Prosecutor plans to call witnesses in case against attorneys for Delphi murder suspect
DELPHI, Ind. — Expect witnesses and evidence during a hearing March 18 to bolster the prosecutor's allegations of contempt of court against the two attorneys for Delphi murder suspect Richard Allen.
Carroll County Prosecutor Nicholas McLeland filed a notice Wednesday indicating he has shared with Allen's attorneys the names of witnesses and exhibits he will present during the hearing in Allen County in front of Special Judge Frances Gull.
McLeland's public filing does not indicate who will be the witnesses or what exhibits he will present during the hearing.
In turn, McLeland asked Gull to order Allen's attorneys — Brad Rozzi and Andrew Baldwin, as well as their attorney, David Hennessy — to share their witness and exhibit lists before March 7. As of Thursday morning, there is no indication that Gull has issued such an order.
Allen is charged with murder and kidnapping in the Feb. 13, 2017, killings of teenagers Libby German and Abby Williams. They were abducted from the hiking trails near the Monon High Bridge east of Delphi and killed on the north bank of the Deer Creek about a quarter-of-a-mile from the bridge.
Their bodies were found the next morning. Nearly six years later, police arrested Allen.
His case has been highlighted by legal bickering filed in motions and petitions and court rulings since the case was filed on Oct. 28, 2022.
More recently, McLeland filed a motion Jan. 29 asking Gull to hold Rozzi and Baldwin in contempt for their actions outside of the courtroom.
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Baldwin and Rozzi have retained their own attorney — David Hennessy — to represent them in the hearing next month, but on Monday, Hennessy filed a motion asking for clarification about how McLeland planned to proceed with the contempt allegations.
"(T)he State intends to call specific witnesses and introduce various pieces of evidence at the hearing on contemptuous conduct ...," McLeland responded in the prosecution's response.
In a petition filed Monday, Hennessy asked for McLeland to clarify his allegations of contempt, which Hennessy indicated had "insufficiencies."
For example, Hennessy points out that McLeland accused Rozzi and Baldwin of violating the court's order on statements about the case, citing a news release in November 2022 before the court issues a gag order. Hennessy claims McLeland does not indicate how or why this is contemptuous behavior.
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Hennessy went on to challenge five other incidents McLeland cited as contemptuous. McLeland did not specifically address Hennessy's points in his notice filed Wednesday.
Hennessy also made a procedural challenge over how McLeland is attempting to hold Rozzi and Baldwin in contempt.
Hennessy's filing on Monday asserts that McLeland must file a case separate from Allen's criminal case and alleged the specific incidents of contempt in that filing. In such instances, Rozzi and Baldwin are entitled to an initial hearing before any evidence or sanctions.
If Rozzi and Baldwin are found in contempt for their actions outside of the courtroom, they might face a penalty of incarceration and fines, according to Indiana law.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Witnesses to testify in case against lawyers for Delphi murder suspect
