Judge in Delphi murders case: Defense sloppy but not in contempt
INDIANAPOLIS (WISH) — The judge in the trial of the man accused of the 2017 murders of two Delphi teenagers has declined to find Richard Allen’s attorneys in contempt of court.
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.
Judge Frances Gull of Allen County and the Carroll County prosecutors had accused the attorneys of gross negligence after an evidence leak in 2023.
Allen’s jury trial was originally scheduled for October but was moved to May after attorneys filed a request for an earlier trial.
In her order issued Wednesday, the judge said:
“The Court, having had this matter under advisement following a hearing conducted on March 18, 2024, and having reviewed the evidence admitted at the hearing (the Court did not review any evidence that was offered but not admitted), the arguments of counsel and the briefs and memorandums submitted by Counsel now finds that the State proved by a preponderance of the evidence that defense counsel was sloppy, negligent, and incompetent in their handling of discovery materials. Counsel failed to properly secure evidence and discovery material in this matter. Counsel negligently allowed their discovery outline to be sent to an individual unrelated to this matter (Brandon Woodhouse) who then disseminated that information to the public. Counsel further allowed their discovery materials to be compromised by Westerman (who, in turn, provided the information to Fortson and Cohen). Counsel has described Westerman both as a criminal and a valued consultant and confidante. Despite this Court’s findings of sloppiness, negligence, and incompetence, the State is required to prove that Counsels’ conduct was willful and intentional beyond a reasonable doubt for the Court to find Counsel in contempt. As the State has not met that burden, the Court declines to find them in contempt of Court for violating the Protective Order issued February 17, 2023, regarding discovery. The State has also alleged that defense counsel violated the “gag order” issued by the Court on December 2, 2022. Defense counsel issued a Press Release on December 1, 2022. The release contained statements that are potentially violative of the Rules of Professional Conduct. As Defense Counsels’ Counsel correctly argues in his post-hearing brief, the gag order was not yet issued. As such, the Court declines to find Counsel in contempt of Court as no Order was in place. To the extent that the Press Release violated the Rules of Professional Responsibility, the Trial Court has no jurisdiction to enforce those Rules. As required by the Rules of Professional Responsibility, the Trial Court will, therefore, send a copy of this Order and the Press Release to the Office of Judicial and Attorney Regulation, Executive Director Adrienne Meiring for that Office to enforce the Rules or determine Counsels’ ethical misconduct.”
Last October, Gull removed Allen’s attorneys from the case without a hearing after a leak of crime scene photos that came from their office.
The two attorneys, Andrew Baldwin and Brad Rozzi, fought the decision all the way to the Indiana Supreme Court. The court reinstated the two attorneys and said removing them was not a necessary last resort and that Gull had other methods of holding them accountable for the leak of crime scene photos.
Gull then held a contempt-of-court hearing in March. She heard testimony from both sides and deliberated for almost a month and a half before handing down the ruling Wednesday.
This ruling clears the path for Baldwin and Rozzi to represent Allen at a trial starting on May 13 in Carroll County. A jury from Allen County will hear the case at the trial.