DELPHI — Attorneys for Delphi murder suspect Richard Allen say they will call Judge Frances Gull as a defense witness in a future hearing.
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In a Tuesday filing, Allen's attorneys say Judge Gull will be asked to testify on the credibility of a Carroll County Sheriff's Office (CCSO) report.
According to the attorneys, in the June 2023 report, Judge Gull allegedly told a CCSO Deputy that they could ignore a
subpoena for Westville Correctional facility inmate Robert Baston, who was supposed to testify about Allen's abusive treatment in prison.
Gull's order "left Mr. Allen without crucial evidence for the hearing, thereby subverting justice for him," the defense said.
However, in a May 2023 order, Judge Gull denies telling the CCSO to ignore the subpeona.
In fact, Allen's attorneys say Judge Gull stated that, “The decision by the Deputy to leave without the witness was his and was not directed by the Court.”
Now, the lawyers are asking Judge Gull to testify that the report, approved by Chief Deputy Tobe Leazenby, was in fact false.
"Given that Judge Gull is the only individual who knows that she did not direct the CCSO office to ignore the subpoena and leave Mr. Baston at Westville (despite the contrary assertions in the CCSO report) she has become a witness to Tobe Leazenby’s truthfulness and to the fact that the information contained in CCSO’s report is false," the defense wrote.
The defense plans to call Judge Gull as a witness at a future hearing or trial.
