Nov 05, 2024
DELPHI, Ind. – The defense again focused on Richard Allen’s mental health while in custody and attempted to cast doubt on the state’s key evidence involving the “unspent bullet” found at the crime scene on Day 16 of testimony in the Delphi murders trial. Allen faces four counts of murder in the February 2017 deaths of Abby Williams and Libby German near the Monon High Bridge. State police announced his arrest in October 2022. On Day 15, Allen’s mental health was again the focus of the case, with a defense psychologist testifying that he has a long history of mental health issues. She told the court she didn’t believe he was faking symptoms of psychosis. Jurors saw additional videos of Allen in custody at Westville Correctional Facility. Two of Allen’s family members took the stand Monday. The defense also called Steve Mullin, the former Delphi police chief who later became an investigator for the Carroll County Prosecutor’s Office, to answer questions about the investigation. In addition, Allen’s attorneys brought back Brad Weber to testify about his drive home from work on Feb. 13, 2017. Blair returns to stand The 16th day of testimony began with Betsy Blair, a Feb. 13, 2017, witness who took the stand earlier in the case. Blair said she saw a car in the parking lot of the old CPS building that had been backed into its spot. She described it as an older car that was angular in shape. She drew an outline of the car for law enforcement; the drawing was admitted as evidence. Blair couldn’t recall the color of the vehicle, although a transcript from April 2019 indicated she told investigators it “could not have been black.” The state objected to the “improper use of a transcript,” which Gull sustained. A black 2016 Ford Focus SE registered to Allen is at the center of the case. Psychiatrist on solitary confinement Dr. Stuart Grassian next took the stand. The psychiatrist is on the faculty at Harvard Medical School and is an expert on the psychiatric impact of solitary confinement. At the beginning of Tuesday’s session, the state filed a motion in limine seeking to limit Grassian’s testimony. Gull ruled he could testify as long as he didn’t discuss Allen’s intent, innocence or guilt. She warned the defense that if the testimony stepped over the line, they would have a “much harsher” conversation. During his testimony, Grassian said defense attorney Bradley Rozzi contacted him about Allen. He examined medical records, video from his time in custody, phone calls and transcripts of interviews with inmates and corrections officers. He described solitary as a “lonely” and “toxic” environment. Grassian never visited Westville Correctional Facility himself, but he did watch videos showing Allen’s behavior—jurors saw some of the same footage Saturday and Monday. Grassian said someone who spends too long in solitary will eventually become delirious and have problems with their memory. He testified that smearing feces, being naked and acting out sexually are common. Sometimes, Grassian said, people will hurt or kill themselves. Allen displayed some “classic” signs of delirium, Grassian testified. He said false memories can be replayed over and over to the point they almost become real. He believes this is consistent with what he saw from Allen. In some cases, a person in solitary confinement will begin to “think” they committed a crime before eventually progressing toward a “full confession.” Jurors asked Grassian if someone who exhibits psychotic behavior can return to normal; the psychiatrist answered in the affirmative. Another jury question asked Grassian if a “normal person” could become psychotic after months in solitary. “Absolutely,” Grassian answered. “I’ve seen it happen.” Forensic consultant on bullet evidence Jurors also heard testimony from Dr. Eric Warren, a forensic consultant who specializes in toolmark analysis and crime scene reconstruction. He formerly worked for the Tennessee Bureau of Investigation but left to focus on research. Warren said he’s testified for both prosecution and defense in the past. The defense asked him to review the work of Melissa Oberg, the former Indiana State Police crime lab technician who examined a cartridge found at the murder scene and compared it to a Sig Sauer P226 owned by Allen. Oberg’s analysis found that the crime scene round had been cycled through Allen’s gun. The “unspent bullet” is the state’s key piece of physical evidence that prosecutors say links Allen to the Delphi murders. Warren reviewed the results of ISP testing of the bullet and gun. He considered them to be an “apples to oranges” comparison since Oberg compared the initial round—which had been cycled—to a bullet test-fired from Allen’s gun. Oberg told the court during her testimony earlier in the trial that an “ejector mark was an ejector” mark regardless of whether a round was cycled or fired. Warren pushed back against that assertion during his testimony. He said the lab needed to identify toolmarks under the same conditions in which the bullet was found. The lab did a dry cycle of test rounds on Allen’s gun but didn’t replicate the marks on the round found at the crime scene. The lab then fired live rounds and compared the marks left on them to the cycled round. They were able to replicate the marks from the original, but Warren said it was not an “apples to apples” comparison. Warren said shooting a round changes its properties when compared to an unfired one.
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