denied. The defense Motion to Reconsider and Request for Due Process Hearing ordered set for hearing June 15, 2023, at 10:00 a.m. The hearing currently set on defendant's request for bail is ordered converted to a hearing on defendant's Motion to Suppress.

June 2023

2023-06-03 Allen - VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO COURT RECORD - motions to quash 2023-06-07 Allen - MOTION FOR ORDER ON CONTINUING DISCLOSURE OF DEFENDANT'S MENTAL HEALTH RECORD 2023-06-09 Allen - Subpeona - Robert P. Baston to testify 2023-06-12 - COURTHOUSE MANAGEMENT AND DECORUM ORDER FOR HEARING JUNE 15, 2023 AT 10:00 A.M.
Courthouse will open at 8:00 a.m. All entrances will be closed, except for the handicapped entrance on the north side of the building. he remaining entrances will be locked with no access to the public. All members of the public, including members of the media, are subject to screening by metal detectors. All bags in possession of those entering the building are subject to search. NO weapons of any kind are permitted in the building, except for on-duty law enforcement officers providing security to the Courthouse and the parties. Cellular telephones are permitted in the building, but must be powered OFF and unused at all times while in the building or the Courtrooms. Violations are subject to seizure and destruction of the cellular telephone. No electronic equipment or devices are permitted in the Carroll Circuit Court. Media personnel are permitted to attend the Court session. NO cameras, electronics, lap tops or recording equipment of any kind is permitted on the Second Floor and the Third Floor of the Courthouse nor inside the Circuit Courtroom. All such equipment is limited to the First Floor of the Courthouse. The Court requests the media be mindful that other County offices are conducting business in the building unrelated to this case. Media and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the offices, personnel, and patrons of those offices. The Media are free to use the public areas outside the Courthouse as long as they do not obstruct traffic in the streets and sidewalks surrounding the Courthouse. Seating in the Carroll Circuit Court is limited. The first row of public seats behind the bar separating the well of the courtroom from the public is unavailable for seating. The Sheriff of Carroll County or his designee will ensure that the victim representatives are seated. The remaining seating is available until full. No one, other than Court Security, will be permitted to stand in the Courtroom. All spectators must remain seated until the conclusion of the hearing and the parties have left the Courtroom. No food or beverages are permitted inside the Carroll Circuit Court. Water will be permitted for the parties in the well of the Courtroom. All members of the public and the media are required to follow directives of the Sheriff of Carroll County, Courthouse Security and Courtroom Security. NO court-produced recording will be made available to the public or media. The audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposes other than perpetuating the record. At the conclusion of the scheduled hearing on public pending Motions before the Court, the Court will conduct an ex parte hearing with the Defendant and defense counsel on the Ex Parte Motion. The State of Indiana and the public are excluded from this portion of the hearing and will be asked to leave the Courtroom. Court Security will remain and are ordered to keep that portion of the proceeding confidential. The Court anticipates that all members of the public and the media will conduct themselves in an appropriate fashion. Any violation of this Order and any conduct the Court finds disruptive of the proceedings may result in an order of temporary or permanent exclusion from the Courtroom and/or Courthouse and is punishable as contempt of Court.
2023-06-13 Allen - MOTION IN LIMINE REGARDING BALLISTICS 2023-06-16 - Court orders release to defense of Allen mental health records
Comes now the Court and having communicated with the parties on Defendant Allen's Motion for Order on Continuing Disclosure of Defendant's Mental Health Records, now grants said Motion and orders the Indiana Department of Corrections and/or any other departments, law enforcement agencies, and/or individuals assuming jurisdiction over the care and custody of Richard M. Allen to release to Attorney Bradley A. Rozzi and/or Andrew Baldwin, upon the written request or either, any and all mental health records associated with Richard M. Allen, without the necessity of the execution of consents and/or waivers by Defendant Allen or his agents
2023-06-17 Allen - VERIFIED MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION 2023-06-19 Indiana Department of Correction - APPEARANCE BY ATTORNEYS IN A CIVIL CASE
2023-06-19 Exhibit A
Table of Contents
. . . To permit entry onto designated land or other property in the possession or control of the Indiana Department of Corrections (c/o Westville Correctional Facility) for the purpose ofinspecting, measuring, surveying, and photographing the individual cell block(s), and surrounding facility, wherein Defendant Allen has been continuously incarcerated since November of 2022 pursuant to the Safekeeping Order entered herein on November 3, 2022. . . .
2023-06-19 Indiana Department of Corrections - MOTION TO QUASH SUBPOENA OR ENTER PROTECTIVE ORDER
2023-06-20 - Court sets trial for January 8-26, 2024; hears other issues
Defendant appears in person and with counsel, Bradley Rozzi and Andrew Baldwin. State by Prosecuting Attorney Nicholas McLeland. Court is informed by Counsel that the hearing on defendant's Motion to Suppress needs to be continued to be reset once defense counsel files its notice of omissions/inaccuracies. Hearing conducted on defendant's Motion to Reconsider Safekeeping Order. Evidence and arguments of counsel taken under advisement. Defendant's Motion for Temporary Restraining Order on Department of Correction Use of Cameras and Request for Preliminary Injunction to pend as the Department of Correction has stopped remote filming attorney meetings with defendant. Court grants defendant's Motion for Order on Continuing Disclosure of Defendant's Mental Health Records under separate order. Ex Parte Motions heard and concluded. Counsel will submit Ex Parte pleading under seal for the Court to consider. Court will issue a separate, detailed order on the sealed pleadings which will be unsealed by agreement of Counsel. Jury trial ordered set January 8-26, 2024, with jury selection to be conducted in Allen County, Indiana, and trial to be conducted in Carroll County, Indiana.

