DELPHI, Ind. — The Delphi murders trial might now begin much sooner than expected.
Wednesday morning, attorneys for defendant Richard Allen filed a motion for an early trial, and that motion triggers a new clock that starts ticking immediately.
Allen is accused of killing Abigail Williams, 13, and Liberty German, 14, in February 2017.
Indiana court rules require that a trial for a defendant held in jail on a pending charge be commenced no later than 70 calendar days from the date of the motion for an early trial.
"It's a right, it's an absolute right under Indiana Criminal Rule 4 for a criminal defendant to request an early trial deadline, and once that deadline is requested, the court has an obligation to set a deadline within 70 days or set a deadline the 70th day from the date of filing. That means the trial has to be held before that day. It's not a discretionary decision, it's required," said Katie Jackson Lindsey, a defense attorney and 13News' legal expert.
The only exceptions that would allow a judge to set a trial date beyond the 70-day requirement are for delays due to congestion of the court calendar or an emergency, if the defendant is released from jail before the expiration of the 70-day period, or if the defendant’s own actions delay the trial.
Such delays are unlikely.
Allen is unlikely to be released from custody prior to his trial because he is charged with two counts of murder, and special Judge Frances Gull has been granted permission, if needed, to bring in other judges to hear her cases in Allen County so that she can prioritize the Delphi trial.
Allen's trial is currently scheduled to begin Oct. 15.
The new motion would require Gull to set the trial’s start date no later than May 15.
Jackson Lindsey says moving the trial date up could benefit Allen.
“If we recall the narrative that we've heard pretty consistently from the defense team, it's that they don't believe that the state has the evidence to convict Richard Allen. They do not believe that he is the perpetrator of the crime, and so you certainly don't want to give them additional time to build a case against him, if the case is not there already,” Jackson Lindsey told 13News. “I think it signals this defense team is ready.”
Allen has been in prison for more than 16 months. His attorneys have repeatedly said they believe Allen is innocent and that he should not be held in a maximum-security state prison while awaiting his trial.
They previously indicated plans to request a speedy trial as a legal strategy to catch the Carroll County prosecutor off-guard, but that strategy was thwarted when Gull kicked public defenders Brad Rozzi and Andrew Baldwin off the case for alleged inappropriate conduct.
The Indiana Supreme Court did not find evidence of such conduct and reappointed the defense attorneys, who have stated they do not believe Gull can be impartial and have requested for her to step down.
The judge has declined to step aside and has set a March 18 hearing date to consider several key issues leading up to the trial.