Delphi murders: Defense wants more time to review evidence

CARROLL COUNTY, Ind. – The reinstated attorneys for Delphi murders suspect Richard Allen want more time to review evidence and turn over a list of witnesses they plan to call at trial.

In a new filing this week, attorneys Bradley Rozzi and Andrew Baldwin responded to the state’s Jan. 27 motion to turn over discovery materials and their witness list.

The court ordered the defense to respond to the motion by Feb. 21; Baldwin and Rozzi filed their response on Feb. 19.

Allen faces two counts of murder in the February 2017 deaths of Abby Williams and Libby German near the Monon High Bridge. Prosecutors are seeking to file additional charges in the case.

Special Judge Fran Gull advocated for the removal of Baldwin and Rozzi as Allen’s representation, announcing on Oct. 19 that they planned to step down over an evidence leak. But Baldwin and Rozzi fought for reinstatement, which the Indiana Supreme Court granted on Jan. 18.

In the Feb. 19 filing, the attorneys noted they received the bulk of discovery materials from the state on Jan. 30—twelve days after their reinstatement. The material includes a large volume of audio, video, reports, transcripts and other documentation.

After reviewing a small portion of the materials, the attorneys wrote that it “became apparent to the defense that the discovery received includes evidence the defense believes has never viewed or had a chance to view.”

They questioned how this was possible, given that they were previously Allen’s defense lawyers.

“Perhaps between September 2023 and Jan. 18, 2024, the State of Indiana provided the evidence to counsel that replaced Attorneys Rozzi and Baldwin?” the attorneys wrote in the filing.

The court had appointed William S. Lebrato and Robert C. Scremin to represent Allen after Baldwin’s and Rozzi’s apparent dismissal.

Baldwin and Rozzi said they have 20 hard drives filled with evidence along with six separate emails of discovery evidence. They described the amount of evidence to review as “massive” and said they were working as quickly as possible to get through it.

The attorneys wrote that they were in communication with the state regarding “evidence that may exist but has not yet been found by the defense.”

The attorneys requested a March 25, 2024, deadline to fulfill the state’s request. They believe this will give them enough time to review the discovery evidence and determine which witnesses, including experts, they’ll call at trial and which exhibits they would introduce.

“Certainly, the defense wants to accommodate the State’s request, especially as it relates to the State’s need to react to any expert witnesses that the defense may present at trial,” the attorneys wrote.

By the desired March 25 deadline, the “defense should have a much better grasp of the discovery it has received, and therefore a much better grasp of which fact witness and expert witnesses it expects to call and what exhibits it may introduce,” the filing said.

The attorneys indicated they provided a list of some of their planned witnesses last week to “show evidence of good faith.”

Baldwin and Rozzi also responded to the state’s request to provide advance notice of exhibits it planned to use during depositions.

“The defense does not believe this request is legally sustainable as no local or trial rule mandates that either side is required to turn over exhibits before depositions,” the attorneys wrote.

Allen’s trial is scheduled for October. Attorneys are set to appear in court for a March 18 hearing in Fort Wayne. The proceedings are expected to focus on the state’s motion to file additional charges against Allen and a notice seeking to have the defense held in contempt of court.

Depositions in the contempt of court matter are scheduled for March 1.