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 17th day Wednesday.
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 Wednesday below:
Day 15 summary:
"Ladies and gentlemen, you've now heard all of the evidence in this case."
Judge Frances Gull uttered those words to the jury at 2:20 p.m. Wednesday, after 17 days of testimony in the Delphi murders trial.
After the defense rested its case, the state brought back two witnesses for more questioning, as well as prison psychiatrist Dr. John Martin, who met with Richard Allen after Allen was diagnosed as psychotic.
Allen did not take the stand in his own defense, and the jury was reminded that he is not required to testify and that cannot be held against him.
Thursday, jurors will hear closing arguments, and they’ll get their jury instructions before deliberating on a verdict.
9 a.m. - Shortly after 9 a.m. Wednesday, Special Judge Frances Gull entered the courtroom, with the jury entering just a few minutes later. Gull said to defense attorney Brad Rozzi, "Mr. Rozzi, you may call your next witness." Rozzi responded, "Your honor, the defense rests."
13News senior investigative reporter Bob Segall, who was in the courtroom, said the prosecutor, judge and jurors looked surprised by the development.
Carroll County Prosecutor Nicholas McLeland requested a sidebar with Gull. After about six minutes, Gull told jurors there are several more witnesses not yet available, so jurors would be given a break while waiting for additional state witnesses to arrive.
The defense said it had no more witnesses to call, while the state said it had some rebuttal witnesses.
Gull said she had proposed jury instructions to discuss with the state and defense, which she gave to both sides to review.
Rozzi confirmed that Richard Allen would not testify on his own behalf.
Gull said she was not expecting to have jury instruction conversations so soon.
There was a recess at 9:20 a.m. Except for defense attorneys leaving, everyone stayed in the courtroom due to uncertainty regarding state witness arrival times.
9:55 a.m. - The court went back on the record to discuss the proposed jury instructions. McLeland said the state had no objections. The defense said it wants until the afternoon to review the instructions about the credibility of confessions. The jury will be told they cannot hold Allen's decision to not testify against him.
Gull said she will allow 2 1/2 hours for each side for closing arguments. After that amount of time, the judge said she will remind the side gently to wrap up if they're still going.
Another recess began just after 10 a.m.
11 a.m. - The judge and jury returned after another recess.
State's witness, Breann Wilber
The state recalled witness Breann Wilber and asked her about the photos she took on the day of the murders. Wilber said she arrived on the Freedom Bridge at 12:25 p.m. that day, walked from the Freedom Bridge to the Monon High Bridge, and did not see any other young girls or "bridge guy." On cross-examination, her memory was questioned, and Wilber said police focused on the end of her walk.
State's witness, Brian Harshman
Then, the state recalled witness Brian Harshman, an Indiana State Police master trooper. McLeland contended that Allen was in the same type of one-person cell at Westville Correctional Facility, Wabash Valley Correctional Facility and Cass County, saying that the Cass County cell was a little bigger.
Harshman said there was no opportunity for Allen to have more interaction with people in Cass County than in Westville. Harshman said Allen loved communicating with neighbors in Westville and cannot communicate with neighbors in Cass County. McLeland asked if there have been issues with Allen in Cass County. Harshman responded that Allen has made threats to staff at Cass County. Rozzi objected, leading to the testimony about threats being stricken.
State's witness, Dr. John Martin
The state then called Dr. John Martin, a psychiatrist who treated Richard Allen in prison. Allen was an inmate and patient at Westville who got psychiatric services from Martin beginning on Nov. 22, 2022.
Martin began working at the Indiana Department of Corrections in 2020. He has 40-45 years of expertise provided psychiatric services to inmates. Beginning July 7, 2020, Martin was working a 40-hour week for IDOC and 20-hour week for the Illinois DOC. In November 2022, a psychiatrist at the Westville retired, and Martin took over once per week on Tuesdays.
Martin said he met Allen in November 2022. Martin was a contracted employee, not a IDOC employee. After his meetings with Allen and other inmates, he returned to his officer at a prison medical building to write notes in a computer system.
Martin said Allen came to Westville on Prozac, and he continued him on that because Allen was "stable." Martin said the prison medical staff notes which dates Allen takes medicines and which days he refused medicines. One exhibit presented was Martin's notes written about Allen showing his treatment. Another exhibit was medication logs and charters showing what medicines were prescribed for Allen.
Rozzi said there were lots of initials on the second exhibit from other medical staff. A prosecutor responded that the jury will hear about who the other initials are from. Gull accepted both documents as evidence.
The state asked about Allen's "safekeeper" status and the difference between statuses. Martin said Allen was kept in prison in solitary confinement to keep him safe. The state asked if Martin has experience treating people in safekeeper status. Martin responded that he only has experience treating safekeepers in the general population, not in solitary confinement.
Martin said there's an insinuation that solitary confinement means an inmate has done something wrong. "Mr. Allen had not done anything wrong and yet he was treated as if he had done something wrong. That was not right," Martin said.
The state asked Martin if he has experience working with inmates in solitary confinement. He said, "Yes." Martin said he had many meetings with the warden, medical staff, prison attorneys and others in order to do what they could to "make life a little more comfortable for (Allen) while he was in prison." "We did what we could to see that he was safe," Martin said.