Proposed but Unsigned and Undated

ORDER MENTAL HEALTH RECORDS Supplemental Order for Safekeeping Temporary Restraining Order Defense review of mental health records Continue bail hearing and jury trial setting Setting due process hearing State's Proposed Order on discovery Let Bail Hearing scheduled for June 15, 2023 at 8:30 a.m. be converted into a Suppression Hearing. Count 1 Murder (empty witness list) ORDER SETTING HEARING ON PETITION TO LET TO BAIL COURT ORDER Media - ORDER GRANTING MEDIA INTERVENORS' MOTION FOR LEAVE TO INTERVENE Media - ORDER - Change of venue Media - ORDER GRANTING MEDIA INTERVENORS' RENEWED MOTION TO INTERVENE AND MOTION TO GRANT PUBLIC ACCESS TO THE STATE'S VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS Allen - Order to hold hearing to Suppress Fruits or Search June 15, 2023

More Recent Records

All the case records are available at the Carroll County Clerk's office in Delphi, but the docket and some text are available on MyCase at https://public.courts.in.gov/mycase. Selected entries from MyCase are listed below, along with the text of orders. Scroll long orders to see the complete text. For the latest records in MyCase, sign up at the site and use this Navigation Cheater:

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Orange entries like this do not have document links, sorry.

2023-06-28 - Order Issued (Pleadings ZIP file placed on court website, not in CCS.)
The Court has reviewed the electronic file recently and discovered many pleadings and filings have been marked as record-accessed and confidential, and, therefore, unavailable to the public The Court has consulted with Counsel for the State of Indiana and the Defense and discovered the pleadings have been deemed confidential to comply with the Court Order dated December 2, 2022 which prohibits public comment, commonly referred to as the "Gag Order". Counsel agree with the Court that the public interest is best served by transparency, but that certain pleadings should remain record-accessed. Counsel agree that the original, unredacted Affidavit for Probable Cause shall remain record-accessed as it lists names of juvenile witnesses; that the Transport Orders previously entered (and future Orders) shall remain record-accessed for security purposes; and that the Defense Ex Parte Motions and related Orders shall remain record-accessed pursuant to long established case law. All other pleadings filed prior to the date of this Order shall be unrecord-accessed and available to the public, except for the pleadings explicitly mentioned in this paragraph. Future pleadings and filings that are to be confidential shall comply with Court rules. Further, the Court has consulted with the Clerk of the Carroll Circuit Court about the impact of this Order on her office and staff, and the public interest in the pleadings which are being made available. As hundreds of pages of documents are being unrecord-accessed, this may create obstacles to the Clerk and the public. To ease the burden on the Clerk of the Court, and to ensure accessibility, the Court will make copies of the now public pleadings available at allensuperiorcourt.us/Delphi. John McGauley, Allen Superior Court, Court Executive has created this page on the Court's website to make these pleadings easily accessible to the public, the media, and the parties. This link should be active within hours of the issuance of this Order
2023-06-29 - Allen - Motion for Order on Visitation with Inmate

July 2023

2023-07-05 - Westville Correctional Inmate letter
2023-07-19 - Order Issued
The Court, having reviewed the Indiana Department of Correction's Motion to Quash Subpoena or Enter Protective Order, now finds that Defendant's request is unreasonable and oppressive, and beyond the scope of discovery. The Court, therefore, quashes the Subpoena and Request for Production to Non-Party issued by Counsel in May 19, 2023.
2023-07-19 - Order Issued
The Court, having had this matter under advisement following a hearing, and having considered the evidence and the arguments of Counsel, now finds as follows: Defendant is currently incarcerated in the Westville Correctional Facility under a "safekeeping order" issued November 3, 2022. The Court Order states that the Court "FINDS that Defendant is an inmate awaiting trial and is in imminent danger of serious bodily injury or death, or represents a substantial threat to the safety of others." The evidence presented at the hearing on defendant's Motion to Reconsider did not support many of the allegations advanced by defendant counsel. In fact, the evidence presented demonstrated that the Defendant is treated more favorably than other inmates housed at the Westville Correctional Facility. In light of the evidence presented, the Court has reconsidered the original Safekeeping Order and finds it is reasonable and necessary to ensure the defendant's safety and to prevent serious bodily injury to himself. The Department of Correction has provided, and will continue to provide Defendant with the necessarily medical services, including any mental health services. If the Department of Correction believes a facility other than Westville is more appropriate, or more convenient for Counsel, the Court is confident that the Department of Correction will move the defendant accordingly.

August 2023

2023-08-08 - Allen - Praecipe for Transcript Filed
Comes now the Defendant, Richard M. Allen, by Counsel, Bradley A. Rozzi, and files his Praecipe for Transcript in the above captioned matter. Said transcript shall be of the hearing held on June 15, 2023, regarding the Safekeeping Order, in front of the Honorable Frances Gull, Special Judge.

September 2023

2023-09-23 - Allen - MEMORANDUM IN SUPPORT OF THE ACCUSED'S MOTION FOR FRANKS HEARING

October 2023

2023-10-03 - Allen Defendant's Additional Franks Notice
2023-10-12 - Order Issued
On the Courts motion, this cause is ordered set for status hearing on October 19, 2023 at 2:00 p.m. in the Allen Superior Court. Counsel ordered to arrange their schedules to appear. The purpose of the hearing is to discuss the up coming hearing on October 31, 2023 and other matters which have recently arisen. Court will prepare a transport order to have Defendant appear.
2023-10-12 - Order Issued
On the Courts motion, this cause is ordered set for status hearing on October 19, 2023 at 2:00 p.m. in the Allen Superior Court. Counsel ordered to arrange their schedules to appear. The purpose of the hearing is to discuss the up coming hearing on October 31, 2023 and other matters which have recently arisen. Court will prepare a transport order to have Defendant appear.
2023-10-12 - Transport Order Entered
2023-10-17 - Order Issued

The Court has received multiple requests for various legitimate media outlets to record the Court proceedings to be conducted on October 19, 2023, at 2:00 p.m. (These requests are filed in the case with this Order). Pursuant to the Code of Judicial Conduct, Rule 2.17, a judge shall prohibit broadcasting, televising, recording, or taking photographs in the Courtroom. However, a judge may authorize the broadcasting, televising, recording, digital streaming, or photographing of court proceedings or the Courtroom by members of the news media under certain conditions. (Rule 2.17(3)(a)(b)). News media is defined as persons employed by or representing a newspaper, periodical, press association, radio station, television station, or wire service and covered by I.C. 34-46-4-1. All of the submitted requests meet this definition.

