DELPHI, Ind. — Tuesday's hearing in the Delphi murders case started 40 minutes late and centered around disqualifying Richard Allen's former attorneys from representing him, and then setting a new trial date.
Allen is accused of killing Libby German and Abby Williams in February 2017.
During the hearing, Allen's former attorneys, Andrew Baldwin and Bradley Rozzi, were sitting next to him and his newly court-appointed public defenders sat behind him.
Judge Frances Gull told Richard Allen, "I cannot and will not allow these attorneys to represent you." She then disqualified Baldwin and Rozzi from representing him – even pro bono.
"I'm sorry that this has happened, Mr. Allen," Gull then said.
Baldwin's attorney, David Hennessy, spoke to the judge about his disqualification. He said the judge did not give them any notice of the alleged "gross negligence" on the defense's part, so they were not prepared for the ruling on them not representing Allen. He said the judge's summary ruling violates the constitution and is unfair to Allen and his defense.
Baldwin told the judge, "Allen has asked us to represent him." Rozzi then said to the judge, "We're on a different page on how we acted."
The state told the judge its concern is for Allen to have a fair trial.
Allen's recently-appointed public defenders asked the judge to push his trial back. It was originally set for Jan. 24, 2024, but is now set for Oct. 15-31, 2024.
In a filing, Allen's new court-appointed attorneys, William S. Lebrato and Robert C. Scremin, noted they were appointed to the case Oct. 27 and have not received discovery, stating "it will be impossible for counsel to be ready for trial in January 2024."
Allen's attorneys said they have not talked to the state yet. A return of discovery is coming by end of week.
The prosecutor did not object to the appointing of new attorneys or moving the trial back.
Allen's original defense team files to return to case
13 Investigates had previously learned the two attorneys who were Allen’s original defense team in the Delphi murders case filed appearances late Monday to be officially back on the case.
Baldwin and Rozzi had told the court they planned to represent Allen as pro bono attorneys if the judge didn't re-appoint them as public defenders.
In court documents obtained by 13 Investigates, both attorneys cited the tremendous time they had already put in on the case contacting witnesses, conducting depositions and reviewing and analyzing evidence. They also noted their push to have the court consider their request to suppress evidence gathered in the search of Allen’s home.
Gull had ordered Baldwin and Rozzi removed as attorneys of record and, last week, appointed two new public defenders to represent Allen.
In several court filings, Baldwin and Rozzi both claimed Gull coerced them to withdraw from the case during an in-chambers meeting that happened before the hearing scheduled for the afternoon of Oct. 19. Rozzi wrote that the judge read a prepared statement detailing a number of grievances with how the defense had been handling the case and what she called “gross negligence” before she gave them the choice to withdraw or to have the statement read in open court and then be disqualified from the case.
In court on Oct. 19, Gull told the assembled crowd that she had accepted Baldwin’s verbal withdrawal and that she expected Rozzi to submit his withdrawal in the next few days.
In the appearances filed Monday evening, both attorneys reiterated that they did not withdraw voluntarily.
Last week, Baldwin and Rozzi filed a motion to disqualify Gull from the case. They claimed she violated a number of rules of judicial conduct and is prejudice against the defense counsel. They asked that she recuse herself and a new judge be appointed.
RELATED: Richard Allen attorneys announce withdrawal, leaving Delphi murders suspect without representation
In a letter made public Monday as part of a filing in a different but related case, Allen wrote to the court on Oct. 11 that he did not want Baldwin and Rozzi removed from his case.
“I want Mr. Baldwin and Mr. Rozzi to continue to represent me until this case is resolved, one way or the other. I believe they are acting in a manner that is in my best interest,” Allen wrote in the letter to Gull.