DELPHI, Ind. — Civil attorneys, on behalf of Richard Allen, the Delphi murders suspect, are asking the Indiana Supreme Court to step in and remove the special judge on the case, reinstate his formal attorneys and set a trial date with 70 days after the decision is made.
According to court documents, civil attorneys Mark K. Leeman and Cara Schaefer Wieneke filed the brief "to ensure that, going forward, Richard Allen receives his fundamental right to counsel."
In the brief, the attorneys are asking for the following:
- Reinstate attorneys Andrew Baldwin and Bradley Rozzi as Allen's court-appointed counsel
- Set a trial date within 70 days from the issuance of the writ of mandamus
- Remove Special Judge Frances Gull and appoint a new one
Indiana Supreme Court Chief Justice Loretta Rush is giving all parties until Nov. 16 to make any filings on the matter before it is taken under advisement.
Allen is accused of killing Abigail Williams, 13, and Liberty German, 14, in February 2017.
In an Oct. 31 hearing, Gull told Allen, "I cannot and will not allow these attorneys to represent you." She then disqualified Baldwin and Rozzi from representing him – even pro bono. Gull said Baldwin and Rozzi engaged in "gross negligence," which they said, "that's the court's opinion."
"I'm sorry that this has happened, Mr. Allen," Gull said at the Oct. 31 hearing.
Allen's recently-appointed public defenders, William S. Lebrato and Robert C. Scremin, asked the judge to push his trial back. It was originally set for Jan. 24, 2024, but is now set for Oct. 15-31, 2024.
The next big day on the schedule for the case is Nov. 9. That has to do with a separate case before the Indiana Supreme Court. The state's highest court is considering a request to order Gull to follow court rules or correct mistakes in the case.