Counsel for the State and the defense have been provided with these requests, and both have previously submitted pleadings stating their positions on cameras in the Courtroom. (See defense Motion for Broadcasting Order, filed September 13, 2023, and State's Response to Defendant's Motion for Broadcasting Order, filed September 25, 2023). The Court has determined that allowing recording of the October 19, 2023, hearing is permitted provided that the means of recording will not distract the participants or impair the dignity of the proceedings, and the hearing itself is a non-confidential proceeding. The Court, therefore, authorizes the recording and broadcasting of the hearing set for October 19, 2023.

The Court WILL NOT permit photographing or digital streaming of the proceedings. All news media will be required to wear/display identification and to wear appropriate attire. One or two cameras will be authorized for pool coverage of the hearing. Members of the general public are prohibited from broadcasting, recording, or photographing this proceeding. The Court will prohibit media broadcast during this hearing of attorney-client communications, bench conferences, and materials on counsel tables and the Court's bench. The Court has the sole discretion to interrupt or stop the coverage, or to limit or terminate the recording and broadcast by a news media organization at any time during the proceeding. The Court requests the media to become familiar with I.C. 34-46-4-1 and the Code of Judicial Conduct, Rule 2.17.

2023-10-17 - Order Issued

This case has generated substantial public interest and media attention. In light of this, and on the Court's own motion to ensure the integrity of the proceedings, to protect the Defendant's constitutional rights for due process, to ensure the safety of the parties and the public, and to permit public access to criminal proceedings, the Court sets forth the following rules and guidelines for the hearing set for Thursday, October 19, 2023, in the Allen Superior Court.

The Courthouse will open at 8:00 a.m. All entrances are closed, except for the entrance on the east side of the building. The remaining entrances are locked with no access to the public. All members of the public, including members of the media, are subject to screening by metal detectors. All bags in possession of those entering the building are subject to search. NO weapons of any kind are permitted in the building, except for on-duty law enforcement officers providing security to the Courthouse and the parties. Cellular telephones are NOT permitted in the building. Violations are subject to seizure and destruction of the cellular telephone. No electronic equipment or devices are permitted in the Allen County Courthouse. This includes electronic watches. Media personnel are permitted to attend the Court session. One or two cameras providing pool coverage will be permitted in the Court session. No still photography or other recording will be permitted. No other media equipment will be permitted in the Courthouse. The Court requests the media be mindful that other County offices are conducting business in the building unrelated to this case. Media and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the offices, personnel, and patrons of those offices. The Media are free to use the public areas outside the Courthouse as long as they do not obstruct traffic in the streets and sidewalks surrounding the Courthouse. Public seating in the Allen Superior Courtroom One is limited to 90 spectators.

The Sheriff of Allen County or his designee will ensure that the victim representatives are seated and that the defendant's family is seated. The first two rows of public seating in the south side of the Coutroom will be reserved for the State, the State's staff, victims representatives, and State designees. The first two rows of public seating in the north side of the Courtroom will be reserved for the defense staff, defense family, and defense designees. The remaining seating is available until full. No one, other than Court Security and law enforcement, will be permitted to stand in the Courtroom. No food or beverages are permitted inside Allen Superior Court. Water will be permitted for the parties in the well of the Courtroom. All members of the public and the media are required to follow directives of the Sheriff of Carroll County, the Sheriff of Allen County, Courthouse Security, and Courtroom Security.

NO court-produced recording will be made available to the public or media. The audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposes other than perpetuating the record. At the conclusion of the scheduled hearing, all members of the public and media will remain seated in the courtroom until Court Security releases them. The Court anticipates that all members of the public and the media will conduct themselves in an appropriate fashion. Any violation of this Order and any conduct the Court finds disruptive of the proceedings may result in an order of temporary or permanent exclusion from the Courtroom and/or Courthouse and is punishable as contempt of Court.

2023-10-23 - Hearing scheduled for 10/31/2023 at 9:00 AM. 2023-10-25 - Allen - Verified Notice of Continuing Representation
2023-10-26 - Transport Order Entered 2023-10-26 - Allen - Motion to Disqualify 2023-10-26 - Allen - Praecipe for Transcript 2023-10-26 - Allen - Motion for Continuance Filed 2023-10-26 - Order Issued

Court notes the following pleadings which may be resolved without further argument or hearing:

  1. Defendant's Motion for Broadcasting Order is overbroad. The Court will consider broadcast requests by the media (after notice to the Defense and the State) on a hearing-by-hearing basis. Therefore, the Motion for Broadcasting Order is denied.
  2. Defendant's Motion to Quash Subpoenas (requested by the State for defendant's medical and mental health records) is granted as the State is not entitled to such records.
  3. Defendant's Verified Motion for Immediate Transfer of Custody is denied based upon the State's Response and attached Affidavits. The Defense multiple Motions for a Franks Hearing remain unresolved as the Court is still reviewing the thousands of pages of exhibits attached to the Motions, as well as the multiple hours of digital evidence submitted by counsel. The Court will continue to review same. Defendant's Motion to Suppress and Supplemental Motions to Suppress, as well as the State's Responses, will be set for hearing upon resolution of the defense Franks Motions. Prior to the scheduled hearing this date,

Attorneys Rozzi and Baldwin advise the Court they will be withdrawing their representation of the defendant. Court accepts their representations and orders them withdrawn from the cause. Counsel ordered to comply with the previously entered Protective Order on Discovery and are ordered to turn the discovery over in full to the State of Indiana to be made available to successor counsel. Court requests their cooperation with successor counsel in the best interests of their former client, but is not requiring them to cooperate. Court will maintain the hearing currently scheduled for October 31, 2023, at 9:00 a.m. in the Carroll Circuit Court for successor counsel to appear. Clerk of the Carroll Circuit Court ordered to remove Attorneys Baldwin and Rozzi as attorneys of record in this cause.

