Prosecutors call Richard Allen’s motion ‘colorful, dramatic and highly unprofessional’

Posted at 3:32 PM, September 26, 2023 and last updated 8:44 PM, September 26, 2023

By LAUREN SILVER

DELPHI, Ind. (Court TV) — In the wake of an explosive memorandum submitted to the court by attorneys representing Richard Allen, the man accused of murdering two teenagers, the prosecution has fired back, claiming allegations made by the defense are “not completely true.”

richard allen mugshot

This image provided by Indiana State Police shows Richard Matthew Allen. Indiana authorities have arrested the man in the unsolved slayings of two teenage girls who were killed while hiking five years ago near their small community in northern Indiana hometown, police said Monday, Oct. 31, 2022. State Police Superintendent Doug Carter announced that Allen, 50, was arrested Friday on two murder counts in the killings of Liberty German, 14, and Abigail Williams, 13, in a case that has haunted the Indiana city of about 3,000 people. (Indiana State Police via AP)

In a motion submitted to the court on Sept. 18, Allen’s attorneys claimed that members of a white nationalist group, known as “Odinism, murdered Abigail “Abby” Williams, 13, and Liberty “Libby” German, 14.

In their response on Tuesday, prosecutors said, “While the memorandum is colorful, dramatic and highly unprofessional, it is not completely true.”

Allen’s attorneys allege investigators ignored evidence that would have pointed to Odinism and deliberately omitted and lied about existing evidence. Prosecutors have said there is no basis for those statements. In their motion, prosecutors lay out the evidence that led to their search warrant at Allen’s house, including a 2017 interview where Allen admitted to being on the trail where the girls went missing during the time the girls were on the trail, and admitted to owning guns, knives and a blue jacket. Video recorded by one of the victims shows a man in a blue jacket following the girls on the Monon High Bridge where they were last seen alive.

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Prosecutors have identified an unspent .40 caliber bullet found at the scene (less than two feet away from Libby’s body) as being a critical piece of evidence, saying their lab determined the bullet had been cycled through Allen’s Sig Sauer Model P226.

The prosecution has accused the defense of using the motion as “contrived extrajudicial grandstanding,” and in a separate motion submitted to the court, opposed a request by the defense to allow cameras to broadcast the trial and all hearings.

Allen’s defense initially requested that all hearings be made open to the media, and a coalition of media, including Court TV’s parent company, Scripps, who have submitted a brief in support of the request. Prosecutors, however, are opposing the inclusion of cameras in the courtroom.

“Defense counsel continues to use inflammatory language in pleadings, including statements that are simply not true, and there is no reason to think they will not continue to use supercilious language in court, designed as soundbites for recording on the national stage, for example, the language used by Defense describing ‘the conditions under which Mr. Allen has been forced to endure are akin to that of a prisoner of war.”

Prosecutors warned that allowing cameras could cause a “circus atmosphere both in person and online” and expressed concern about the use of artificial intelligence.

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Richard Allen, wearing a bullet proof vest and yellow jumpsuit, appeared in court

Richard Allen appeared in a protective vest in court on June 15, 2023. (WRTV)

“Pilot programs in Indiana were conducted prior to the popularity of artificial intelligence software that allows for the creation of ‘deep fakes’ that intentionally and undetectable can alter the things that are said in court, giving the inaccurate impression of the actual business of the court.”

On Tuesday, prosecutors also submitted subpoenas for Allen’s medical and mental health records from the Westville Correctional Facility, where he has been housed since November 2022. Prosecutors said Allen has displayed erratic behavior, including “wetting down paperwork he had gotten from his attorneys and eating it,” refusing to eat and sleep, and ceasing to make any phone calls. Prosecutors also said Allen, who had previously made up to two phone calls a day, has not made any calls since April 3, 2023.