Allen Richard, the accused murderer of Delphi, reportedly made no acknowledgement of his wife as he appeared in court after making a series of confessions about the killings in 2017, according to podcasters.
On Thursday morning, in Delphi, Indiana, Allen reluctantly entered the Carroll County Courthouse for a hearing preceding his trial for the killings of adolescent close companions, Abigail Williams and Libby German. A restrained and emaciated Allen.
Kathy Allen, Allen’s spouse, allegedly started crying when she saw him being escorted into the courtroom.
Also present for the hearing were Aine Caine and Kevin Greenlee, the journalist-lawyer couple behind the investigative true-crime podcast, The Murder Sheet.
The pair told The U.S. Sun that as Allen was led by officers past his wife he offered Kathy no acknowledgement whatsoever.
“I will inform you when he passed by her, my gaze remained fixed on him,” stated Greenlee.
In the past, he would often mouth the words “I adore you” to her during one particular instance, with his gaze locking onto hers. Additionally, he consistently acknowledges her in some manner during previous encounters.
“But when he walked past her [on Thursday] it was really striking because there was no sign of any recognition at all.
“His expression was completely void.”
During the hearing, Carroll County Prosecutor Nicolas McCleland stated that Allen had confessed several times to the killings of Abby, aged 13, and Libby, aged 14, following his arrest last year.
The pair of students in the eighth grade were found dead on Valentine’s Day 2017 close to a railroad trail at the Delphi Historic trails.
Allen, a former CVS worker, was arrested in October and charged with two counts of murder. He believed that the girls’ bodies had been cycled through, and a bullet was found unspent between them. He owned a pistol.
Since November, Allen has been incarcerated at Westville Correctional Facility, where he has made “multiple confessions to multiple people,” according to McCleland.
The defense team of Allen first had to acknowledge the apparent confessions, calling them “statements”, because those statements could not be trusted due to the client’s mental fragility.
“Admissions, denials, implicating remarks, non-implicating remarks, we’ll address that,” Brad Rozzi, Allen’s lawyer, stated, according to WRTV.
“The jury will listen to all of that,” he added.
Rozzi stated that Allen’s mental and physical health has significantly declined since his apprehension last autumn.
Allen is presently being detained in deplorable circumstances, asserting that efforts are being made to transfer him from isolation at Westville to a nearby correctional facility, Cass County Jail.
Judge Fran Gull, who holds a special position, is currently evaluating the request.
Gull Judge was set to hear multiple arguments, including whether key ballistic evidence would be inadmissible in Allen’s upcoming case, on Thursday.
However, discussions about Allen’s “admissions” – disclosed publicly for the initial occasion – controlled the majority of the proceeding.
Caine and Greenlee mentioned that the interactions between the defense and prosecution regarding the subject were, occasionally, “electrifying.”
Cain stated, “Allen Richard has implicated himself at least five or six times in the killings since his arrest, adding that there were some incriminating statements made by Allen Richard out there, which were a surprising element in the courtroom when we were present.”
What I found interesting was that it was actually a defense that I initially put out there, which was an attempt to address it in a kind and explanatory way.
“So it emerged in a manner that was a bit unforeseen, but perhaps that’s a beneficial approach for them.”
Today, what caught my attention was the fact that the prosecutor, Nick McCleland, seemed highly eager to release this information today. He constantly took any opportunity he had to mention, ‘Oh, and just so you know, Mr. Allen admitted his guilt on multiple occasions, during various conversations,’ Greenlee added.
“It was electrifying,” Caine proceeded. “Amidst the presence of observers and the process of questioning, there was a substantial amount of back and forth between the prosecution and the defense, and the atmosphere became tense.”
Both Caine and Greenlee stated that the incorporation of Allen’s self-incriminating remarks and the defense’s objection to Allen’s psychological state – which they argue has been affected by the circumstances of his imprisonment – could potentially become a major point of contention during the trial.
According to them, if Allen’s admissions were reliable and willingly provided, then the prosecution ought to be capable of demonstrating that, which will undeniably bolster their argument against him.