2023-10-26 - Order Issued (Duplicate of above)
2023-10-27 - Order Issued
Court notes filings by former Attorney Rozzi on October 25, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error.
2023-10-27 - Order Issued
The Court has received requests for media coverage of the October 31, 2023, 9:00 a.m. hearing from the following media outlets: NewsNation, Law and Crime, Court TV, and Channel 13 WTHR. In light of the unauthorized filming and broadcasting of pre-hearing activities in the Courtroom on October 19, 2023, the Court denies these requests in full.
2023-10-27 - Order Issued
Defendant remains entitled to Count-appointed counsel. Court appoints Attorney Robert Scremin and Attorney William S. Lebrato as Contract Public Defenders to represent the defendant. Counsel ordered to enter their appearances as Public Defenders on behalf of the Defendant.
2023-10-27 - Order Issued

This case has generated substantial public interest and media attention. In light of this, and on the Court's own motion to ensure the integrity of the proceedings, to protect the Defendant's constitutional rights for due process, to ensure the safety of the parties and the public, and to permit public access to criminal proceedings, the Court sets forth the following rules and guidelines for the hearing set for Tuesday, October 31, 2023, in the Carroll Circuit Court.

The Courthouse will open at 8:00 a.m. All entrances are closed, except for the handicapped entrance on the north side of the building. The remaining entrances will be locked with no access to the public. All members of the public, including members of the media, are subject to screening by metal detectors. All bags in possession of those entering the building are subject to search. NO weapons of any kind are permitted in the building, except for on-duty law enforcement officers providing security to the Courthouse and the parties. Cellular telephones are permitted in the building, but must be powered OFF and unused at all times while in the building or the Courtroom. Violations are subject to seizure and destruction of the cellular telephone. No electronic equipment or devices are permitted in the Carroll Circuit Court. This includes electronic watches. Media personnel are permitted to attend the Court session. NO cameras, electronics, lap tops or recording equipment of any kind is permitted on the Second and Third Floors of the Courthouse, nor inside the Carroll Circuit Courtroom. All such equipment is limited to the First Floor. The Court requests the media be mindful that other County offices are conducting business in the building unrelated to this case. Media and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the offices, personnel, and patrons of those offices. The Media are free to use the public areas outside the Courthouse as long as they do not obstruct traffic in the streets and sidewalks surrounding the Courthouse. Public seating in the Carroll Circuit Court is limited.

The Sheriff of Carroll County or his designee will ensure that the victim representatives are seated and that the defendant's family is seated. The first row of public seating behind the bar separating the well of the courtroom from the public is unavailable for seating. The remaining seating is available until full. No one, other than Court Security and law enforcement, will be permitted to stand in the Courtroom. No food or beverages are permitted inside Carroll Circuit Court. Water will be permitted for the parties in the well of the Courtroom. All members of the public and the media are required to follow directives of the Sheriff of Carroll County, Courthouse Security, and Courtroom Security. NO court-produced recording will be made available to the public or media. The audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposes other than perpetuating the record.

At the conclusion of the scheduled hearing, all members of the public and media will remain seated in the courtroom until Court Security releases them. The Court anticipates that all members of the public and the media will conduct themselves in an appropriate fashion. Any violation of this Order and any conduct the Court finds disruptive of the proceedings may result in an order of temporary or permanent exclusion from the Courtroom and/or Courthouse and is punishable as contempt of Court.

2023-10-27 - Order Issued
Court notes filings by former Attorney Rozzi on October 25 and 26, 2023, and takes no action. Attorney Rozzi withdrew from this matter on October 19, 2023, and is no longer counsel of record. These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove the pleadings from the electronic case file and the Chronological Case Summary as being filed in error.
2023-10-27 - Allen - Motion to Reconsider 2023-10-27 - Allen - Praecipe for Transcript Filed 2023-10-27 - Allen - Appearance Filed 2023-10-27 - State - Appearance Filed

November 2023

2023-11-02 - Order Issued

Defendant appears in person with court appointed counsel Robert Scremin and William Lebrato. State by Prosecuting Attorney Nicholas McLeland and Special Prosecutor James Luttrell. Former counsel Rozzi and Baldwin also appear, having entered an appearance October 30, 2023. Attorney Scremin and Lebrato's Motion to Continue the jury trial heard and granted without objection by the State as defendant is accepting the Criminal Rule 4 time. Court then addresses former attorneys Baldwin and Rozzi's appearance.

The Court previously found gross negligence by said attorneys in their representation of the defendant. Nothing has changed in the intervening twelve (12) days that removes the Court's grave concerns about their representation. Over Rozzi and Baldwin's strenuous objections, Court disqualifies them from representing the defendant and affirms the appointment of contract Public Defenders Scremin and Lebrato. Former attorneys represent to the Court they will return all discovery to the State of Indiana by the end of the week. Counsel ordered to do so to enable the State to provide that discovery to Attorneys Scremin and Lebrato. Court encourages former attorneys to cooperate with Attorneys Scremin and Lebrato for the benefit of the defendant.

Court notes two (2) pending motions (Motion to Suppress, Motion for Franks Hearing) and will await a report from Attorneys Scremin and Lebrato and Prosecuting Attorney McLeland regarding hearing dates. Baldwin's attorney, Hennessey, addresses the Court at Baldwin's request. Jury trial scheduled for October 15 - November 1, 2024, with jury selection to be conducted in Allen County and trial in Carroll County.

2023-11-14 - Order Issued

The Court has recently reviewed the Chronological Case Summary (CCS) in this cause and notes that the Clerk of the Court has not yet made available to the public on the CCS the 118 documents previously made remotely accessible by Court Order of June 28, 2023. The Court previously created a website for these documents as a convenience to the public and the Clerk and to ensure the public had prompt remote access to these documents. The Clerk is ordered to enter these documents on the CCS forthwith.

The Clerk is further ordered to unrecord-access the June 20, 2023, filing by the Carroll County Sheriff and the July 5, 2023, letter from a Department of Correction inmate and place same on the CCS.

The Court further notes that a Motion for Franks Hearing, and accompanying documents filed by former attorneys on September 18, 2023 (including the Franks Motion, Memorandum in Support of Motion and Exhibits List) are marked as confidential on the CCS as counsel failed to supply a redacted version at the time of filing. On October 31, 2023, the Court ordered defendant's new counsel to review the pleadings and discovery and either adopt those pleadings or make their own. If counsel adopts same, they are ordered to file a redacted version of the pleadings. If defendant's new counsel inform the Court they intend to pursue the Franks Motion, the Court will schedule a hearing.

