Judge in Delphi murders case hands down multiple rulings
INDIANAPOLIS (WISH) — The special judge in the Delphi double murders case handed down several rulings Monday.
Judge Francis Gull denied Richard Allen’s Motion for a Franks Hearing, denied Allen’s Motion to Suppress in Limine regarding ballistics, dismissed Allen’s Motion to Suppress the search of his home, took under advisement Allen’s Motion to Transfer and decided to set a hearing for the State’s Motion to Amend Information.
In Gull’s ruling regarding the Franks Hearing, she said “The Court finds the Affidavit submitted in support of the issuance of the search warrant contained information that a reasonable belief existed that evidence of the murders would be found in the defendant’s home and vehicles. The Court does not find that the Affidavit submitted false statements or that the Affiant omitted statements with reckless disregard, nor does the Court find that the Affiant intended to mislead the Judge by failing to present information. As the Court has found the Affidavit for issuance of the search warrant was valid, the search itself was reasonable and legal under Indiana law and Fourth Amendment case law.”
Regarding the Motion to Suppress, Gull said “Defendant’s Motion to Suppress Fruits of Search of Allen’s home in Delphi, IN (filed May 19, 2023) is also denied based upon all the pleadings, memorandums, and exhibits previously submitted in support of the request for a Franks hearing.”
In her denial of the motion regarding the ballistics evidence, Gull said “Defendant’s Motion in Limine Regarding Ballistics (filed June 13, 2023) is reviewed and denied without hearing. The Court finds the evidence contained in Defendant’s Exhibits A and B attached to the Motion is relevant and admissible. The Court further finds the probative value of such evidence is not substantially outweighed by its prejudicial impact, and that the evidence will not confuse or mislead the jury.”
Richard Allen is accused of murdering Abby Williams and Libby German in Delphi in February 2017.
The Indiana Supreme Court ruled last week that Allen’s original attorneys could return to the case, but that his motion to have the judge removed was denied.
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