Prosecutors file brief arguing that Richard Allen should not receive bond
DELPHI, Ind. — Carroll County Prosecutor Nicholas McLeland filed a brief Tuesday detailing why Special Judge Frances Gull should deny bond for Richard Allen — Libby German and Abby Williams' accused killer.
Gull scheduled a hearing for 10 a.m. Feb. 17 to vet arguments for and against Allen receiving bond.
The state must prove that it is more likely than not that Allen is the man who killed Libby and Abby in order to persuade Gull to deny Allen's request for bond.
"... (T)he crime of Murder is not bailable if the State proves by a preponderance of the evidence that the proof is evident or the presumption strong that the Defendant committed the offense," the brief states.
"... (T)he State believes the evidence shows culpability of the actual crime of Murder, for which bail may be wholly denied," McLeland's brief states. "(T)he State believes this evidence shows by a preponderance of the evidence that the Defendant committed the crime of Murder."
Delphi murders investigation timeline: Review the case through 5 years of reporting
Allen, 50, of Delphi, faces two murder charges that accuse him of killing the two teens along the north bank of the Deer Creek on Feb. 13, 2017.
Libby, 14, and Abby, 13, went for a hike on the trails east of the city on an unseasonably warm February day. Their killer forced the girls to leave the trails, taking them to a spot east of the Monon High Bridge, where the girls were killed.
After more than five years of investigation, police arrested Allen on Oct. 26, and he was charged Oct. 28.
The probable cause affidavit ties tool markings on an unfired bullet found at the murder scene to Allen's semiautomatic pistol.
The mechanism that ejected bullets or shell casings from a semiautomatic firearm leaves markings that are distinctive to a specific firearm, according to tool-marking experts' testimony in previously covered trials.
On a video that Libby made as she was abducted, their killer walked behind the girls, and one of the girls said, "Gun," according to the affidavit.
Investigators have not released the girls' cause of death, and it is not contained in any court documents available to the public.
On Nov. 21, Allen's attorneys filed a motion requesting bond, arguing that the proof of Allen's guilt is not evident, and the presumption of guilt is not strong.
In Indiana, all defendants are entitled to a bond high enough to ensure their presence in court. The charges of murder and treason are the two exceptions to that right.
Those charged with murder and treason may be held without bond. However, bond may be granted if the state's case is not persuasive.
Allen's trial date is scheduled for March, but that likely will be continued.
Last month, Gull denied Allen's motion for a change of venue, meaning the trial will be held in Delphi. However, Gull said that the jury would be picked from another county and bused to Delphi for the trial.
McLeland and Allen's attorneys agreed to pick a jury from either St. Joseph or Allen counties.
Gull ruled last month that the jury would be selected in Allen County, which is the Fort Wayne area.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Delphi murder suspect Richard Allen shouldn't get bond, prosecutors say
