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Judge in Delphi case rejects more defense motions

Judge in Delphi case rejects more defense motions

INDIANAPOLIS (WISH) — Judge Francis Gull, the special judge presiding over the trial of Richard Allen, has rejected several defense motions Friday.

Allen, 51, of Delphi, was arrested on Oct. 28, 2022, for the February 2017 murders of 13-year-old Abigail “Abby” Williams and 14-year-old Liberty “Libby” German near the Monon High Bridge in Delphi.

The defense had asked the court to impose sanctions on the case’s prosecutors regarding discovery evidence that the defense claimed had been destroyed. The judge rules that the defense had failed to comply with Indiana trial rules that require them to seek an informal resolution of discovery disputes.

Judge Gull also rejected the defense request to sanction prosecutors over discovery evidence delays but does order the state to hand over certain reports to the defense.

Another rejection was issued for the defense’s motion to dismiss based upon newly discovered destroyed and/or missing exculpatory or potentially useful evidence.

The judge ruled that no evidence had been presented to the court that the state destroyed evidence that would have shown Allen did not commit the crimes, nor that the state acted in bad faith.

The defense has suggested another suspect in the case, but Judge Gull ruled that no evidence has been presented to support the argument, nor has any evidence been presented to negate the evidence offered by the state, which cleared that suspect.

Allen’s trial has already been pushed back several times since his arrest. The most recent trial dates were May 13-31, but the case was pushed to October after the defense told Judge Gull that they needed more time to present their case.

The trial is now set to start Oct. 14 and run through Nov. 15.