INDIANAPOLIS (WISH) — The prosecution in the Delphi murders case filed a motion to get statements Richard Allen made to a psychologist admitted as evidence in the case.

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. 

Normally, anything said to a psychologist is covered under doctor-patient confidentiality and cannot be repeated.

The filing cites a law with a specific exception to that rule: “A psychologist licensed under this article may not disclose any information acquired from persons with whom the psychologist has dealt in a professional capacity, except under the following circumstances: Trials for homicide when the disclosure relates directly to the fact or immediate circumstances of said homicide.”

In previous filings, the prosecution has said that Allen has confessed to murdering the teen girls to multiple people over a period of time.

The filing Wednesday appears to be adding another person to that list, this time in the form of a psychologist who has evaluated Allen.

Also Wednesday, Allen’s attorneys filed a motion asking Special Judge Fran Gull to strike comments from the record that she made about them during her ruling finding the attorney’s not in contempt of court.

In that ruling, the judge from Allen County said she found Allen’s attorneys to be sloppy, negligent, and incompetent because of the leak of crime scene photos that came from their office. Those are the statements the defense team now wants taken out of the record in this case. The defense attorneys say the comments are gratuitous and demeaning, and illustrate bias by Gull against them, which they claim is another reason Gull should recuse herself from the case.

On Tuesday, the defense team said they were going to electronically file a 24-page motion asking for Gull to be removed. That would be the second time they’ve filed a motion like that. As of Wednesday night, the defense has not filed that motion.

Also on Tuesday, the judge pushed back the start of the trial at the defense attorney’s request for more time. The trial is now set for Oct. 14 through Nov. 15.