Docs: Richard Allen maintains innocence, prepares for appeal before Friday's sentencing
Dec 19, 2024
CARROLL COUNTY, Ind. -- Going into Friday's sentencing, Richard Allen's legal team said they will not participate much in the hearing as they prepare for the appellate process.
They continue to maintain Allen's innocence.
The memorandum, released on Wednesday afternoon, states that Allen chose not to participate in the pre-sentence process. Allen's team also said they will not present evidence at Friday's hearing outside of the memorandum and Allen's attorneys "will be speaking and articulating arguments in minimal fashion" during Friday's hearing.
In mid-November, Allen was found guilty of four counts of murder after a weeks-long trial in connection with the deaths of Abby Williams and Libby German near the Monon High Bridge in February 2017.
Delphi murders: Jury finds Richard Allen guilty
After the verdict was read, Allen's defense team expressed their intention to appeal the decision, with one of Allen's attorneys stating, "It's not over."
"Richard Allen maintains his innocence and his hopeful that the appellate process will provide him with an opportunity to present a full defense at a second trial," the sentencing memorandum read.
Allen's legal team said in the documents that Allen was advised not to participate in providing information for the pre-sentence investigation report. This comes after his team decided there was no value in Allen "continuing to talk with State actors."
As Allen's legal team brought forward multiple times throughout the legal process, they said that during his pre-trial detention, he was "exposed to staff, law enforcement officials and offenders, all of whom have reported circumstances which negatively impacted his defense."
This included Allen being detained in solitary confinement, being housed in multiple jails/prisons as well as his conversations with a psychologist at the Westville prison who had "a deep personal interest in the case." During the trial, the defense accused the psychologist of feeding Allen information about the crime that ended up in Allen's confessions.
Delphi murders trial: Day-by-day summary of the proceedings
"The practical reality is that unless this matter is reversed and retried, Richard Allen is likely facing the rest of his life in prison," the memorandum reads. "Even on his best day at sentencing, (Allen) will be 85 years old upon his release. With these facts in mind, the defense advised (Allen) to not participate in the pre-sentence process. Again, his continued interaction with State actors does not make sense considering that a second trial may occur which would allow him to present a full defense.
"Additionally, (Allen) will be serving this lengthy sentence whether he provides a statement to the Allen County probation or chooses to avoid providing a statement to the Allen County probation department."
The team also claims that Allen cannot be convicted and sentenced for both murder and felony murder when only one killing took place. The jury found Allen guilty of murder and felony murder for both victims, totaling four counts. Allen's team said they believe the court can only enter a judgment "solely on the murder conviction."
The team did provide mitigating factors in the sentencing memorandum in regards to Allen's sentencing, including:
Allen having no prior criminal history
Allen being the main breadwinner in his family
The memorandum reads Allen's imprisonment has caused a hardship on his wife because of this.
Allen's military service
Allen's "long history of mental illness"
This includes reported treatment for a "major depressive disorder and anxiety disorder throughout his life."
"Richard Allen maintains his innocence and looks forward to the appellate process which he anticipates will include adjudication by a neutral, detached and unbiased tribunal," the document concludes. "Richard Allen believes that he will be afforded due process under the law and will be permitted to present a full and complete defense at a future trial in this cause."
Allen's sentencing hearing is scheduled for 9 a.m. on Friday in Delphi.