Delphi trial, Day 14: Jurors see conditions defense says played a role in Allen’s confessions
Defense shows jury scenes at Westville, which they say contributed to Allen’s mental state when he made dozens of confessions. Plus, early voting in Tippecanoe Co. second highest in vote center era
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DELPHI TRIAL, DAY 14: JURORS SEE CONDITIONS DEFENSE SAYS PLAYED A ROLE IN ALLEN’S CONFESSIONS
Note: The following account comes from reporter Donnie Burgess of WIBC, along with pool media reports from Carroll Circuit Court Saturday in the trial of Richard Allen. During trial, I’ve been sharing coverage with WIBC and Radio One. On Saturday, a half-day in a trial scheduled to go as long as Nov. 15, Burgess was on the beat for a description of the testimony.
Explicit material, an angry family and a tearful attorney. Here’s what went down inside of the Carroll County Courthouse for Day 14 in the Delphi murders trial.
Richard Allen is charged with four counts of murder for the February 2017 killings of Delphi eighth-graders Abigail Williams and Liberty German near the Monon High Bridge Trail.
Allen walked into the courtroom Saturday morning with a smile and was engaged with those around him. He said good morning to each member of his defense team and took a look around the courtroom.
Kathy Allen, Richard’s wife, was only briefly in the courtroom. She was informed of what was going to be displayed during Saturday’s hearing and quickly left.
Superintendent Doug Carter of Indiana State Police briefly entered the room. Allen said, “Good morning” to Carter, who responded with a smile, nod and a “good morning” of his own. Carter, called as a witness by the defense, then left the room as attorneys weren’t ready for him.
The main focus of Saturday’s hearing was video of Allen at Westville Correctional Facility, where he was held after his October 2022 arrest.
Defense attorney Brad Rozzi told the court there were 15 videos entered into evidence to be presented to the jury. The defense worked to get around objections lodged during Friday’s session to show the video captured during Allen’s time in Westville’s A Block – described as a prison within the prison by the defense – when he was held under constant surveillance in a solitary cell and shackled whenever he moved outside of it.
Part of the defense strategy has been to show that the prison condition – set because of a safekeeping order approved by a Carroll County judge shortly after he was charged – contributed to his deteriorating mental and physical health and played a part in more than 60 confessions he offered months after his arrest. Jurors heard three days of those self-incriminating statements, including phone calls Allen made to his wife and mother telling them that he killed Abby and Libby.
Carroll County Prosecutor Nick McLeland advised Judge Fran Gull Saturday morning that he planned to object to every single video being shown to the jury. He called it a cumulative objection, in order to avoid saying “objection” every single time. Gull noted his objection but allowed every single video to be played.
However, the videos were not played for those in the gallery, which was full for another court session.
Rozzi stated that he wanted to protect his client’s dignity, as well as others involved, by limiting the videos to the jury and others involved in the case. Gull also noted for the jury that the videos were explicit in nature and allowed Rozzi to turn the large courtroom TV around and angle it in a way in which only the jury, Gull and anyone else facing that direction could view it. McLeland pulled a chair up next to the jury to view the videos, and defense attorney Jennifer Auger stood behind him.
Max Baker, an intern for Allen’s defense team, was called to the witness stand and presented the videos.
Each video was done with a handheld camcorder. The videos varied in length, from 55 seconds to 52 minutes. They were edited videos shot between April 2023 and June 2023. Baker testified that a master list of the videos, with timestamps and dates, was provided by the state. Baker testified that similar features will accompany in-cell videos, which are expected to be shown to the jury Monday.
The judge allowed the videos, but without audio.
Since the TV was facing away from the audience, those in the gallery turned their attention to the jurors and their reactions.
The jury studied each video intently. Several jury members took several pages worth of notes and didn’t look away very often. Occasionally, one or two members of the jury would place their hand over their mouths, but not one juror had a significant facial reaction.
The same couldn’t be said for everyone else in attendance. The families of the victims were visibly angry and upset when the TV was turned away, after having gone through several days of graphic, big-screen photos of Abby and Libby as they were found at the crime scene and during a detailed explanation of gaping cuts on their necks during testimony about their autopsies.
Richard Allen appeared frustrated and shook his head before the videos started. He could not see the videos, either. Auger’s face became bright red during some of the videos, and she often kept a hand over her mouth. She would sometimes look away.
Later in Saturday’s session, defense attorney Andrew Baldwin stood next to the jury to view the videos. Tears were clearly visible in Baldwin’s eyes. He returned to his seat, put his left arm around Allen, pulled him in close and proceeded to cry quietly.
McLeland stopped taking notes during video No. 8 and just watched. A few jurors in the top row started showing each other their notes. They continued to stay intensely focused during nearly two hours of watching camcorder videos.
What did the videos show?