Martin said he saw Allen in his cell and sometimes out of his cell. Martin said Allen came out of his cell for recreation and to make phone calls.
Rozzi asked if Martin only met with Allen between 13 and 18 times. Martin said, "Yes."
Martin then talked about a Nov. 8, 2022 assessment of Allen. Martin said he asked Allen a few questions and did a mental exam. "He was stable," Martin said, adding he did not see depression or anxiety despite his history.
Regarding a Nov. 29, 2022 exam, Martin said of Allen, "Everything seemed to be fine," and he saw no problems.
Regarding a Jan 24. 2023 exam, Martin said when he saw Allen, he needed Allen to sign consent for medications. Martin said informed consent was important to him. Allen signed consent for Prozac. Martin said that since Allen was doing well in January, protocol would allow him to see Allen again in April.
Martin said he saw Allen unexpectedly earlier in April due to a call from the prison.
On April 13, 2023, Martin said he was met by a warden and looked into Allen's cell, where Allen was lying naked on a mattress. Martin said feces was smeared on Allen, and he appeared to have eaten feces. Officers "dressed him" and took him to a shower stall and washed Allen down. He was then given a new gown and taken to a room with Martin for assessment.
Martin said his conclusion from that meeting was that Allen was psychotic. Martin said he gave Allen an anti-psychotic medicine to treat that. Martin was asked if Allen had a fair understanding of the situation and made the decision in his best interest. Martin said Allen's insight was insufficient and judgement was impaired, so he decided to give him a drug despite Allen's inability to give consent for an anti-psychotic.
Martin said he called the regional director from Centurion to have an emergency meeting the next day. During that meeting, Martin said three psychologists all agreed Allen was psychotic.
In what Martin described as Allen's "heigh of psychosis," Martin said Allen got a low dose of a short-acting injectable called Haldol, on April 15, 2023.
Beginning April 18, 2023, Martin said Allen got a long-acting dose of Haldol once every four weeks because he still seemed psychotic.
On April 25, 2023, Martin said Allen still seemed psychotic but Martin said he noticed improvement, such as not smearing feces noticing Martin as a doctor, asking for his wife, improved speech and eating meals.
On May 2, 2023, Martin said Allen seemed improvement, noting Allen was "coherent" and "denied hallucinations."
"There was no evidence I could see of psychosis," Martin said of the May 2 visit.
On May 8, 2023, Martin said, "(Allen) did not show any signs or symptoms of psychosis," noting Allen was getting reasonable sleep, denied having hallucinations, was eating most of his meals and was undergoing therapy.
Martin noted "no evidence of psychosis" on visits with Allen on May 23, 2023 and May 30, 2023.
In a visit on June 20, 2023, Martin decided not to give Allen any additional Haldol injections, stopping the medication.
In his closing, Martin testified that "(Allen) said to me, 'I would like to apologize to the families.'" Martin said Allen was not under pressure and said it on his own free will.
Martin noted the purpose of the Haldol injections was to get Allen back to reality.
During cross-examination, defense attorney Brad Rozzi had a sidebar with Gull.
Court started a lunch break at 12:30 p.m., resuming at 1:15 p.m.
1:15 p.m. - Rozzi's cross-examination with Martin continued.
Rozzi noted how Martin was terminated from his job in Florida, as well as involved in lawsuits involving people in solitary confinement.
Gull asked Rozzi to move on from discussing Martin's background.
Rozzi asked Martin if someone with a serious mental illness includes someone with major psychosis, which Martin said, "Yes."
Martin said he did not watch videos of Allen in his cell and did not have contact with Allen between January 2023-April 2023, which he said during that time, Wala would be better to make observations and assessments of Allen.
Rozzi asked Martin if Allen's situation was unique to Martin. Martin said, "Yes."
Rozzi played a video from Westville Correctional Facility on June 20, 2023. 13News reporter Samantha Johnson said the video was visible to two-thirds of the courtroom and showed Allen's chest secured, handcuffed at his waist and undergoing a medical exam.
In the video, Allen's face is expressionless, showing no emotion, dazed and staring as his head falls to his left shoulder.
Johnson noted that Allen started tearing up while watching the video in court, and some of his family members were heard crying as well. Rozzi said the video was 21 minutes long, but Gull allowed the video to be played for a few minutes.
Rozzi asked Martin to confirm if the same man in the video was Richard Allen, which Martin said, "Yes."
During the state's redirect, Martin confirmed he had a conversation with Allen on June 20, 2023, and said Allen was "oriented." Martin claims the interaction was different than the video just shown in the courtroom but didn't have an explanation as to why it was different.
The jury asked Martin what time he met with Allen on June 20, 2023, which Martin said, "I don't remember. Early in the morning," and Martin said Allen did not faint that day or was under psychosis that day.
Gull then told the jurors, "You've heard all the testimony in this case."
Gull instructed the jury that they must not consider Allen not testifying as a factor in their decision.
Defense attorney Andrew Baldwin asked for an arrest warrant for third-party suspect Elvis Fields to testify.
"I want Mr. Fields to be on the stand, answer some questions and see what he says," Baldwin said. "Who knows what he might say."
The court is in recess.
Closing arguments begin Thursday morning.