What Three Judges Will See When They Open The Delphi Record

Read Indiana's response brief in the Richard Allen appeal cover to cover and one thing becomes clear. The State of Indiana has stopped defending the trial. The State is defending a procedural firewall.

Every excluded piece of evidence — harmless. Every blocked witness — harmless. Every claim of confession coerced from 13 months in solitary — waived, defaulted, or harmless. Every alternative suspect theory — speculative. Every procedural argument the State could file — filed. What is conspicuously missing is engagement with the underlying facts.

That matters now because the case is fully briefed. The defense's reply brief landed at the end of April. The motion for oral arguments was filed alongside it. The State has not joined the request. Three judges at the Indiana Court of Appeals are now sitting on the full written record and one side is asking to stand in the room and answer questions while the other side stays silent.

Defense attorney Bob Motta joins Tony Brueski for a three-part panel on where the Delphi appeal actually stands. Three collision points. The procedural-versus-factual fight, including the cause-of-death mismatch and the alternative suspect interview allegedly recorded over by investigators. The 13 months Allen spent in solitary under IDOC's own 30-day limit, and the religious-conversion narrative the State has offered to explain his confessions. The strategic asymmetry of the oral arguments motion, the de novo review on the search warrant, and the .40-caliber pistol that vanishes from any retrial if the panel agrees with the defense on that single issue.

Three judges. No more paper. The State is hoping they don't read the record too closely.

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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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