Finally, the Clerk is ordered to place and make accessible on the CCS former attorneys' pleadings of October 25, 2023, and October 26, 2023. As noted in its prior order, the Court considers these pleadings stricken from the record and will not consider those pleadings as the attorneys who filed same are no longer counsel of record.

2023-11-19 - Defense - Scremin and Lebrato visit Westville (documented Jan 12, 2024)

December 2023

2023-12-07 - Notice to Court Regarding Transfer of Defendant (from Westville to Wabash Valley)
2023-12-11 - Order Received from the Indiana Supreme Court - Writ of Mandamus - records - denied
The Justices of this Court have reviewed the briefs and other filed materials and conferred with each other. Because Allen bore the burden to persuade this Court to issue a writ and he has not done so, the petition is denied. This disposition is final. No petitions for rehearing or motions to reconsider shall be filed in this original action. See Orig. Act. R. 5(C). All Justices
2023-12-11 - Order Received from the Indiana Supreme Court - Writ of Mandamus - disqualification - granted in part
Having considered the written submissions and having heard the arguments of counsel, a majority of the Court votes to GRANT the petition for writ as to Relator's request to reinstate attorneys Baldwin and Rozzi as his court-appointed counsel. The Court unanimously denies all other relief sought. The Court will promptly issue a written opinion explaining its reasons. The pendency of this matter in this Court does not stay the proceedings in the trial court.
2023-12-19 Correspondence to/from Court Filed (Dated Nov 23, postmarked Dec 15, filed Dec 19, mostly about his mistreatment at Westville, also Richard Allen's)
Letter received from Robert P. Baston (poor contrast fixed)
2023-12-22 - Defense - Scremin and Lebrato visit Wabash (documented Jan 12, 2024)

January 2024

2024-01-03 - Order Issued - Baston letter "has nothing to do with this cause"
Correspondence from Inmate Robert Baston received and reviewed. Court takes no action on the correspondence as it has nothing to do with this cause (despite the inmate attempting to file it under this cause number). Additionally, the inmate is complaining about conditions within the Department of Correction; this Court has no jurisdiction to address the inmate's complaints.
2024-01-12 - Allen - Motion to Transfer - to move to Allen Co. or Adams Co. jail.
2024-01-18 - State - Amended Pleading Filed - Information New
[The proposed four new charges separate and modify two elements of the originals.
  • Original: MURDER a Felony I.C. 35-42-1-1(2) and I.C. 35-41-2-4 Nicholas C. McLeland, being first duly sworn upon his oath, says that on or about February 13, 2017, in the County of Carroll, the State of Indiana, Richard M. Allen, did kill another human being, to wit: Victim 1; while committing or attempting to commit kidnapping.
  • Proposed: MURDER a Felony I.C. 35-42-1-1(1) and I.C. 35-41-2-4 Nicholas C. McLeland, being first duly sworn upon his oath, says that on or about February 13, 2017, in the County of Carroll, the State of Indiana, Richard M. Allen did knowingly or intentionally kill another human being, to-wit: Victim 1.
  • Proposed: KIDNAPPING a Level 3 Felony I.C. 35-42-3-2(a) and I.C. 35-42-3-2(b)(2)(A) and I.C. 35-41-2-4
]
2024-01-18 - State - Motion for Leave to Amend Filed - Motion for Leave to File Amended Charges.pdf 2024-01-18 Supreme Court Oral Arguments
Hours after the Supreme Court hearing, Brad Rozzi and Andrew Baldwin are reinstated as Richard Allen's public defenders.
2024-01-22 - Court - Order Issued

The Court, having had defendant's Motion for Franks Hearing (filed September 18, 2023), the Memorandum in Support of the Accused's Motion for Franks Hearing (filed September 18, 2023), defendant's Supplemental Motion for Franks Hearing (filed October 2, 2023), Defendant's Additional Franks Notice (filed October 3, 2023), the State's Objection to Defendant's Motion to Suppress (filed June 13, 2023), and the State's Second Objection to Defendant's Motion to Suppress (filed September 25, 2023) under advisement, now denies the Defendant's Motion for a Franks Hearing.

The Court finds the Affidavit submitted in support of the issuance of the search warrant contained information that a reasonable belief existed that evidence of the murders would be found in the defendant's home and vehicles. The Court does not find that the Affidavit submitted false statements or that the Affiant omitted statements with reckless disregard, nor does the Court find that the Affiant intended to mislead the Judge by failing to present information.
As the Court has found the Affidavit for issuance of the search warrant was valid, the search itself was reasonable and legal under Indiana law and Fourth Amendment case law.

Defendant's Motion to Suppress Fruits of Search of 1967 North Whiteman Drive, Delphi, IN (filed May 19, 2023) is also denied based upon all the pleadings, memorandums, and exhibits previously submitted in support of the request for a Franks hearing.
Defendant's Motion in Limine Regarding Ballistics (filed June 13, 2023) is reviewed and denied without hearing.
The Court finds the evidence contained in Defendant's Exhibits A and B [State police bullet analysis] attached to the Motion is relevant and admissible.
The Court further finds the probative value of such evidence is not substantially outweighed by its prejudicial impact, and that the evidence will not confuse or mislead the jury.
Defendant's Motion to Transfer (filed January 12, 2024) taken under advisement pending the State's response, if any, and a hearing to be set.
State's Motion to Amend Information (filed January 18, 2024) will be set for a remote hearing.

