DELPHI, Ind. — Special Judge Fran Gull of Allen County, pressed into service to oversee the case of the man accused of killing teenagers Libby German and Abby Williams east of Delphi in 2017, told the prosecutor and defense attorneys on Friday that she doubts Richard Allen can stand trial in late March, as originally scheduled by the Court.
During a ten-minute long hearing to consider three motions, Judge Gull, on assignment from the Indiana Supreme Court, said the “extraordinary voluminous” number of documents the State must provide to the Defense under Discovery, “thousands and thousands” of pages, makes it unlikely that Allen’s attorneys will have enough time over the next two months to digest the evidence and launch their own independent investigation in an attempt to defend their client.
After the hearing, Defense Attorney Bradley Rozzi was asked if he could be ready to go in late March as originally scheduled.
“In terms of a trial? I think we all know where we are with that at this point,” said Rozzi, alluding to his acknowledgment of the judge’s evaluation of the tight timetable. “Anybody who has hung around a courtroom for any period of time would probably be able to draw a conclusion about where we are with that.”
Lafayette Defense Counsel Earl McCoy, who is not connected to the case, pointed out the challenge Allen’s lawyers were up against.
”Absolutely no way this can be tried in March. No way at all, and everybody, any attorney would know that, both attorneys have known that from the beginning. I think the judge knew that from the beginning,” he said. ”At this point its too early to even pick a trial date, so, the attorneys suggested we give them another month to get through the Discovery and at that point, one, they’ll have a better idea of how long it will take to become prepared for trial, and also how long the trial will last.”
Judge Gull said she would take up the issue of delaying the trial during a bond hearing set for Feb. 17.
“Rick is doing not terrifically but he’s staying mentally tough right now,” said Attorney Andrew Baldwin, who saw his client led into the courtroom by a pair of armed Indiana Department of Corrections officers in waist and leg shackles and wearing a protective vest.
“The State has the burden at the hearing on Feb. 17 so we will be ready to roll and will be asking for him to be released.”
The families of Libby and Abby filled half the seats in the Carroll Circuit courtroom on Friday.
Undoubtedly, they will be back for Allen’s bail hearing next month, six years and four days after their girls were murdered.
