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Delphi defense points to new cellphone data in murders

Delphi defense points to new cellphone data in murders

DELPHI, Ind. (WISH) — The defense team for Delphi murders suspect Richard Allen says new data obtained Friday disproves claims made about the victims’ cellphones not working.

The claim comes from two court filings made Tuesday. Defense attorneys Andrew Baldwin, Bradley Rozzi, and Jennifer Auger say that prosecutors for the state withheld several pieces of evidence throughout the investigation, including geofencing records for Libby German’s cellphone.

Abby Williams and Libby German were killed on Feb. 13, 2017, and found the next day in a wooded area off the High Monon Trail in Delphi. Richard Allen, 51, of Delphi, was arrested on Oct. 28, 2022, for his connection to the girls’ deaths.

According to court documents, previous statements from law enforcement claimed that German’s phone “was no longer in the area, or no longer in working condition,” having not received a “ping” from it since early evening on February 13.

Allen’s attorneys say that the prosecution’s claim of the phone not working is false, as records show that German’s phone pinged multiple times off a nearby tower during the nine-hour time frame the state says it wasn’t in the area.

The team also claims that of the three cellphones that pinged at the Delphi murder scene, Richard Allen’s was not one of them.

Allen’s attorneys claimed that information was withheld from the judge who signed the warrant to search Allen’s house. During that search they found the gun linking Allen to the crime scene where law enforcement found an unspent bullet.

By attacking the legality of the bullet the defense team is trying to get the fruits of that search thrown out of the case.

“You want to get the warrant thrown out. You lose the gun and you possibly even lose the confessions because he’s in prison because of the gun, so you lose a lot of the case against Richard Allen. In addition to that they want to discredit law enforcement,” said Aine Cain, co-host of the Murder Sheet podcast.

The geofencing records were among several terms state prosecutors requested on Monday for the court to omit the defense from mentioning in front of the jury. Other terms include Odinism, Kegan Kline, evidence of third-party suspects and motives, and more.

In a separate filing Tuesday, the defense team argued that the three-week trial is not long enough for both sides to argue their cases. They said the allotted time could all be taken up by the prosecution and their more than 100 potential witnesses.

In response, Judge Gull told the defense that neither side has previously objected to the length of the trial and that she has been a judge on death penalty and life without parole cases that have been completed in the amount of time she’s already given for the trial.

The trial is set to begin with jury selection on May 13.