INDIANAPOLIS — The Indiana Supreme Court issued a ruling Thursday afternoon that Richard Allen's original attorneys would be reinstated. Additionally, the special judge will be able to continue presiding over the case.
The ruling came just hours after a hearing at the Indiana Statehouse in Indianapolis — not in Carroll County where Richard Allen is charged with the 2017 murders of Delphi teenagers Abby Williams and Libby German.
The decision reads, in part:
"Having considered the written submissions and having heard the arguments of counsel, a majority of the Court votes to GRANT the petition for writ as to Relator’s request to reinstate attorneys Baldwin and Rozzi as his court-appointed counsel. The Court unanimously DENIES all other relief sought."
Among the requests denied by the Supreme Court, removing special judge Frances Gull and having the trial within 70 days.
The decision did allow for Allen to have his originally appointed public defenders, Andrew Baldwin and Brad Rozzi, reinstated.
Gull chose to dismiss attorneys Baldwin and Rozzi in October following a leak of Delphi crime scene photos from Baldwin’s law office. According to court records, a former employee of Baldwin’s law firm admitted that he took pictures of the Delphi crime scene photos while visiting the office and did so without Baldwin’s permission or knowledge. That former colleague is now criminally charged in connection with the leak.
Gull claimed the leak was one of several examples of Baldwin and Rozzi acting with gross negligence in their defense of Allen. She also accused them of making false statements as justification for her decision to remove Allen’s defense counsel and to replace them with new public defenders.
With Allen's original attorneys reinstated, it is not yet clear if his trial will be moved to an earlier date. It had been moved from January to October 2024 after his original attorneys were removed by the judge.
Allen's attorneys released a statement after speaking with his family:
"On behalf of Richard Allen, Mark Leeman and I (Cara Wieneke) are very pleased with the Court's order today and with how quickly the Court issued a decision. I spoke with Rick's wife earlier, and she is happy and relieved that Rick's attorneys have been reinstated."
Live updates:
12:03 p.m. - The hearing has ended.
11:58 a.m. - "Our client has been clear on what he wants. And this is what we’re willing to do to protect his rights," civil attorney Mark Leeman said, while also claiming special judge Frances Gull and the Indiana attorney general are seeking to create ambiguity when he says none exist.
11:55 a.m. - Civil attorney Mark Leeman is back for rebuttal.
11:45 a.m. - Attorney Matthew Gutwein concludes his argument. Angela Sanchez, chief counsel of appeals for the Indiana attorney general, is speaking on behalf of special judge Frances Gull.
11:40 a.m. - "(Richard Allen) wants these attorneys. We're spinning and spinning and spinning on this and delaying this, but he wants these attorneys," Indiana Supreme Court Justice Loretta Rush said. "I'm really struggling why he can't make this decision that's in his best interest and get this case moving again."
11:33 a.m. - "There's a way you do it, and it does not appear this was done the proper way," said Indiana Supreme Court Justice Loretta Rush in addressing special judge Frances Gull's removal of attorneys Andrew Baldwin and Bradley Rozzi as Richard Allen's defense team.
11:30 a.m. - Attorney Matthew Gutwein says the Indiana Supreme Court should deny Richard Allen's attorneys request to remove special judge Frances Gull from the case because Gutwein says the decision to remove attorneys Andrew Baldwin and Bradley Rozzi was exercised on discretion, and Allen's remedy's on appeal or not fully inadequate.
11:25 a.m. - Civil attorney Mark Leeman concludes his opening statement. Attorney Matthew Gutwein, on behalf of special judge Frances Gull, begins his argument.
11:24 a.m. - "If we do not get something done now, the victims are going to be hurt, the public's going to be hurt, the entire Indiana judiciary is going to be harmed because this trial's been pushed back to October," civil attorney Mark Leeman said.
11:20 a.m. - "The inadvertent disclosure of pretrial discovery would have nothing to do with the trial strategy that attorneys (Andrew) Baldwin and (Bradley) Rozzi developed with him and would have no impact on that case," civil attorney Mark Leeman said.
11:13 a.m. - "My client is entitled to a jury trial with effective layers that he spent a year and three months developing a well thought out strategy of third party guilt in a speedy trial to catch that prosecutor on their back foot," civil attorney Mark Leeman said in insisting Richard Allen be allowed to choose his defense team. "The judge exceeded her authority."
