Defense attorneys maintain Richard Allen’s innocence
In their first televised interview since their client was sentenced for the murder of two girls outside of Delphi in 2017, Richard Allen’s attorneys told FOX59/CBS4 they are more convinced than ever about their client’s innocence.
During the interview, the attorneys refused to push back on Special Judge Fran Gull’s oversight of the case and the trial for fear of incurring her wrath or jeopardizing the appeal of Allen’s conviction.
Defense Attorney Andrew Baldwin was asked why it took jurors 19.5 hours over the course of four days to find his client guilty.
“I have no idea,” said Baldwin. “Normally by now somebody would have come out and at least explained some of the process that happened in the jury room. It’s their absolute right to not say anything and I respect that. We as lawyers would like to know what they hung their hat on especially since we are very hopeful that there’s going to be a second trial.”
Allen’s attorneys said they have identified some new evidence or interpretation of testimony that could be the basis of an appeal.
”We’ll be filing, I think, a motion to correct errors to clean up the record on some things,” said Jennifer Auger. “Once that’s done, the judge can either not rule on it and it is deemed denied in a certain period of time. She can deny it without a hearing. She can set it for a hearing. Once that’s completed then we have a notice of appeal to file.”
Baldwin and Auger were careful to avoid answering any questions about Gull’s handling of the case, denial of defense motions and objections, her failed attempt to remove the defense team and whether she narrowed the scope of the trial to such a degree that the jury was left with only one verdict option.
“That is something I don’t feel comfortable saying,” said Baldwin.
The defense team said they were hampered by Gull’s refusal to admit speculation about third-party suspects who, Baldwin and Auger contend, could have committed the killings as a result of an Odinism ritual.
Gull said there was no “nexus” of evidence linking unknown third persons to the case.
“That came from the U.S. Marshals Behavioral Analysis Unit,” said Auger. “That came from the FBI. There is some validation from a Purdue professor. This all came from the State.”
“Did Richard Allen talk himself into this conviction?” the attorneys were asked.
Allen made dozens of self-incriminating statements after being advised of his Miranda rights by investigators and during recorded phone calls to his family from prison and in conversations with Indiana Department of Correction employees and contract mental health specialists.
“You mean after he was taken to Westville (Correctional Facility in solitary confinement) without a hearing?” Baldwin asked. “After he was taken to Westville without an attorney? After he was taken to Westville without any evidence that the safekeeping statutes were met? You mean then?”
Baldwin and Auger maintain that Allen’s return to Westville to begin serving his prison sentence while his appeal process begins has put his well-being in jeopardy.
”I don’t know why they consistently treat Richard Allen differently than any other person charged with or convicted of a crime in this state,” said Auger. “Westville wasn’t able to keep him safe when he was there the first time. By their own doing they made him unsafe. By their failure to properly diagnose, their failure to properly treat. The failure to keep him safe under his conditions of confinement. They put him at danger in his mental health. Now he’s being guarded by the very people we cross-examined in court. That’s a problem.”
Baldwin said Gull’s rulings limited his ability to explore questions about whether Libby and Abby were on the Monon High Bridge the day of their abductions to meet someone called “Anthony Shots” with whom they had been communicating on social media.
The attorney said he also couldn’t grill Indiana State Police Superintendent Doug Carter when he was on the stand about dissimilar ISP artist sketches of potential suspects on the trail that day and investigators’ theory that more than one killer was involved in the murders.
”The evidence in my opinion is very strong that there were multiple people involved,” said Baldwin. “Because the crime scene does not lend itself to one person, five-foot five-inch Rick Allen is who they’re claiming…the crime scene does not lend itself to one person in the middle of the afternoon on a sunny day doing everything that was accomplished at that crime scene.”
While this was the first time the defense team, unburdened by the expired gag order, chose to sit for an extended television interview after the trial, immediately following sentencing last month, Carter, Carroll County Prosecutor Nicholas McLeland, Sheriff Tony Liggett and the family of Libby German took to a podium to meet reporters, expressed their satisfaction with the jury’s verdict and blast Allen’s attorneys for their defense of the accused.
”I would like to address for a moment the statement made by I believe it was Doug Carter at the press conference on Dec. 20 where he said justice has been done,” recounted Auger. “And if you don’t like justice in this country then leave. I have a moral, ethical, real problem with that. Richard Allen has the right to an appeal and it was very disturbing throughout the sentencing, throughout the victim impact statements at the press conference, these pleas to him not to appeal. If you have a secured conviction, if you have a righteous conviction, you don’t need to do that. He has a constitutional right to appeal his conviction, and to tell people to not to question that is dangerous.”
The interview with Baldwin and Auger took place in the conference room of the Franklin law office where a former associate, Mitch Westerman,
admitted surreptitiously photographing sensitive trial evidence and then disseminating the information to social media posters who published the pictures.
One of the posters took his own life after being questioned by State Police and Carter put the blame for that death on the defense team.
”I was really troubled by the theme on Dec. 20 of the defense counsel being unethical,” said Auger. “That Brad (Rozzi) and Andy somehow had something to do with that man’s death and this is by our top Indiana law enforcement, and if people believe this, you’ve now placed targets on our backs, and if something would happen to us, who’s going to investigate? The State Police. The very people who put targets on our backs.”
Baldwin still wrestles with the betrayal of his former friend in revealing confidential trial evidence.
”It was a real dramatic mistake. A life-altering mistake for Mitch who is actually…I have forgiven him,” said Baldwin.
“Did the leaks set back the credibility of the defense and your ability to pursue the case?” Baldwin was asked.
“Probably,” he answered. “It probably did and it’s very upsetting.”
At the post-sentencing press conference, investigators said the conviction of Richard Allen for the murders of the girls meant justice had been served.
Auger is not so sure.
”There is no justice for Abby Williams and Liberty German if you convict the wrong person,” she said. “All that does is double the tragedy, double the injustice. If Richard Allen is not guilty, there are still killers out there. That’s not justice. Putting Richard Allen in a tortuous condition isn’t justice. I think it’s not justice even if he did it. This isn’t justice.”
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