DELPHI — Lawyers for Richard Allen, who was found guilty of the 2017 murders of Abby Williams and Libby German in Delphi, are asking the court for an "appropriate" sentencing as they prepare for an appeal.
In a memorandum released Wednesday, the defense said they won't be participating in providing information for the pre-sentence investigation ahead of Friday's sentencing.
"Richard Allen maintains his innocence and is hopeful that the appellate process will provide him with an opportunity to present a full defense at a second trial," they said in the memorandum.
The memorandum references several instances that the defense believes negatively impacted Allen's trial, including being detained in solitary confinement and engaging with a staff psychologist who they say had "confidential" discussions with Allen about the case. The defense argues that they now must protect Allen from "any further inappropriate contacts with State actors."
"The practical reality is that unless this matter is reversed and retried, Richard Allen is likely facing the rest of his life in prison," the memorandum reads. "Even on his best day
at sentencing Richard will be 85 years old upon his release. With these facts in mind, the defense advised Richard Allen to not participate in the pre-sentence process. Again, his continued interaction with State actors does not make sense considering that a second trial may occur which would allow him to present a full defense."
The defense also claims that Allen can't be convicted and sentenced for both murder and felony murder when only one killing took place. Allen was convicted on four counts, with murder and felony murder of both victims, but the defense said they believe he should only be convicted of murder.
The defense goes on to list mitigating factors in regards to Allen's sentencing, including:
- Allen has no prior criminal history
- Allen was the main breadwinner of his household
- Allen served in the national guard for 10 years
- Allen's history of mental illness
The memorandum concludes, "Richard Allen maintains his innocence and looks forward to the appellate process which he anticipates will include adjudication by a neutral, detached and unbiased tribunal. Richard Allen believes that he will be afforded due process under the law and will be permitted to present a full and complete defense at a future trial in this cause."
The sentencing hearing is Friday at 9 a.m. in Delphi.
