INDIANAPOLIS — UPDATE: Richard Allen’s civil attorney does not expect Richard Allen to attend a hearing later this month before the Indiana Supreme Court. Attorney Cara Wieneke sent 13News the following statement:
“From our position as it stands right now, Mr. Allen will NOT be attending the hearing, and we will NOT be asking for him to attend the hearing. My understanding from Supreme Court Services is that the Court will not be, on its own, entering an order to transport him either. I suppose the State of Indiana, through the Attorney General or through Mr. Guttwein, could file a motion asking to have him transported. But I don't see why the State would want him there.”
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The Indiana State Capitol hosts thousands of visitors each January as lawmakers, lobbyists and members of the public fill committee rooms, galleries, hallways and both chambers of the legislature during a hectic start to the General Assembly’s new session.
But on Jan. 18, Indiana State Police thinks the Capitol building will host another visitor — a man charged with the murders of two young girls in Delphi.
“I fully anticipate Richard Allen being there. We have no reason to think he won’t,” ISP Superintendent Doug Carter told 13News.
Allen is charged with the murders of Abby Williams and Libby German, whose bodies were found on Valentine's Day 2017. His high-profile murder trial in Carroll County will take a detour to Indianapolis and the Indiana State Capitol in mid-January, when the Indiana Supreme Court will intervene in the case.
Allen is asking the Supreme Court to reinstate his original defense team, which was disqualified by Special Judge Frances Gull for alleged negligence. He also wants the Supreme Court to replace the judge (he claims she cannot be impartial and has overstepped her judicial authority) and to order a new trial date within 70 days to ensure Allen’s right to a speedy trial.
Even before his trial begins, the Supreme Court agreed to accept Allen’s unusual appeal and will hear oral arguments from attorneys representing Allen and Gull on the morning of Jan. 18.
Allen’s previous court hearings have taken place in Delphi and Fort Wayne under very tight security. The upcoming hearing at the Indiana Supreme Court, which sits inside the Indiana State Capitol building, presents law enforcement with a unique set of challenges because the legislative session will be in full swing.
Carter said in anticipation of Allen’s visit, ISP’s special operations unit will be assigned to the Indiana Statehouse before, during and after the Supreme Court hearing.
“We’ll take the relevant precautions. Most people won’t even see him,” Carter said.
The Supreme Court chamber is located on the north side of the Capitol Building on the third floor. It is literally just down the hall from the House and Senate chambers.
Carter told 13News there will be added security at the Statehouse on Jan. 18. In addition to more state police officers, he said visitors might notice officers from the Indiana Department of Correction, who will escort Allen directly to and from the courtroom.
State employees and lawmakers are expected to have normal access to the Capitol. Visitors will have to pass through metal detectors on the east and west sides of the building, just like they usually do.
“If we know who’s inside the building, we can control what happens inside, so those controlled entry points will be very important, as they are every single day,” Carter said. “We deal with high-profile events all the time. This won’t be anything out of the ordinary for us.”
Asked about the overall impact on business taking place inside the Capitol building, Carter said he expects there to be little.
“Zero. Business will continue to happen just like it does normally,” Carter said.
13News reached out to Allen’s current defense attorneys to confirm if Allen will attend the Supreme Court hearing later this month. They have not yet responded.
At previous hearings, Allen’s original defense attorneys pointed out the defendant has a legal right to attend all important court hearings that could impact his case. The oral arguments at the Indiana Supreme Court might be the most important hearing to date in the Delphi murders case. It will ultimately help determine who develops and presents Allen’s legal defense, who presides over the trial and when that trial will take place.
13News will be at the Supreme Court hearing on Jan. 18 and will stream the hearing live.