DELPHI, Ind. — New court documents were filed Tuesday, Oct. 10, 2023, by both the prosecutor and defense attorneys for Richard Allen, the suspect in the Delphi killings of Abby Williams and Libby German.
The court documents are in reference to the defense's filing outlining why they believe the girls were "ritualistically sacrificed."
In a September filing, defense attorneys Andrew Baldwin and Bradley Rozzi claim three members of law enforcement looked into a possible connection to Odinists, which they described as members of a pagan Norse religion which has been hijacked by white nationalists, as being involved in the murders.
Prosecuting attorney Nicholas McLeland disputed those claims.
Correctional officers' claims
According to the court documents filed Oct. 10, the prosecutor spoke with two correctional officers at the Westville Correctional Facility who the defense team claims have ties to Odinism.
(NOTE: The correctional officers and warden have not been arrested or charged in connection to the Delphi murders case, so 13News is not using their names.)
Court documents say both correctional officers denied practicing Odinism but admitted to wearing patches on their uniforms that can be — but they said are not — associated with Odinism. The correctional officers said they stopped wearing the patches on their uniforms in September 2023 when they were asked to remove them. The correctional officers also claimed they were not part of a cult or a radical hate group.
One of the correctional officers said Norse Paganism Heathenry is his practicing religion.
In regard to their interactions with Allen, the correctional officers both said they've never threatened Allen and never had a one-on-one conversation with Allen about Odinism.
One of the correctional officers told prosecutors he went "above and beyond to not use any kind of force on (Allen), even though there have been times when use of force was justified by standard operating procedures." That correctional officer said Allen was tased twice between May 9 and May 25 because he did not comply with the officers' orders.
Warden's claims
The prosecutor also spoke with the acting warden of the Westville Correctional Facility, who said correctional officers were allowed to wear any patches on their vests until the allegations made by the defense team.
The warden also said the facility offers religious services if there are at least five people who practice the religion in the complex — and the facility has never held services related to Odism. And of the "very few inmates" that practice Odinism, the warden said none of those inmates are housed with or next to Allen.
Prosecutor's response to defense's motion to transfer Allen
The defense team previously filed an emergency motion to modify the safekeeping order on April 5, 2023, which was denied. Then, defense attorneys filed a motion to reconsider during a hearing on May 3, 2023, which the court denied again.
According to the prosecutor, Allen is being treated more favorably than other inmates housed at the Westville Correctional Facility, which is part of the Indiana Department of Correction.
The defense's latest motion accuses two correctional officers of "unjust and inhuman" treatment against Allen, which the prosecutor denies.
According to the prosecutor, Allen would be placed in the same kind of holding cell he is in now if he were to be moved to the Cass County Jail.
The prosecutor also claims the Indiana Department of Correction is more equipped to transport Allen back and forth to court dates in order to keep him safe and ensure he makes it to all future hearings.
Prosecutor's response to defense's motion for discovery deadline
The state believes it has turned over everything in their possession and has no objection to a discovery deadline.
According to court documents, the state said the defense's theory that the state is intentionally withholding evidence because it is exculpatory is not true.
The prosecutor also claims the defense team hasn't turned over any pieces of evidence from their investigation.
According to the prosecutor, when the state filed charges against Allen, the discovery was not in a format that could easily be provided to the defense, which the prosecutor clarified as all the paper documents had to be copied and scanned, and all of the external hard drives and reports from law enforcement had to be collected.
The state is asking the court to require the defense team to turn over any evidence they get and not dump all of the evidence on the state on Nov. 1, 2023, at 11:59 p.m.
Defense asks judge to quash prosecutor's request for medical records
Also Tuesday, Allen’s defense team submitted two motions asking the judge to deny the state’s request for the Department of Correction to turn over Allen’s medical and mental health records.
The defense argued those records contain private health information and have no impact on the question of Allen’s guilt or innocence related to the murders. The defense motion notes that it has not filed an insanity defense and that no one has requested a competency hearing, so, defense attorneys argue, Allen’s medical and mental health are not at issue.
The defense also says the DOC records are not “likely to lead to the discovery of admissible evidence,” so the prosecutor should not be allowed to have them.
On Sept. 25, the State asked DOC to turn over Allen’s medical records and exam results from the start of his stay at Westville Correctional Facility on Nov. 3, 2022. Prosecutors also asked for any “documents, recordings, notes videos and/or writings that the facility may have” related to Allen’s health.
The judge will decide whether to approve the defense’s motion to quash the subpoenas or to allow DOC to release that information.