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Should a jury hear an alleged confession at the Delphi murders trial?

On the second day of a July hearing, the prosecution says Richard Allen confessed to killing Abby Williams and Libby German while being held in a state prison.

DELPHI, Ind. — On the second day of a hearing on the Delphi Murders, attorneys are debating whether more than 60 statements, including alleged confessions by the suspect, Richard Allen, can be used during the trial. 

The prosecution says that multiple people, including inmates, guards and the warden, heard Allen confess to killing Abby Williams and Libby German. He reportedly made those confessions while he was being held at Westville State Prison. 

In the hearing July 31, the former warden of the prison said Allen confessed to him as he was walking past his cell. An investigator at the prison, says her staff logged two separate confessions from Allen. 

Allen has been housed at maximum security state prisons since his arrest in October 2022, first at Westville and then at Wabash Valley Correctional Facility.

His lawyers have argued that Allen did not make the alleged confession voluntarily. The defense claims he was coerced by guards and that he was suffering from mental illness at the time.

Allen's attorneys are asking special judge Frances Gull to suppress the statements, which would prevent a jury from hearing them. 

Gull took a motion by prosecutors to dismiss the defense's motion, under advisement. 

RELATED: Prosecutors and Richard Allen's attorneys clash over information sharing at Delphi murders hearing

Credit: WTHR

Another motion to suppress

The court is expected to take up another motion to suppress today, as well. 

It regards anything Allen said to an Indiana State Police detective during a conversation just before he was arrested October, 26, 2022. Allen and his wife when to a police post in West Lafayette to pick up their car that had been seized during a search earlier that month. Allen spoke with ISP officer Jerry Holeman just before his arrest.

The Court may also consider a question from the prosecution about whether it can use statements from an IDOC psychologist who met with Allen.

RELATED: Delphi murders | Indiana Supreme Court refuses to remove special judge Frances Gull

Three day hearing

Thursday, the Court says it expects to deal with the questions surrounding what names and topics jurors will and will not be allowed to hear about, without prior permission from the judge. The prosecution has a long list of items it wants to be off-limits, including Odinism, ritualistic killings, geofencing of phone data and a list of names of people tied to the case.

On Tuesday, the court heard arguments about moving Allen from the state prison where he is being held, to a jail closer to his family and attorneys. Allen's attorneys also argued the prosecution wasn't providing them timely and organized information. They also asked Judge Gull to dismiss the entire case over issues with evidence. You can read our full summary here. 

Allen’s trial is scheduled to start Oct.15.

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