Indiana Supreme Court to consider reinstating Delphi murder suspect’s original attorneys and removing judge
Indiana Supreme Court to Hear Arguments on Reinstating Defense Attorneys and Removing Judge in Delphi Teen Murder Case
The Indiana Supreme Court is set to hear arguments on Thursday regarding the reinstatement of the original defense attorneys and the potential removal of Judge Fran Gull in the case of Richard Allen, the man suspected of killing two Delphi, Indiana teenagers.
Back in 2017, Allen was accused of murdering 13-year-old Abby Williams and 14-year-old Libby German on a hiking trail. The state Supreme Court will now decide whether Judge Gull should be removed from the case and whether Allen’s original defense attorneys, Andrew Baldwin and Bradley Rozzi, should be reinstated.
While Allen’s trial is scheduled to begin in October, his attorneys will also argue this week for his right to a speedy trial and to set a new trial date within 70 days of the court’s decision.
Controversy Surrounding Defense Attorneys’ Removal
The state Supreme Court will review the circumstances surrounding the removal of Baldwin and Rozzi after the attorneys alleged that Judge Gull threatened to harm their reputation unless they withdrew from the case. The attorneys complied but filed a petition to represent Allen pro bono. However, Judge Gull subsequently barred them from representing Allen in any capacity.
The transcript, obtained by WTHR, reveals that Judge Gull had planned to remove the two attorneys before publicly announcing their withdrawal. During a closed-door meeting, Judge Gull, along with Carroll County Prosecutor Nicholas McLeland, discussed a leak of documents from Baldwin’s office. However, Judge Gull stated that this was not the sole reason for wanting the attorneys removed. She accused them of potentially violating professional responsibility rules and criticized their cooperation with a gag order. She also claimed to have evidence that they had left materials accessible to anyone on a conference-room table.
Concerns Over Competent Representation
Judge Gull expressed dissatisfaction with the attorneys’ representation of Allen, stating, “The totality of these circumstances demonstrate gross negligence and incompetence on the part of the defense team. I am unsatisfied with your representation of Mr. Allen. I am gravely concerned about his rights to have competent, non-negligent representation. He currently doesn’t have that right now.”
Threats of Public Shaming
In the transcript, Rozzi accused Judge Gull of forcing their resignation without giving them a fair opportunity to prepare for the meeting. He expressed his belief that they were given the options of either withdrawing or facing public shaming. Rozzi stated, “And that’s the way I see this. And I think that public shaming is not only – there’s not only a professional element to that, I think there’s a personal element too.”
Alleged Bias and Judge’s Potential Removal
The state Supreme Court will also consider whether Judge Gull should be removed from the case due to alleged bias against the defense.
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What concerns are raised about the defendant’s right to effective counsel and a fair trial due to the controversy surrounding the removal of Allen’s defense attorneys
Claimed that Judge Gull’s actions were a violation of their ethical obligations as defense attorneys and ultimately led to their withdrawal from representing Allen.
In response to these allegations, Judge Gull argued that she did not make any threats or engage in misconduct towards the defense attorneys. She stated that the attorneys withdrew from the case voluntarily and that she had no involvement in their decision. Judge Gull also emphasized that she has always acted professionally and impartially throughout the proceedings.
The controversy surrounding the removal of Allen’s defense attorneys has raised concerns about the defendant’s right to effective counsel and a fair trial. It is essential for a defendant to have experienced and capable attorneys advocating for their rights and presenting a strong defense. If the Supreme Court decides to reinstate Baldwin and Rozzi, it will ensure that Allen has competent legal representation moving forward.
Potential Removal of Judge Fran Gull
Aside from addressing the defense attorneys’ reinstatement, the Supreme Court will also consider the potential removal of Judge Gull from the case altogether. The defense argues that Judge Gull’s alleged misconduct and inappropriate behavior raise serious doubts about her ability to preside over the trial in an unbiased manner.
The defense’s concerns stem from several incidents that occurred during pre-trial proceedings. According to the defense attorneys, Judge Gull made derogatory comments about Allen’s previous criminal history and made biased remarks that implied his guilt. They claim that Judge Gull’s behavior creates a hostile environment for Allen and undermines the fairness of the trial.
On the other hand, Judge Gull maintains that she has always acted within the bounds of her judicial responsibilities and has not demonstrated any bias against Allen. She asserts that she will continue to carry out her duties impartially and ensure a fair trial for all parties involved.
Impact on Richard Allen’s Case
The outcome of the Supreme Court’s decision will significantly impact Richard Allen’s case. If the defense attorneys are reinstated and Judge Gull is removed, it will introduce a new dynamic to the proceedings. The defense will have an opportunity to present their case with the legal representation they believe is best suited for defending Allen’s interests, and a new judge will be responsible for ensuring a fair trial.
Furthermore, Allen’s attorneys will argue for his right to a speedy trial. The Sixth Amendment of the United States Constitution guarantees a defendant the right to a prompt and speedy trial. If the defense’s request is granted, it will push the court to set a new trial date within 70 days of the Supreme Court’s decision. This will expedite the trial process and provide closure to the victims’ families and the community.
The Indiana Supreme Court’s decision on the reinstatement of defense attorneys and the potential removal of Judge Fran Gull will have far-reaching implications. It will not only impact Richard Allen’s case but also set important precedents regarding the fundamental rights of defendants to effective counsel and a fair trial. It is vital that justice is served, and the truth is revealed in the tragic case of Abby Williams and Libby German’s murders.
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