Attorneys for Delphi murder suspect ask for clarification of contempt allegations

Ron Wilkins, Lafayette Journal & Courier
·2 min read
1

DELPHI, Ind. — Delphi murder suspect Richard Allen's attorneys want to know how to prepare a defense for the contempt-of-court allegations levied against them by Carroll County Prosecutor Nicholas McLeland.

McLeland filed a motion last month asking for a hearing focusing on Allen's attorneys' alleged contempt of the court's orders in the case. Most of the allegations McLeland raises against Brad Rozzi and Andrew Baldwin happened outside of the courtroom, making the allegations "indirect contempt of court."

Allen is charged with murder and kidnapping and is accused of abducting Libby German and Abby Williams from the Monon High Bridge trails on Feb. 13, 2017, and killing the two teenagers.

Carroll County Prosecutor Nick McLeland speaks during a press conference addressing updates regarding the investigation of the murders of Abby Williams and Libby German, Monday, Monday, Oct. 31, 2022, at Delphi United Methodist Church in Delphi, Ind.
Carroll County Prosecutor Nick McLeland speaks during a press conference addressing updates regarding the investigation of the murders of Abby Williams and Libby German, Monday, Monday, Oct. 31, 2022, at Delphi United Methodist Church in Delphi, Ind.

Allen was arrested on Oct. 26, 2022, and his trial is scheduled for this October.

Both Rozzi and Baldwin have retained legal counsel to address McLeland's allegations, which are set for a hearing March 18 in front of Special Judge Frances Gull. Gull removed Rozzi and Baldwin as counsel to the murder suspect last year, but the Indiana Supreme Court reinstated them.

More: What the Indiana Supreme Court said about 'extraordinary' Delphi situation in its ruling

In a petition filed Monday, Rozzi's and Baldwin's counsel — attorney David Hennessy — asks for clarification about McLeland's allegations and whether the court plans to seek criminal contempt of court.

The petition says McLeland's motion doesn't specify what was contemptuous. For example, McLeland cited the news release Baldwin and Rozzi published in November 2022 after being appointed to the case. But that was before a gag order was in place, and McLeland did not specify how or why that was contemptuous.

"It seems clear that the State is really attempting to charge indirect criminal contempt," Hennessy writes in the petition. "As such, a separate filing and initial hearing would be contemplated."

According to the state website, criminal contempt carries possible penalties of imprisonment and fines. The site also indicates the best practice is to file the criminal contempt charge as a separate action brought by the state and have a special judge preside.

As of Tuesday, McLeland has not filed the allegations of contempt as a separate case, and no special judge has been appointed to hear the state's allegations.

"The evidence must show that contemnor acted with willful and intentional disobedience," the state site says.

Hennessy's petition also asks for guidance on whether the March 18 hearing "will be a formal advisement of specific allegations or whether the Court anticipates hearing testimony and receiving evidence."

Special Judge Frances Gull, who presides over Allen's murder case, had not responded to Monday's petition as of Tuesday afternoon.

Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.

This article originally appeared on Lafayette Journal & Courier: Delphi murders: Suspect Richard Allen's attorneys ask for clarification