Misconduct allegations in Delphi murder case continue less than two weeks before trial

The flurry of misconduct allegations in the Delphi murder case continued this week with new court filings accusing prosecutors and law enforcement of withholding critical information from Richard Allen's defense attorneys and trying to conceal evidence that someone else had committed the crimes.

The accusations come less than two weeks before Allen is set to go to trial for the 2017 murders of Abigail "Abby" Williams and Liberty "Libby" German. Allen, who was arrested almost six years later, is facing four counts of murder.

In one motion filed Monday evening, Allen's attorneys, again, called for sanctions against Carroll County Prosecutor Nicholas McLeland, citing the state's "convoluted, disorganized and often untimely discovery dumps." The defense team has alleged to have received critical pieces of evidence several months late or did not receive them at all.

A key part of Allen's defense is the allegation that a group of Odinists killed the girls during a sacrificial ritual in the woods. But McLeland is asking Special Judge Frances Gull to prevent any mention of Odinism, cult or ritualistic killing and other related names and information during the trial, saying they're irrelevant, unfounded and misleading. Allen's attorneys, in response, argued they've provided evidence, including audio and video interviews and affidavits, to support their claims and asked Gull to hold a hearing next week on McLeland's request.

In their motion Monday, Allen's attorneys home in on a letter they said prosecutors belatedly turned over to them. In the letter, former Rushville Police Chief Todd Click alerted McLeland that he and two other investigators have evidence pointing to other potential killers. Click ― who himself has become at the center of another legal sparring between prosecution and defense ― had investigated the possibility that three men from Rush County, about two hours southeast of Delphi, might be involved in the killings.

"It is hard to imagine a more exculpatory type of letter than one in which an investigator is courageous enough to detail that he and two other investigators believe the prosecution may have accused the wrong man," Allen's attorneys wrote.

More: Prosecutor in Delphi murders case wants Odinism testimony left out of trial

Earlier this week, McLeland said the state has shared all of its information — 26 terabytes worth — with Allen's attorneys and denied claims of lying to the defense team. The prosecutor also said there was no delay in disclosing evidence the state received from Click, an assertion the defense attorneys said was false.

In another motion filed Monday afternoon, the defense team is, again, asking to exclude evidence seized from Allen's home shortly before he was arrested in late October 2022. The attorneys cite new evidence that Carroll County Sheriff Tony Liggett "recklessly withheld pertinent information" they argue would've led to the search warrant application being denied.

"These omissions are so voluminous and significant, that there is no explanation for their omission other than a reckless disregard for the truth," Allen's attorneys wrote.

Allen's attorneys point to an incident report written by former Delphi Police Chief Steve Mullin summarizing a conversation with Indiana State Police Sgt. Mitch Blocher about finding the exact location of Libby German's cellphone in the hours after the girls disappeared. The teens were last seen hiking the Monon High Bridge Trail on Feb. 13, 2017. Their bodies were found near Deer Creek the following day.

Blocher, who died in 2021, believed that Libby's cell was either "no longer in the area, or no longer in working condition," according to Mullin's report, and the last time investigators were able to ping the phone through a nearby cell tower successfully was at 5:44 p.m. Feb. 13, 2017.

But Allen's attorneys allege this was false. They cited data obtained from Libby's phone showing it connected with the cell tower at 4:33 a.m. Feb. 14, 2017 ― a fact the attorneys said investigators were aware of but improperly withheld from the probable cause affidavit justifying a search of Allen's home. They allege investigators withheld several more pieces of information, including evidence pointing to Odinists, that would've resulted in the search warrant application being denied.

More: Delphi defense team calls for sanctions against the prosecutor

Allen has been in the custody of the Indiana Department of Corrections, first at Westville Correctional Facility and now at Wabash Valley Correctional Facility, pending his trial. On Tuesday, McLeland sought to subpoena ViaPath Technologies for records of calls Allen made at the prisons. The Virginia-based telecommunications company is the record-keeper of calls at IDOC facilities.

McLeland had indicated in earlier court filings that Allen confessed to killing the girls during a call with his wife in April 2023.

Allen's trial is set to start on May 13 and is expected to last three weeks. Jury selection will take place in Fort Wayne, and the trial will move to Delphi after jurors are seated.

Lafayette Journal & Courier reporter Ron Wilkins contributed to this article. Contact IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.

This article originally appeared on Indianapolis Star: Delphi murder case chaos continue as trial of Richard Allen looms