Indiana Filed Its Delphi Response. It Doesn't Fight A Single Fact.

May 13, 11:00 AM

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The Delphi appeal is fully briefed. The defense's reply brief landed in late April. Three judges at the Indiana Court of Appeals are now reading the full written record, and what Richard Allen's appellate team has put in front of them is a record Indiana clearly does not want them to read carefully.

The defense laid out the van timeline contradicted by FBI cell data and surveillance footage. They laid out a confession in which Allen told his prison psychiatrist he shot Abby Williams and Libby German, when the medical examiner concluded the girls were killed with a blade. They laid out an alternative suspect whose interview was allegedly recorded over by investigators, whose weapon was never collected, whose phone was never searched.

The State's response to almost all of it was procedural. Harmless. Waived. Defaulted. The State spent the appellate brief telling three judges the underlying facts do not need to be reached, because the defense filed in the wrong way at the wrong time.

That is not the brief of a State confident in its trial record. That is the brief of a State trying to keep three judges from ever opening that record.

Defense attorney Bob Motta sits down with Tony Brueski for Part One of a three-part panel on the procedural-versus-factual collision now sitting at the center of the Delphi appeal. They walk through Indiana's strategy, what the recorded-over interview means in front of an appellate panel, why the cause-of-death mismatch survives every procedural argument the State has filed, and what happens when three judges decide to ignore the State's invitation and look anyway.

Three judges. No more paper. A decision waiting to happen.


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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.


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