Richard Allen told his prison psychiatrist he shot Abby Williams and Libby German. The medical examiner concluded the girls were killed with a blade. That is not a minor inconsistency. That is a confession that does not describe the murders.
It is also one of the factual problems Indiana's response brief never directly answers in the Delphi appeal. The State leans on harmless error. The State leans on procedural waiver. The State leans on the trial court's discretion. What the State does not do, across nearly a hundred pages, is explain how a man who confessed to the wrong method of killing can be the killer.
Defense attorney Bob Motta joins Tony Brueski for Part One of a three-part panel on where the Richard Allen appeal actually stands. They sit with that cause-of-death mismatch and what an appellate panel actually does with it. They walk through the van timeline contradicted by FBI cell data and surveillance footage. They get into the alternative suspect whose interview was allegedly recorded over by investigators, whose weapon was never collected, whose phone was never searched.
And they take apart the selective admission of Allen's jailhouse calls. The jury heard one. Within five hours that same day Allen made two more. The defense was barred from playing either. In one of them, Allen asks his own father how much longer he's going to be lucid. The jury was not allowed to hear the man's mind coming apart in the hours surrounding the only call they did hear.
Three judges in Indianapolis are now reading the full record. The State is hoping they don't read it too carefully.
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