DELPHI, Ind. — A judge issued a gag order Friday in the Delphi murders case against Richard Allen. The order prevents everyone involved from speaking publicly on the case.
Involved parties, counsel, law enforcement officials, court personnel, the coroner and family members are not allowed to speak publicly on the case.
A hearing is scheduled for Jan. 13, 2023 at 10 a.m. in the Carroll County Circuit Court. At that hearing, the judge will review the order to decide if it should remain in place.
Anyone who violates the gag order could be held in contempt of court and is subjected to a fine and/or incarceration.
On Tuesday, a judge ordered the release of a redacted version of documents detailing the reasons for charging Allen in the Delphi murders.
The probable cause affidavit had remained a secret to the public for weeks after Allen's arrest at the order of a Carroll County judge. That judge later recused himself, and a special judge, Fran Gull out of Allen County, was put on the case.
Gull made the decision to publicly release redacted court documents Tuesday after hearing public arguments on the motion Nov. 22.
According to Gull, prosecutors "failed to prove clear and convincing evidence" to prevent the public from reading the court documents. The redacted version removes witnesses' names and identifying personal information about Allen.
The probable cause affidavit says Allen was on the Monon High Bridge Trail between 1:30 and 3:30 p.m. on Feb. 13, 2017 — the day the girls disappeared.
The document also says Allen is the man seen on previously released videos of a suspect on the trail, who directed the girls to go "down the hill."
Investigators first interviewed Allen in 2017, and he confirmed he was on the trail. On Oct. 13, 2022, investigators conducted a search warrant on Allen's residence. During that search, they found a gun, which the Indiana State Police Laboratory performed an analysis on. Investigators confirmed an unspent round found within 2 feet of one of the victim's body came from his gun.
Investigators learned Allen purchased the gun in 2001. Allen told investigators he never allowed anyone to borrow or use the gun, and he did not have a reason why the bullet was found between the victims' bodies.
He again told investigators he was on the trail that day but said he did not know Williams and German and denied any involvement in their murders.
On Nov. 23, the Carroll County Prosecutor's Office released a statement saying, "we strongly believe the evidence shows Richard Allen was involved in the murder of Libby and Abby. Because the investigation is ongoing and given the intense public interest in this case, we think it would be best if the documents remain sealed. Regardless of the ruling, we believe we have a very strong case against Mr. Allen and look forward to making our argument in trial."
Allen was taken into custody Oct. 26 and was formally charged for the murders of Abby Williams and Libby German on Oct. 28.
Carroll County Prosecutor Nicholas McLeland asked a judge to keep all court records from the public even before he filed murder charges. Judge Benjamin Diener agreed to the request, signing an order to seal the records. Since then, an Allen County Superior Court judge, Frances Gull, was appointed as a special judge to oversee Allen's court proceedings after Diener recused himself from the case.
Gull chose to take the motion under advisement Nov. 22, with a ruling to be released at a later date. Becky Patty, Libby’s grandmother, posted on Facebook Nov. 23, saying she was glad the public hearing was finally over.
"When we were called in and told LE had someone in custody, I thought I would be elated – but then you stop and think about all the new lives that will be affected by this person being arrested and realize it really is sad," she said.
Read her full statement below:
Allen's attorneys have filed a petition to be let out on bail "because neither the proof of guilt is evident, nor the presumption of guilt strong, the Accused is seeking a hearing to release the Accused." Allen is asking for the court to either reduce his bail to a "reasonable" amount or release him on his own recognizance. The hearing for that decision is now scheduled for Feb. 17, 2023.
Allen's trial is scheduled to start March 20 at 9 a.m., but that date is expected to be moved back to provide both the prosecutor and defense more time to prepare for a trial.
On Nov. 28, Allen's attorneys filed a motion for a change of venue for the trial, citing "the extensive media attention" making it difficult to find a jury that has not heard of the case.
What we know about Richard Allen
Allen had not been previously mentioned as a suspect possibly connected to the girls' deaths.
He is known to go by Rick or Ricky.
Allen has lived in Delphi for at least 16 years, and his home is less than two miles from the Monon High Bridge, where the girls disappeared after going on a hike. Records show he previously lived in Greenwood and in Mexico, Indiana.
13News learned Allen is a licensed pharmacy technician. He received his Indiana license in 2018, and it's still active. Neighbors told 13News Allen worked at the CVS in Delphi, even at one point developing photos for Libby German's family after the killings. German's family said Allen did not charge them for printing the photos.
Since being accused, Allen said in a court document that his wife had to leave their home and that he lost his job and his wife had to leave hers.
Andrew Baldwin, defense attorney for Allen, said the family has been "tremendously" impacted by his arrest.
"His wife is just a wonderful person, and she loves her husband. They've been married for over 30 years. They were basically high school sweethearts. They love each other, and she fully supports him," Baldwin said. "But it is devastating. She's scared. She doesn't want to leave her house."
Baldwin said Allen is "confused" and "bewildered" at the accusations against him, and maintained that Allen is not the person responsible for the murders of Abby Williams and Libby German.