DELPHI, Ind. (WTHR) — The judge in the Delphi murders case and Indiana Attorney General’s Office are arguing the Indiana Supreme Court should not grant Richard Allen’s request to reinstate his original defense team and removing the judge.
BACKGROUND: Delphi double murders case timeline
Allen’s civil attorneys also asked the Indiana Supreme Court to set a trial date within 70 days of it making a decision.
In her argument, Judge Frances Gull claims she made her decision to remove Allen’s original defense team for gross negligence and because she believes they compromised his defense. She claims an argument against her decision was never made in the trial court. Additionally, she says if it had and she had made a ruling, Allen’s attorneys could then have appealed her ruling, instead of going directly to the Supreme Court in this case.
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Gull argues Allen’s right to choose attorneys Andrew Baldwin and Bradley Rozzi to represent him is outweighed by his right to effective assistance of counsel.
Respondent acted well within her discretion to remove Baldwin and Rozzi over Relator’s objections. The record supports that the trial court could reasonably conclude Baldwin and Rozzi committed multiple violations of the Rules of Professional Conduct, compromised Relator’s defense, and that “the totality of the circumstances demonstrate[d] gross negligence and incompetence on the part of the defense team.”
She argues the request to have a trial within 70 days of the Indiana Supreme Court’s decision should not be granted as Allen’s current defense team asked for the trial to be pushed back to October 2024.
In its argument, the AG’s office said Allen’s attorneys’ claims were not clearly presented to the trial court and seeking an appeal court decision on it would be adequate. Essentially, there are other steps to be taken before requesting the Indiana Supreme Court to make a decision.
Additionally, the AG argues Allen’s original defense attorneys, Baldwin and Rozzi, could have argued against possible removal at an Oct. 19 hearing, instead stating in the judge’s chambers they would withdraw under accusations of negligence and incompetence, including an evidence leak.
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Additionally, when Baldwin and Rozzi tried to appear as Allen’s attorneys at an Oct. 31 hearing, neither provided additional evidence or arguments to rebut the court’s allegations, the attorney general claims.
NOTE: The video below is from a previous report regarding Allen’s October hearing.
“The court’s discretionary decision could be reviewed on appeal with a complete record, but the limited review in this action is inappropriate,” the AG’s office argues.
Westfield man charged in Delphi murders evidence leak
Allen’s civil attorneys calls for the judge’s removal and a trial within 70 days of the Indiana Supreme Court’s decision, is inappropriate as it would keep the judge or a replacement judge from holding possibly necessary hearings before trial, the AG states. Additionally, Allen’s civil attorneys have not presented their requests to the trial court, which would allow them to appeal if they disagree with the ruling.
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Allen is accused of killing Abigail Williams, 13, and Liberty German, 14, in February 2017.
In an Oct. 31 hearing, Gull told Allen, “I cannot and will not allow these attorneys to represent you.” She then disqualified Baldwin and Rozzi from representing him – even pro bono. Gull said Baldwin and Rozzi engaged in “gross negligence,” which they said, “that’s the court’s opinion.”
“I’m sorry that this has happened, Mr. Allen,” Gull said at the Oct. 31 hearing.
Allen’s recently-appointed public defenders, William S. Lebrato and Robert C. Scremin, asked the judge to push his trial back. It was originally set for Jan. 24, 2024, but is now set for Oct. 15-31, 2024.
BLOOMINGTON, Ind. – After more than a week since its last game, Indiana returns to action Sunday against Winthrop at Simon Skjodt Assembly Hall.
This marks the Hoosiers’ last of 11 nonconference games before resuming Big Ten play on Jan. 2 for the remainder of the regular season. Tipoff is scheduled for 4 p.m. ET on Big Ten Network.
Indiana most recently defeated Chattanooga 74-65 on Dec. 21 in Bloomington, where Mackenzie Mgbako and Malik Reneau scored a team-high 14 points apiece. Following the win, coach Mike Woodson said the team would have a few days off before resuming practice on Thursday evening. Indiana enters Sunday’s game with a 9-3 record and a desire to clean up recent defensive shortcomings.
“Definitely the defensive side is the side we need to focus on the most and keep working at that and getting better,” Reneau said after the Chattanooga game. “But I feel like this break will help us out and clear our minds and we’ll come back ready to work and get ready for Big Ten play.”
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Here’s a full breakdown of the Winthrop Eagles.
Key players
Winthrop Eagles forward Kelton Talford (4) drives against South Carolina Gamecocks guard Myles Stute (10) at Colonial Life Arena. / Jeff Blake-Imagn Images
Key departures
2024-25 schedule (10-4)
Head coach: Mark Prosser
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Prosser has a 65-45 overall record and a 32-18 record in Big South play in his fourth season at Winthrop. In Prosser’s first season, the Eagles won the Big South south division title with a 14-2 conference record, but they finished in fourth place the following two seasons. Before his head coaching stint at Winthrop, Prosser coached Western Carolina for three seasons, going 37-53 overall and 18-35 in the Southern Conference. He was also an assistant coach at Winthrop from 2012-18, following one season as Brevard College’s head coach. Previous jobs include assistant coaching positions at Wofford and Bucknell. He played at Marist from 1998-99, then became a student assistant after an injury. Prosser, 46, was born in Wheeling, W.V.
Strengths
Winthrop has benefited from continuity, which has become rare in today’s era of college basketball. Its four leading scorers from last year returned, and they’re leading the Eagles in scoring again this season, averaging double-digit points. All four are seniors in at least their second seasons at Winthrop under Prosser.
