Indiana Supreme Court hears Delphi murders case arguments

(NewsNation) — The Indiana Supreme Court heard arguments Thursday regarding Richard Allen’s request to reinstate his original defense team after they were removed from his case last fall.

Allen, the man charged with the 2017 killings of teenagers Abby Williams and Libby German in Delphi, Indiana, was not present for Thursday’s court hearing, despite being the one who filed the motion.

Allen was originally scheduled to stand trial for the double murders this month. Instead, after what the judge called an “unexpected turn of events” in October, the fate of Allen’s defense team now lies with the state’s highest court.

Allen claims he was mistreated by the court after Special Judge Fran Gull dismissed Bradley Rozzi and Andrew Baldwin from his trial, who were appointed as Allen’s public defenders when he was arrested in connection to the killings in 2022.

Now, Allen’s requested three things from the Indiana Supreme Court: He wants Baldwin and Rozzi reinstated, a new judge and a trial within 70 days.

Allen’s lawyers were removed from the case following a leak of crime scene evidence online. The judge referred to the attorneys as “grossly negligent” as a part of her reasoning for their removal.

An employee of Baldwin and Rozzi‘s law office later admitted they took the photos without permission and they were not leaked by the lawyers.

Allen was then assigned new attorneys. Gull said that Baldwin and Rozzi’s removal from the case would benefit Allen as he should have access to a competent defense team.

Mark Leeman, the counsel for the relator, argued that Gull never held a hearing to voice her concerns about alleged negligence and incompetence. She just made the decision without a discussion, he said.

“My client’s entitled to a jury trial with effective lawyers that he spent a year and three months developing a well-thought-out strategy of third party guilt, and a speedy trial to catch that prosecutor on their back foot, and it was blown out of the water from a judge who exceeded her authority,” Leeman said.

Chief Justice Loretta Rush acknowledged that Gull did not call a formal hearing to discuss her thinking and potential decision-making about defense counsel, which she says would have been the right process to follow. Rush wondered aloud if Gull did act beyond her authority.

However, Matt Gutwein, the counsel for the respondent, argued the judge did give Allen’s former lawyers the right to continue with a trial, but they voluntarily stepped down.

“These kinds of pre-trial, claims of constitutional violation are extremely normal,” Gutwein said. “If this court wants to get in the business of addressing the merits every time a criminal defendant raises a pre-trial constitutional violation, you will be flooded with these kinds of actions.”

Rush again questioned the transcript from the conversation between Gull and the lawyers, stating Gull didn’t really give the lawyers a choice for a trial.

Experts say it’s not always ask and receive when it comes to requests like Allen’s.

“Given what we’ve seen so far, the judge will not be disqualified from this case and Richard Allen has no right to have his original counsel reinstated. So the trial will move forward under Judge Gull and with a new defense team for Richard Allen,” Dr. Jody Madeira, a law professor at Indiana University, said.

However, criminal defense attorney Brian Clayton says the Indiana Supreme Court may allow Allen’s defense team to be reinstated. He explained that Allen has a constitutional right to competent legal counsel. Plus, his previous legal team knows the ins and outs of this case and Allen wants Baldwin and Rozzi to represent him.

No official decision was made by the Indiana Supreme Court Thursday, though a written opinion is expected some time in the future.

On the same day, Carroll County Prosecutor Nicholas McLeland filed new felony charges against Allen, NewsNation affiliate Fox 59 wrote, so he now faces a total of four counts of murder and two felony counts of kidnapping.

Allen’s trial has been delayed until October 2024 to allow his new attorneys sufficient time to review the case.

NewsNation affiliate Fox 59 contributed to this report.

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A reckoning awaits these out-of-touch lawmakers hopelessly in denial



Last month, some House members publicly acknowledged that Israel has been committing genocide in Gaza. It’s a judgment that Amnesty International and Human Rights Watch unequivocally proclaimed a year ago. Israeli human-rights organizations have reached the same conclusion. But such clarity is sparse in Congress.

