DELPHI, Ind. — The defense team for the Delphi murders suspect said the judge in the case hasn't ruled on its motions in an appropriate period of time and is asking the Indiana Supreme Court to appoint a special judge.
The attorneys for Richard Allen, who is accused in the 2017 murders of Abigail Williams and Liberty German, claim in a new court filing that special judge Frances Gull said on May 7, 2024 that she would rule upon two defense motions (a third and fourth Franks motion).
But the attorneys said Gull has not ruled on the motions, stating it's been 119 days since the third Franks motion, 72 days since the fourth and 64 days since the judge said she would rule.
In the motion, the defense team said Indiana trial rules state that if the court doesn't set a hearing or rule on a motion within 30 days, the submission may be withdrawn from the judge and transferred to the state Supreme Court for the appointment of a special judge.
"The (Chief Administrative Officer of the Indiana Office of Judicial Administration) shall submit the case to the Supreme Court of Indiana for appointment of a special judge or such other action deemed appropriate by the Supreme Court," the defense writes in the filing dated July 11.
New pre-trial hearing dates set
The judge in the case set new court dates for Allen's pre-trial hearing.
Following the cancellation of the originally scheduled three-day hearing back in May, Gull re-scheduled the pre-trial hearing to July 30, July 31 and Aug. 1.
The hearings will tackle nearly a dozen different motions from both the prosecutor and defense on various issues, including motions to suppress evidence and other motions to admit evidence.
These hearings will not include the unusual motion the defense filed in mid-June, in which they once again asked Gull to step down because they intend to call her as a witness in the future.
The defense said testimony from Gull will be important to show that law enforcement has acted in bad faith, violating Allen's constitutional rights, and they claim the judge has direct knowledge about that.
Gull has not yet responded to the defense's claims.
Back in May, Allen's trial was moved to Oct. 14-Nov. 15, 2024.
