Defense rests in Delphi murder case
Nov 07, 2024
DELPHI, Ind. (NETWORK INDIANA) — After 17 days of testimony, crime scene photos, blood and bullets, the fate of Richard Allen is now in the hands of the jury.
Court began Wednesday morning with Allen’s attorney, Brad Rozzi, informing Special Judge Fran Gull that the defense had rested its case. The statement caught everyone in the courtroom off guard, including the jury. Carroll County Prosecutor Nick McLeland had to scramble up the State of Indiana’s last three witnesses for a brief rebuttal testimony session.
Breann Wilbur
Wilbur testified briefly to arriving to the trails on February 13th, 2017, at 12:25 p.m. and that she walked from Freedom Bridge to the Monon High Bridge. Wilbur said she did not see “Bridge Guy” or Abigail Williams and Liberty German.
Wilbur testified to having a good memory and stepped down shortly after.
Westville Prison Correctional Officer Brian Harshman
Officer Harshman is the person that was tasked with listening to Richard Allen’s phone calls while he was locked-up at Westville Prison. Harshman testified that Allen has been in a one-man cell at Westville, Wabash Prison, and the Cass County Jail.
Allen has a chair in his Cass County Jail cell and the cell is much larger than Westville’s, says Harshman.
Harshman again repeated that Allen recently threatened the staff at the Cass County Jail. Video of that apparent incident was not allowed into trial.
Harshman stepped down.
Dr. John Martin
Dr. Martin was the third and final rebuttal witness called by the State. Dr. Martin is a licensed psychiatrist with over forty years of experience working in the correctional system.
Martin became a third-party contractor for Westville in February of 2022 and started seeing Richard Allen in November of that year. Martin said Allen was stable at that time and did not seem depressed, despite his documented history of depression.
Martin saw Allen three weeks later and again described him as “fine.” Allen signed a consent form for Prozac towards the end of November 2022.
Dr. Martin testified that he kept a record of notes on his computer detailing Allen’s medication usage.
Martin confirms Allen was kept in “what could be referred to as solitary confinement; others say, ‘one man cell.’”
Then came a line from Dr. Martin that drew a visibly strong reaction from the defense team, according to pool reporters: “Mr. Allen had not done anything wrong, and yet he was being treated as though he had, or at least that’s what he could have felt.”
However, Martin said the prison had a responsibility to keep Richard Allen safe and that there were “many meetings” to discuss how to make life more “comfortable” for Allen.
Martin testified to seeing Allen again in April 2023 after he received a phone call “that prompted him to visit Allen unplanned.” Allen was lying naked on a cell mattress with feces smeared on his body, said Harshman. He described prison staff “practically dragging him” to a shower cell. That aligns with camcorder video that reporters were able to see Saturday, although it’s unclear if the videos depict the exact same shower.
Martin said Allen was “psychotic” by this point and that he needed to put Allen on an antipsychotic medication.
Martin discussed Allen’s condition with three psychologists, and they all agreed Allen was psychotic. That’s when the doctors proceeded with the first treatment of Haldol on April 14th, 2023.
He testified that he gave Allen 5 milligrams of short-acting Haldol and that the maximum dose is 100 mg.
Martin said he administered such a small dose because he wanted to make sure Allen didn’t have a reaction.
After that, Allen was injected with a 15 mg dose of long-acting Haldol one every four weeks, with the first dose administered on April 18, 2023.
Martin says Allen was coherent and not showing signs of psychosis by May.
By June 20th, 2023, Dr. Martin said Allen had gone several weeks without any signs of psychosis. The Haldol injections stopped. Allen apparently told Dr. Martin that he “would like to apologize to the families of my victims.” Dr. Martin says Allen was not psychotic by that time.
The plan for Thursday
Closing arguments begin Thursday morning at 9 o’clock. The prosecution and defense each have up to two and a half hours to present their closing arguments. Judge Fran Gull reminded each side that if they go over time, she will give them a “gentle reminder” and tell them to stop.
The defense wants to add instructions for the jury as to how they should interpret incriminating statements.
After closing arguments, the case will be handed to the jury of twelve from Allen County who will decide the fate of 52-year-old Richard Allen.
This article will be updated with more information, once it’s made available.
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