On Friday, July 19, 2024, IndyStar reported that Richard Allen, the suspect charged in the murders of Abigail Williams and Liberty German, lost his latest attempt to remove Judge Frances Gull from presiding over his case.

Allen’s defense attorney, Andrew Baldwin, had filed a motion last week arguing that Judge Gull violated Indiana trial rules by failing to issue rulings on two defense motions within the required 30-day timeframe. Baldwin cited Indiana trial rule 53.1 in claiming that this should result in the case being withdrawn from Judge Gull’s court and reassigned to a new special judge appointed by the Indiana Supreme Court.

However, Justin Forkner, the chief administrative officer of the Indiana Supreme Court, rejected Allen’s request in a decision on Friday. Forkner explained that while the trial rules previously allowed for the withdrawal of a judge due to delayed rulings, the deadline to make such a request had passed in Allen’s case. The two outstanding defense motions dating back to March and April had not received rulings from Judge Gull after months, but Forkner indicated the request should have been made shortly after the 30 days elapsed rather than months later.

The undecided defense motions seek a Frank’s hearing, which would allow Allen’s legal team to present evidence arguing that law enforcement made false statements in the affidavit leading to Allen’s arrest in October 2022. Allen faces four counts of murder for the February 2017 killings of Abigail Williams and Liberty German in Delphi.

The case has been plagued by controversies and delays since Allen’s arrest over five years after the teens’ deaths. Allen’s attorneys have accused Judge Gull of bias, saying she “maligned” them and called them incompetent. Judge Gull denied another recusal request last month, maintaining adverse rulings were not grounds for disqualification.

Upcoming hearings are scheduled from July 30th to August 1st to address pending motions like limited evidence presentation. With his latest removal attempt now denied, Allen’s high-profile case will continue under Judge Gull.

 

 

Source: IndyStar