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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.
2022-11-22 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.
2022-11-28 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
2023-02-23 - 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
2023-04-28 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.
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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:
- 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.
- 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.
- 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.
2024-02-08 - 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:
- On January 29. 2024. the State filed what it titled "Verified Information of Contemptuous
Conduct."
- On February 1, 2024, the Court set that pleading for a hearing on February 12, 2024 which
was then continued to March 18, 2024.
- 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.
- 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.
-
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.
-
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
2024-02-22 - 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.
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.