A Judge Gave Indiana's 'Protection' of Richard Allen a New Name

The Indiana Court of Appeals asked the state on September 21, 2026, what would be left of the Delphi murders case without Richard Allen's confessions. Deputy Attorney General Ellen Meilaender had an answer ready: the most powerful evidence, she said, was Allen's own statement to police that he was on the trail walking toward the bridge on February 13, 2017. That is the case the state is prepared to defend if the confessions fall.

The search warrant is the other pillar. Detective Tony Liggett's affidavit produced the Sig Sauer P226 from Allen's nightstand and, the state says, the match to the unfired round found between the girls. The defense says the affidavit left out the eyewitness description of a man in his 20s and claimed Allen admitted to a blue jacket he'd said he couldn't remember. The state says nothing was false and Allen's own admission was enough for a warrant. If the warrant falls, the gun goes with it.

Then the cell. Allen was sent to Westville under a safekeeping order eight days after his arrest, the only pretrial detainee the warden could recall in that unit. The state's lawyer told the judges he was held longer than policy allows because he wasn't safe anywhere else. The state's proof he was treated well included a replacement tablet and two visits with his wife.

The judges pressed both sides: they asked the state repeatedly about harmless error and told the defense they don't re-weigh a jury's evidence. Judge Elaine Brown said the only question is whether Allen got a fair trial. No ruling has been issued, the loser can ask the Indiana Supreme Court to take it, and Allen waits in an Oklahoma prison. Fran Gull retires December 31, 2026.

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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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