On Thursday, July 11, 2024, Fox 59 reported that Richard Allen’s legal defense team had once again called for the removal of Special Judge Fran Gull from the Delphi murders case.
According to the article, Allen’s attorneys filed new court documents claiming that Judge Gull had violated the 30-day time limit established in Indiana Trial Rule 53.1 for ruling on motions. Specifically, the defense argued that Gull did not rule on their third and fourth requests for a Franks hearing within 30 days of each filing, as required by the rule.
A Franks hearing allows the defense to argue that false statements were knowingly included in affidavits to help advance a case. Allen’s team had submitted multiple Franks motions alleging errors by investigators in obtaining key search warrants and evidence in the 2017 murders of Abby Williams and Libby German.
While Judge Gull acknowledged on May 7 that she would rule on the third and fourth Franks motions, the article stated she had not issued a decision as of July 11, more than 30 days after each motion was submitted. Allen’s lawyers insisted the latest motions contained new allegations not seen in previous filings, so they should not fall under exceptions to Rule 53.1 for repetitive motions.
If the chief administrator of the Indiana Office of Judicial Administration agrees a ruling has been unduly delayed, the article explained the process would start to have the case removed from Judge Gull. However, she has resisted previous recusal attempts made by Allen’s defense team and has been repeatedly upheld in her role as a special judge by higher courts.
By filing the new court documents, the defense aims to trigger a review that could end with Gull’s replacement. But it remains unclear if she will view these Franks motions as repetitive since similar claims have been dismissed.
Allen has maintained his innocence since his arrest in the notorious Delphi murders case. Jury selection for his scheduled October trial was still ongoing at the time of this article’s publishing.
Source: Fox 59
