Richard Allen's Appeal Put Westville Under the Microscope

This Delphi Channel special is a combination of the “Before the Appeal” commentary followed by discussion of the appeal hearing with defense attorney Bob Motta. The first section lays out Richard Allen’s appellate claims before oral argument. The second returns after the September 21 hearing to examine which issues the judges themselves chose to press.

Allen’s lawyers are asking the Indiana Court of Appeals for a new trial after his conviction for the 2017 murders of Abby Williams and Libby German. Their confinement argument centers on the months Allen spent in restrictive housing at Westville Correctional Facility before trial and the incriminating statements that followed. The defense says his mental condition deteriorated badly enough that the statements should not have been admitted.

The State answered that Allen was placed at Westville for safety, that restrictive custody alone is not unconstitutional coercion, and that key admissions occurred outside periods of active psychosis. Judge Nancy Vaidik crystallized the dispute when she told the State: “You protected him into psychosis.” The court also questioned both sides about evidence excluded at trial and whether any error was harmless in light of the rest of the State’s case.

Tony Brueski and Bob Motta walk through what the hearing revealed about the panel’s concerns without pretending questions equal votes. They examine the legal standards for involuntary statements, the right to present a defense, and what happens next. The three-judge panel took Allen’s appeal under advisement; his convictions remain in effect unless and until the court issues a decision changing them.

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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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