11:01 a.m. - Civil attorney Mark Leeman, on behalf of Richard Allen, speaks first in requesting special judge Frances Gull's removal from the case.
11 a.m. - The hearing has started.
Previewing Thursday's hearing
Longtime defense attorney and 13News legal analyst Katie Jackson-Lindsay says it is highly unusual that the state’s highest court is intervening in a murder case before the trial has even started.
“I think everything about the case is out of the ordinary, and it is extraordinary what they’re asking the court to do,” Jackson-Lindsay said.
Allen is asking the Supreme Court to take action after special judge Frances Gull removed two public defenders originally assigned to represent him.
Gull chose to dismiss attorneys Andrew Baldwin and Brad Rozzi in October following a leak of Delphi crime scene photos from Baldwin’s law office. According to court records, a former employee of Baldwin’s law firm admitted that he took pictures of the Delphi crime scene photos while visiting the office and did so without Baldwin’s permission or knowledge. That former colleague is now criminally charged in connection with the leak.
Gull claimed the leak was one of several examples of Baldwin and Rozzi acting with gross negligence in their defense of Allen. She also accused them of making false statements as justification for her decision to remove Allen’s defense counsel and to replace them with new public defenders.
The shakeup with Allen’s defense caused a lengthy delay in the trial, which was scheduled to begin this month. Instead, Allen’s trial is now delayed until October 2024.
Rozzi and Baldwin insist they did nothing wrong and have offered to continue representing Allen for free. Allen wants his original defense team reassigned to the case, and he is asking the Indiana Supreme Court to do three things:
- Reinstate Allen’s original public defenders
- Replace Judge Gull with a different judge for the remainder of the case
- Set a speedy trial date within 70 days
Jackson-Lindsay says oral arguments presented Thursday morning to the five Supreme Court justices will focus on one central theme.
“At the heart of it all, their job is to determine whether Richard Allen's rights are being … preserved and protected or are his rights being violated,” Jackson-Lindsay said. “Have his rights been violated by these attorneys being removed from the case? Have his rights been violated by now losing his opportunity for a speedy trial? … Can Judge Gull protect his rights by being a fair judge? At the end of the day, that’s what this all comes down to.”
Allen’s attorneys are expected to reiterate arguments made in their written briefs, insisting the only way Allen can be assured justice is to reinstate his original defense attorneys who have acted in the defendant’s best interests and to remove a judge who they believe is biased against Allen and his original defense counsel.
Gull's attorney will try to convince the Supreme Court justices that the judge's decisions have been fair and reasonable to protect Allen’s rights, that she has shown no bias toward Allen or his attorneys, and that she should not be removed from the case.
Replacing the judge would be an extraordinary step for the Supreme Court to take, and not a step the court would take lightly — especially since it was the Supreme Court which assigned Gull to preside as special judge over the Delphi murders case after a Carroll County judge claimed the case would be too overwhelming for him and his staff. Jackson-Lindsay says — in any murder trial — the choice of judge is extremely important in ensuring justice.
“That person is completely in charge, completely that gatekeeper for justice for both parties,” Jackson-Lindsay said.
Ultimately, the justices will determine not only who presides over the case and who represents Allen, but also when the trial will happen. The decision impacts more than just the defendant.
“There are families behind this. There are families that have been waiting years for an arrest, now years for trial, and every day that time ticks by, justice delayed is justice denied. And that's for both sides,” Jackson-Lindsay told 13News.
Following the oral arguments, the Supreme Court will issue an opinion or order “in due course,” according to Indiana Supreme Court public information officer Kathryn Dolan, who said the justices are not working under any specific timeline. While it is not unusual for the Supreme Court to take months to issue its opinions, in this case — with Allen pleading for a speedy trial — a decision will likely come much sooner.
“I would be really surprised if it were months or even more than a few weeks,” Jackson-Lindsay said. “And it’s really hard to tell what the outcome could be.”
Thursday’s Supreme Court oral arguments are expected to last about an hour. Justices will hear from attorneys representing both Allen and Gull, and they will also be able to ask questions. The hearing is scheduled to begin at 11 a.m. and will be streamed live on WTHR.com, the WTHR mobile app and on WTHR+.