Accused Delphi killer gets new attorneys; motions to block removal pending

DELPHI, Ind. — Suspected Delphi killer Richard Allen has new court-appointed attorneys over his objection, for the time being.

"I have grave concerns about their representation," Gull told Allen, noting he is entitled to a vigorous defense. "I cannot and will not let these attorneys represent you. I cannot allow that.

"I have appointed able counsel to represent you," Gull said, calling the actions of his first two public defenders gross negligence. "I'm sorry this has happened to you."

Allen faces two counts of murder and is accused of killing 14-year-old Libby German and 13-year-old Abby Williams on Feb. 13, 2017. He was arrested Oct. 26, 2022, and has been incarcerated in the segregation unit at Westville Correctional Facility for a year.

Gull's decision — as well as previous decisions since she signed on as special judge — are now an issue before the Indiana Supreme Court.

More:Indiana Supreme Court asked to review decisions in suspected Delphi killer's case

A motion for writs to correct Gull's decisions in the Allen case, including dismissal of defense attorneys Andrew Baldwin and Brad Rozzi, was filed Monday and is pending before the Indiana Supreme Court. All parties have until Nov. 9 to submit their briefs and arguments to the Supreme Court, according to an order published Tuesday.

Baldwin and Rozzi said Oct. 19 after a hearing in Gull's chambers that they would withdraw from the case, but neither formally filed the paperwork. Instead, the two filed Monday to represent Allen as private counsel, agreeing to work for free.

More:Delphi murder suspect's attorney says he will stay on the case; calls for judge to quit

More:Accused Delphi killer's attorneys fight removal from the case

They showed up for Allen's hearing Tuesday, but Gull, an Allen County judge, dismissed them, then affirmed her earlier appointment of Allen County public defenders Robert Scremin and William Labrato, who also attended the hearing.

David Hennessy, an attorney representing Baldwin, asked to address the court about the order to remove the Baldwin and Rozzi, who were now private counsel, not public defenders.

"The court appears to be saying it's protecting Mr. Allen, but the court's finding of gross negligence is arbitrary," Hennessy said.

Hennessy argued that had Baldwin and Rozzi been given advance notice about the nature of the Oct. 19 hearing in Fort Wayne, they would have been prepared to rebut Gull's claims of gross negligence and provide a defense against being removed.

"Your summary ruling violates the Constitution," Hennessy said.

On Tuesday, Scremin and Labrato filed a motion to continue Allen's trial, which had been scheduled to begin Jan. 8. Gull ruled on their motion Tuesday morning, postponing Allen's trial until Oct. 15, 2024.

Police arrested Allen on Oct. 26, 2022, after tool markings on an unfired bullet at the crime scene indicated it was ejected from Allen's semiautomatic pistol, according to prosecutors, who charged Allen on Oct. 28, 2022.

For the past year, Allen has been housed in solitary confinement at Westville Correctional Facility for his protection.

Baldwin and Rozzi claimed in April that Allen's mental health was in jeopardy and asked Gull to modify his pretrial incarceration to a county jail closer to Carroll County.

That motion was denied.

Allen's appearance in court Tuesday was the first time the public has seen him since his hearing in June, in which he appeared gaunt and unhealthy.

Gull noted that there were still several motions pending before the court, including a motion to suppress evidence gathered during a search of Allen's home and a Franks hearing that challenges the truthfulness of police in obtaining the search warrant for Allen's home.

No dates for these matters were set during Tuesday's hearing.

Baldwin and Rozzi indicated they could return the state's discovery evidence to Carroll County Prosecutor Nick McLeland by the end of the week.

Gull gave Baldwin and Rozzi the option of working with Scremin and Labrato, but she left it as a request, not an order.

Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.