Delphi murder suspect Richard Allen, again, seeks to dismiss case, citing missing evidence

Delphi murder suspect Richard Allen is again seeking to have the case against him dismissed, raising new allegations that police and prosecutors failed to turn over critical evidence that could clear him of the killings.

At the heart of the motion to dismiss are pieces of evidence involving a man who defense attorneys have alleged was involved in the deaths of Abigail "Abby" Williams and Liberty "Libby" German. A key part of Allen's defense are allegations that a group of Odinists killed the girls in 2017 during a sacrificial ritual in the woods.

A 20-page motion filed Monday cites missing extraction data from the phone of alleged Odinist Brad Holder, who told defense attorneys in a recent deposition that he'd turned over his phone to investigators on Feb. 17, 2017, just days after Abby and Libby were killed. Andrew Baldwin, one of Allen's attorneys, said prosecutors have yet to turn over any data extracted from Holder's phone.

Holder also testified during his recent deposition that he spoke with investigators first on Feb. 17, 2017, and again a year or so later. But prosecutors have not turned over recordings of that second interview. Recordings of Holder's first interview with police were accidentally taped over, Delphi's police chief at that time testified at a previous court hearing.

The Delphi case: Judge denies murder suspect's motion to dismiss the charges

Finally, Baldwin cites an image posted on Holder's social media that "holds an eerie similarity to the actual crime scene." Defense attorneys have alleged that the girls' bodies were staged in a way that points to Odinism. Prosecutors, Baldwin said, have also yet to turn over the image that an Indiana State Police trooper found on Holder's social media account in the spring of 2017.

Baldwin notes that Holder ― whose son, Logan Holder, dated Abby ― had given inconsistent answers when asked if he'd met his son's girlfriend. According to the court filing, Holder told police in his Feb. 17, 2017, interview that he never met Abby. More than six years later, he claimed to have met Abby once. And during his recent deposition, he said he met the teen twice.

"Brad Holder's ever changing answers to such a simple question provides evidence that the missing items ... are exculpatory in nature," Baldwin wrote.

Baldwin also noted that many of the pieces of evidence that prosecutors have failed to turn over involve Odinism and alleged Odinists.

"Richard Allen cannot have a fair trial when exculpatory evidence that would support the involvement of third-party suspects is missing," Baldwin wrote, adding that "only so many coincidences can explain" why several pieces of evidence involving Holder and Odinism are missing.

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This is the second time that Allen sought dismissal. His attorneys sought to dismiss the case earlier this year, arguing that video and audio recordings of police interviews of possible suspects believed to be tied to Odinism had been erased. These include recordings of the Feb. 17, 2017 interview with Holder.

Special Judge Frances Gull denied the request, saying the defense failed to show that the evidence was exculpatory and that it was destroyed negligently.

Steve Mullins, Delphi police chief at the time of the killings, testified during a hearing in March that the recordings from the February 2017 interviews were lost after the recorder was mistakenly left on and the drive's large memory was filled.

Carroll County Prosecutor Nicholas McLeland is asking Gull to prevent testimony about Odinism, cult or ritualistic killing and other pieces of evidence from being presented to the jury, arguing they're irrelevant, unfounded and misleading.

Allen's trial, which has been rescheduled multiple times, is now set to start in October. Jurors will be selected in Allen County and will be transported to and sequestered in Carroll County for the duration of the trial, which is expected to last five weeks.

Lafayette Journal & Courier reporter Ron Wilkins contributed to this story. Contact IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.

This article originally appeared on Indianapolis Star: Delphi murder suspect Richard Allen seeks to dismiss case again