DELPHI, Ind. — The judge in the Delphi murders case and Indiana Attorney General's Office are arguing the Indiana Supreme Court should not grant Richard Allen's request to reinstate his original defense team and remove the judge.
Allen's civil attorneys also asked the Indiana Supreme Court to set a trial date within 70 days of it making a decision.
In her argument, Judge Frances Gull claims she made her decision to remove Allen's original defense team for gross negligence and because she believes they compromised his defense. She claims an argument against her decision was never made in the trial court. Additionally, she said if it had and she had made a ruling, Allen's attorneys could then have appealed her ruling, instead of going directly to the supreme court in this case.
Gull argues Allen's right to choose attorneys Andrew Baldwin and Bradley Rozzi to represent him is outweighed by his right to effective assistance of counsel.
Respondent acted well within her discretion to remove Baldwin and Rozzi over Relator’s objections. The record supports that the trial court could reasonably conclude Baldwin and Rozzi committed multiple violations of the Rules of Professional Conduct, compromised Relator’s defense, and that “the totality of the circumstances demonstrate[d] gross negligence and incompetence on the part of the defense team.”
She argues the request to have a trial within 70 days of the Indiana Supreme Court's decision should not be granted as Allen's current defense team asked for the trial to be pushed back to October 2024.
In its argument, the attorney general's office said Allen's attorneys' claims were not clearly presented to the trial court and seeking an appeal court decision on it would be adequate. Essentially, there are other steps to be taken before requesting the Indiana Supreme Court to make a decision.
Additionally, the AG argues Allen's original defense attorneys, Baldwin and Rozzi, could have argued against possible removal at an Oct. 19 hearing, instead stating in the judge's chambers they would withdraw under accusations of negligence and incompetence, including an evidence leak.
Additionally, when Baldwin and Rozzi tried to appear as Allen's attorneys at an Oct. 31 hearing, neither provided additional evidence or arguments to rebut the court's allegations, the attorney general claims.
"The court’s discretionary decision could be reviewed on appeal with a complete record, but the limited review in this action is inappropriate," the AG's office argues.
Allen's civil attorneys' calls for the judge's removal and a trial within 70 days of the Indiana Supreme Court's decision, is inappropriate as it would keep the judge or a replacement judge from holding possibly necessary hearings before trial, the AG states. Additionally, Allen's civil attorneys have not presented their requests to the trial court, which would allow them to appeal if they disagree with the ruling.
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Allen is accused of killing Abigail Williams, 13, and Liberty German, 14, in February 2017.
In an Oct. 31 hearing, Gull told Allen, "I cannot and will not allow these attorneys to represent you." She then disqualified Baldwin and Rozzi from representing him – even pro bono. Gull said Baldwin and Rozzi engaged in "gross negligence," which they said, "that's the court's opinion."
"I'm sorry that this has happened, Mr. Allen," Gull said at the Oct. 31 hearing.
Allen's recently-appointed public defenders, William S. Lebrato and Robert C. Scremin, asked the judge to push his trial back. It was originally set for Jan. 24, 2024, but is now set for Oct. 15-31, 2024.