Attorneys seek bail for Delphi murder suspect ahead of first public hearing Tuesday

LOUISVILLE, Ky. (WDRB) -- On the eve of the first public hearing in the case of a Delphi, Indiana, man accused of murdering two girls more than five years ago, attorneys filed a motion on Monday asking for a bail hearing.

Richard Allen, 50, is being represented by court-appointed attorneys Bradley Rozzi and Andrew Baldwin. The motion asks that he be released "on his own recognizance or in the alternative to set a reasonable bail," Fox59 in Indianapolis reported Monday.

The hearing is scheduled for Tuesday at the county courthouse in downtown Delphi, where a judge will determine whether sealed court records with evidence that led to Allen's arrest will be publicly released. The records have been under court seal at the request of Carroll County Prosecutor Nick McLeland.

Indiana State Police arrested Allen on Oct. 26. They announced his arrest on Oct. 31.

Allen is charged with two counts of murder in the slayings of Libby German, 14, and Abby Williams, 13, on Feb. 13, 2017, outside the north central Indiana city.

DELPHI MURDERS UPDATE — Pictured: Liberty "Libby" German, 14, and Abigail "Abby" Williams, 13. (Family photo)

A relative had dropped the girls off at a hiking trail near the Monon High Bridge just outside their hometown of Delphi, about 60 miles (97 kilometers) northwest of Indianapolis. Their bodies were found the next day, Feb. 14, 2017, in a rugged, heavily wooded area near the trail.

The deaths were ruled a double homicide, but police have never disclosed how they died or described what evidence they gathered.

Both the public and the media have called for more information in the case since Allen's arrest.

Those calls could be answered on Tuesday, providing a fuller picture of the killings that have haunted the city of about 3,000 where Allen lived and worked at a local CVS store where the girls' families say he printed photos for their funeral.

A brief filed Monday by several news outlets urged Allen County Judge Frances Gull to unseal the probable cause affidavit and charging information. The brief argues, in part, that "the public interest is best served by public access to prosecutor's basis for filing criminal charges," and "to ensure government transparency and accountability — which is especially critical in criminal matters," the Associated Press reported.

Indiana law allows courts to withhold records in “extraordinary circumstances,” including if granting widespread access will benefit or harm the public. Such requests must be public and supported with “compelling evidence,” followed by a public hearing where a judge can approve or deny releasing that information.

At the Oct. 31 news conference, McLeland described Allen’s arrest as “a step in the right direction.” He also said that sealing the records was about "protecting the integrity of this case," indicating that the investigation remains open.

When announcing Allen's arrest on Oct. 31, Indiana State Police Superintendent Doug Carter said the investigation was "far from complete."

However, Carter told Fox59 News in Indianapolis that unsealing the court documents wouldn't hurt the integrity of the investigation, and that the probable cause affidavit "stands on its own."

Becky Patty, Libby's grandmother, shared on Facebook a link to a petition to keep the records sealed. The petition has garnered over 41,000 signatures.

Patty expressed concern the information, if unsealed, would be “broadcast all around the world” by the news media and social media users.

“We have seen throughout the last five and a half years the many innocent people that have had their lives turned upside down, pictures splattered all over, and accusations thrown out with no evidence to back them," she wrote. “While they move on with no consideration to the damage they have done – those innocent people are left picking up the pieces and trying to move on with their lives.”

Patty defended McLeland in her Facebook post calling for the records to remain sealed, stressing the need for an impartial jury when the trial, scheduled for March, occurs.

Allen Superior Court Judge Fran Gull was appointed as special judge in the case after Carroll County Circuit Court Judge Benjamin Diener recused himself from the case, citing personal safety concerns.

Gull said court proceedings for Allen will remain in Carroll County.

It's unclear if Allen will be in attendance for the hearing on Tuesday. Online court records show he's being held on a $20 million bond.

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