DELPHI, Ind. — It's been over seven years since the bodies of Abby Williams and Libby German were found near the Monon High Bridge in Delphi. Richard Allen, the man accused of killing the two teenagers, will stand trial for the 15th day Monday.
The trial began Friday, Oct. 18.
Sixteen Allen County residents were selected to serve on the jury. Twelve of those people (eight women and four men) began the trial as jurors with four (two men and two women) serving as alternates.
From opening statements to verdict, 13News will be at the Carroll County courthouse every day of the trial to explain what happened inside the courtroom.
Follow along with the latest updates from Monday below:
Day 15 summary:
We heard crucial testimony for the defense inside the Carroll County Courthouse on Monday.
We learned more about Richard Allen's mental state while he's been in prison, as well as firsthand accounts from his own family in Delphi.
First to take the stand Monday was a neuropsychologist, Dr. Polly Westcott. Westcott said she met with Allen in prison to do a series of psychological exams, and after reviewing those exams, prison videos, phone calls and medical reports, she determined Allen suffered from major depressive disorder and psychosis when he confessed to killing the girls. She also determined he was not faking or exaggerating his mental health. That contradicts the most damaging evidence against Allen so far — his recorded phone call confessions to killing Abby Williams and Libby German in February 2017.
Jurors also watched two videos that showed Allen inside his prison cell. A witness said it showed Allen eating his own feces and banging his head against the wall of his cell. The defense is trying to prove Allen's mental health was deteriorating, driving him to make false confessions. The state claims the videos were used to get sympathy from the jury.
Afternoon testimony started with two of Richard Allen's relatives, his sister and his daughter.
The defense asked his sister, Jaime, "Did Richard Allen ever molest you?" "No, he did not" she said. "Did Richard Allen ever touch you?" the defense asked. "No, he did not," Jaime said. "Do you love him?" the defense asked. "Yes," Jaime said.
When Allen's daughter, Brittany, was on the stand, a juror asked, "Did you visit the High Bridge in your teens?" Brittany said, "Yes." That's when the state asked if she visited the bridge with her dad, and Brittany said, "Yes," again. When Prosecutor Nick McLeland asked if she was ever scared, Brittany said "Of the bridge, yes."
The final witness of the day Monday was a man who lives right next to the crime scene, Brad Weber. Allen's attorneys got him to admit in court he told differing stories to police in the days following the girls' murders, about whether or not he drove straight home after work on Feb. 13, 2017. That's important because if he did, that would put his white van at his home near the Monon High Bridge around the time the girls went missing, and that would match one of Allen's confessions in prison that a van scared him at the crime scene that day.
The defense asked him: "You did not hear any screaming on Feb. 13?" Weber replied, "I did not."
Testimony wrapped up early, around 3:30 p.m. The judge was adamant that she will hold court on Election Day to keep the trial on track.
Defense's 12th witness, Dr. Polly Westcott, a forensic psychologist
9:10 a.m. - The defense's 12th witness is Dr. Polly Westcott, a neuropsychologist who specializes in forensic psychiatry.
In May 2023, Westcott started working with Allen's defense team at a rate of $450 an hour.
Westcott has testified as a witness for both the state and various defense teams.
Westcott said she worked with inmates at Wabash Valley Prison and the Indiana Women's Prison. Westcott has also worked with police crisis intervention teams.
Westcott said when the defense team reached out, they wanted her to do three things:
- Look at Allen's mental health history.
- Do a neuropsychological exam
- Determine the breadth and context for his mental decline during the time of his confession.
Westcott started off with Allen's mental health history and records. Westcott said she watched and listened to Allen. She also watched "extensive video footage" and "listened to phone calls" Allen made from prison.
Westcott said it is "very unusual" to get to see 20 hours of video footage of a patient and review suicide watch notes.
Westcott said she saw Westville and Wabash Valley video and information through March 2024.
Westcott met with Allen in August 2023 and performed an evaluation. Westcott said this was a two-hour evaluation and a five-hour test over two days.
