DELPHI, Ind. — The legal battle surrounding the Delphi murders case is becoming more personal. The prosecutor wants the defense attorneys held in contempt of court. At the same time, the defense is asking the special judge to remove herself from the case.
"It is somewhat of a soap opera," said Indianapolis longtime defense attorney Ben Jaffe, who offered his legal opinion on the latest court filings. "It's definitely become something where people are watching for what's going on between not the parties in terms of the accused and the state. But now, it's all the players have sort of become actors, unfortunately, in this drama that everyone's kind of tuning into now."
None of this legal wrangling deals with the real issue on trial: the murders of Libby German and Abby Williams in February 2017 and whether Richard Allen is responsible. Allen's jury trial is scheduled for October.
But right now, Judge Frances Gull must deal with two motions filed this week. Carroll County Prosecutor Nick McLeland filed a motion that argues that defense attorneys Bradley Rozzi and Andrew Baldwin should be held in contempt of court for what he calls a "trend" of "not being completely honest with the court." The prosecutor said the attorneys violated the gag order in the case by issuing a press release Dec. 1, 2022, proclaiming Allen's innocence. McLeland also points to information, including crime scene photos, leaked to the public through Baldwin's office.
Mitch Westerman, a former employee of Baldwin's law firm, faces a misdemeanor conversion charge for his role in evidence in the case going public. Westerman admitted to investigators that he took photos of evidence in a conference room in Baldwin's Franklin, Indiana law office, then gave those photos to someone else before they eventually were published on social media.
The prosecutor said the investigation into Westerman discovered evidence that Baldwin talked candidly to Westerman about the case, the judge, and the prosecutor, "displaying free flow of information that is protected by the Court's Gag Order and the Order protecting discovery."
Jaffe believes the prosecutor makes a strong case for sanctions against the defense attorneys.
"When you've got a gag order, evidence that is sealed or something like that, you have to respect that," Jaffe said. "The judge is definitely going to have to take a look at what kind of remedies are there to ensure that it's enforced and that people understand this is a serious matter."
Rozzi and Baldwin could face court reprimand, fines, or even jail time if found in contempt by Gull.
At the same time, the defense is asking that Gull remove herself from the case, alleging she has shown bias and prejudice and cannot be impartial after she accused Allen's attorneys of "gross negligence" and forced them to resign before the Indiana Supreme Court reinstated them Jan. 18.
"As much as a headache as this probably is for her – this is not a fun case for her to be on – she's certainly not looking to get herself out of this problematic case or this very difficult case," Jaffe said. "I think she probably appreciates someone is needed on this with a lot of experience and someone that's able to sort of handle the personalities."
If Gull does not remove herself, Jaffe expects the defense to take an appeal right back to the Indiana Supreme Court.