County Prosecutor in Charge of Delphi Murders Case
According to the statement, Carroll County Prosecutor Nick McLeland believes Allen “was involved” in the simultaneous killings of Abigail “Abby” Williams, 13, and her friend Liberty “Libby” German, 14, and this roughly aligns with the felony-murder-style legal theory enshrined in the particular section of Indiana law under which Allen is charged.
In accordance with Indiana Code Section 35-42-1-1(2), Allen is charged with killing “another human being” while committing or attempting to commit another crime or crimes, such as “arson, burglary, child molesting, kidnapping, rape, robbery, human trafficking, promotion of human labor trafficking, promotion of human sexual trafficking, promotion of child sex trafficking.
It is unclear from the docket which underlying offense or offenses are alleged in the Delphi case, but the statute’s list of potential offenses is horrifying, as Law&Crime noted in a previous report that breaks down the charges against Allen.
A screengrab from YouTube Shows the Monon High Bridge and a small memorial for the two young teens killed nearby.
On February 13, 2017, German and Williams went missing while traversing the Monon High Bridge Trail close to Delphi, Indiana. The trail passes an ancient trestle and travels alongside a section of the Monon Railroad that has been abandoned.
The two girls vanished from the area of the trestle or close by. The bodies of the girls were found on February 14, 2017.
It’s possible that the underlying crime is kidnapping given that the authorities long ago made public a brief video clip that German-recorded of someone saying, “Guys, down the hill.” Many other facts about the tragic case, as well as the majority of the video, have never been made public.
After two of Allen’s defense attorneys severely attacked the information that is currently kept in a court clerk’s file, prosecutors made a thinly veiled effort to support their case on Wednesday.
The prosecution’s request, and subsequently the judge’s decision, to keep the probable cause affidavit against Allen sealed long after his arrest drew a lot of criticism. The allegations have been sought to be made public by a group of news outlets and even Allen’s attorneys so that the general public can examine them and subject them to the kind of scrutiny prosecutors typically face when charging a defendant.
Prosecutors Argued For Keeping The Case Closed By Speculating That Additional Engaged In The Crime
Although sealed documents are not uncommon, it is unusual to keep an accusatory document completely sealed after an arrest.
During a hearing on Tuesday, prosecutors argued for keeping the case closed by speculating that additional people may have been engaged in the crime.
After a hearing to determine whether or not the charging document should remain secret, Andrew J. Baldwin, a defense lawyer representing Allen, described the document to reporters as “flimsy.” A judge will render a judgment on that matter later.
The manner in the affidavit seeks to connect Baldwin’s client to the double homicide, according to Baldwin and his co-counsel Brad Rozzi, “does not impress” them.
Baldwin added, “I suppose it’s odd for defense lawyers to be arguing that we want things unsealed, but that’s how confident we are in our client. That is how certain we are that the evidence presented at least what is stated in the probable cause affidavits unfounded.
Although we are unsure of the existence of any additional evidence, we are confident that it will not be sufficient to prove our client’s involvement in this case.
Baldwin claimed that Allen has informed his counsel that he is innocent and is “perplexed” and “bewildered” about the charges against him.
