DELPHI — Now that Delphi suspects Richard Allen has been convicted and the case is likely to be appealed, what’s the next step in the case?
To answer that question, the Tribune contacted Hal Johnston, a former prosecutor and current adjunct professor at Indiana University’s McKinney School of Law.
Johnston said Allen will be officially transferred to a facility overseen by the Indiana Department of Corrections pending appeal.
Since his arrest in November 2022, Allen has been housed largely in IDOC facilities, excluding his stint in the Cass County Jail during his trial, but he was still under the custody of the Carroll County Sheriff during that term.
And while some appeals are shorter than others, Johnston expects this will be a lengthy experience.
“What the court will have to do is prepare the file,” he said. “That means the transcript of the case will need to be prepared, and all evidence and exhibits will need to be included in that transcript.
So that will take several weeks,” he added. “It’s a long process. It was a long case and I imagine they want all the hearings they’ve had. So it’s not just about the trial, it’s about all the hearings and all the court decisions in this case. … It will seem like nothing is happening, but I can assure you that there is quite a bit happening behind the scenes.”
Some characters in the case will also change, Johnston said, noting that the Indiana Attorney General’s Office will take over the role currently held by the Carroll County Prosecutor’s Office.
When it comes to the defense, Johnston explained that Allen’s lead lawyers – Bradley Rozzi and Andrew Baldwin – could likely still play an advisory role as they navigate the appeals process, but there will also be a lawyer who specializes on appeal.
And as for what Allen’s legal team is likely to bring up during the appeals process, Johnston said he sees a few key areas: the search of Allen’s home in Carroll County and the argument for third-party involvement in the case.
It was that October 13, 2022 that warranted a search of Allen’s residence, leading investigators to discover and seize a firearm that they believe matched an unused cartridge found at the murder scene on February 14, 2017 found.
But if the search is ruled unconstitutional on appeal, the firearm can essentially no longer be used as evidence in the case, according to Johnston.
And because there is no firearm tying Allen to the scene, the state could find it more difficult to tie the unused cartridge to Allen as well, Johnston noted.
And then there is the defense’s theory of Odinism, which presiding judge Frances Gull deemed inadmissible during Allen’s jury trial.
“They (the defense) are certainly going to challenge the fact that they (Gull) didn’t allow them to use that as a defense,” Johnston said.
So that all begs the question.
What happens if Allen wins an appeal?
Johnston also considered that possibility.
“If they overturn it and it goes back to court, then the prosecutor has to review the case and decide whether it’s worth pursuing,” he said. “I mean, if the search warrant is revoked, it could very well close the state’s case.
“Almost think of it as a football,” Johnston added. “The football is now in the hands of the judges, but it is about to be censured soon.”