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Lawyers For Accused Delphi Murderer Richard Allen Say He's In 'Steep Decline' In Motion To Move Him To New Jail
Lawyers for accused Delphi murderer Richard Allen have filed an emergency motion to have him moved to a new jail in Indiana, claiming he's in "steep decline" due to conditions and his treatment at his current facility.
Lawyers for accused Delphi murderer Richard Allen have filed an emergency motion to have him moved to a new jail in Indiana, claiming that their client is in "steep decline" due to the conditions and his treatment at the facility where he's currently being held.
Allen is charged with the February 2017 murders of Abigail “Abby” Williams, 13, and her friend Liberty “Libby” German, 14, whose bodies were discovered off the Monon High Bridge Trail, part of the Delphi Historic Trails in Indiana, a day after they were dropped off there so they could take a walk.
RELATED: Judge Rules Delphi Murder Trial Will Continue In Carroll County, Gag Order Stays
He's been held since November of 2022 at the Westville Correctional Facility, according to Law&Crime, which obtained the emergency motion to modify safekeeping order that was filed by Allen's attorneys Wednesday in the Carroll County Circuit Court.
The motion asks that a judge order Allen be removed from that facility, and instead housed at the Cass County Jail, which the lawyers argue is more suited to hold a defendant awaiting trial.
It states, "Mr. Allen, who is a constitutionally innocent man and maintains his factual innocence as well, has not been afforded any opportunity to visit his wife or other family members during the last 5 months of incarceration during which time he has been subjected to conditions akin to those of a prisoner of war."
The motion states that the conditions at Westville are harming his ability to defend himself at his pending trial. The lawyers wrote that though they were denied a chance to inspect Allen's cell, they have reasons to believe that he's being held in 6-foot-by-10-foot cell, which they compare to "a space no larger than that of a dog kennel."
The motion also says that Allen sleeps on a pad on a concrete floor; is only allowed to shower one or two times a week; is forced to wear the same clothes, including underwear, for "days on end"; and is afforded very little "recreation time outside of his cold, concrete and metal quarters."
"In sum, Mr. Allen is being treated far less favorably than a convicted person, many of which are housed in less secure areas of the prison, are offered programming, therapy, and mental health services, routine recreation, and contact visits with family and friends," the filing states.
The lawyers added that Allen is being segregated with prisoners who have “committed some of the most heinous crimes known to our society,” and claim that the conditions he's being held under are causing the decline of his physical and mental well being, according to Law&Crime.
They also stated that during a Monday visit with Allen, they noticed a “steep decline” in his communication and comprehension skills, as well as his overall demeanor and ability to aid with his defense.
“Simply put, this version of Richard Allen was a very different version than counsel for Mr. Allen had interacted with over the past five months," the motion states. "Mr. Allen appeared to be suffering from various psychotic symptoms which counsel would describe as schizophrenic and delusional.
“Counsel further believes that in our April 4, 2023 interaction, Mr. Allen seems to be suffering from memory loss and is demonstrating an overall inability to communicate rationally with counsel and family members.”
The motion argued that a transfer "would result in a more humane living environment in which Mr. Allen would be afforded immediate access to his attorneys and more importantly, would allow Mr. Allen to have regular contact visits with his family ... Under these circumstances, Mr. Allen would be treated like other inmates awaiting trial in the criminal justice system, as opposed to being punished based only on the merits of untested charging information and probable cause affidavit.”
Prosecutors conveyed that they don't object to Allen being moved to a different jail, the defendant's lawyers say, but the Carroll County Sheriff’s Department rejected the request, the paperwork states.
“Mr. Allen asserts that said denial is a deliberate attempt to impose conditions upon him that are intended to frustrate his purpose in defending against the charged allegations and create a hardship on him which would drive any human to mental breakdown,” his lawyers allege in the filing.
The Carroll County Sheriff’s Department did not immediately return Oxygen.com's request for comment.
Allen is due back in court on June 15, court records show.