2024-01-24 - Allen - Motion to Withdraw Appearance Filed - Scremin and Lebrato

February 2024

2024-02-01 - Court - Order Issued
Court orders the State's Motion to Amend Information, filed January 18, 2024, and the State's Verified Information of Contemptuous Conduct, filed January 29, 2024, set for hearing on February 12, 2024, at 9:00 a.m. in the Allen Superior Court. Court will issue a Transport Order to have the defendant present.
2024-02-07 - Order issued - Judge denies Disqualification motion
The Court, having defendant's Verified Motion to Disqualify (filed January 28, 2024), Defendant's Affidavit (filed January 28, 2024), and Certification of Richard Allen's Attorneys (filed January 28, 2024) under advisement and having considered the pleadings, now denies the Verified Motion to Disqualify without hearing as the Indiana Supreme Court unanimously denied Defendant's previous request on January 18, 2024.
2024-02-07 - Allen - Motion to Dismiss Filed - Motion to Dismiss for Destroying Exculpatory Evidence 2024-02-07 - Allen - Memorandum/Brief Filed - Memorandum of Law in Support of Dismissal
2024-02-08 - Allen - Appearance Filed - Ausbrook 2024-02-08 - Allen - Motion Filed - for Summary Denial of State's Information 2024-02-08 - SCOIN - Opinion - Memorandum Received from the Supreme Court 2024-02-08 - Court - Order Issued
Court orders defendant to respond to the State's Motion to Compel Discovery on or before February 21, 2024, or provide the discovery requested.
2024-02-08 - Court - Order Issued
The Court, having taken defendant's Motion to Transfer under advisement, and having reviewed the State's Response to Defense's Motion for Transfer, now denies the Motion to Transfer without hearing.
2024-02-08 - Court - Order Issued
Defendant's Motion to Continue the hearing scheduled for February 12, 2024, reviewed and granted without hearing. Transport order will be cancelled. Hearing reset to March 18, 2024, at 9 a.m. in Allen Superior Court, Fort Wayne, Indiana. Court to notify and Court will reissue the transport order.
2024-02-08 - Court - Hearing Scheduling Activity
Hearing originally scheduled on 02/12/2024 at 9:00 AM was rescheduled to 03/18/2024 at 9:00 AM. Reason: By Request.
2024-02-12 - Court - Petition Filed - PETITION FOR CLARIFICATION REGARDING CONTEMPT HEARING
Come now Attorneys Baldwin and Rozzi. by counsel, and respectfully petition the Court to provide clarification regarding the March 18, 2024, contempt hearing. In support of their request counsel state:
  1. On January 29. 2024. the State filed what it titled "Verified Information of Contemptuous Conduct."
  2. On February 1, 2024, the Court set that pleading for a hearing on February 12, 2024 which was then continued to March 18, 2024.
  3. Attorneys Baldwin and Rozzi are without sufficient notice as to the details of the State's allegations and how or why any specific acts are alleged to be contemptuous.
  4. The State has referenced the following, with insufficiencies described:
    • it refers to a press release issued prior to any "gag" order without specifying how or why that was contemptuous;
    • that Mr. Baldwin failed to disclose an accidentally misdirected e-mail, but cited no authority or order requiring disclosure:
    • referenced the Frank's memorandum as having graphic descriptions and defense created demonstrative exhibits, but again fail to advise how that was contemptuous conduct;
    • reference Mr. Westerman's unauthorized photographing of discovery but fail to allege how that was the fault of Mr. Baldwin or Mr. Rozzi or how it was willful conduct on their part;
    • Mr. Baldwin brainstorming with Westerman violating both orders, but ignoire that in an in chambers meeting brainstorming and strategizing with person not on the defense team was declared permissible:
    • allege a trend of Baldwin and Rozzi not being completely honest, yet offer no details or cite to any authority or requirement to support the allegation.
  5. It seems clear that the State is really attempting to charge indirect criminal contempt. See, Defendant's Counsels Motion for Summan Denial of the State’s Verified information for Contemptuous Conduct. As such, a separate filing and initial hearing would be contemplated.
  6. Attorneys Baldwin and Rozzi respectfully request notice whether the March 18. 2024 hearing will be a formal advisement of the specific allegations or whether the Court anticipates hearing testimony and receiving evidence.
WHEREFORE: Attorneys Baldwin and Rozzi respectfully pray the Court to provide guidance as to the substance of the March 18. 2024, contempt hearing that is scheduled.
2024-02-14 - State - Notice to Court Filed - Notice of Discovery for Contemptuous Hearing 2024-02-15 - Allen - Motion Filed - REQUEST TO ALLOW ELECTRONIC DEVICES AT HEARING
2024-02-19 - Allen - Amended Pleading Filed - (Amended) Praecipe for Transcript
Comes now the Defendant, Richard M. Allen, by Public Defender, Bradley A. Rozzi, and pursuant to J.C. 33-40-1-5 and Rule 74(C) of the Indiana Rules of Trial Procedure files his Amended Praecipe for Transcript in the above captioned matter. Said transcript shall be of the hearing held on June 15, 2023, regarding the Safekeeping Order, in front of the Honorable Frances Gull, Special Judge. Defendant Allen further states that the use of said transcript will be of benefit to Defendant Allen in the course of conducting discovery by way of oral depositions and through the examination of witnesses at the trial in this cause.
2024-02-19 - Allen - Praecipe for Transcript Filed - Praecipe for Transcript
Comes now the Defendant, Richard M. Allen, by Public Defender. Bradley A. Rozzi. and pursuant to I.C. 33-40-1-5 and Rule 74(C) of the Indiana Rules of Trial Procedure files his Praecipe for Transcript in the above captioned matter. Said transcript shall be of the hearing held on November 22, 2022, wherein various pre-trial matters were addressed in front of the Honorable Frances Gull, Special Judge. Defendant Allen believes that the contents of said hearing will be relevant to and of assistance in the course of conducting future discovery and at the trial in this cause.
2024-02-20 - Allen - Response to State's Motion to Compel Discovery
2024-02-21 - Court - Denied Motion for Denial of Contemptuous Conduct Motion (dated 2024-04-15)
Defendant's Counsel's Motion for Summary Denial of the State's Verified Information for Contemptuous Conduct reviewed and denied without hearing.
2024-02-21 - Court - Denies Motion for Clarification on Contempt Hearing (dated 2024-04-15)
Defense Counsel's Petition for Clarification Regarding Contempt Hearing, filed by Attorney Hennessy, reviewed. The Court has scheduled a hearing on the State's pleading, and therefore denies the Petition without hearing.
2024-02-21 - Court - Transport Order (dated 2024-04-14)
