Judge won't postpone Delphi murder suspect's hearings; defense asks judge to step down
DELPHI, Ind. — Delphi murder suspect Richard Allen wanted hearings schedule for this week rescheduled to allow more time for his attorneys to prepare, but the judge denied the request Friday.
"The Court scheduled this hearing at counsels' request who all indicated that they would make these dates work on their respective calendars," Special Judge Frances Gull wrote in an order.
After Gull refused to postpone the hearings, Allen's attorney, Brad Rozzi, filed a second motion Friday to continue the hearing ― and a third motion for Gull to disqualify herself. The latter included a request for Gull to give a written findings of facts on why she denied or approved the motion to recuse herself.
According to the defense's arguments of the law, Gull is legally restricted from ruling on any other matter in the case ― including the second motion to continue the hearings ― until she responds with a written explanation to the defense's motion for her to step off the case.
Based on Rozzi's arguments, Gull must postpone the Tuesday, Wednesday and Thursday.
As of 10:30 a.m. Monday, Gull has not ruled on the second motion to continue the hearings or to disqualify herself, according to online court records.
The May 21, 22 and 23 hearings are to address pretrial motions about what evidence jurors will be allowed to hear at his trial. This includes whether Allen's alleged confessions to killing Libby German and Abby Williams on Feb. 13, 2017, is admissible, as well as whether prosecutors can use Allen's statements to his state-appointed psychologist while in prison.
Gull's order indicates next week's hearings will address Allen's motion to suppress his Oct. 26, 2022, statements to investigators, as well as Allen's motion for sanctions on the prosecutor. Additionally, Gull will hear arguments about Allen's motion to lift the safekeeping order that has his pretrial detention in isolation cells at maximum-security prisons.
Gull also will hear arguments on prosecutor and defense motions to exclude evidence that jurors can hear, such as Allen's defense about Odinism and ritual killings.
Gull agreed to postpone the hearing about suppressing Allen's alleged confessions to prison officials and other inmates because Allen's defense team is not yet prepared.
Allen's first request for more time to prepare for the hearings came three days after jury selection for Allen's trial was supposed to begin. The trial was scheduled to run through the end of May, but at a May 7 hearing, Allen's attorneys said that wasn't enough time for their defense.
At the defense team's request, Gull set aside Allen's speedy trial request earlier this month and scheduled his trial to begin in the middle of October. It is expected to run through the middle of November. By the time of his trial, Allen will have spent two years in pretrial detention in solitary confinement in Indiana maximum-security prisons.
To support Allen's request to continue next week's hearings, his attorney, Brad Rozzi, said the defense team's deposition with Dr. Monica Wala, Allen's psychologist from Westville Correctional Facility, is only partially completed. Rozzi believes the deposition can be finished next month.
"Additional time is necessary to not only conclude the deposition but to attain a certified transcript that might otherwise be used as evidence in the hearings on both party's Motions," Allen's motion states.
This was the only portion of the May 21-23 hearings that Gull agreed to postpone.
Additionally, Wala declined to answer some of the defense team's questions on the advice of state legal counsel, according to the motion filed Thursday night and published online Friday morning.
Allen's motion asks the court to preserve those questions so that the defense team can request the court's help to get answers.
Reach Ron Wilkins or at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Judge won't postpone Delphi suspect's hearings this week