That core includes a pair of 6-foot-7 forwards, Kelton Talford and K.J. Doucet. Both are efficient scorers, shooting over 55% from the field. Talford is the team’s leading rebounder and second-leading shot blocker. He leads the Big South with 52 offensive rebounds and 101 free throw attempts. Indiana will have to keep him off the glass and foul line. Doucet can stretch the floor at 41.7% from 3-point range, creating a dynamic one-two punch in the front court.
Guards Kasen Harrison and Nick Johnson round out Winthrop’s veteran quartet. Harrison does the vast majority of scoring from 2-point range, and he’s the team’s assist leader at 3.3 per game. Johnson is fourth on the team in scoring, but he’s plenty capable at 11 points per game. He led the Eagles with 22 points on 7-for-11 shooting in their most recent win over Mercer.
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As a team, Winthrop ranks 17th nationally at 87.2 points per game and plays at the nation’s fifth-fastest tempo. The Eagles lead the nation with 32.1 free throw attempts per game. nationally. Indiana has struggled to rebound the ball in a few games this year, and it faces a formidable challenge in that area Sunday against a Winthrop team that ranks 17th nationally with 41.9 rebounds per game. Winthrop also averages 8.9 steals and has an opponent turnover percentage of 21.7%, 33rd in the country, placing an emphasis on Indiana taking care of the ball.
Winthrop Eagles guard Nick Johnson (10) dribbles against Xavier Musketeers at the Cintas Center. / Katie Stratman-Imagn Images
Weaknesses
Indiana’s significant height advantage could offset the effectiveness of the 6-foot-7 duo of Talford and Doucet. Both players are having good seasons, but they haven’t faced a front court trio quite like Indiana’s 7-foot center Oumar Ballo and 6-foot-9 forwards Malik Reneau and Mackenzie Mgbako. Winthrop’s leading shot blocker is 6-foot-10 center Tai Hamilton, but he plays just 9.9 minutes per game. Lacking height and shot blockers inside, Winthrop may have to play Hamilton more than usual.
Though Winthrop is among the nation’s top-20 in scoring average, it has not been efficient. The Eagles shoot just 30.9% from 3-point range, which ranks 297th nationally. They get to the free throw line more than anyone, but they haven’t taken advantage of that as they shoot just 66.8% from the line, 302nd nationally. Baker and Jones lead the team with 30 and 25 3-pointers made, respectively, but both shoot below 35% from beyond the arc.
Winthrop Eagles head coach Mark Prosser speaks with guard Kasen Harrison (11) at the Cintas Center in Cincinnati. / Carter Skaggs/The Enquirer / USA TODAY NETWORK via Imagn Images
Season and game outlook
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Winthrop was picked to finish second in the preseason Big South poll and received one first-place vote. The Eagles rank 184th overall on KenPom, ninth-best out of Indiana’s 13th opponents this season. They should be in the mix for a Big South title in Prosser’s fourth.
Indiana is predicted to win Sunday’s game 89-74 and is given a 92% chance of victory by KenPom. The Hoosiers’ defense has struggled in several games this season, and they’ll have to be sharp to slow down a fast-paced, high-scoring – though not particularly efficient – Winthrop offense. It’s a game Indiana should win comfortably in its final tune-up before facing Big Ten opponents the rest of the way.
Wisconsin Badgers (10-2, 1-0 Big Ten) at Indiana Hoosiers (9-3, 1-0 Big Ten)
Bloomington, Indiana; Saturday, 2 p.m. EST
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BOTTOM LINE: Indiana takes on Wisconsin after Shay Ciezki scored 20 points in Indiana’s 90-55 victory over the Oakland Golden Grizzlies.
The Hoosiers have gone 6-1 in home games. Indiana averages 72.0 points and has outscored opponents by 10.2 points per game.
The Badgers are 1-0 against Big Ten opponents. Wisconsin is 2-0 in one-possession games.
Indiana scores 72.0 points, 10.6 more per game than the 61.4 Wisconsin gives up. Wisconsin scores 8.0 more points per game (69.8) than Indiana allows to opponents (61.8).
The Hoosiers and Badgers match up Saturday for the first time in conference play this season.
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TOP PERFORMERS: Yarden Garzon is shooting 41.4% and averaging 14.2 points for the Hoosiers.
Serah Williams is scoring 20.0 points per game and averaging 12.3 rebounds for the Badgers.
LAST 10 GAMES: Hoosiers: 8-2, averaging 71.4 points, 30.8 rebounds, 16.7 assists, 6.2 steals and 4.2 blocks per game while shooting 44.9% from the field. Their opponents have averaged 61.0 points per game.
Badgers: 8-2, averaging 66.4 points, 33.6 rebounds, 15.3 assists, 6.1 steals and 3.8 blocks per game while shooting 45.0% from the field. Their opponents have averaged 60.8 points.
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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
INDIANAPOLIS (WISH) — A northern Indiana couple found a million-dollar Powerball ticket on Christmas Day in between the seats of their car.
The couple on Thursday drove from their home in Kendallville to the downtown Indianapolis Hoosier Lottery office to claim their prize five hours before their ticket expired.
“It was an emotional day for the both of us,” the couple told the Hoosier Lottery in a press release, which did not identify the pair.
The couple purchased the ticket at the Kendallville Finish Line convenience store located at 620 Professional Way in Kendallville.
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The lottery says, after the couple learned the million dollars was unclaimed, they began their search.
The ticket matched all five numbers from the June 29 drawing.
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