Indiana Supreme Court Denies Defense Request for New Special Judge

Source: Allen County Court / Screenshot of Allen County court hearing

INDIANAPOLIS — The request for a new special judge in the Delphi murders case has been denied by the Indiana Supreme Court.

The high court stated Friday while Special Judge Fran Gull has missed the deadlines set to rule on the third and fourth Franks notices as cited by attorneys Andrew Baldwin and Brad Rozzi, the deadline essentially doesn’t matter because suspect Richard Allen’s team continued to file other motions.

This means Allen is not protected by that trial rule which states special judges have 30-days to rule on said motions.

Allen’s attorneys originally argued that each Franks notice, which is where you’ve heard things such as Odinism and third-party suspects discussed, could change the complexion of the case and should have been ruled upon much earlier. It’s been over 120 days since the third motion and over 70 since the fourth.

If granted, a Franks notice/motion would mean there was enough evidence at the time of Allen’s arrest that should have been presented to a judge. If said judge had the chance to review these materials, they would have not signed off on a search warrant of Richard Allen’s home, argues the defense team.

Court hearings are scheduled for July 30th, 31st, and August 1st to decide half a dozen more motions in the case including what evidence will be allowed at trial, suppression of Allen’s prison “confessions”, the order to move Allen to a county jail, and much more.

The trial is set to begin October 14th and will last through November 15th.

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