DELPHI, Ind. — The attorneys for the suspect in the Delphi murders case filed new motions, objections and petitions.
Richard Allen is the man accused of killing Libby German and Abby Williams in February 2017.
Here is a breakdown of the new court documents filed Tuesday, March 12 by attorney David Hennessey, who is representing defense attorneys Andrew Baldwin and Bradley Rozzi:
Motion to stay all ancillary proceedings and get this case to trial
Baldwin and Rozzi are asking the court to suspend all proceedings in order to prioritize the trial and have it start on May 13.
The defense attorneys are referring to the contempt hearing on March 18 in Allen County, set by special judge Frances Gull, which they say is expected to last at least one day and "is a distraction for everyone from preparation for a trial now 61 days away." The defense attorneys also claim it is a disservice to the families involved.
List of additional witnesses and exhibits for contempt hearing
The contempt hearing on March 18 is expected to consider several key issues leading up to the trial, which has been moved up to May 13-31.
The defense attorneys are now asking to call six additional witnesses for the contempt hearing, as well as more evidence involving prosecutor Nick McLeland's communication with people regarding the case.
Objection to change of venue
Baldwin and Rozzi are objecting to the change of venue for the March 18 hearing from Carroll County to Allen County.
The defense attorneys say Allen is not facing charges in Allen County. Baldwin and Rozzi also claim the appointment of Gull as a special judge does not transfer a case to the judge's home county.
Verified petition for recusal of prosecutor from contempt proceedings
The defense attorneys are petitioning for the recusal of McLeland as the prosecutor from any contempt hearings.
According to Baldwin and Rozzi, all of the alleged acts or omissions in the Jan. 29, 2024 "Verified Information of Contemptuous Conduct" are more than a year old. The defense attorneys say the prosecutor would have filed his pleading sooner if he truly felt like they should be punished.
Baldwin and Rozzi are calling it a "personal, vindictive attack" or having "ulterior purpose."
The defense attorneys also referred to McLeland's motion – which was later withdrawn – refers to the contents of a verified ex parte motion filed by the defense — but the prosecutor is not supposed to know what's in that motion.
McLeland was requesting access to Allen's mental health records since he was moved to state prison while awaiting trial.
In the prosecutor’s motion for Allen’s mental health records, McLeland named a psychologist in the defense motion and quoted the defense motion.
Verified petition for recusal from contempt proceedings
Baldwin and Rozzi are also asking Gull to recuse herself from any contempt hearings.
The defense attorneys claim Gull wrote an email Oct. 8, 2023, that inquired about and suggested how to proceed with the investigation after there was a reported leak of evidence under a protective order. This is referring to an incident when one of Baldwin's associates allegedly admitted to using his phone to take pictures of evidence photographs in Baldwin's law office. He allegedly shared those images, which ended up in the hands of various YouTube and podcast creators.
"Recusal is appropriate to avoid the possibility and appearance that the Court is considering events outside the evidence and testimony actually presented at a contempt proceeding," the filing reads.
Baldwin and Rozzi also referred to Gull allegedly coercing them into withdrawing their representation as Allen's attorneys and later disqualifying them. The Indiana Supreme Court reinstated Baldwin and Rozzi in January 2024.
Motion for specific findings of fact and conclusions thereon
The defense attorneys are requesting the court issue findings of fact and conclusions thereon for the contempt hearing on March 18.
This means Baldwin and Rozzi want Gull to lay out the facts that are undisputable in the case.