Westcott also met with Kathy Allen several weeks later.
Westcott said she also asked for medical logs, more records and then wrote a lengthy report. Westcott's report was entered as evidence. It included the following:
- Allen has "extensive mental health history"
- Intense anxiety and fears about school and around other people. The fears are focused on what others are thinking about him.
- As an adult, Allen started medicine for anxiety and depression.
- Allen felt like he was letting down his family and that no one likes him. Allen felt that way from his 20s through his time in prison.
- Allen's anxiety caused his depression.
- Under external stress, Allen "crumbles & falls apart — literally crawling up in a ball."
- Westcott sited Allen's work history. Allen got promoted by the added stress sent him into more anxiety and depression.
- Always a time when Allen was suffering from some level of anxiety or depression
- Westcott also found Allen has dependent personality disorder
- Allen really needs other people to feel like a whole person. He relied heavily on his wife and mother.
- Someone with this disorder can't function, make decisions or exist on their own
- Constant feeling of abandonment and rejection, needs loved ones around
- "He would fall apart when they were not physically there."
Westcott said she had six conclusions about Allen:
- "He was a fragile egg," Westcott said. Allen had a long history of mental health issues.
- Allen was not faking or exaggerating his mental health issues.
- Allen had clear cognitive decline. Westcott said his thinking was slowed down, his problem-solving was low and Allen was stuck in a loop thinking over the same things.
- Allen had a clear distinction of decline in mental and physical health within four months of arriving at Westville. Westcott included psychosis in this, including hallucinations and delusions and "false beliefs about things that aren't true." The judge told the jury this was "not substantive evidence."
- Westcott diagnosed Allen with major depressive disorder (MDD).
- Westcott said that MDD and high levels of stress can cause psychosis.
A letter that Allen wrote on Nov. 9, 2022 was entered as evidence. The state objected. The defense said the goal of showing the letter was to show the jury Allen's thought process, not to share the contents of what he said. The judge allowed a redacted version of the letter.
"You can see their thought process," Westcott said of psychosis patients. She said the integrity of sentences was what she was looking for.
Westcott said she compared the Nov. 9, 2022 letter to Allen's confession letter in the spring of 2023. Westcott said the letter structures were different and that the thoughts were fragmented in the 2023 confession. Westcott said there was no grammar or punctuation. Westcott said Allen even signed the letter differently.
The defense attempted to enter a clinical MCMI test that was administered to Allen. The state objected that they did not get a detailed copy, only a summary. The defense said the state didn't take the time to depose Westcott in the last 18 months, and that the results were available to them for months. The defense said they asked for assessment tools and were told no. The judge sustained the objection, blocking the results.
Westcott said there was "no indication (Allen) wasn't telling the truth or not being straight forward" in her evaluation.
Westcott said Allen showed a strong fear of rejection and abandonment, and that Allen avoids conflict.
Westcott said she performed 25 different, objective tests on Allen. Westcott said they consistently indicated Allen had psychosis.
Westcott said someone is much more likely to enter psychosis when he is facing stress and/or anxiety.
Westcott said she started seeing changes between December 2022 and March 2023, with less emotional response and more mumbling.
Westcott said the most obvious latent psychosis symptoms were in April, May and June 2023.
Westcott said there was a decline in psychosis after June or July 2023.
"No indication of faking or any type of exaggeration," Westcott said.
Previous testimony from state's witnesses working at the Indiana Department of Corrections had mentioned "serious mental illness" (SMI) for Allen. Westcott said SMI is only used in prison. In clinical settings, they are called "severe mental illness" or "chronic mental illness." Westcott said Allen met those definitions before prison and while he was in prison.
Westcott said she received Dr. Monica Wala's notes. Westcott said the confession description reads like a story. Wala's notes about the confession seemed like there was a logical story with a beginning, middle and end. Westcott said she saw a discrepancy between Wala's notes and what Westcott saw in the suicide watch notes and video tape from the same day.