The Court orders the Sheriff of Carroll County, Indiana, to transport the Defendant from the Indiana Department of Correction to the Allen Superior Court for hearings to be held on March 18, 2024, at 9:00 a.m. and 2:00 p.m. and return him forthwith.
2024-02-22 - State - Objection Filed
Response to the Defendant's Motion for More Time
2024-02-22 - Court - Notice of mailing of transcripts to B. Rozzi
2024-02-22 - Defense - LIST OF WITNESSES AND EXHIBITS FOR CONTEMPT HEARING
Witnesses: Exhibits:
Affidavits of the following:
  • Thomas Leatherman;
  • Stacy Uliana;
  • Ashlee Schultz;
  • David Pumphrey;
  • Andy Matemowski;
  • James Fry;
  • Lisa Johnson;
  • Joel Weineke and
  • Gojko Kasich.
The Indiana Public Defender Council's
Performance Guidelines for Criminal Defense Representation.
2024-02-22 - State - STATE'S ESPONSE TO DEFENDANT'S MOTION TO DISMISS FOR DESTROYING EXCULPATORY EVIDENCE
The interviews of Patrick Westfall and Brad Holder are not evidence at all related to this case. They are simply interviews that the Defense wish to use to support a wild theory of this case that has no evidentiary support whatsoever. However, even though the interviews were not evidence, they were not destroyed by the state purposefully or in bad faith. For those reasons, the State would ask the Court to deny the motion...
2024-02-22 - Court - Order Issued
The Court has reviewed the Accused's Response to State's Motion to Compel Discovery, filed February 19, 2024, and the State's Objection to Defendant's Response on Discovery filed February 21, 2024. It is reasonable for defense counsel to provide the discovery requested, and the Court, therefore, orders defense counsel to provide discovery to the State of Indiana on or before March 8, 2024. As the State has advanced no legal authority to support its request to the Court to force defense counsel to provide deposition exhibits in advance, the Court will not compel defense counsel to provide such exhibits.
2024-02-22 - Court - Order Issued
Counsel for defense attorneys Request to Allow Electronic Devices at Hearing, filed February 15, 2024, reviewed and denied without hearing. Counsel may contact the Court Executive for information regarding his request.
2024-02-22 - Court - Order Issued
The Court, having reviewed the State's Notice and Request for Discovery Cutoff Date, filed February 14, 2024, and the Defendant's List of Witnesses and Exhibits for Contempt Hearing, filed February 22, 2024, now orders counsel for the defense attorneys to provide to the State of Indiana all the exhibits intended to be introduced at the hearing on March 18, 2024, on or before March 7, 2024.
2024-02-26 - Allen - Verified Ex Parte Motion for Hearing on Funding for Expert Services 2024-03-01 - Court - Order Issued + MacDonald posts hearing schedule
The Court has received and reviewed 4 Requests for Recording of Court Proceedings by News Media relating to the hearing to be conducted on March 18, 2024. Having reviewed the requests, the Court now denies the requests and notifies counsel by way of this Order.
The Court has received and reviewed the following Requests for Recording of Court Proceedings by News Media:
  • February 20, 2024, from Maureen Mespell, WPTA
  • February 22, 2024, from Erika Facey, WISH-TV
  • February 22, 2024, from Cyndee Hebert, WTHR
  • February 22, 2024, from Janet McGowan, Court TV
Barbara MacDonald @NewsyBarbara posts: Delphi Judge Gull denies request for cameras at Richard Allen 3/18 hearing in Allen County. Also, it's not reflected in online record, but Gull's court executive confirms there are TWO hearings for Allen on 3/18.
  • The 9AM hearing will tackle prosecutor's amended charges (adding 4 more counts) and his contempt claim against the defense team.
  • A 2PM hearing will tackle the defense motion to dismiss the charges based on the destruction of exculpatory evidence.
Allen is expected to be present for BOTH hearings, taking place in Gull's usual courtroom in Allen County.
2024-03-06 - Allen - Speedy Trial Motion
MOTION FOR EARLY TRIAL
The Defendant. Richard M. Allen, by Counsel, moves the Court for an early trial within 70 days pursuant to Criminal Rule 4(B)(1) of the Indiana Rules of Procedure.
2024-03-15 - State - State's response to Continuance and Stay.pdf 2024-03-15 - Allen - Memorandum/Brief Filed - MEMORANDUM CONCERNING CONTEMPT PROCEEDINGS 2024-03-15 - Court - Order on Decorum for March 18
This case has generated substantial public interest and media attention. In light of this, and on the Court's own motion to ensure the integrity of the proceedings, to protect the Defendant's constitutional rights for due process, to ensure the safety of the parties and the public, and to permit public access to criminal proceedings, the Court sets forth the following rules and guidelines for the hearing set for Monday March 18, 2024, in the Allen Superior Court. The Courthouse will open at 8:00 a.m. All entrances are closed, except for the entrance on the east side of the building. The remaining entrances will be locked with no access to the public. All members of the public, including members of the media, are subject to screening by metal detectors. All bags in possession of those entering the building are subject to search. NO weapons of any kind are permitted in the building, except for on-duty law enforcement officers providing security to the Courthouse and the parties. No electronic devices, including electronic watches, are permitted in the building Violations are subject to seizure and destruction of the electronic device without further notice. Media personnel are permitted to attend the Court session. NO cameras, electronics, lap tops or recording equipment of any kind is permitted in the Allen County Courthouse. The Court requests the media be mindful that other County offices are conducting business in the building unrelated to this case. Media and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the offices, personnel, and patrons of those offices. The Media are free to use the public areas outside the Courthouse as long as they do not obstruct traffic in the streets and sidewalks surrounding the Courthouse. Public seating in the Allen Superior Courtroom One is limited. The Sheriff of Carroll County or his designee will ensure that the victim representatives are seated and that the defendant's family is seated in reserved seating in the front rows of the Courtroom. The remaining seating is available until full. No one, other than Court Security and law enforcement, will be permitted to stand in the Courtroom. No food or beverages are permitted inside the Courtroom. Water will be permitted for the parties in the well of the Courtroom. All members of the public and the media are required to follow directives of the Sheriff of Carroll County, the Sheriff of Allen County, Courthouse Security, and Courtroom Security. NO court-produced recording will be made available to the public or media. The audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposes other than perpetuating the record. At the conclusion of the scheduled hearing, all members of the public and media will remain seated in the courtroom until Court Security releases them. The Courtroom will be locked between sessions of the Court. Doors will be unlocked for the afternoon session at 1:45 p.m. The Court anticipates that all members of the public and the media will conduct themselves in an appropriate fashion. Any violation of this Order and any conduct the Court finds disruptive of the proceedings is punishable as direct contempt of court and will result in a term of imprisonment and permanent exclusion from the Courtroom, the Courthouse, and all future proceedings.
