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Lawyers for Delphi murders suspect want evidence tossed the day before hearing

INDIANAPOLIS (WISH) — Typically, court filings are public unless one of the parties involved files a notice of exclusion that makes them confidential.

Many of the documents filed in this case of Richard Allen have had such forms attached, but others don’t, even though they have remained confidential and out of public view. 

Richard Allen is accused of the 2017 murders of Abby Williams and Libby German. The two girls were found near the Monon High Bridge on February 14, 2017.

A single unfired bullet was found near the girls, which investigators say links back to a firearm owned by Allen.  

His lawyers filed motions Tuesday asking the judge to kick out or limit information about ballistics testing. Lawyers also requested to squash subpoenas, exclude mental health records, and other recordings taken from Westville Correctional and Allen’s place of employment.

“Unfortunately, a lot of the filings have been kept confidential. We don’t know much. Some of those have been kept confidential in spite of no notice, of exclusion, from being filed with the filing,” said Shay Hughes, who works for the public defender’s office in Tippecanoe County.

Hughes says he has kept a close eye on this case, and told I-Team 8 it is unusual for any criminal cases, regardless of how high profile, to have every document kept confidential, without a special form filed with the court. 

“I will say the number of filings itself, setting aside (from the) filings that remain confidential without notice of exclusion, there are still a number of filings that have been marked confidential with a notice of exclusion,” Hughes said.

Hughes also says that it’s not often you’d see these filings in ordinary criminal cases, but considering the number of filings that remain confidential, this case is unordinary.

All of these filings have been sealed by the court and out of public view. There was also a letter written to the court by a Westville Correctional inmate that is also sealed. We know that Allen was being held at that same facility, but don’t know if he in fact wrote the letter, or even if he is still there. 

To open these documents to the public will require a court order. News 8’s news partners Aine Cain and Kevin Greenlee, hosts of “The Murder Sheet” podcast, are hoping a motion they recently filed will do.

Hughes says he believes the motion has some merit.    

“What I can say is I do think they are on to something. Some of those documents – there was no notice of exclusion filed and there was no order pursuant to access to court records. There was nothing to suggest that it had to be sealed otherwise,” Hughes said.

Hughes says that he does think some of the sealed documents will be released, but the letter will likely remain confidential.

“Just given the nature (the letter) comes from, we’re speculating it’s most likely from the defendant, you know? What should have been done is you ask that (the letter) be struck, and if there are any confidential references in it, then you cite (filing rules) and ask why it should be confidential,” Hughes said.

Allen’s hearing is set to span over Thursday and Friday. The judge is not expected to make a ruling during the session.