Judge for Delphi murder suspect Richard Allen explains why she won't step down from case

DELPHI, Ind. — It was a swing and a miss for Delphi murder suspect Richard Allen's third attempt to get Special Judge Frances Gull to disqualify herself from the case.

Gull's order filed May 31 became public Monday when it was published online.

"Defendant's Second Verified Motion to Disqualify Judge And Request For Findings Of Fact And Conclusions Of Law Upon Denial Of This Request, If This Court Denies This Request is denied," Gull wrote in the last sentence of the order.

Allen's attorneys first filed for Gull to disqualify herself on Oct. 25. They filed a second motion on Jan. 28, and a third motion May 17. The latter is what Monday's order addresses, but is described as the "defendant's second verified motion ... ."

Allen's attorneys in his civil case at the Indiana Supreme Court also asked the high court to remove Gull. The justices denied that request.

Police arrested Allen on Oct. 26, 2022, on suspicion that he lured Libby German and Abby Williams off of the trails around the Monon High Bridge east of Delphi, led them to a spot on the north bank, where he killed them, according to prosecutors.

Two counts of murder in the commission of a felony were filed Oct. 28, 2022. Since early November 2022, Allen has been in protective custody in solitary confinement inside maximum security state prisons. In January, two additional charges of murder were filed. If convicted, Allen can only be sentenced on two murder charges.

Gull specifically addresses several of Allen's allegations in the order denying the request for her to step down from the case.

As to defense claims about the public's trust of the court in Allen's trial, now scheduled for October, Gull wrote: "Defendant complains that public confidence in this case has eroded. As counsel should know, criminal cases are tried in a Court of law, not in the court of public opinion.

"An independent judiciary requires that judges decide cases according to the law and facts without regard to public clamor or fear of criticism."

The high-profile case also resulted in threats to Gull and the court, the judge noted: "The Court continues to receive ex parte communications from the public criticizing the Court both personally and professionally, and threatening the Court with bodily harm and injury. The Court continues to provide these communications to the parties.

"The Court cannot be swayed by inappropriate and ridiculous outside influences."

As for the Allen's attorneys claiming that the court didn't allow enough time for their defense in the previously planned trial for last month, Gull wrote they had plenty of opportunity to request more time. It wasn't until the May 7 pretrial status hearing that Allen's attorneys claimed they wouldn't have enough time to present their defense, forcing Gull to move the trial to October.

"Had Counsel notified the Court within days of receiving the March 7, 2024, Court Order setting the case for speedy trial May 13-31, 2024, that the time allotted on the calendar was insufficient, the Court would have immediately rectified the situation and extended the trial ...," Gull wrote.

One by one, Gull addressed several other issues raised by Allen's attorneys in her order.

Allen's attorneys and various media outlets have asked for cameras in the courtroom to record the proceedings. That's not going to happen.

Gull noted, "The Court did allow cameras in the Allen Superior Court at the hearing conducted on October 19, 2023. The hearing was not conducted, and the media outlet providing pool coverage did not comply with the Court's directives regarding coverage and broadcasting of the proceedings.

"The Court lost confidence in the ability of the media to cover hearings appropriately.

As for all the defense's concerns about bias by the court, Gull wrote, "The Court has issued adverse rulings against the defendant, as well as against the State of Indiana.

"Adverse rulings do not support a reasonable basis for questioning the Court's impartiality, nor are they grounds for disqualification, they are just adverse rulings."

Allen's trial is scheduled to begin Oct. 15 and run through Nov. 15.

The jury will be selected from Allen County residents, who will be transported to Delphi and sequestered for the length of the trial, which will be held in Delphi in Carroll County.

Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.