Special Judge Frances Gull and Indiana Attorney General Todd Rokita have requested that the state Supreme Court deny a petition to replace Gull and reinstate accused child killer Richard Allen’s defense team, in connection with the high-profile Delphi double murder case.
As CrimeOnline previously reported, Gull removed Allen’s original defense team, Andrew Baldwin and Brad Rozzi, from the case after evidence photos from the crime scene were illegally leaked by Baldwin’s former colleague, Mitchell Thomas Westerman.
Following the lawyers’ exit, attorneys (not connected to the case) filed a petition that asked for Gull to be removed from presiding over the case and the reinstatement of Baldwin and Rozzi.
According to court documents, Gull and Rokita said that the attorneys’ filing failed to meet certain requirements. They argued, in part, that Allen should have directly appealed himself after the law team’s recusal, which he has not done.
They also argued that the “writ of mandamus” that the petition used to push for Gull’s removal was not the appropriate one to use, according to court documents obtained by The Docket.
Read the latest court filings below
Judge Gull: Brief in Opposi… by Leigh Egan
Police arrested Westerman last week, on a conversion charge stemming from the evidence leak. Court documents indicate that Westerman took photos of the evidence while in Baldwin’s office during an October 9 meeting.
Westerman allegedly admitted to photographing the evidence with his phone and then sharing the evidence, which eventually made its way to podcasters and online communities. Investigators subsequently were given evidence from a podcaster that implicated Westerman.
“It pains me to say this, but the totality of these circumstances demonstrate gross negligence and incompetence on the part of the defense team. I am unsatisfied with your representation of Mr. Allen. I am gravely concerned about his rights to have competent, non-negligent representation,” Gull previously said of the lawyers’ removal.
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“He currently doesn’t have that right now, because what you have demonstrated is negligence and incompetence. Now, I am sharing my thoughts with you privately. I don’t want to say this in open court.
I would encourage you to talk privately about what you wish to do. I don’t want this coming out, it is not where we need to be with this case, but will… I am finding gross incompetence and negligence with you.”
The Delphi Double Homicide Task Force took Allen into custody on October 28 last year at his home in Delphi, for the murders of Abigail Williams and Liberty German.
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. Investigators 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.
Allen remains behind bars without bail. Check back for updates.
[Feature Photo: Richard Allen/Police Handout; Libby & Abby/Handout]
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