CARROLL COUNTY, Ind. – The Carroll County Prosecutor’s Office filed its response to several allegations made by attorneys for Delphi murder suspect Richard Allen.
In a series of documents filed in court Tuesday, the prosecutor’s office accused Allen’s defense team of making “unfounded accusations” that are supported by “absolutely no proof.”
Prosecutor Nick McLeland accused the defense of “consuming the limited resources of the office and this court with repetitive motions that lack any factual basis.”
Allen is charged with two counts of murder in connection with the deaths of Abby Williams and Libby German in February 2017.
Allen’s attorneys, Bradley Rozzi and Andrew Baldwin, laid out an extraordinary alternative theory behind the killings.
In a motion filed in September, Allen’s attorneys asserted that the murders were “ritualistic” in nature and blamed followers of Odinism, a religion based in Norse tradition that has been coopted in recent years by white supremacist groups.
Allen’s attorneys alleged that guards personally overseeing their client were adherents of Odinite beliefs. They also said the guards threatened Allen and used a Taser on him on two occasions. They accused the guards of wearing patches linked to Odinism and intimidating Allen as he awaits trial.
In sworn affidavits submitted Tuesday, guards assigned to Allen said they were not practitioners of Odinism. One did say he wore patches specific to a “religious higher power, the same way a Christian person would wear a cross.”
Another guard, in a sworn affidavit, said he practiced “Norse Paganism Heathenry,” and wore patches that could be mistaken for Odinism but were not related to a cult or hate group.
The guards did say they removed the patches from their uniforms in September at the order of their commanders. This followed the defense’s stunning allegations in their motion.
The warden, in a sworn affidavit, said no one in command had an agenda related to Odinism or “ever ordered anyone under their command to harass or threaten” Allen. He also said he hadn’t received any reports that the guards mistreated Allen.
As for using a Taser on Allen, the guards confirmed they employed a Taser twice between May 9, 2023, and May 25, 2023. Allen’s attorneys argued that these were retaliatory measures meant to threaten or intimidate Allen. The guards contended Allen “was tased twice” because “we could not get him to comply with our orders.”
“The correctional officers are required to follow protocol when dealing with an inmate who is in violation of the rules,” the filing said. The guards didn’t do it “out of anger, spite or in an effort to hurt the Defendant or treat him inhumanely.”
The guards said they have not been subjected to an excessive force complaint during their time at Westville Correctional Facility. Allen has been housed there since Nov. 3, 2022, and is kept in a segregation unit for “his safety and protection.”
Allen’s attorneys alleged mistreatment of their client at the facility and expressed concerns about his mental and physical wellbeing. But in a July ruling related to the safekeeping order, the court found Allen “was being treated MORE favorably” than other inmates at the facility, Prosecutor Nick McLeland noted.
The defense team accused guards of “unjust and inhuman treatment.” To that, the prosecution responded that “once again, the allegations in the Defendant’s motion, while colorful and dramatic, are not correct,” according to the filing.
The prosecution’s response also shot down the Odinism theory and said the patches worn by the guards reflect their “religious beliefs and are not associated with any kind of cult.”
Allen’s defense team criticized a guard for failing to leave Allen alone with his wife when she visited, implying that a guard should leave his post and “risk his employment so the Defendant and his wife could have more privacy,” according to the filing.
“The fact that the Defense expects the Defendant and his wife to have intimate privacy in a prison is astonishing,” the response said.
In a filing related to discovery in the case—the defense complained that the state hasn’t turned over all evidence in a timely manner—the prosecution said it has turned over evidence to the best of its ability, including thousands of “tips consisting of phone messages and emails, thousands of police reports, video interviews, audio interviews, lab reports, pictures, phone extractions and other documents of the like” from multiple investigative agencies, including state and federal resources.
It has taken “hundreds of man hours” to copy paper documents and “millions of terabytes of electronic data for the defense,” prosecutors argued. The state has no objection to the defense’s desired Nov. 1 deadline to turn over all evidence in the case, adding that prosecutors don’t believe they’re in possession of any exculpatory evidence or intentionally withheld any evidence.
The state also asked that the defense team be held to the same Nov. 1 deadline to turn over its discovery materials, including its list of witnesses, recorded statements, documents, photographs and other evidence.
Earlier Tuesday, Allen’s lawyers asked the court to quash subpoenas requested by the state concerning Allen’s medical and mental health records at Westville.
Special Judge Fran Gull of Allen County is overseeing the case. Allen’s trial is currently scheduled for January 2024.