Delphi murders suspect Richard Allen loses in latest attempt to remove judge from case

Delphi murders suspect Richard Allen lost in his latest attempt to remove Special Judge Frances Gull off the double-murder case after the Indiana Supreme Court's chief administrative officer decided Friday that doing so "is not warranted."

Allen, through his attorney, argued last week that Gull has violated rules by failing to make decisions on two of the defense team's motions within the 30-day time frame the rules required. Because of this, the case must be withdrawn from Gull's court, and the Indiana Supreme Court must appoint a special judge, defense attorney Andrew Baldwin argued, citing Indiana trial rules.

"However, Mr. Allen is mistaken, and the matter should not be removed from the trial court," Justin Forkner, chief administrative officer of the Indiana Supreme Court, wrote in a decision Friday.

Forkner said the rules ― specifically Indiana Trial Rule 53.1 ― no longer apply to Allen because the deadline to ask for withdrawal based on the judge's failure to issue timely rulings has passed.

The request centers on two motions that were filed in March and April. Months later, Gull has yet to issue a ruling. But Forker said that to successfully remove the case from Gull's court, Allen should've made the request shortly after the 30-day time frame had elapsed ― not months later.

The two motions are seeking what's called a Frank's hearing, which would allow the defense team to present evidence that law enforcement made false statements in an affidavit that ultimately led to Allen's arrest in October 2022.

A 'legal disaster':Delphi murder case, marred by delays and endless fights

Allen is facing four murder charges for the deaths of Abigail "Abby" Williams and Liberty "Libby" German. The Delphi teens were last seen hiking on the Monon High Bridge on Feb. 13, 2017. Their bodies were found the next day. Allen, who worked at a local pharmacy, was arrested and charged more than five years later.

The case has been marred by controversies, delays and endless fights. Allen's attorneys have accused Gull of being biased against them by "maligning" them and calling them "incompetent," "negligent" and "sloppy." Last month, Gull rejected another attempt by the defense team to persuade her to step down from the case, saying adverse rulings "do not support a reasonable basis for questioning the Court's impartiality, nor are they grounds for disqualification."

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Several other pending motions on critical issues, including what evidence can and cannot be presented to the jury, are set for hearings from July 30 to Aug. 1 in Carroll County.

Allen's trial is set to begin in October and is expected to last more than a month.

Contact IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.