Delphi, Indiana murder suspect's attorneys dispute crime scene evidence
CHICAGO (CBS) – Attorneys for Richard Allen, the man charged with the murder of two girls in Delphi, Indiana in 2017, are disputing claims made by prosecutors in a probable cause affidavit released this week.
Specifically, lawyers Brad Rozzi and Andrew Baldwin took issue with prosecutors' assertion that an unspent bullet found between the bodies of Abigail J. "Abby" Williams, 13, and Liberty Rose Lynn "Libby" German, 14, had marks matching a gun owned by Allen.
"It is a bit premature to engage in any detailed discussions regarding the veracity of this evidence until more discovery is received, but it is safe to say that the discipline of tool-mark identification (ballistics) is anything but a science," Allen's lawyers said in their three-page document disputing prosecutors' claims.
They added the ballistics discipline has been "under attack" in courtrooms across the country as being "unreliable and lacking any scientific validity."
His attorneys also pointed out that while prosecutors mentioned at a previous court hearing they believe others may have been involved in the killings, no mention of that belief was made in the probably cause affidavit.
"The defense is confused by such discrepancies in the investigation and will be in a better position to respond as more discovery is received," Allen's lawyers said.
Allen's attorneys also framed their client as an innocent man who was trying to help investigators on the case.
They said Allen was the one who contacted police and voluntarily discussed being on the trail on Feb. 13, 2017, the day police said the girls were killed. Allen wanted to tell police he had walked on the trail that day, as he often did. They added Allen "wanted to help any way he could."
"Without Rick coming forward, the police probably would not have had any way of knowing that he was on the trail that day," his attorneys said.
Prosecutors claim they interviewed multiple witnesses who they said saw Allen based on his clothing and on what appeared to be a video taken on one of the victim's phones. Prosecutors said Allen can be heard on the phone talking to the girls.
After speaking to law enforcement, Allen "didn't hear from the police for more than five years," his lawyers said.
They also said Allen did not get rid of his car, guns, or clothing that police said they obtained after executing a search warrant of his home in Delphi last month. Allen did not alter his appearance nor did he move away from Delphi.
"He did what any innocent man would do and continued with his normal routine," his attorneys said.
Allen's attorneys also appeared to suggest a political motive from prosecutors to make an arrest in the case. They said the first time Allen heard from police after he initially contacted them was last month, about two weeks before a contested Carroll County sheriff's election.
