Richard Allen’s attorneys file new brief to overturn Delphi murders conviction
By Ashley Fowler
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INDIANAPOLIS (WISH) — Attorneys for Richard Allen have filed a new brief in the Indiana Court of Appeals, continuing their effort to overturn his conviction in the Delphi murders case.
On Nov. 11, 2024, Allen was found guilty of two counts of murder and two counts of felony murder for the 2017 deaths of 13-year-old Abigail “Abby” Williams and 14-year-old Liberty “Libby” German near the Monon High Bridge near Delphi. He was sentenced to 130 years in prison.
In December, Allen’s attorneys appealed his conviction.
In a reply brief filed Monday, Allen’s legal team argues that the trial court made serious mistakes and reiterates claims made in Allen’s initial appeal, including:
The search of Allen’s home was unconstitutional and the resulting evidence inadmissible because law enforcement omitted or altered key facts when applying for a warrant; The statements Allen made while “gravely disabled” during solitary confinement were involuntary, the product of unconstitutional detention, and inadmissible; The trial court denied Allen his right to a fair trial, prevented his attorneys from presenting a complete defense.
In a motion filed along with the appellate brief, Allen’s attorneys say they need to argue the case before a judge because it involves complex legal issues and constitutional questions, including whether statements made during a mental health crisis can be considered voluntary.
Allen’s attorneys argue that the trial court’s decisions violated his constitutional rights and warrant a new trial.
The Indiana Court of Appeals will now determine whether to grant oral argument and will ultimately rule on Allen’s appeal.
Allen will wait for a decision from the court while serving his sentence in an out-of-state facility. As a precaution, the Indiana Department of Correction last year moved Allen from a state prison to the Lexington Assessment and Reception Center, a maximum-security state prison in Lexington, Oklahoma.
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