The public prosecutor’s office is pushing against it with murder allegations Richard Matthew Allen50, in Indiana’s Delphi Murders issued a statement Wednesday in defense of his mostly secret case.
The statement, released by WXIN, an Indianapolis FOX subsidiary, reads as follows:
The Carroll County Attorney’s Office appreciates that the judge listened to our arguments yesterday morning and looks forward to her decision. As I said in court yesterday, we firmly believe that the evidence shows that Richard Allen was implicated in the murder of Libby and Abby. As the investigation is ongoing and given the intense public interest in the case, we believe it is best if the documents remain sealed. Regardless of the verdict, we believe we have a very solid case against Mr. Allen and look forward to making our case in court.
The statement says the Carroll County Attorney Nick McLeland believes Allen was “involved” in the twin murders Abigail “Abby” Williams13, and her friend Liberty “Libby” German14, and that approximates the felony-homicide-style legal theory enshrined in the specific subsection of Indiana statute under which Allen is charged.
Allen is charged under Indiana Code § 35-42-1-1(2) with “killing another human being while committing or attempting another felony or felonies,” including “arson, burglary, child molestation . . . kidnapping, rape, robbery, human trafficking, facilitating human trafficking, facilitating sex trafficking in human beings, facilitating child sex trafficking, facilitating sex trafficking of a younger child” or “child sex trafficking”.
As Law&Crime noted in a previous report unpacking the charges against Allen, it’s not clear from the record what underlying crime or crimes are alleged in the Delphi case — but the list of possibilities contained in the law is staggering.
German and Williams disappeared on February 13, 2017 while walking the Monon High Bridge Trail near Delphi, Indiana. The trail traverses an abandoned section of the former Monon Railroad and crosses an old trestle.
On or near the box the two girls disappeared. The girls’ bodies turned up on February 14, 2017.
It’s possible the kidnapping is being alleged as the underlying crime because authorities released a short video clip a long time ago, recorded in German, in which someone said, “Guys, down the hill.” Most of the clip was never released, as were many other details about the murky case.
Wednesday’s prosecutors’ statement was a thinly veiled attempt to bolster the case after two of Allen’s defense attorneys slammed what is currently locked in a court clerk’s file.
Much of the criticism was directed at a request by prosecutors – and subsequently an order from a judge – to withhold the probable cause affidavit against Allen long after his arrest. A coalition of news organizations and even Allen’s lawyers have tried to declassify the allegations so the public can see them and subject them to the kind of scrutiny prosecutors normally face when indicting an accused.
Sealed records are not uncommon, but it is rare for an indictment instrument to remain completely sealed after an arrest.
Prosecutors suggested others may have been involved in the crime as they justified keeping the case closed during a hearing on Tuesday.
Andrew J Baldwin, a defense attorney for Allen, called the indictment document “thimble” when speaking to reporters after a hearing to determine whether or not the document should remain classified. A judge will rule on that question at a later date.
Baldwin said he and his co-counsel Brad Rozi were “not impressed” by the way the affidavit attempts to link his client to the double homicide.
“I suppose it might be weird for defense attorneys to argue that we want things unsealed, but that’s how much trust we have in our client,” Baldwin also said. “So confident are we that the evidence contained, at least as stated in the probable cause affidavit, is not a cause for concern for us. We don’t know what other evidence is out there, but we are confident that what is out there will not be enough to show our client did anything here.”
Baldwin said Allen was “confused” and “confused” about why he was being charged and had told his attorneys he was innocent.
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