DELPHI — A new push to overturn Richard Allen's convictions was filed on Monday.
Attorneys representing Richard Allen, convicted of murdering two teen girls in Delphi in 2017, submitted a 'Motion to Correct Errors.' Essentially they want the judge to amend the previous order or judgment because of what they believe are mistakes.
The motion details four alleged legal missteps, the defense feel are significant enough to warrant an overturning of the jury's verdict.
In November, a jury found Allen guilty of the murders of Liberty German and Abigail Williams on February 13, 2017. Following his conviction in December, he was sentenced to 130 years in prison, the max sentence allowed by Indiana law.
The motion seeks either a dismissal of Allen's convictions or the initiation of a hearing to discuss the issues raised. The motion was filed by Allen’s trial defense team, which includes Andrew Baldwin, Jennifer Auger, and Bradley Rozzi.
Key Issues Raised in the Motion
1. Illegal Safekeeping Proceedings
The first issue relates to the circumstances of Allen's custody. Following his arrest, he was relocated from the Carroll County Jail to the Indiana Department of Corrections. The defense argues that this transfer was unlawful and that Allen's right to legal representation was violated. They assert that his attorney was not notified about the proceedings, which deprived him of the right to be represented in this critical matter.
Court documents detail Allen hired an attorney after being arrested. The defense stated, “Mr. Allen was not afforded either the right to be heard by counsel or by himself at the safekeeping 'proceeding.'”
2. False Testimony Regarding Timeline and Evidence
The second point addresses the testimony concerning a white van's presence during the incident. Defense attorneys argue that prosecutors should have corrected false evidence regarding the van’s timing, which was pivotal to the case. They presented surveillance footage showing the van in the area later than what the prosecution indicated, suggesting that this inconsistency could have influenced the jury’s decision.
The defense motion claims, "When the State introduces testimony it knows will be false or fails to correct testimony it knows or should know to be false, once elicited, a conviction must be vacated or reversed if that false evidence 'may have had an effect on the outcome of the trial.'"
3. Alleged Confession by Another Individual
The third issue concerns reports of a confession reportedly made by another person in 2017. The defense included notes from an inmate claiming that another inmate confessed to the murders and mentioned using a boxcutter. The defense believes this information could potentially undermine the prosecution's case, particularly in light of the pathologist’s change in testimony regarding the murder weapon.
The defense believes that had this confession been presented earlier, there would have been probable cause to arrest the other individual.
4. Forensic Concerns Over Cellphone Evidence
Finally, the defense challenges the forensic analysis of Libby German's cellphone found at the crime scene. Questions have arisen regarding whether environmental factors could have artificially created data suggesting that headphones were plugged into the phone. An expert on the defense team argued that there was no evidence of water or dirt damage to support the state's claims.
"Ms. Eldridge’s opinion that dirt or water could not have caused L.G.’s phone to log wired headphones being plugged into and being unplugged from the phone on February 13, 2017, exculpates Mr. Allen and would probably produce a different result at a new trial. Accordingly, the Court should either vacate Mr. Allen’s convictions or set this motion for a hearing."
Next Steps
The Motion to Correct Errors stands apart from the appeal that is anticipated to be submitted by newly-appointed appellate attorneys for Allen. As of now, the defense has yet to respond to this filing, and the upcoming legal proceedings will determine the future of Richard Allen's conviction.
The defense attorneys did respond to WRTV's request to comment regarding the filed motion.
Jennifer Auger said, "We do not feel it is appropriate to discuss the motion to correct errors as that is currently pending in front of the court."
The Carroll County Prosecutor's office has not yet responded.
