DELPHI, Ind. — Defendant Richard Allen was back in court Thursday for an important day of hearings in the Delphi murders case.
Allen was arrested last October and charged with the murders of teenagers Abby Williams and Libby German, whose bodies were found near the Delphi Monon High Bridge in February 2017.
During the June 15 hearing, the defense attorney and prosecutor both mentioned "incriminating" statements that Allen allegedly made while in prison.
The prosecution said Allen “confessed five or six times to killing the girls.”
The defense team said the vague statements are inconsistent with Allen’s previous statements of denial.
The judge set Allen's trial date for Jan 8-26, 2024.
Another big development that came out of the hearing is that the motion to dismiss the ballistic evidence will be considered at a later date.
The state’s probable cause affidavit says the Indiana State Police crime lab tested a gun found inside Allen’s home, and test results show that same gun is linked to an unfired bullet that investigators found between the bodies of the two teenage victims.
Allen’s attorneys have raised questions about the science used to link the gun to the bullet at the crime scene.
The focus for the hearing then shifted to whether or not Allen should stay in a state maximum security prison. His defense team argued that Allen is being treated much different than other defendants and that treatment is impacting both Allen's mental and physical health, as well as his ability to assist in his own defense.
The original safe-keeping order in November was based on the chief at the time over concerns the Carroll County Jail could not hold Allen safely. He admitted during testimony that his concerns were based on the possibility of threats and not on any actual threat made against Allen or the sheriff's department.
Max Baker, an IU undergrad student who is an intern for the defense counsel, testified about extreme conditions Allen is enduring in prison. Baker and the defense attorney said Allen is being treated like a "dog" because he is transported through Westville Correctional in chains around his hands, legs and stomach, in addition to prison guards escorting him with a metal chain leash attached to Allen.
Baker said during recent visits with Allen, the defendant was chained throughout the visit, which was videotaped by prison staff. Baker also said that Allen's physical and mental health has deteriorated significantly to the point where he is not able to actively participate in his own defense.
Captain Gary Lewis, who oversees the maximum security unit at Westville Correctional, testified that Allen is the only pre-trial inmate currently in his facility and the only pre-trial inmate he is aware of at the Westville Correctional Maximum Security Unit in the five years since he has been with the unit. Lewis also said that Allen is not being treated differently than any other maximum security inmate.
Allen's defense attorney said he had previously worked out a plan for Allen to be moved to the Cass County Jail, but that plan is being opposed by the prosecutor. The Cass County sheriff said in court Thursday morning, "We don't want him" because of the additional security issues involved with housing a high-profile inmate, but he said that his facility is well suited to house Allen. The sheriff said he is willing to accept Allen if ordered to do so by the court. The Cass County Jail is only 20 minutes from Delphi and provides much easier access for attorneys to meet with their clients, according to the sheriff.
The judge took the matter under advisement and could make a decision at a later point.
The judge announced she will be unsealing multiple documents next week. The announcement comes after 13News appealed to both the judge and the Indiana Supreme Court Administration to release the documents that include multiple motions and filings in the case.
Allen walked into the court under heavy security, escorted by two police officers. At one point, Allen appeared unsteady – prompting one of the officers to move to hold his arm more tightly to provide support. Allen appears noticeably more frail and has lost considerable weight since his first court appearance last fall. His wife removed her glasses and wiped away tears when she saw him walk into court.
The family of Abby Williams and Libby German were also in the courtroom.