DELPHI, Ind. — An inmate at the Westville Correctional Facility, where the Delphi murders suspect is being held, stepped back on speaking about Richard Allen's alleged abuse by guards due to "my safety and fear for my life."
Allen is accused of killing Libby German, 14, and Abby Williams, 13, in Delphi, Indiana, in February 2017.
Robert Baston, who is serving a 40-year sentence for child molestation in Ripley County, said he was housed in the cell above Allen.
According to documents released Thursday, Baston initially agreed to speak with Allen's former attorneys, Andrew Baldwin and Bradley Rozzi, during a hearing June 15 in Carroll County of the mistreatment by "corrupt sergeants and officers and administrative staff and mental health professionals."
In Baston's letter addressed to the Carroll County Clerk of Courts, Baston claims he has seen Allen being abused and mistreated by Westville correctional officers and staff, which Baston said has affected Allen's health and mental health.
Baston wrote in his letter that he took notes on how and when Allen was being mistreated. Baston said these notes were either "destroyed or lost or taken due to the incriminating recorded dates and times."
The day before Baston was supposed to go to the Carroll County Circuit Court, sheriff's deputies said Baston refused to leave his cell or be transported to Carroll County for the hearing.
Judge Frances Gull was told of Baston's refusal to go to the hearing, which Gull said Baston did not have to attend if he did not want to anymore.
What's next
The Indiana Supreme Court has ordered Gull to provide a transcript of the in-chambers proceeding Oct. 19, when Allen's former attorneys say they were coerced to resign.
As part of the Indiana Supreme Court's order, it gave Gull until Nov. 16 to provide the in-chambers transcript or a response to why she does not want to provide it.
Gull responded with a filing asking the Indiana Supreme Court for an extension until Nov. 27 to respond to the transcript request. As part of that, she also wants until Nov. 27 to respond to the Allen's civil attorneys' request that she be removed from the case and Allen's original attorneys reinstated.
Gull cites needing more time because the Indiana attorney general has declined to represent her, and she had to hire her own attorney to defend this Writ of Mandamus against her.
Allen's civil attorneys, Mark K. Leeman and Cara Schaefer Wieneke, previously filed a brief "to ensure that, going forward, Richard Allen receives his fundamental right to counsel."
In the brief, the attorneys are asking for the following:
- Reinstate attorneys Andrew Baldwin and Bradley Rozzi as Allen's court-appointed counsel
- Set a trial date within 70 days from the issuance of the writ of mandamus
- Remove Special Judge Frances Gull and appoint a new one
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."
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.