Westcott said that in psychosis or delirium, a person doesn't know what's real and what isn't because of changes in the brain.
The state objected, saying Allen was never diagnosed with delirium. The judge overruled the objection.
Westcott said someone put in solitary confinement for a long time with sensory deprivation can lead to delirium.
10:26 a.m. - Prosecuting attorney Stacey Diener began the cross-examination.
Diener said that Dr. Monica Wala saw Allen daily from December 2022 onward.
Westcott said the records show she did not see Allen daily.
Diener asked if Westcott reviewed 30 to 50 days of Walla's notes.
Westcott said, "Yes."
Diener asked who decided what notes Westcott received.
Westcott said she requested all notes from Westville Correctional Facility.
Diener asked if Westcott said there was sensory deprivation. Westcott said, "Yes."
Diener asked if Westcott was aware Allen could dim the lights. Diener asked if Westcott was aware Allen could leave his cell to have his vital signs checked.
Westcott said, "Yes."
Diener said she doubted Westcott reviewed all the records.
Diener said that Westcott claimed Allen made false statements. Diener asked how Westcott determined that.
Westcott said that for example, Allen said Satan killed the girls in one statement.
Diener asked how Westcott met with Allen at prison. Diener asked if Allen's attorneys were present.
Westcott said no, the defense attorneys were not there. Westcott said she went through security and met with the warden before performing her evaluation.
Diener asked if Westcott told Allen she was there for his defense attorneys. Westcott said she didn't think so.
Diener asked about the dependent personality disorder. She asked if, in the absence of his wife, Allen might have attached to someone else.
Westcott said that would be unusual. Westcott said DPD patients don't move their attachments from person to person unless the people are in the patient's inner circle.
Diener said that Allen told Wala "don't leave me" and "You are like my wife." Diener argued that Allen shifted his dependency to Wala.
Westcott said that wasn't necessarily because he shifted his DPD attachment.
Diener asked if that meant Allen didn't treat Wala as a confidant. Westcott said Allen likely didn't transfer his DPD attachment to Wala but did see her as a confidant.
Diener said that not all videos had a date stamp. Westcott said, "Yes."
Diener said Allen was seeing Wala and Dr. Martin to treat and diagnose him.
Westcott said she got to see notes and videos to supplement what the psychologist and psychiatrist were seeing.
Diener asked if Westcott gave the suicide companion notes any weight. Westcott said yes, a certain amount of weight.
Diener asked if Westcott was aware of the facts of the homicide investigation. Westcott said she was not familiar with all the facts.
Diener asked if Westcott was aware of "brief psychosis." Westcott said that psychiatric organizations no longer consider "brief psychosis" a real diagnosis.
Diener asked if everything a person says when in a psychotic state is distorted by the psychosis.
Westcott said most of what a person says or perceives while in a psychotic state is not consistent with the world others perceive around them.
Diener asked if a psychotic person could say something that is accurate.
Westcott said, "Yes."
Diener asked how Westcott decided what to put in her report and what to leave out. Diener asked why Westcott left out Allen's confessions on April 5, 2023 and May 3, 2023.
Westcott said Wala's report was a summary and not direct quotes. Westcott said her job was to identify Allen's mental health symptoms that would explain his psychotic state.
Diener said Westcott chose to leave out Wala's notes that Allen did not appear to be psychotic. Westcott said Wala's report does mention behaviors consistent with psychosis.
Diener said there was an amended report. Westcott said she didn't receive the amended report.
Diener asked if Westcott listened to all the phone calls Allen made to his wife. Westcott said she listened to phone calls but couldn't be sure if they were all of them.
A juror then asked Westcott if Allen had enough sense to fear for his safety, would he have enough sense to fake his mental condition? Westcott said Allen was expressing his fear before his psychosis.
A juror asked if Westcott watched the police interview with Allen. Westcott said, "No."
