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Delphi defense backs out, but the case may not be done with them

How safe is the Delphi evidence

INDIANAPOLIS (WISH ) — The Richard Allen case might be over after evidence leaked from Attorney Andrew Baldwin’s office led to him and co-counsel Brad Rozzi’s withdraw from the case, but the case may not be done with them. 

“Moving forward, they must be extra careful with these forms of evidence,” said Dr. Jody Madeira of the Indiana University Maurer School of Law in Bloomington. “We already know the public extra vigilant. This is a high-profile trial, and we need to make sure there is no more interference with the administration of justice.”

Attorney Andrew Baldwin never set foot in court Thursday. He offered the judge a verbal withdrawal from the case after a former employee of his law firm leaked Delphi documents and crime scene pictures. 

This breach of evidence could land Baldwin and his co-counsel back in court.  

“When an attorney is in charge of an office, that attorney is then in charge of all their subordinates, whether or not they are attorneys. That includes everyone on that ship, and the attorney is like the captain. The attorney may have not known what was going on, but they are still charged with it,” said Madeira.

In court filings Thursday morning, an attorney for Baldwin argued he had been snookered, abused, and betrayed by a friend.

Baldwin said he tightened security around Delphi evidence, including keeping all items locked in a room or locked in a fireproof file cabinet”  

Employees are required to lock the evidence room door if they leave to go to the bathroom. 

All or most of the Delphi related documents in Baldwins office have been ordered returned to the state. Baldwin and Rozzi are expected to cooperate with Allen’s new legal team. Judge Francis Gull looked disgusted when she announced that Baldwin and Rozzi had withdrawn. It has been almost a year since Allen was arrested for the murders of Abby Williams and Libby German. The trial set for January will be delayed, but this latest courtroom drama put the evidence in jeopardy.  

“It is incumbent on the new attorneys to keep a tight ship, and the other issue they can face is ironing out beforehand what is going to happen with certain evidence, including the evidence that was leaked” said Madeira. 

Judge Gull has set a hearing for Oct. 3 at 9 a.m.