How Indiana Backed Itself Into A Corner On The Delphi Appeal

The Richard Allen appeal has moved into its final procedural stretch. The defense filed its reply brief at the end of April. The motion for oral arguments was filed alongside it. The case is now fully briefed. Three judges at the Indiana Court of Appeals are reading the record. A decision is coming.

This is what is actually on the table.

The defense's reply brief identifies a van timeline contradicted by FBI cell data and surveillance footage. It identifies a confession in which Allen told his prison psychiatrist he shot Abby Williams and Libby German — when the medical examiner concluded the girls were killed with a blade. It identifies an alternative suspect whose interview was allegedly recorded over by Indiana investigators, whose weapon was never collected, whose phone was never searched. Indiana's response brief leans on waiver, harmless error, and procedural default rather than rebutting any of it.

The reply brief also walks through the 13 months Allen spent in solitary confinement at Westville — under an Indiana Department of Correction policy that caps such confinement at 30 days for inmates with serious mental illness. He lost 45 pounds. He stopped knowing whether he was alive. He asked his father how much longer he was going to be lucid. Then he confessed. The State's theory now is religious conversion.

Defense attorney Bob Motta joins Tony Brueski for a three-part panel on all of it — the procedural-versus-factual collision, the solitary confinement collision, and the strategic oral-arguments collision now sitting in front of three judges with the power to ask any question.

Three judges. No more paper. Everything new in the Delphi appeal, in one place.

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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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