A juror asked if Allen had a diagnosis of full psychosis or a psychotic disorder with major depressive disorder. Westcott said Allen had psychosis.
A juror asked if objective testing can be interpreted in different/subjective ways. Westcott said, "No."
A juror asked if medical records have any objective testing for medications prescribed. Westcott said no, they just have small symptom scales that are subjective.
A juror asked if there was a difference between delusions or delirium. Westcott said a delusion is a false fact or belief. Delirium is when a person doesn't know who they are, where they are, the time of the day. Westcott said a delirious person doesn't have an accurate perception of the world around them.
Defense's 11th witness, Max Baker, an intern for the defense team
11:34 a.m. - The defense called their 11th witness, Max Baker, back to the stand. Baker compiled videos show Allen inside his cell at the Westville Correctional Facility. All of the video has time stamps and no audio.
The monitor was angled, as it was on Saturday, Nov. 2, so only the jury could see the video, which depicts Allen nude. Several jurors looked visibly upset and winced as they watch the video. One juror covered his mouth and looked away for much of the video, while shaking his head.
State's attorney Nick McLeland began the cross examination.
McLeland said that Allen was in a cell by himself. McLeland said Allen was safer there than in the general population.
The defense objected that this was foundational and the judge agreed, sustaining the objection.
McLeland asked how many videos Baker watched. Baker said he watched hundreds of hours.
McLeland asked why Baker would show these particular videos.
Baker said the videos show different aspects of his life in prison, including things that had been discussed in court. That included Allen eating feces and banging his head on the wall. It also showed a meeting with Dr. Wala, Allen showering, being tased and getting medical treatment.
McLeland asked if Baker chose the videos to show Allen in the worst condition possible, to get sympathy for Allen. "You did that to show Mr. Allen as the victim," McLeland asked.
"I wasn't trying to victimize him," Baker said. Baker said he wanted to show Allen as his life was in prison.
During redirect, defense attorney Brad Rozzi asked Baker, "did you choose these videos to show the jury the truth?"
Baker said yes.
During cross redirect, McLeland said that Baker didn't want the jury to see other videos.
Baker said that, as far as he could tell, McLeland didn't want the jury to see other videos either. Baker said McLeland objected. Baker said he was prepared to show other videos.
The jury asked Baker to confirm if the defense attorneys instructed him to show the worst videos. Baker said he had discretion and was prepared to show other videos until the state objected.
McLeland asked if Baker showed videos from the days Allen confessed. Baker said he didn't have the dates in front of him.
The jury then took a lunch break. Court is expected to resume at 1:30 p.m.
Defense's 13th witness, Jaime Jones, Richard Allen's sister
1:42 p.m. - Richard Allen's sister, Jaime Jones, is the defense's 13th witness.
Defense attorney Jennifer Auger asked "Did Richard Allen ever molest you."
Jones said no.
Auger asked if Allen had ever touched Jones in a sexual manner.
Jones said no.
Auger asked if Jones would lie for Allen.
Jones said no.
Defense's 14th witness, Brittany Zapanta, Richard Allen's daughter
(Editor's note - a previous version of this story reported that Zapanta said "no" when asked if she loved her father. This has been corrected to show that Zapanta said "yes," she does love her father)
1:45 p.m. - The defense's 14th witness is Brittany Zapanta, Allen's daughter.
Defense attorney Jennifer Auger asked "Did your father ever molest you?"
Zapanta said no.
Auger asked "Do you love your father?"
Zapanta said yes.
Auger asked "Would you lie for him?"
Zapanta said no.
State's attorney James Luttrell tried to ask if Allen went to the Monon High Bridge often. The defense objected, which was sustained.
Luttrell showed Zapanta and the jury photos of Allen. He asked if Allen's appearance changed before she went to college.
Zapanta said no.
Luttrell showed photos from 2014 through 2017 of Allen and asked if that's how Allen looked. Zapanta said they all looked like Allen in 2017.
