Richard Allen: The Two Problems Indiana's Attorney General Cannot Solve

The AG's ninety-four-page response to Richard Allen's appeal is built on one word used over and over — harmless. Every excluded witness. Every blocked piece of evidence. Every ruling that went against the defense at trial. Harmless error. But there are two factual problems that word cannot fix — and defense attorney Bob Motta starts there.

Problem one: the van timeline. The defense obtained surveillance footage and FBI cell phone data suggesting the van prosecutors placed near the Monon High Bridge arrived after Libby German's phone had already stopped moving. The State's response to this is not that the data is wrong — it is that the defense did not file its paperwork correctly. That is a procedural argument, not a factual one. The data either contradicts the State's timeline or it does not.

Problem two: the wrong cause of death. Richard Allen told his prison psychiatrist he shot Abby Williams and Libby German. They were not shot. They were killed with a blade. In ninety-four pages, the Indiana Attorney General does not explain why a man confessing to the murders he allegedly committed described a method of killing that did not happen. The confessions were the State's case. No DNA linked Allen to the crime scene. No murder weapon was recovered. No direct eyewitness placed him with the victims. If the confessions are unreliable, there is nothing underneath them.

Motta breaks down the full AG response across a three-part panel — the procedural waiver strategy designed to prevent the appeals court from reaching the substance, the State's argument that more than thirteen months in solitary confinement as a pretrial detainee does not constitute coercion, and the religious conversion theory offered to explain why Allen confessed. He examines the evidence the jury never heard — the Bridge Guy sketch, the firearms expert who would have challenged the bullet-matching evidence, the phone calls where Allen questioned his own sanity before and after confessing, and the alternative suspects with documented connections to the case whose interviews were destroyed.

Allen's attorneys have filed their reply brief and a motion requesting oral arguments before the appeals court. Three judges are reading documents. Allen is serving 130 years. The families of Abby and Libby were told a verdict meant closure. This appeal is testing whether that verdict was built on evidence or on what the jury was not allowed to see.

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