DELPHI, Ind. — Richard Allen's attorneys want their planned defense kept secret from everyone including the prosecutor in the Delphi murders case.
On Dec. 12, the special judge approved that request for private hearings.
In a filing to the court, Allen's attorneys asked for funding for the cost of experts. His attorneys point out that Allen does not have the money needed to help in his defense.
Allen's attorneys also asked for the judge to order court personnel and court reporters to keep any information in the court hearings confidential.
(NOTE: The above video is from a previous report on the issuing of a gag order in the Delphi murders case.)
A special judge already issued a gag order in the Delphi murders case against Richard Allen. The order prevents everyone involved from speaking publicly on the case.
Involved parties, counsel, law enforcement officials, court personnel, the coroner and family members are not allowed to speak publicly on the case.
A hearing is scheduled for Jan. 13, 2023 at 10 a.m. in the Carroll County Circuit Court. At that hearing, the judge will review the order to decide if it should remain in place.
Anyone who violates the gag order could be held in contempt of court and is subjected to a fine and/or incarceration.
The special judge previously ordered the release of a redacted version of a document detailing the reasons for charging Richard Allen in the 2017 murders of Libby German and Abby Williams in Delphi.
Below is the 12 pages of court documents Allen Superior Court Judge Frances C. Gull issued to be released, including the decision to release a redacted version, murder charges and probable cause affidavit.
NOTE: The probable cause affidavit refers to the girls only as "Victim 1" and "Victim 2" throughout. It references audio and video from Victim 2's cellphone. Investigators previously shared the audio and video released to the public came from Libby German's phone. Therefore, Victim 1 is Abby Williams and Victim 2 is Libby German.
Here are new details from the probable cause affidavit on the Delphi murders:
- In the video recorded from German's phone, one of the victims mentions "gun."
- Investigators spoke with three juveniles, who said they were walking on the Monon High Bridge Trail Feb. 13, 2017 and saw a man walking from Freedom Bridge toward the Monon High Bridge. One of the witnesses described the man as "kind of creepy." One of the witnesses told investigators she said "hi" to the man, but he just glared at them. One of the witnesses said the man had something covering his mouth. One of the witnesses said the man they saw matched the description of the photograph of the man seen on German's phone.
- Another witness said she was on the trails Feb. 13, 2017, with video from the Hoosier Harvestore confirming her vehicle near the entrance at 1:46 p.m. She told investigators she saw four girls walking on the bridge as she was driving underneath on her way to park. The witness said she also saw a man matching the one in German's video. Then, the witness said she saw two girls walking toward Monon High Bridge, believed to be German and Williams. The witness said she didn't see any other adults than the man on the bridge. When she was driving away, she said she saw a vehicle parked in an "odd manner" at the former Child Protective Services building, with the vehicle backed in near the building.
- A witness told investigators he saw a small, dark-colored SUV parked on the side of the old Child Protective Service building Feb. 13, 2017, and believed the vehicle was backed in to conceal the license plate.
- A witness said she was driving east on 300 North on Feb. 13, 2017 when she saw a man wearing a blue-colored jacket and blue jeans, who was muddy and bloody. The witness told investigators it appeared he had gotten into a fight.
- Investigators spoke with Richard Allen in 2017, who said he was on the trail from 1:30 p.m. to 3:30 p.m. on Feb. 13, 2017. He said he parked at the old Farm Bureau building — which was later confirmed to be the former Child Protective Services building — and saw three girls at the Freedom Bridge. Allen told investigators he did not speak with the girls as he walked from the Freedom Bridge to the High Bridge.
- Investigators said the description of the vehicle parked at the former Child Protective Services building was similar to a 2016 black Ford Focus that Allen owned. A vehicle that resembled Allen's 2016 Ford Focus was also seen on video going west on County Road 300 North at 1:27 p.m.
- Allen was again interviewed by investigators on Oct. 13, 2022. He again told them he was on the trail Feb. 13, 2017. Allen said he saw girls on the trails east of Freedom Bridge before he went to the Monon High Bridge to watch the fish.
- Investigators executed a search warrant of Allen's home Oct. 13, 2022, where they found jackets, boots, knives, and guns.
- The Indiana State Police Laboratory performed an analysis on one of Allen's guns, a Sig Sauer Model P226. Investigators confirmed an unspent round found within 2 feet from German's body came from this gun.
- Investigators confirmed Allen purchased the Sig Sauer Model P226 in 2001.
- Allen voluntarily went to the Indiana State Police post Oct. 26, 2022, and told investigators he never allowed anyone to use or borrow the Sig Sauer Model 226. He did not have a reason why the bullet was found between the victims' bodies.
- A Carroll County Sheriff's Department detective, who has been part of the investigation since it started, believes the evidence gathered shows that Allen is the man seen on the video from German's phone who forced the girls down the hill.
- Investigators believe Allen was not seen on the trail after 2:13 p.m. on Feb. 13, 2017, because he was in the woods with German and Williams.