Delphi Murders Trial: Richard Allen appeals conviction

It's almost exactly a year since Allen was sentenced. In a 113-page Appellant's Brief, Allen's attorneys argue there are three issues with Allen's prosecution and request the Indiana Court of Appeals reverse his conviction. 

First, they say the detective who applied for a search warrant of Allen's home misrepresented witness descriptions to label Allen as "Bridge Guy."

Williams and German, two best friends enjoying a day off from school on the Monon High Trail in Delphi on Feb. 13, 2017, never came home. Their bodies were found the next day in the woods near the High Bridge. A Snapchat video on German's phone produced an image of a man that has since been dubbed "Bridge Guy." 

The prosecutors believed if you found "Bridge Guy," you found the murderer. 

But the defense points out all the disparities in witness descriptions, like how the two police sketches that came out after the murders look very different from one another.

Still, the warrant was approved, and that search of Allen's home in 2022 produced the Sig Sauer gun that's linked to a cartridge found at the crime scene.

The second issue deals with Allen's prison confessions. 

After Allen's arrest, he was immediately placed behind bars, in solitary confinement, where he stayed for 13 months. This is something his defense says is not only unprecedented but unconstitutional.  He was recorded 24/7 and kept on suicide watch, so his deteriorating mental health was well documented. 

Prison videos show him banging his head against his cell walls, drinking toilet water, and covering himself in feces. At one point, his prison psychiatrist diagnosed him with a brief psychotic disorder, and Allen was given involuntary medication. 

The argument here is that none of his 60-plus prison confessions should've been admissible in court because they were made in the broader context of Allen's mental decline. His solitary confinement, his attorneys say, was unconstitutional pre-trial punishment and "psychological coercion." 

The third issue deals with Allen's right to a fair trial. His attorneys argue he couldn't present a complete defense, violating his rights under the 14th Amendment.  

Allen's original defense team turned the Delphi murders case upside down with their alternate explanation of the double murders: that it was a ritual killing done by local Norse Pagans, or what they called "Odinists." 

Law enforcement did investigate the Odinism theory in the early days of the case, but ultimately decided there was no merit, and focused instead on other leads.

During three days of pretrial hearings in July 2024, the defense laid out its case, which included calling their expert, Dawn Perlmutter, to the stand to explain why she still thinks it was a textbook ritual murder. 

The prosecution, however, discredited the witness in cross-examination, pointing out previous opinions she had expressed on CourtTV before she was called by the defense. 

Ultimately, Special Judge Fran Gull denied the defense's request to allow any of this evidence at trial.  Allen's appellate attorneys argue that this limited him from laying out a full and complete defense. 

Other prohibited evidence includes the original police sketch, which they say looks nothing like Allen, and expert witness testimony to discredit Allen's confessions as a symptom of psychosis or another serious mental crisis and a result of "psychological coercion." 

Next, the State will file a response to the appeal. At that time, the Indiana Court of Appeals can rule on the case or call for oral arguments first.

ABC57 will break down the state's response once it's filed.

The full Appellant's Brief is below: