Delphi: The Affidavit Allegedly Said Bloody — The Witness Never Used That Word

According to the appellant's brief, Detective Tony Liggett secured the search warrant against Richard Allen with an affidavit that allegedly omitted and altered key witness statements. Blair described Bridge Guy as a young man in his twenties with brown poofy hair and sketched a car that looked nothing like Allen's Ford Focus — details Liggett allegedly left out. Carbaugh reportedly said tan jacket and muddy; the affidavit allegedly read blue jacket, muddy and bloody. Blair and ISP both said on the record these were two different men. And Allen, according to the defense, never admitted to wearing a blue Carhartt as the affidavit claimed. Without the search that followed, there is no gun, no Oberg bullet opinion, no arrest, no confessions. The defense calls the entire case fruit of this warrant. They supported their Franks motion with depositions, police interviews, and reports — and the trial court denied both the suppression and the hearing. The defense points out the court had been willing to schedule a Franks hearing under different defense attorneys but reversed course when the original team was reinstated. The State maintains probable cause survives even with the omitted information. An appellate court will decide. But the central question remains: if the judge had known that the one witness who saw Bridge Guy up close described someone who looks nothing like Richard Allen, would the warrant have been signed?

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