Delphi Murders: Richard Allen — What the State's Brief Won't Touch

You've read the headlines on the State's response brief. Here's what they actually mean.

The Indiana Attorney General filed 94 pages telling the Court of Appeals that Richard Allen's conviction is solid and the trial was fair. The brief calls the evidence "conclusive and irrefutable." It leans on procedural waiver to shut down most of the appeal before the court ever has to evaluate the substance. It describes Allen's solitary confinement conditions as something less than the coercion standard requires. It offers his religious conversion as the explanation for the confessions. And it attaches "harmless error" to every evidentiary ruling that went against the defense.

What it never does — across all 94 pages — is address the documented fact from the defense's brief that Allen told his psychiatrist he shot the girls. They were not shot.

Defense attorney Bob Motta goes through the State's strategy argument by argument in this session — what Indiana is hoping the Court of Appeals accepts, where the brief is strongest, where it's thinnest, and what the decision to stay silent on the wrong cause of death tells you about how the AG's office actually views the vulnerability of this case on appeal.

If you've been inside these documents, this conversation gives you the analytical framework to understand what the appellate court is actually going to weigh.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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