DELPHI, Ind. — Richard Allen's attorneys are accusing the prosecution of not turning over evidence in the Delphi murders case and are asking the state to sanction the prosecutor.
In a filing, the attorneys claim the prosecution missed a Dec. 14, 2022 deadline by months for turning over evidence — or never turned evidence over at all — in the deaths of Libby German and Abby Williams.
Additionally, the defense claims the prosecution provided some of its evidence only when the defense learned it existed and specifically requested it. Allen's attorneys claim that evidence included video of interviews with people during the police investigation and data and images from German's cellphone.
The defense claims the prosecution has still not turned over data, reports and other images of the Monon High Bridge from German's phone taken on Feb. 13, 2017.
Allen's attorneys claim the prosecutor has offered no explanation for the delays or any reason for allegedly not providing some pieces of evidence.
The defense claims this has delayed and potentially hurt its strategy of looking into Odinists as possibly being behind the murders.
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The defense believes some of the evidence not provided — or was greatly delayed in being provided — will help clear their client.
Other evidence the attorneys noted includes geofencing data that the defense claims shows "multiple people who appear to have either been at the crime scene, or within 60 yards to 100 yards of the crime scene, during the very times when the victims were purportedly being murdered, according to the State's time line provided in the probable cause affidavit." When the defense requested data on the geofencing map, Allen's attorneys claim the prosecution told them "that no such documents exist."
The defense claims that none of the phones or people associated with those phones — shown on the geofencing — "have any affiliation with Richard Allen."
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Allen's attorneys asked the court to compel the prosecution to turn over all relevant evidence it might have in the case no later than March 18, 2024. The evidence requested includes reports about how video of interviews in the days after the murders were deleted; any video, audio or notes on interviews with German's father and other family members of the victims — if police interviews were ever done.
The defense ends its motion by asking for the prosecution to be sanctioned for violations in providing evidence discovery to the defense. Specifically, they say if the evidence issues cause delays in the start of the trial, the delays should be attributed to the prosecutor rather than the defense.
The jury trial for Allen is now set to take place May 13-31, 2024. The trial was previously scheduled to begin Oct. 15.
13News has learned jury selection will begin on May 13 and will take place at the Allen County Courthouse. Once the jury from Allen County has been selected, the trial will shift to Carroll County for opening arguments and continue there through the verdict.