Supreme Court: Delphi murder suspect Richard Allen can have original attorneys back

Watch archived video of hearing: Click here to stream the arguments.

The Indiana Supreme Court on Thursday granted Delphi murder suspect Richard Allen's request to reinstate his original defense team but denied his plea for a new judge.

The ruling came just hours after the justices heard oral arguments on the controversial case. The order did not state reasons for the court's decisions, but said they will be revealed in a written opinion to be issued soon.

The arguments Thursday morning before the state's highest court came down to these key questions: Does Allen have the "autonomy" to choose his own defense? And did Special Judge Frances Gull abuse her authority when she forced Allen's attorneys, Andrew Baldwin and Bradley Rozzi, off the case after determining they had been negligent and incompetent?

Mark Leeman, who represents Allen in his bid to get his defense attorneys reinstated, argued the answer is an unequivocal yes.

"No Indiana court has tolerated a trial judge removing a lawyer from a case over the client's objections" based on her "subjective" belief that Allen's defense team had been "grossly negligent," Leeman told the court.

Gull's attorney, Matthew Gutwein, argued the judge has the authority to remove Allen's attorneys for conduct she found troubling. He also denied Gull has been unfair to the defense, saying a judge's adverse rulings are not enough to show bias.

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Allen is awaiting trial for the killings of Abigail "Abby" Williams and Liberty "Libby" German, two teenagers whose deaths captured the world's attention. The friends were last seen on Feb. 13, 2017 on the Monon High Bridge in Carroll County and were found dead in a nearby woods the next day. Allen, who worked at a local pharmacy, was arrested and charged more than five years later.

Also on Thursday, Carroll County Prosecutor Nicholas McLeland submitted a motion to file additional murder and kidnapping charges against Allen, saying they "more accurately align with the cause's discovery and probable cause affidavit."

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The controversies shrouding the case have spawned a circus-like atmosphere that legal experts say is threatening to overshadow the memories of the two slain teens and derail Allen's right to a fair trial.

The justices also denied Allen's request to set a trial date within 70 days.

Allen's attorney says he's been clear he wants Baldwin and Rozzi

Leeman argued Allen has been clear about what he wants, and Gull had the "absolute duty" to act based on the defendant's wishes. He said Gull has discretion to remove the attorneys if there's a conflict of interest, but absent that, the choice regarding his own representation should be left to Allen.

"Our obligation is to the defendant," he told the justices. "The defendant wants Mr. Baldwin and Mr. Rozzi to represent him despite what the other side is trying to represent."

Rush, the chief justice, pressed Leeman on the "questionable things" that have occurred on the case, including a security breach in one of the defense attorney's offices that led to the leaking of graphic crime scene photos, and wondered whether there's a line a trial judge has to draw.

Justice Christopher Goff asked why Allen went straight to the Supreme Court with his requests instead of going through the normal appellate process. Gull, through her attorney and the Indiana Attorney General's Office, has argued that the normal appellate process, not the Supreme Court, is the right venue for Allen's requests.

Leeman argued the normal process would delay what is already a protracted criminal case.

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"My client is entitled to a jury trial today," Leeman said, adding that Allen and his original defense team spent a lot of time developing his defense strategy. "It was blown out of the water" after Gull removed the attorneys.

Failure to act now by reinstating Baldwin and Rozzi harms not only Allen, but also the victims and the judiciary system, Leeman argued.

Judge Gull's attorney: Trial courts are 'vested with discretion'

Gutwein argued the judge had the authority to disqualify Allen's attorneys, saying trial courts are "vested with discretion."

Gull disqualified Baldwin and Rozzi during a contentious hearing in October, during which she told Allen that she "cannot and will not allow these attorneys to represent you with the concerns that I've had."

During a private meeting earlier that month, Gull enumerated to Baldwin and Rozzi those concerns that she said she planned to read in open court. These included the leaks, unauthorized public statements to the press, and providing false information about the conditions of Allen's incarceration at the Westville Correctional Facility, where he was being held pending trial.

Allen has since been transferred to the Wabash Valley Correctional Facility, where his new defense attorneys have also made similar allegations of mistreatment by prison officials.

Baldwin and Rozzi, who have denied being negligent or incompetent, withdrew from the case, with Rozzi saying the judge left them with an impossible choice: quit or be shamed publicly. Gull officially removed the attorneys from the case after they backtracked and decided to stay on at Allen's request.

During the hearing Thursday, Rush, the chief justice, pressed Gutwein on how Gull removed the attorneys from the case.

"It does not appear this was done the proper way," Rush said, adding the judge should've held a hearing to hear evidence of negligence and incompetence. "So there's no process involved at all?"

Gutwein said Gull intended to have a hearing, but Baldwin and Rozzi "made their own strategic decision to withdraw."

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"That was their choice," Gutwein said.

To which Rush responded: "Was it a full and free choice?"

Gutwein said Baldwin and Rozzi are both experienced attorneys who had been made aware that Gull was considering disqualifying them.

Justice Mark Massa acknowledged the judge may have been "exasperated" with Baldwin and Rozzi, but he also said being "insubordinate" is not the same as "ineffectiveness."

Allen's jury trial is now set for October 2024, two years after he was arrested.

Contact IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.