2024-03-15 - Court - Ex parte e-mail communication dated March 11, 2024, from Anthony Greeno ordered copied and sent to counsel of record and the Clerk of Carroll Circuit Court. 2024-03-15 - Court - The Court has received ex parte e-mail from an Anthony Greeno (e-mail address: truecrimeinvestigatesofficial@gmail.com) on March 12, 2024, which contains graphic images, the Court will not file tihs e-mail, as the images are unsuitable for public inclusion in this file.
2024-03-20 - Court - Rick Snay and David Noé [Ramos] banned from further proceedings in this case
On March 15, 2024, the Court entered a Courthouse Management and Decorum Order for Hearing March 18, 2024, at 9:00 a.m. and 2:00 p.m. The final paragraph of the Order states, "Any violation of this Order and any conduct the Court finds disruptive of the proceedings is punishable as direct contempt of Court and will result in a term of imprisonment and permanent exclusion from the Courtroom, the Courthouse, and all future proceedings." Paragraph 5 of the Order states, in part, "members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the offices, personnel, and patrons of those offices." The Court recessed the morning hearing at approximately noon. The Court observed a member of the gallery, later identified as Richard Snay, becoming animated and somewhat vocal with Courtroom Security, who admonished him to sit down. At approximately 12:10 p.m., Court Security observed Snay and David Noe engaged in conversation on the first floor, that ultimately became heated. Court Security advised them to be civil and leave the building. Court Security removed both participants from the building and observed a verbal altercation between them on the sidewalk and surrounding areas of the Courthouse. The Court finds the conduct of Richard Snay and David Noe to be in direct violation of Paragraph 5 of the Decorum Order, and therefore, permanently excludes Richard Snay and David Noe from all future proceedings in this cause.
2024-03-22 - Court - Court has received Request for Recording of Court Proceedings by News Media from Corryn Brock, WPTA, and Jeff Wiehe, WANE 15, for trial May 13-31, 2024, and denies same 2024-03-23 - State - Response to a Petition Filed - State's Response to Amended Motion to Compel.pdf
2024-03-25 - Court - Motion to Dismiss for Destroying Exculpatory Evidence taken under advisement
Defendant appears in person and with counsel, Attorneys Bradley Rozzi and Andrew Baldwin. State appears by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney James Luttrell, and Deputy Prosecuting Attorney Stacey Diener. Hearing held on Defense Motion to Dismiss for Destroying Exculpatory Evidence. Matter taken under advisement to review the evidence submitted.
2024-03-25 - Court - State's motion to protect DOC evidence denied. Prohibits Defense dissemination of guards' personal practices.
The Court has taken under advisement the State's Motion to Enter Protective Order for Evidence Gathered from the Indiana Department of Correction (filed March 17, 2024) and the Defendant's Response (filed March 19, 2024) and denies the State's Motion. The Court, however, prohibits the defense from any dissemination of the personal practices of any deponent.
2024-03-25 - Court - Rulings on contempt motions.
Defendant appears in person and with counsel, Attorneys Bradley Rozzi and Andrew Baldwin. Attorneys Rozzi and Baldwin appear with Attorney David Hennessy. State appears by Prosecuting Attorney Nicholas McLeland, Deputy Prosecuting Attorney James Luttrell, and Deputy Prosecuting Attorney Stacey Diener. Prior to the commencement of the hearing on the State's Verified Information of Contemptuous Conduct, the following preliminary matters are addressed:
  1. The State's Motion for Leave to Amend Charging Information by adding Counts 3 and 4 is granted without objection. Counsel waive Initial Hearing on Counts 3 and 4.
  2. The State's oral motion to dismiss Counts 5 and 6, kidnapping, Level 3 Felony, granted without objection.
  3. The Verified Petition for Recusal of Prosecutor from Contempt Proceedings is heard and denied.
  4. State withdraws its Motion for All Future Pleadings and Filings to be Sealed for the Court's Review Before Being Released to the Public.
  5. Attorney Hennessy's Verified Emergency Motion for Continuance and Supplement to Verified Emergency Motion for Continuance heard and again denied.
  6. Attorney Hennessy's Motion to Stay All Ancillary Proceedings and Get This Case to Trial and the State's Objection heard. As the hearing is proceeding, the Motion to Stay is Denied. The Court has previously granted Attorney Rozzi and Baldwin's Motion for a Speedy Trial and the cause is now set for speedy trial May 13-31, 2024.
  7. Attorney Hennessy's Motion for Specific Findings of Fact and Conclusions Thereon granted with respect to the contempt proceeding.
  8. Attorney Hennessy's Verified Petition for Recusal from Contempt Proceedings heard and denied.
  9. Attorney Hennessy's Objection to Change of Venue noted. No objection was made by defense counsel or defense counsels' attorney until March 12, 2024. The hearing was previously set in February and continued to March 18, 2024, on defense counsels' Motion without objection to the hearing taking place in Allen County. Court overrules the objection, but will conduct future hearings, if any, in the Carroll Circuit Court.
Court then conducts the hearing on the State's Verified Information of Contemptuous Conduct and takes the evidence and arguments of counsel under advisement. Attorney Hennessy requests an opportunity to submit a post-hearing brief. Court orders him to submit same on or before March 25, 2024. State will submit a response brief on or before April 1, 2024. The Court's thirty (30) days to rule begins April 1, 2024.
2024-03-25 - Allen - Memorandum/Brief Filed - POST HEARING MEMORANDUM 2024-03-25 - Allen - Memorandum/Brief Filed - POST HEARING MEMORANDUM Appendix
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