Tuesday afternoon, special judge Frances Gull denied a request to dismiss charges against Richard Allen, who is scheduled to stand trial in May.
DELPHI, Ind. — Murder charges against the man accused ofTuesday afternoon, special judge Frances Gull denied a request to dismiss charges against Richard Allen, who isAllen’s attorneys asked Gull to dismiss the murder charges based on a claim that the state destroyed evidence that could help prove Allen’s innocence.
Immediately after the murders, police and FBI agents began conducting interviews based on tips that came pouring into investigators. Some of the interviews were recorded at the Delphi Police Department.recorded interviews had disappeared due to what the state describes as an accident. Former Delphi Police Chief Steve Mullin testified at a recent court hearing that interviews recorded on a DVR between Feb. 14 and Feb. 20, 2017 were mistakenly recorded over and destroyed when the DVR appeared to reset itself. Mullin said the problem was not discovered until several months after the recordings were deleted.Credit: WTHR
The defense team says one of the missing recordings is with a man who they believe might be involved in the Delphi murders, and they say the now-erased interview with that individual could have provided evidence to help clear Allen. Allen’s defense attorneys say without the recording, they are missing valuable evidence that could be used to cross-examine the other individual, and they believe destruction of the recording is therefore a violation of Allen’s rights.
In denying the motion to dismiss charges, Gull said Allen’s attorneys failed to show the missing recordings are exculpatory and they did not show the evidence was destroyed negligently, intentionally or in bad faith. She instead believed the prosecutor’s argument that the recordings “were lost due to human error or were spontaneously lost due to the equipment resetting.
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