Accused Delphi killer's attorneys fight removal from the case
DELPHI, Ind. — Attorneys for accused Delphi killer Richard Allen refuse to quietly leave the judicial stage.
Andrew Baldwin and Brad Rozzi indicated after an in-chambers hearing on Oct. 19 that they would resign rather than have Special Judge Frances Gull shame them in a public hearing, according to motions filed last week by Rozzi.
On Friday, Gull, a judge in Allen County, appointed two public defenders from Allen County to represent Richard Allen, who is accused of killing 14-year-old Libby German and 13-year-old Abby Williams on Feb. 13, 2017.
But Friday afternoon, Baldwin's attorney, David Hennessy, filed a motion asking Gull to reconsider her dismissal of Baldwin and Rozzi. In that motion, Hennessy argues that Gull exceeded her authority by dismissing the two.
"Comes now counsel for Andrew J. Baldwin and moves the court to reconsider the erroneous order to the Clerk of Carroll County and the removal of appointed counsel without the opportunity to be heard," the motion begins.
Gull on Friday ordered that Baldwin's motions filed last week be removed from the record.
Hennessy's motion states, "No judge has the to oversee the (county) clerk or order the clerk to alter the record of court filings.
"A judge may order sealings of filings only if she complies with Access to Court Record Rules which Judge Gull has not," the motion continues.
Hennessy's motion indicates that Gull's order and alleged coerced removal of Baldwin and Rozzi violated their rights to be heard on the matter.
"The due process clauses of the State and Federal constitutions apply to all citizens, not just the Accused," the motion states. "The fundamental notion of due process is notice and the opportunity to be heard.
"There have been no valid motions to withdraw by appointed counsel," the motion states. "There has been no order of disqualification. There is no legitimate basis for disqualification."
One of the motions Rozzi filed last week was a request that Gull remove herself from the case.
"Upon the filing of the Motion for Recusal and to Disqualify the court loses the authority and jurisdiction to make rulings on other motions or issue orders other (than) a hearing and ruling on the request for recusal and disqualification," the motion states, including a citing of case law.
"The court's order to remove appointed counsel leaves the Accused without representation, interferes with the attorney client relationship, was done outside the presence of the Accused and prejudices his substantial right to the effect representation of counsel," the motion concludes.
One of the two attorneys Gull appointed, Robert C. Scremin, filed his notice of appearance Friday to represent Allen.
A hearing is scheduled for 9 a.m. Tuesday in Carroll Circuit Court. The Journal & Courier will publish the news from that hearing at jconline.com, and it will be published in the printed edition on Thursday.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Accused Delphi killer's attorneys fight removal from the case
