INDIANAPOLIS (WISH) — In a filing that the Indiana Supreme Court received late Monday afternoon, Judge Frances Gull argued she should remain on the Delphi murders case.

Richard 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.

Andrew Baldwin and Brad Rozzi withdrew as Allen’s defense attorneys in an Oct. 19 hearing. They withdrew after an evidence leak from Baldwin’s office.

Gull, from Allen County, was appointed as special judge for the Carroll County case. In her Monday filing, she argued that the record supports that attorneys Baldwin and Rozzi were providing ineffective assistance of counsel. The filing also says the attorneys failed multiple times to take reasonable steps to safeguard confidential case materials, made extrajudicial statements that had a material likelihood of prejudicing the case, and provided false information to the court.

According to transcripts that I-Team 8 obtained a week ago, Gull gave the attorneys an ultimatum: resign or be publicly shamed in court for a leak of evidence from their office. 

In the transcripts, Gull says to Baldwin: “I’m talking about you, I’m not accusing the state of gross incompetence and negligence, I’m finding gross incompetence and negligence with you.”

In Monday’s filing, Gull claimed there had been additional leaks: “Baldwin emailed confidential work product to an unauthorized person and Baldwin and Rozzi failed to timely report the leak to the trial court or prosecutor.”

During a meeting in the judge’s chambers prior to the Oct. 19 hearing, defense attorney Rozzi tried to distance himself from Baldwin, saying Rozzi didn’t know the person who leaked sensitive crime scene pictures and it didn’t come from Rozzi’s office.  

They ultimately withdrew from the case but later asked to be reinstated. 

The transcripts of the secret meeting held in Gulls’ chamber were sent to the Indiana Supreme Court, which will review the documents and decide if she will stay on the case. 

An attorney from the Indiana Attorney General’s Office filed a brief Monday afternoon that says Gull should remain on the case. 

The Indiana Supreme Court has not said how soon it might act. Allen’s trial is set for October.

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