Delphi murders suspect Richard Allen is trying one more time to divorce the case from Special Judge Frances Gull, whom he and his defense team have repeatedly accused of being bias against them.
In a filing Thursday, Andrew Baldwin, one of Allen's attorneys, argued that Gull has violated Indiana trial rules by failing to make a decision on two of the defense's motions within the 30-day time frame the rules required. Baldwin is asking the Indiana Supreme Court's chief administrative officer, Justin Forkner, to review the case and determine whether rulings have, indeed, been delayed.
If Forkner makes that determination, the case must be withdrawn from Gull's court, and the Indiana Supreme Court must appoint a special judge, according to Indiana trial rules Baldwin cited.
The latest effort by Allen's defense team to remove Gull from the case centers on two pending motions that were filed in March and April ― well beyond the 30-day window. Both motions are seeking what's called a Frank's hearing, which would allow the defense team to present evidence that law enforcement made false statements in an affidavit that ultimately led to Allen's arrest in October 2022.
A 'legal disaster':Delphi murder case marred by delays and endless fights
Baldwin noted it has been more than two months since Gull said she would rule on the two motions.
Allen is facing four murder charges for the deaths of Abigail "Abby" Williams and Liberty "Libby" German. The Delphi teens were last seen hiking on the Monon High Bridge on Feb. 13, 2017. Their bodies were found the next day. Allen, who worked at a local pharmacy, was arrested and charged more than five years later.
The case has been marred by controversies, delays and endless fights. Allen's attorneys have accused Gull of being biased against them by "maligning" them and calling them "incompetent," "negligent" and "sloppy." Last month, Gull rejected another attempt by the defense team to get her to step down from the case, saying adverse rulings "do not support a reasonable basis for questioning the Court's impartiality, nor are they grounds for disqualification."
Gull rejects calls for recusal:Judge for Delphi murder suspect Richard Allen explains why she won't step down from case
Several other pending motions on critical issues, including what evidence can and cannot be presented to the jury, are set for hearings from July 30 to Aug. 1 in Carroll County.
Allen's trial is set to begin in October and is expected to last more than a month.
Lafayette Journal & Courier reporter Ron Wilkins contributed to this story. Contact IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.
