DELPHI, Ind. — One of the attorneys for the suspect in the Delphi murders case has filed a motion seeking to delay a trial that was set by the judge.
Special Judge Frances Gull set a hearing for Monday, Feb. 12 at 9 a.m. in the Allen Superior Court in Fort Wayne. Online court records say defendant Richard Allen will be there.
Allen is accused of killing 14-year-old Libby German and 13-year-old Abby Williams in 2017.
However, on Feb. 2, defense attorney Brad Rozzi filed a motion to ask for a continuance. Rozzi claims the hearing was scheduled without consulting his office on his availability. In the filing, Rozzi says he will be out of town Feb. 12 on personal matters and therefore unable to attend the hearing in Fort Wayne.
Rozzi also claims he needs time to hire an attorney and to prepare in order to respond to the accusations that could result in jail time.
In the filing, Rozzi says the upcoming hearing should take place in front of a special judge instead of Gull.
The hearing will cover two recently filed motions by Carroll County prosecutor Nick McLeland.
On Jan. 18, McLeland filed the request to amend the charges against Allen.
Here are the new charges Allen could face:
- Two counts of murder while committing or attempting to commit kidnapping (previously filed Oct. 28, 2022)
- Two counts of murder
- Two counts of kidnapping
In his motion, McLeland said the amended charges "more accurately aligns the charging information with the cause's discovery and probable cause affidavit."
With the trial scheduled to begin in October 2024, McLeland says in the motion that the defense has "adequate time to prepare to defend the amended charges."
Then, on Jan. 29, McLeland is still insisiting Allen's attorneys, Andrew Baldwin and Rozzi, should be found in contempt of court, despite the Indiana Supreme Court rulings Allen's attorneys be reinstated.
In that court order, McLeland listed 25 reasons why he believes Gull, who Rozzi and Baldwin want removed from the case altogether, should hold Allen's attorneys in contempt of court.
He largely accuses Rozzi and Baldwin of violating a gag order during their time as Allen's representation, most of which came in connection to a leak of evidence, including crime scene photos and evidence that the state learned about in October 2023.
“The amount of harm and revictimization that [the leak] has caused the families of the victims is unmeasurable and incurable,” McCleland argued in the filing.
In a separate filing Friday, Gull accepted the resignation of Allen's court-appointed attorneys William Lebrato and Robert Scremin.