The state tried to add more photos, but the defense objected and the judge sustained the objection.
The jury asked Zapanta if she visited the Monon High Bridge as a teen. She said yes.
Luttrell asked Zapanta if she had visited the Monon High Bridge with her father. She said yes.
Luttrell asked if Zapanta was scared. She said yes.
Defense's 15th witness, Shelby Hicks, who was on the trail the afternoon of the murders
2:02 p.m. - The defense's 15th witness is Shelby Hicks, who says she was on the trail the afternoon of the murders.
Hicks said she got to the trail around 2:30 p.m. A phone call from her father helps mark the time.
Hicks parked at a trail connector near a farm. Hicks said there were other cars but she doesn't remember how many.
Hicks said she hiked toward right halfway to the highway first, for about 10 minutes. Hicks said she then stopped and turned to walk toward the High Bridge.
Hicks used her deposition from April 20, 2024 to help refresh her memory.
Hicks remembered seeing two friends on the trail, Cheyenne and Shelby on the bridge, an older man and some kids.
Hicks remembered the older man had a camera.
Hicks got to the bridge before her friends and went out to a platform on the right side. Then she saw her friends cross the bridge and go to the other side.
Hicks said she saw an older man taking photos near the bridge as she approached.
Hicks said she was on the platform with her boyfriend before going back to her car.
Hicks doesn't remember if there were any cars in the lot when she returned.
Hicks estimated she was on the bridge 15-20 minutes. The next day her boyfriend wanted to go talk to police to tell them what they saw.
Defense attorney Andrew Baldwin asked if they heard anything that caused them alarm. Hicks said no.
Hicks said she was interviewed twice by police in February and March of 2017.
Hicks said police did not take her phone but she would have given it if asked.
2:27 p.m. - State's attorney Stacey Diener began cross examination.
Diener asked who Hicks' cell provider was. Hicks said Sprint.
Diener asked if Hicks had ever been to the other side of the bridge. Hicks said no.
Diener asked if Hicks left the platform before her friends returned. Hicks said yes.
A juror asked if the man with the camera was old. Hicks said yes.
A juror asked if Hicks arrived at the High Bridge around 2:55 p.m. or 3 p.m. Hicks said it was possible.
Defense's 16th witness, Steve Mullin, former Delphi police chief
2:30 p.m. - The defense's 16th witness is former Delphi police chief and current investigator for the Carroll County prosecutor's office, Steve Mullin.
Defense attorney Andrew Baldwin asked Mullin about the search for a 2011 to 2018 Ford Focus.
Baldwin asked why Mullin didn't want the jury to know how many models of Ford focus looked like the model Allen owned. Baldwin said Mullin only told the jury about a smaller number of vehicles.
Baldwin asked Mullin how many hatchback Ford Focus models people owned in the surrounding area in 2017, that had the same body type? Mullin said don't know.
Baldwin asked if Mullin logged all missing witness testimony.
Mullin said he attempted to log the names of all persons interviewed.
Baldwin said that was not what Mullin told the court on March 18, 2024. Mulin reviewed his testimony.
Baldwin said Mullin told the court he did not log missing testimony. So there were no logs from 2017.
Mullin said that is incorrect. Mull said since then he has gone back and recalled logs.
Baldwin said no logs of interviews that don't have audio?
Mullin said correct.
Baldwin said that wasn't what Mullin testified last week.
Mullin said correct.
Baldwin asked if Mullin was in the room with Harshman during Allen's interview. Mullin said yes.
Baldwin asked if there were and Reddit sites or Instagram posts about a white van. Baldwin said Dr. Wala said she frequently checked online sites and there were dozens of sites that mention a white van.
Baldwin asked if Mullin knew what Wala said or told Allen about a van.
Mullin said no.
Prosecutor Nick McLeland started cross examination. McLeland asked Mullin if Allen's admission to Wala was the first time the state heard about a van.
Mullin said yes.
