Delphi Defense Team Taking Franks Issue to State Supreme Court, Requests New Special Judge

Source: Donnie Burgess / WIBC News

CARROLL COUNTY, Ind. — The legal team representing Delphi murders suspect Richard Allen are taking yet another issue to the Indiana Supreme Court.

Attorneys Andrew Baldwin and Brad Rozzi argue in a Thursday court filing that Special Judge Fran Gull has taken too long to rule on the Third and Fourth Franks motions and is in violation of Indiana trial rule.

The Franks motion attempts to argue the original October 2022 search warrant for Richard Allen’s home and the findings within should be thrown out, as the warrant would have never been signed by a judge if said judge would have been provided the “evidence” collected in those Franks motions.

You can trace the public origins of human sacrifices, Odinism, alternate suspect theories and more to each of the four Franks motions.

In Thursday’s court motion, attorneys Baldwin and Rozzi say it has been 119 days since the Third Franks motion was filed, 72 days since the Fourth Franks, and 64 days since Judge Gull said a ruling would be made on those motions. Allen’s attorneys say this is a violation of trial rule and should be handed over to a new special judge, appointed by the state Supreme Court. There are hearings scheduled for July 30th, July 31st, and August 1st to decide issues like what evidence will be allowed at trial, moving Allen out of state prison, and much more.

This wouldn’t be the first time the Indiana Supreme Court has had to step into this case. The high court reinstated attorneys Baldwin and Rozzi, ruling Judge Gull did not go through the proper procedures when she accused Allen’s lawyers of being “grossly negligent and incompetent” and disqualified them from the case. Since then, Allen’s lawyers have called Gull negligent and incompetent and requested she be removed from the case. Gull refused to step down.

The trial is supposed to begin October 14th and is scheduled through November 15th.

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