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Judge will not order Richard Allen to be transferred, says evidence doesn't show he's being treated unfairly

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DELPHI — The judge in the Delphi murders case will not order suspect Richard Allen to be moved to another facility, stating he’s being treated “more favorably than other inmates housed at the Westville Correctional Facility.”

Special Judge Fran Gull says the decision on whether or not Allen will be moved to another facility will be left up to the DOC.

The order, issued Wednesday, states none of the evidence supports the defense's claims that Allen is being treated unfairly by Westville staff.

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Last month, testimony from several witnesses supporting the defense’s argument to move Allen to a new facility was heard by Judge Gull.

Allen was arrested in Oct. 2022, and is charged with felony murder in the deaths of Liberty German and Abigail Williams.

Allen has been housed at the Westville Correctional Facility since November 2022, when he was transferred into the state's custody for "safekeeping" at the request of Tobe Leazenby, who was the Carroll County Sheriff at the time.

In an emergency motion filed April 5, Allen’s defense team claimed their client had suffered poor conditions while being held at Westville, which is a maximum-security prison.

His attorneys included two photographs as evidence to support their argument that housing Allen at Westville was impacting his mental and emotional health.

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Allen’s trial is set to take place Jan. 8 through Jan. 26, 2024.