A juror asked why anyone would discuss the van prior to Allen's confession that a van scared him. Mullin said the confession was why the state looked into it.
Defense's 17th witness, Brad Weber, who lives near the crime scene
2:53 p.m. - The defense's 17th witness is Delphi resident Brad Weber, who lives near the crime scene.
"I was upset with you because you tried to tell me what I did," Weber said.
Baldwin said that Weber's testimony that he went straight home didn't match what Weber told law enforcement.
"You told these officers you went to do work on your ATM machines," Baldwin said.
"I don't recall that," Weber said. Weber recalled a three day trip to see his parents in Arizona and returned Sunday before the murders.
"I have ATMs," Weber said.
Baldwin asked how many ATMs Weber has. Weber said at one point he had 30-something ATMs. Baldwin asked Weber to review his prior statement. Weber estimated 35 ATMs in his statement to police.
Baldwin asked Weber how often he had to tend to the ATMs. Weber said when they ran out of money. Weber looked at his deposition and said "I do something with ATMs every day."
Weber said he looks on a computer to see how much money is left in the ATMs, fills their cash and receipt paper himself. Weber said that in 2017, he got money from Regents Back.
Baldwin asked where the ATMs were. Weber said gas stations, taverns and restaurants in Indiana.
Baldwin asked what would necessitate the need to tend to an ATM machine. Weber said a lack of paper or money.
Baldwin asked if Weber was out of town for three days prior to the murders. Weber said yes.
Baldwin asked if Weber used a white van to service machines. Weber said a black Subaru.
Baldwin asked if FBI officers asked for details about where Weber ordered money for this ATMs.
Weber said he didn't even know who those people are.
Weber said on Feb. 13, 2017, he got off work and went straight home. Weber said Subaru chose for him to leave at 2:02.
Baldwin asked if this year someone had asked him to come talk to them.
Weber said yes.
Baldwin asked if it was Steve Mullin. Weber said it was "probably Steve."
Baldwin asked Weber what he told Mullin.
Weber said that on that day he drove his van to work. Weber said he dropped off a trailer and drove home.
Baldwin asked if Weber told investigators he drove a Subaru that day. Weber did not understand.
Baldwin asked if Weber's memory in 2017 is better than now. Weber said probably, he's getting older.
Baldwin asked what Weber did when he got home from work. Weber said he took a nap.
Baldwin asked if there were trespassers on Weber's property. Weber said yes. Baldwin asked if Weber confronted them. Weber said yes.
Baldwin asked if he could hear someone screaming on his property. Weber said if he was outside he would.
Baldwin asked if Weber heard any screams that day. Weber said no. Weber said he has a two story house and five out buildings on his property.
Baldwin asked if Weber gave police permission to check his house on Feb. 13. Weber said no, that was after Feb. 13.
Baldwin asked where Weber parked his vehicle. Weber said he parked van in the grass.
3:22 p.m. - Prosecutor Nick McLeland began the cross examination.
McLeland asked if Weber's memory was better in 2017 than in 2024. Weber said yes.
McLeland asked if Weber remembered talking to two officers. Weber said police searched his car and house and gave him a lie detector.
McLeland asked if Weber remembered police asking to search Weber's house and outbuildings.
Weber said yes. Weber said he was talking to police almost every day. He said one day they stopped and searched his car.
McLeland asked if, on Feb. 13, 2017, Weber got off work at 2 p.m. and went straight home. McLeland asked if Weber was awakened by police officer.
Weber said yes.
In redirect, Baldwin asked if Weber told FBI officers something different.
Weber said "according to you, yes."
A juror asked if Weber knew if ATMs would have photos or videos when Weber serviced them. Weber said the ATMs wouldn't but some of the locations would.
A juror asked if Weber usually goes home before servicing his ATMs. Weber said no.
A juror asked what the process is for Weber to clock out of work. Weber said a badge and turn-styles.
A juror asked which driveway Weber used to access his home. Weber said he used the one that goes under the Monon High Bridge sometimes.