And no wonder. Genocide denial is needed for continuing to appropriate billions of dollars in weapons to Israel, as most legislators have kept doing. Congress members would find it very difficult to admit that Israeli forces are committing genocide while voting to send them more weaponry.

Three weeks ago, Rep. Rashida Tlaib (D-MI) introduced a resolution titled “Recognizing the genocide of the Palestinian people in Gaza.” Twenty-one House colleagues, all of them Democrats, signed on as co-sponsors. They account for 10 percent of the Democrats in Congress.

In sharp contrast, a national Quinnipiac Poll found that 77 percent of Democrats “think Israel is committing genocide.” That means there is a 67 percent gap between what the elected Democrats are willing to say and what the people who elected them believe. The huge gap has big implications for the party’s primaries in the midterm elections next year, and then in the race for the 2028 Democratic presidential nomination.

One of the likely candidates in that race, Rep. Ro Khanna (D-CA), is speaking out in ways that fit with the overwhelming views of Democratic voters.

“I agree with the UN commission's heartbreaking finding that there is a genocide in Gaza,” he tweeted as autumn began. “What matters is what we do about it – stop military sales that are being used to kill civilians and recognize a Palestinian state.”

Consistent with that position, the California congressman was one of the score of Democrats who signed on as co-sponsors of Tlaib’s resolution the day it was introduced.

In the past, signers of such a resolution would have reason to fear the wrath — and the electoral muscle — of AIPAC, the Israel-can-do-no-wrong lobby. But its intimidation power is waning. AIPAC’s support for Israel does not represent the views of the public, a reality that has begun to dawn on more Democratic officeholders.

“With American support for the Israeli government’s management of the conflict in Gaza undergoing a seismic reversal, and Democratic voters’ support for the Jewish state dropping off steeply, AIPAC is becoming an increasingly toxic brand for some Democrats on Capitol Hill,” the New York Times reported this fall. Notably, “some Democrats who once counted AIPAC among their top donors have in recent weeks refused to take the group’s donations.”

Khanna has become more and more willing to tangle with AIPAC, which is now paying for attack ads against him.

On Thanksgiving, he tweeted about Gaza and accused AIPAC of “asking people to disbelieve what they saw with their own eyes.” Khanna elaborated in a campaign email days ago, writing: “Any politician who caves to special interests on Gaza will never stand up to special interests on corruption, healthcare, housing, or the economy. If we can’t speak with moral clarity when thousands of children are dying, we won’t stand for working Americans when corporate power comes knocking.”

AIPAC isn’t the only well-heeled organization for Israel now struggling with diminished clout. Democratic Majority for Israel, an offshoot of AIPAC that calls itself “an American advocacy group that supports pro-Israel policies within the United States Democratic Party,” is now clearly misnamed. Every bit of recent polling shows that in the interests of accuracy, the organization should change its name to “Democratic Minority for Israel.”

Yet the party’s leadership remains stuck in a bygone era. Sen. Kirsten Gillibrand (D-NY), the chair of the Democratic Senatorial Campaign Committee, typifies how disconnected so many party leaders are from the actual views of Democratic voters. Speaking in Brooklyn three months ago, she flatly claimed that “nine out of 10 Democrats are pro-Israel.” She did not attempt to explain how that could be true when more than seven out of 10 Democrats say Israel is guilty of genocide.

The political issue of complicity with genocide will not go away.

Last week, Amnesty International released a detailed statement documenting that “Israeli authorities are still committing genocide against Palestinians in the occupied Gaza Strip, by continuing to deliberately inflict conditions of life calculated to bring about their physical destruction.” But in Congress, almost every Republican and a large majority of Democrats remain stuck in public denial about Israel’s genocidal policies.

Such denial will be put to the electoral test in Democratic primaries next year, when most incumbents will face an electorate far more morally attuned to Gaza than they are. What easily passes for reasoned judgment and political smarts in Congress will seem more like cluelessness to many Democratic activists and voters who can provide reality checks with their ballots.