UPDATE: A judge on Tuesday set a bail hearing for Feb. 17, 2023, in the case of Richard Allen, the suspect in the Delphi murders.
INDIANAPOLIS (WISH) — The man accused in the Delphi murders on Monday asked to be released from jail while awaiting trial.
Attorneys for Richard Allen filed a request to be released without posting bond or by setting what the request calls a reasonable bail amount.
Richard Allen, 50, was arrested on Oct. 28 and the announcement of charges was made on Oct. 31. He’s been charged in connection to the murders of 13-year-old Abigail “Abby” Williams and 14-year-old Liberty “Libby” German in February of 2017.
The court documents in which the request was made, the attorneys for Allen say they’ve reviewed the probable cause affidavit and that neither the proof of guilt is evident nor the presumption of guilt strong.
Already in the case, the Carroll County prosecutor on the day Allen was arrested asked the court to seal his probable cause affidavit from the public.
On Tuesday, a special judge assigned to this case will listen to arguments about releasing the affidavit. The special judge, Frances C. “Fran” Gull, criminal division administrative judge in Allen County, could release the document immediately, could release the document with redactions of names, or keep the document sealed until a trial.
- PDF: Media intervenors’ pre-hearing brief seeking public access to probable cause affidavit and charging information
From Day 1, the investigators have kept a very tight lid on information about this case. The probable cause affidavit, if it is released, could answer a lot of questions.
Doug Carter, superintendent of the Indiana State Police, said on the day Allen was arrested noted that the case has “captured the attention of the world literally, especially the country.”
Allen’s arrest raised new questions and answered old ones.
The original judge in Allen’s case agreed to keep the affidavit with the details justifying Allen’s arrest hidden from the public, a move almost never seen in courts in Indiana.
The court document, typically submitted by police and prosecutors, spells out the evidence as the believe it to convince the judge to approve an arrest. Indiana State Police say it’s protecting the integrity of the investigation.
News 8’s Brady Gibson, Kyla Russell and Gregg Montgomery contributed to this report.
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