Delphi murder suspect judge rejects request for her resignation

DELPHI, Ind. — It was a coup and a setback for Delphi murder suspect Richard Allen’s third attempt to get Special Judge Frances Gull to recuse himself from the case.

Seagull’s order, filed on May 31, became public on Monday when it was posted online.

“Defendant’s second verified motion to disqualify the judge and the motion for discovery of facts and conclusions of law following the denial of that motion, if the court denies, that motion is denied,” Gull wrote in the final sentence of the order.

Allen’s attorneys first filed a motion to disqualify Gull on Oct. 25. They submitted their second application on January 28, and the third one on May 17. The latter is the subject of Monday’s order, but it is described as “the defendant’s second verified application.” …”

Allen’s lawyers in his civil case before the Indiana Supreme Court also asked the high court to remove Seagull. The judges rejected this request.

Police arrested Allen on Oct. 26, 2022, on charges that he lured Libby German and Abby Williams from trails around the Monon High Bridge east of Delphi, then led them to a location on the North Shore, where prosecutors say.

On October 28, 2022, two counts of felony murder were reported. As of early November 2022, Allen has been in protective custody in solitary confinement in state maximum security prisons. Two additional murder charges were filed in January. If convicted, Allen could only be convicted on two counts of murder.

Gull specifically addressed several of Allen’s allegations in the order denying her motion to recuse herself from the case.

Referring to defense claims about public confidence in the court in Allen’s trial, now set for October, Gull wrote: “The defendant complains that public confidence in this case has been eroded. As an attorney should know, criminal cases are heard in a court of law, not in the court of public opinion.

“An independent judiciary requires judges to rule on cases according to the law and the facts, regardless of public outcry or fear of criticism.”

The judge noted that the high-profile case had also led to threats against Gull and the court: “The Court continues to receive ex parte communications from the public criticizing the Court both personally and professionally and threatening the Court with bodily harm and bodily harm. The court continues to communicate these communications to the parties.

“The Court must not be influenced by improper and absurd external influences.”

As for Allen’s attorneys, who argued that the court did not provide them with enough time to defend themselves in the trial previously scheduled for last month, Gull wrote that they had ample opportunity to ask for more time. It wasn’t until a pretrial hearing on May 7 that Allen’s lawyers said they wouldn’t have enough time to present their defense, forcing Gull to postpone the trial until October.

‘Had the legal counsel notified the Court within a few days of receiving the order of the Court of 7 March 2024 setting the case for expedited hearing from 13 to 31 May 2024 that the time set in the calendar was insufficient, the Court would have immediately remedied the situation and extended the process…” wrote Gull.

Gull addressed several other issues raised by Allen’s attorneys in her order in turn.

Allen’s attorneys and various media outlets have asked for cameras to be placed in the courtroom to record the proceedings. This won’t happen.

Gull noted: “The Court allowed cameras in the Allen Superior Court during a hearing held on October 19, 2023. The hearing was not held and the media covering the pool did not comply with the Court’s guidelines for reporting and broadcasting the proceedings.

“The Court has lost confidence in the media’s ability to adequately cover the hearings. The Court rendered unfavorable judgments against the defendant as well as against the State of Indiana.”

Addressing all of the defense’s concerns about judicial bias, Gull wrote: “Unfavorable rulings are not a valid basis for questioning the Court’s impartiality, nor are they grounds for disqualification; they are simply unfavorable rulings.”

Allen’s trial is scheduled to begin on October 15 and last until November 15.

The jury will be selected from Allen County residents who will be transported to Delphi and sequestered during the trial, which will be held in Delphi in Carroll County.