Lawyers for accused Delphi child killer Richard Allen requested this week for the the court block prosecutors from obtaining his mental health and medical records.
In September, Carroll County Prosecutor Nick McLeland subpoenaed Allen’s records from his time spent in custody at Westville Correctional Facility dating back to November 3, 2022, News Nation reports.
Prosecutors requested the defense to hand over “any other documents, records, notes, videos and/or writings that the facility may have” from the facility related to Allen’s physical and mental health. Allen’s defense team subsequently filed motions to quash the subpoena.
Allen’s lawyers said the subpoena unreasonable and oppressive since the records reportedly contain protected personal information.
Allen previously cited concerns about his mental state when requesting a transfer from Westville, according to his attorney. He claimed prolonged isolation during his incarceration has caused mental and physical deterioration.
In turn, the defense argued that the subpoenaed documents should remain confidential, adding that they haven’t sought an insanity defense or a competency evaluation on Allen.
“[His] mental state is not at issue in the guilt/innocence phase of this proceeding,” the defense said.
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As CrimeOnline reported, the Delphi Double Homicide Task Force took Allen into custody on October 28, 2022, at his home in Delphi, for the murders of Abigail, 13, and Libby, 14.
The victims were found murdered near the Monon High Bridge on February 14, 2017, after taking an outing to the bridge the day prior. The outing was only meant for a few hours, and when the girls failed to return, family members contacted police.
Following his arrest, investigators searched Allen’s residence and found:
- A .40 caliber pistol
- Boots
- Knives
- Additional firearms
The Indiana State Police Laboratory examined a bullet found at the crime scene and ultimately determined that it came from a gun registered to Allen, and “forensically determined” that the bullet cycled through his gun.
Allen claimed he never let anyone else use his gun, but he had no explanation when told a bullet from his firearm was found at the crime scene.
Check back for updates.
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