On Tuesday, December 12, 2023, Fox 59 reported that the Indiana Supreme Court would hear oral arguments in January regarding Judge Fran Gull’s removal of Richard Allen’s defense team from his double murder trial.

The oral arguments are scheduled for January 18th, where Allen’s lawyers Bradley Rozzi and Andrew Baldwin will make the case for their reinstatement. They were removed by Judge Gull in October after photographs of crime scene evidence from the 2017 Delphi murders of Abby Williams and Libby German were leaked online. Judge Gull referred to the attorneys as “grossly negligent” for the security breach.

Judge Gull contends that a writ of mandamus seeking her removal and the defense team’s reinstatement is not the appropriate legal avenue. She and the Attorney General believe Allen should have pursued an appeal instead. However, Rozzi and Baldwin argue that a writ was the only way to potentially expedite the process and have them reinstated in time for a trial within 70 days.

An appeal, they claim, would have required going through a trial first before the higher court would consider it. With the writ, they directly petition the Supreme Court for relief. They also used the writ to respond to their removal, asserting that the leaked evidence did not disrupt their trial strategy.

The article provides insight into Judge Gull’s role at the center of the latest legal developments, as Indiana’s highest court weighs Allen’s petition to override her controversial rulings. With the Supreme Court hearing oral arguments next month, a decision could impact whether Rozzi and Baldwin regain their positions and how quickly Allen’s case proceeds to trial.

 

Source: Fox 59