Murder Suspect Delphi’s Hearing Was Arranged by 11th-hour Documents

Murder Suspect Delphi’s Hearing: Two new motions were filed late Monday afternoon, setting Richard Allen’s hearing for Tuesday morning. Allen is accused of killing two people in Delphi. Media outlets from all over the state filed a brief explaining why they think the charges and probable cause against Richard Allen should not be kept secret.

Hearing Regarding the Suspect in the Murder of Delphi

Following the filing of two fresh applications late on Monday afternoon, a hearing has been scheduled for Tuesday morning about the case of Richard Allen, who is accused of murder in the city of Delphi.

A brief was submitted by state media outlets arguing for the release of the probable cause statement and charge documents against Richard Allen. In a press release dated October 31, the Indiana State Police said that 50-year-old Allen of Delphi had been apprehended on October 26, arrested on October 28, and charged with murder on October 31 in connection with the deaths of Libby German and Abby Williams on February 13, 2017.

However, the public has seen no evidence in court to back up the state police’s claims. Furthermore, state law mandates that the arrestee’s name, age, residence, charges, and other relevant facts be made public within 24 hours after the arrest.

Five days after Allen’s arrest, Indiana State Police finally made public that he was in custody and facing two counts of murder. In an earlier article this month, the Journal & Courier complained to the Indiana Public Access Counselor about the delay in Allen’s arrest.

On Monday, the attorney for Richard Allen requested that he be allowed to post bail or be freed on his recognizance. The accused is asking for a hearing to be released on his recognizance or, failing that, to have reasonable bail set for him “since neither the proof of guilt is apparent nor the presumption of guilt is high.”

According to Indiana law, every defendant has the right to a bond that is both fair and sufficient to assure the defendant’s attendance in court. Murder and treason are the only crimes that disqualify an offender from receiving bail. Bond is rarely granted to defendants who have been charged with murder. Indiana law allows a bond to be set even if the odds are stacked against the state.

Read also:

Murder Suspect Delphi's Hearing
No one knows how credible the charges against Allen are since the public has not read the probable cause document. In a brief filed with the court, media outlets from across the state, including Gannett (the Journal & Courier’s parent company), the Hoosier State Press Association, the Associated Press, Scripps Co., and television news outlets like the Indiana Broadcasters Association, summarized the public release of the affidavit.

News organizations’ lawyers wrote in their brief, referencing a case from Nebraska, that “Secrecy of judicial action can only breed ignorance and distrust of courts and suspicion concerning the competence and impartiality of judges,” while “free and robust reporting, criticism, and debate can… subject (the criminal justice system) to the cleansing efforts of exposure and public accountability.”

The public’s confidence is essential to a functioning democratic society, and accountability helps foster that trust. According to the media brief, “the background leading up to the Defendant’s arrest, coupled with the seriousness of the underlying alleged offenses… underlines the need for openness.”

The short mention that an arrest is made after a seemingly endless inquiry, but there is little information provided to dispel concerns that this is a politically motivated detention. Making the charge documents public would encourage continuous accountability and public faith in the process if there is any suspicion that the defendant’s arrest was an unjustified attempt to accommodate public demand. It is the public’s right to be informed.

Allen County, Ohio, appointed Frances Gull as a special judge to hear the case. On Tuesday, she will hear arguments for and against unsealing the probable cause and charge documents. On Tuesday, Gull may decide to release the sealed files. She might potentially consider the situation and give a ruling later this week or in the next several weeks.

The Journal & Courier will be present at the hearing on Tuesday and will provide coverage of the proceedings from within the courtroom that day.

Read also:

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top