Delphi murder trial rescheduled for October; defense voices discontent with timeline

In this video from May 6, 2024, Richard Allen is moved to the Allen County Jail ahead of the May 7 hearing.

ALLEN COUNTY, Ind. (WANE) – The Delphi murder trial has been moved to October following a hearing Tuesday at the Allen County Courthouse.

The prosecution and the defense for Richard Allen – the man charged with four counts of murder in the 2017 deaths of 13-year-old Abby Williams and 14-year-old Libby German – met in Fort Wayne to discuss several issues.

At the forefront were concerns raised by defense attorneys Bradley Rozzi and Andrew Baldwin on the timeline of the trial, which was originally scheduled for October but moved up to May when Special Judge Fran Gull granted the defense’s prior request for a speedy trial. Allen’s attorneys withdrew their motion for a speedy trial at the hearing.

The trial is now slated for Oct. 14 to Nov. 15. It had previously been set to start May 13 and last through the end of the month.

But even with the new dates, Rozzi and Baldwin expressed concern over how long they would have to present their case based on the numerous witnesses and pieces of evidence that could be brought to trial.

The defense said they want at least 15 days set aside to present their case for Allen. Gull and prosecutors said they couldn’t guarantee a specific number of days.

“If you can’t try this case in 30 days… there’s something wrong,” Gull said, adding neither the prosecution nor the defense previously voiced concerns over the timeline, particularly when the defense submitted the request for a speedy trial.

“My job is not to micromanage attorneys,” Gull said. “My job is to call balls and strikes in the courtroom.”

Rozzi said it would be premature to set firm dates, arguing there would be value in an open-ended trial.

Gull said she believes three weeks is adequate and was never told the defense felt otherwise until now.

Pointing to Allen, Rozzi said, “His right to a defense is more important than [McLeland’s] right to prosecute.”

During the hearing, the defense took a 5-minute recess to talk to Allen and returned closer to 10 minutes later.

That’s when the new month-long trial dates were set for later this year.

Rozzi also requested that in the future, there would be no security in close proximity when conferring with Allen. He opposed the fact that security was nearby in the courtroom Tuesday, but when offered the chance to speak with Allen in the sheriff’s office, the defense declined.

In an effort to show she’s experienced in setting trial dates, Gull provided examples of high-profile cases she’s tried in which many witnesses could be at trial within a 3-week period.

The prosecution emphasized it is trying to be efficient and couldn’t guarantee an exact number of days for each side to present their cases, adding they expected to call 40-45 witnesses at trial.

“You don’t know anything about this case,” Rozzi told Gull. “Every day [Allen] sits in that hole [Wabash Valley Correctional Facility], there is new evidence in this case.”

A hearing is scheduled for May 21-23 in Carroll County to address multiple pending motions. Among those is a motion being filed Tuesday to disqualify Gull from the case, Baldwin told WANE 15.

Prosecutors didn’t have a statement on the motion to disqualify, as they had just been handed the 24-page document at the hearing.

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