Delphi Murders: Defense Files Motion Citing Critical Legal Errors in Richard Allen Case

Attorneys for Richard Allen, convicted of the 2017 murders of Liberty German and Abigail Williams in Delphi, Indiana, have filed a Motion to Correct Errors. The motion highlights four alleged legal missteps that they argue are significant enough to overturn the jury’s verdict or warrant a new hearing.

Allen was convicted in November 2023 and sentenced the following month to 130 years in prison for the February 13, 2017, murders of the two teenage girls. The case has drawn nationwide attention for its complexity and lengthy investigation.

The motion, filed by defense attorneys Andrew Baldwin, Jennifer Auger, and Bradley Rozzi, represents the first formal step toward appealing Allen’s conviction.

The defense raises concerns about the legality of Allen’s custody transfer, which occurred after his arrest. They allege the transfer from the Carroll County Jail to the Indiana Department of Corrections was conducted unlawfully, as Allen’s attorney was not notified, denying him the right to legal representation.

“Mr. Allen was not afforded either the right to be heard by counsel or by himself at the safekeeping ‘proceeding,’” the motion states.

The motion also claims prosecutors failed to correct false testimony concerning a white van seen in the area on the day of the murders. Surveillance footage presented by the defense contradicts the timeline provided by the prosecution, potentially impacting the jury's decision.

“When the State introduces testimony it knows will be false or fails to correct testimony it knows or should know to be false, once elicited, a conviction must be vacated or reversed if that false evidence ‘may have had an effect on the outcome of the trial,’” the defense argued.

A third issue raised involves a reported confession by another individual in 2017. Notes from an inmate claim that another person confessed to the murders, allegedly mentioning the use of a boxcutter. This claim is significant, given changes in testimony about the murder weapon during Allen’s trial.

The defense contends this confession could have established probable cause for an alternative suspect, further undermining the state’s case.

Additionally, questions surrounding the forensic analysis of Liberty German’s cellphone have been brought to light. The defense challenges the state’s claims that environmental factors, such as water or dirt, could have caused data suggesting headphones were plugged into the phone at the crime scene.

“Ms. Eldridge’s opinion that dirt or water could not have caused L.G.’s phone to log wired headphones being plugged into and being unplugged from the phone on February 13, 2017, exculpates Mr. Allen and would probably produce a different result at a new trial,” the motion argues.

The defense seeks either a dismissal of Allen’s convictions or a hearing to address the errors detailed in the motion. This filing is separate from the formal appeal anticipated to be submitted by newly-appointed appellate attorneys for Allen.

The court’s response to the motion will determine the next steps in the legal proceedings and the future of Allen’s conviction.

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