Bail hearing, trial date discussion delayed for Delphi murder suspect
The suspect’s defense team requested more time and for his trial to be delayed, and the prosecutor is not objecting.
DELPHI, Ind. (WPTA and WTHR) — Richard Allen, the suspect in the Delphi murders, will not appear in court Friday as originally planned, officials say.
21Alive affiliate WTHR reports that Allen Superior Court Executive John McGauley says Allen’s bail hearing and discussion on a trial date has been delayed. They say Allen’s attorneys asked Special Judge Fran Gull of Allen County for more time and for his trial to be delayed, and the prosecutor is not objecting.
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The defense team’s court filing on Feb. 7 claims they have not yet received all the evidence from the state and won’t be prepared for a Feb. 17 hearing on whether Allen should continue to be held without bail. The defense team said it did anticipate receiving the “remaining discovery” by Feb. 10. The issue is Allen’s attorneys anticipate there being so many documents, it will not be able to prepare in time.
Additionally, the defense team notified the judge it will need the March 20 trial date pushed back.
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The Carroll County Prosecutor’s Office filed paperwork Feb. 13 saying it didn’t object to pushing back the bail hearing and trial. It also asked for any discovery material turned over to the defense or its experts be covered under a protective order. That means it cannot be shared with anyone outside of those involved in the case.
It is not yet clear when the judge will rule on changing the bail hearing and trial date or on the prosecutor’s motion to add discovery evidence given to the defense under a protective order.
At the end of January, the Carroll County prosecutor filed paperwork arguing against bail for Allen. WTHR reports that the prosecutor’s office claims it has provided the court enough evidence against Allen to substantiate the murder charge. The prosecutor says he also believes the “evidence against the accused adds up to strong and evident proof of guilt.”
Additionally, the prosecutor points out that state and local law allows for bail to be denied for a person charged with murder.
At the end of January, Judge Gull ruled that a jury be brought in from Allen County but said she thinks it is “important” to try the case in Carroll County.
During a Jan. 13 hearing, Judge Gull also ruled that the gag order issued in the case continue, meaning defense and prosecution members can only speak with the media about procedural matters. The overall order still prohibits those involved in the case from speaking about it publicly. She also reminded family, friends and witness not to talk with the media.
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