Delphi defense team wants 2 of 4 convictions thrown out ahead of sentencing hearing

Richard Allen to be sentenced Friday for Delphi murders

INDIANAPOLIS (WISH) — Richard Allen’s attorneys are trying to get two of his felony convictions thrown out before Fridays sentencing hearing.

They want both felony murder charges thrown out. They claim he can’t constitutionally be convicted twice for the same crime. The jury found Allen guilty of two counts of first degree murder and two counts of felony murder.

Indiana University law Professor Jody Madeira told I-Team 8 the felony murder charges represented a separate crime, and are not the same as Allen’s first degree murder charges.

“The girls were murdered in the course of a kidnapping, and so if Allen had been found guilty of kidnapping, for example, but not for the killings themselves, that still would have allowed the state to prosecute Allen for felony murder,” Madeira said.

As for the sentencing hearing itself, “The attorneys for Richard Allen will be participating in a minimal fashion, and so I think that it will be quick,” Madeira said. “I think we will also hear a lot of testimony from victims family members.”

Close friends and family of Abby and Libby are expected to take the stand to speak directly to Richard Allen for the first time since he was arrested. After that, how long Allen spends in prison will be up to Judge Gull.

“I do believe that any sentence that Allen gets Judge Gull will sentence consecutively because there’s two separate victims,” Madeira said.

Madeira said Gull will likely calculate her sentence based on the first degree murder convictions. Both have a range of 45 to 65 years in prison. If given consecutively, it means Allen is facing a minimum of 90 years in prison. Right now, he’s 52 years old.

“Life in prison, but a life in prison sentence that expands clearly longer than his natural life span,” Madeira said.

In a court filing, the defense team is already signaling that they will appeal the conviction. They have 30 days to do that.

“I believe they will appeal every single adverse ruling that Gull made,” Madeira said. “They may well again bring up claims that Gull was biased against the defense. It’s a very, very, dense appeal, I believe. There’s going to be a lot issues that the Indiana court of appeals is going to have to resolve.”

The Indiana Court of Appeals has a reputation of deciding quicker than other states.

“It might be several months, but I do not think it will be a years long appeals process,” Madeira said.

Following the sentencing hearing, we’re expected to hear from the families of Abby and Libby for the first time since charges were first filed.