Acceptance of culpability holds significant significance with jurors and more frequently than not leads to a conviction.
However, the defense’s claims of Allen’s fragile mental state undermine the credibility of those statements, as reasonable doubt could be planted in the minds of jurors regarding Allen’s guilt.
If Allen remains unmoved, persisting that Allen has been treated as a culpable individual prior to any rightful procedure, the defense might also attempt to gain favor with the jury.
Caine expressed, “I believe today was a truly good opportunity for prosecutors to push back against Alan’s narrative defenses in prison treatment.”
“Presenting a narrative that was previously unknown, [McCleland] managed to articulate the account concerning the county sheriff’s department and correctional facility, effectively countering several claims with the help of credible testimonies.”
The conditions of his day-to-day living would actually be worse if he were in a county jail, because he receives better access to mental health treatment where he is. The prosecution kept making the point that if Allen were moved to a county jail, his living conditions would actually be worse, but it is very unusual for a man like Richard Allen, who has not been convicted, to be in prison. The fact is, Allen Richard is currently in pretrial.
Leazenby, the Sheriff of Carroll County, claimed that Allen’s safety has been ensured since November of last year when Allen was housed at the Westville Correctional Facility.
Attorneys representing Allen alleged in an urgent filing in April that their client had endured unfavorable circumstances during his confinement at the high-security facility, adversely affecting both his mental and physical well-being.
Included in the filing was two photographs of Allen, showing what they claimed was visual evidence of his physical and emotional decline.
As compromise, they requested to have him moved to the Cass County Jail to be closer to his family and his counsel.
Prosecutor McCleland expressed no opposition to the motion, however, the Carroll County Sheriff’s Department rejected the request.
On Thursday, Allen’s attorneys argued that Westville has never housed pre-trial inmates before. Everyone incarcerated there has been convicted of a crime.
They also contended that he lacks privacy and is being treated distinctively from all other pre-trial defendants.
“We’re demanding fundamental human rights, we’re not asking to place him in the Holiday Inn,” expressed Brad Rozzi.
Tobe Lazenby stated in court that Carrol County cannot accommodate Allen due to their insufficient resources.
He argued that Allen could be put in danger because they have a much smaller staff, and therefore he should be housed with the general population at their jail.
In the meantime, Ed Shroder, the Sheriff of Cass County, expressed that despite not “wanting” Allen, he is of the opinion that the establishment would have the ability to accommodate him.
IMPORTANT FORENSIC EVIDENCE
Judge Gull postponed discussions about the defenses’ request to dismiss ballistic evidence until a later date.
Nevertheless, she announced that several other undisclosed documents would be unveiled at some stage in the upcoming week. No further information was given.
Allen’s lawyers submitted a motion to “limine concerning ballistics” on Wednesday.
Although Allen’s arrest caused the previously raised evidence related to ballistics in that affidavit to be sealed from public view, the motion is still pending.
According to the affidavit, an unspent .40 caliber bullet was found near the crime scene, in close proximity to the deceased bodies of Libby and Abby.
At the location, the projectile was discovered to originate from a firearm owned by Allen, who provided investigators with no clarification regarding its discovery.
Allen’s lawyers referred to the evidence as “weak” at the time.
In order to accomplish this, there are two primary paths they can follow, but Greenlee stated that it will be challenging for Allen’s lawyers to have the evidence excluded.
He said, “they found the gun when they conducted the search and the investigators really didn’t have probable cause. The evidence was improperly obtained, which could rule that the judge is the first one.”
Occasionally, it occurs, but in general, discarding the search warrant is quite challenging. However, I find it highly improbable, as it is extremely arduous.
“Another approach is to argue that the evidence is not dependable.
It may be possible, but it is unlikely to happen again. There is no scientific evidence behind it, so the ballistics evidence that defense attorneys have been arguing about recently cannot be trusted.
If jurors find Allen’s confession credible and there is ballistic evidence to support it, the combination of these factors will likely serve as compelling evidence. I suspect that the ballistic evidence will be admissible.
Allen’s court case has been scheduled for January 8, 2024. He has entered a plea of not guilty.