Richard Allen's former attorneys take pleas to Indiana Supreme Court

Nov. 7—DELPHI — Two former members of the legal team for Delphi suspect Richard Allen have now taken their case to the Indiana Supreme Court in hopes of being reinstated as representation.

Defense attorneys Bradley Rozzi and Andrew Baldwin have also asked the highest court in the state to remove Special Judge Frances Gull for what they're calling her alleged "bias" toward the pair.

The filing came weeks after Rozzi and Baldwin withdrew from the case, after Gull said they were acting in "gross negligence" when a former associate of Baldwin reportedly leaked evidence — specifically crime scene photos — to a media outlet.

The filing came days after Gull officially disqualified Rozzi and Baldwin during an Oct. 31 hearing inside Carroll Circuit Court, despite the attorneys arguing that Allen wished to have them remain on the case and that they would represent their client pro bono (without pay).

"No Indiana court has ever tolerated a trial judge removing a lawyer from a case, over the client's objection, based on the judge's subjective belief the lawyer is negligent, or even 'grossly negligent,'" attorneys Mark K. Leeman and Cara Schaefer Wieneke — who are representing Rozzi and Baldwin — argued in Monday's brief.

Leeman and Schaefer Wieneke added that the Hoosier state only recognizes two "narrowly circumscribed situations" in which a trial court would sever the attorney-client relationship against the client's wishes, per the brief.

Those two instances, according to Leeman and Schaefer Wieneke, are when a lawyer is not a member of the state bar or when a lawyer has an actual conflict of interest in the case that hinders his or her ability to represent fairly.

Rozzi and Baldwin fit neither of those categories, their attorneys argue.

"Here, the judge acted to terminate the attorney-client relationship when she had an absolute duty to refrain from doing so," Leeman and Schaefer Wieneke stated in the brief. "The Court should mandate Attorneys Rozzi and Baldwin be immediately reinstated. ... The inquiry should end there.

"... It is entirely unclear from the record what the court found was 'gross negligence,'" Leeman and Schaefer Wieneke continued. "... Nevertheless, the judge's subjective allegations of 'gross negligence' fall into two categories: a mere disagreement with zealous defense tactics or concerns about the unintended release of evidence."

In Monday's brief, Leeman and Schaefer Wieneke also stated they believe a new judge should be appointed in the case to "avoid the appearance of bias" in future court proceedings, according to the Monday filing.

"For many Hoosiers, this case marks the first time they have followed the workings of an Indiana court," Leeman and Schaefer Wieneke stated. "Yet for all rulings going forward, the public will question the judge's impartiality. To restore the public's trust in the integrity of the judicial process in this high-profile case, a new special judge should be appointed."

Another concern brought up in the brief dealt with Allen's purported wishes for a speedy trial, which Leeman and Schaefer Wieneke said will not happen now that he has been assigned new defense attorneys (Fort Wayne-based Robert Scremin and William S. Lebrato).

"He (Allen) intended to file a speedy trial request in early November" the brief stated. "But the judge kicked them (Rozzi and Baldwin) out of the case, rejected their appearance and struck their pleadings. This Court (Supreme Court) is the only court in the state that can order a speedy trial date. If it does not seize this opportunity now, it will forever be lost."

During the Oct. 31 hearing, Gull did ask Scremin and Lebrato when they would be ready for trial, which was set to begin in January 2024.

The attorneys responded they would not be ready by that time due to the amount of discovery in the case, and the court subsequently moved that trial back to October 2024.

And in her own order rendered Thursday, Indiana Supreme Court Chief Justice Loretta Rush is now giving all parties in the case until Nov. 16 to make any additional filings on the matter before it is officially taken under advisement.

It's been a year since Allen was arrested for the deaths of Delphi teenagers Libby German and Abby Williams, who went missing on Feb. 13, 2017, near the Monon High Bridge in Carroll County.

The next day, their bodies were found along Deer Creek.

During a police interview, Allen admitted to being on the bridge the day the girls went missing, though he stated he never saw the pair.