Despite the screen being aimed toward the jury, some obstructed parts of the videos were visible by some members of the media sitting in the front row of the gallery. Based on their notes, Allen was naked in four of the videos. In almost every video, Allen’s arms and hands are cuffed behind his back. At least two officers are with Allen in each video, sometimes accompanied by a nurse or doctor. Some of the videos briefly show Allen in his cell or being moved down a hallway. Allen was strapped into a wheelchair for the final video, with a large black strap around his chest, waist and legs. Reporters say in some videos, Allen had a cloth or hood placed over his head. Allen is dragged by officers on each arm in one video. Allen is being bathed by officers in another. According to the media notes, Allen is not shown resisting but rather limp and not really responding to anything.
McLeland told Gull he planned to object the in-cell Westville videos when they are offered to the jury Monday.
ISP SUPERINTENDENT DOUG CARTER TESTIFIES: Indiana State Police Superintendent Doug, who was the face and voice of the Delphi murders investigation for several years, spent only about 10 minutes on the witness stand Saturday morning. Carter, who announced the arrest of Allen in October 2022 during a public session in the Delphi Methodist Church sanctuary, testified that dozens of police departments across nearly every Indiana county have had some involvement in the Delphi murders investigation. Carter testified that the ATF, FBI and U.S. Marshal also played roles in the years-long investigation.
Carter testified that he asked the FBI to leave the Delphi murders investigation in August 2021 and requested that they hand over their investigative materials.
Prosecutors had no questions for Carter. The jury did not have any questions for Carter, and the defense had no further follow-ups.
MORE COVERAGE
Day 11: ‘I killed Abby and Libby:’ Reports of confessions kept rolling, these from prison psychologist
Day 10: Interrogation denials and confessions in a state prison
Day 9: DNA doesn’t come back to Richard Allen, state witness says
Day 7: How investigation tied a bullet found at scene to Richard Allen’s gun
Day 6: How attention turned to a tip Richard Allen gave in the days after the murders
Day 5: Autopsy photos, another ‘Bridge Guy’ witness and new info from Libby’s phone
Day 2: Delphi murder trial: Family friend who found Abby, Libby tells about that day
Day 1: Families testify about Abby, Libby’s last day as Delphi murder trial opens
Final day, pretrial: Composite sketches, other unresolved issues before opening statements Friday
ABOUT THAT BIG EARLY ELECTION TURNOUT
Voter turnout remained steady Saturday, pushing totals to the second most in early polling since 2007, when Tippecanoe County was the first in the state to adopt the vote center concept, Mike Smith, a member of the election office staff, said.
As of Saturday, 43,456 people had voted in Tippecanoe County. That’s 36% of the 120,465 registered voters in the county.
The largest early voting turnout was in 2020, when 53,486 had voted by this time in the election cycle.
This year’s early voting numbers are 43.4% ahead of those in the 2016 presidential election, when 30,293 people had voted at this point, according to election office figures.
“We appreciate the patience and goodwill demonstrated during the early voting season and commend the dedicated and civic-minded poll workers who have worked long, hard hours to serve Tippecanoe County voters,” a statement from the Election Board said Saturday.
Last call, early voting: A final chance for early voting will be 8 a.m.-noon Monday at the Tippecanoe County Office Building, 20 N. Third St., Lafayette.
On Election Day: Voting on Tuesday, Nov. 5, will be 6 a.m.-6 p.m. Registered voters in Tippecanoe County may choose any of these sites.
Lafayette
Tippecanoe County Fairgrounds, 1406 Teal Road
Lafayette Community Church of the Nazarene, 3801 Union St.
Evangelical Covenant Church, 3600 S. Ninth St.
Tippecanoe County Historical Association History Center, 522 Columbia St.
Wea Ridge Baptist Church, 1051 E. County Road 430 South
Eastside Assembly of God, 6121 E. County Road 50 South
Northend Community Center, 2000 Elmwood Ave.
West Lafayette
Faith West Community Center, 1920 Northwestern Ave.
Margerum City Hall/West Lafayette City Hall, 222 N. Chauncey Ave.
Connection Point Church, 2541 Cumberland Ave.
John Dennis Wellness Center, 1101 Kalberer Road
Others
Dayton Gathering Point Church, 7201 Wesleyan Drive, Dayton
Shadeland Town Hall, 2485 Indiana 25 West, Shadeland
Battle Ground Fire Station, 112 North St., Battle Ground
Tippecanoe Township Volunteer Fire Station No. 2, 448 W. County Road 650 North, West Lafayette
A Voter Guide: For more about finding what races are on your ballot, candidate Q&As and a complete list of where to vote on or before Tuesday, Nov. 5, check this voter guide.
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Let me remind you that Jennifer McCormick is the BOILERMAKER running for governor and promises to keep our university protected and great in the future. Vote BLUE EVERYWHERE ON YOUR BALLOT!