DELPHI, Ind. (WISH) — Defense attorneys in the Delphi murders case have filed a motion that could delay the trial in October.

They’re fighting a recent ruling by the judge.

A 17-page filing calls for an appeals court to review the most recent ruling by Judge Fran Gull. The appeal decision would have to be finished by the start of the trial that is just 35 days away, which is why it has the potential to postpone it.

Last week, Gull ruled that the defense cannot present evidence about the murders of teen girls Abby Williams and Libby German being an Odinism ritualistic killing.

The judge also ruled that the defense cannot mention third-party suspects to the jury. In the new motion, the defense team says her ruling violates suspect Richard Allen‘s 6th Amendment rights to present a defense, saying that it basically gutted his defense.

Allen’s attorneys also argue that if an appeals court doesn’t review and overturn the ruling that it will cost the taxpayers of Carroll County more money when Allen appeals a possible conviction, which they say would trigger a second trial that will be long and costly.

In the latest filing, the defense team says they are not attempting to delay the trial in October.

Gull still has to certify the motion before the appeals court can take it on.

Allen, 51, of Delphi, was arrested on Oct. 28, 2022, for the February 2017 murders of the 13-year-old girls near the Monon High Bridge in Delphi.

This story was from a script aired on WISH-TV.