Delphi murder suspect's attorneys ask to delay hearing on new charges, contempt
DELPHI, Ind. — Delphi murder suspect Richard Allen asked to delay next week's hearing, during which Special Judge Frances Gull will hear evidence to support four new charges against Allen, as well as hear whether Allen's attorneys should be held in contempt.
In her order last week setting the Feb. 12 hearing, Gull ignored Allen's Jan. 29 motion for the judge to disqualify herself or recuse herself because of the appearance of being bias against Allen and his attorneys, Brad Rozzi and Andrew Baldwin. That's one of the legal glitches highlighted in Allen's motion for a continuance.
"The filing of a motion for disqualification and/or request for recusal strips the Court of jurisdiction to decide on any matters until a ruling on the disqualification motion occurs," Allen's attorneys stated in Monday's motion for continuance. "Therefore, it seems logical that the Motion to Disqualify would be fully adjudicated before any further hearings take place or before any other Orders are issued by the Court."
That paragraph is indicative of the legal feuding surrounding Gull, McLeland and Allen's attorneys that has played out in court filings and hearings for more than a year.
At the hearing on Oct. 31, Gull removed Rozzi and Baldwin from representing Allen for what she described as being "grossly negligent" and "grossly incompetent."
Allen filed with the Indiana Supreme Court to review that decision, and on Jan. 18, the justices ordered Rozzi and Baldwin reinstated to represent Allen, who is accused of kidnapping 14-year-old Libby German and 13-year-old Abby Williams off the hiking trails near the Monon High Bridge east of Delphi on Feb. 13, 2017.
The girls were found dead late the next morning on the north bank of the Deer Creek about a quarter of a mile east of the high bridge.
Police arrested Allen on Oct. 26, 2022, nearly seven years after the girls' killings. He was charged Oct. 28, 2022, with two counts of murder in the commission of kidnapping. But he was not charged with kidnapping the girls until Jan. 18, when McLeland added those charges along with two additional charges of murder.
As for Allen's new charges filed Jan. 18, Rozzi and Baldwin argued in their motion that it has barely been two weeks since being reinstated to the case, and they are recovering discovery evidence from Allen's public defenders appointed after being kicked off the case. The amount of evidence will take Rozzi and Baldwin a couple of weeks to review and be prepared for the hearing on the new charges.
As for whether to be held in contempt, the motion to delay the hearing notes that Gull did not consult with Rozzi before setting the hearing date. He is scheduled to be out of state and unavailable on Monday.
Additionally, the 11 days Gull gave Allen's attorneys is not enough time to consult legal counsel and review evidence to defend Rozzi and Baldwin's interests.
"It seems only fair that Attorney Rozzi would be entitled to conduct discovery on such a matter before facing sanctions that could result in Attorney Rozzi's imprisonment.
"... Attorney Rozzi is entitled to obtain representation for purposes of defending against the allegations of contempt," the motion states. "Surely, these protections would amount to more than eleven days of advance notice."
Rozzi's motion then turns its attention to Gull, writing, "... Attorney Rozzi is entitled to the appointment of a special judge... and logically, the process of selecting the Special Judge should occur before any hearing on the allegations take place."
Lastly, Allen's attorneys argue that the hearings should be delayed until the Indiana Supreme Court's full and final opinion from the Jan. 18 hearing that reinstated Rozzi and Baldwin is published. That complete opinion might shed guidance in the case.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Delphi murder suspect's attorneys ask to delay contempt hearing
