Richard Allen - Record of Proceedings

Filed: 10/30/2023 10:54 AM
IN THE 23S-OR-00302
SUPREME COURT OF INDIANA
NO. _________________
STATE OF INDIANA ON THE )

RELATION OF RICHARD ALLEN, )
)
Relator, )
v. ) CAUSE NO. 08C01-2210-MR-000001
)
THE CARROLL CIRCUIT COURT and )
THE HONORABLE FRANCES C. )
GULL, SPECIAL JUDGE, )
)
Respondents. )
RECORD OF PROCEEDINGS
Exhibit Date Document Page

A CCS 2
B 4/5/2023 IEFS Filing Summary 35
C 6/8/2023 Request to Access 37
D 6/28/2023 Order 41
E 12/2/2022 Gag Order 43
F List of Zip Drive contents 46
G 9/18/2023 IEFS Filing Summary 51
H 9/18/2023 Franks Memorandum of Law 53
I 10/12/2023 Email chain re: photos 190
J 10/11/2023 Letter from Defendant 194
K 10/19/2023 Memo Re: Attorney Disqualification 196
L 4/5/2023 Emergency Motion to Modify 202
M 9/18/2023 Motion for Immediate Transfer 210
N 10/25/2023 Motion to Recuse 219
O 10/25/2023 Notice of Continuing Representation 228
P 10/26/2023 Motion to Continue 234
Q 10/27/2023 Order 237
EXHIBIT A
Original Action Record of Proceedings p.002

This is not the of icial court record. Of icial records of court proceedings may only be obtained directly from
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the court maintaining a particular record.
State of Indiana v. Richard M. Allen

Case Number 08C01-2210-MR-000001
Court Carroll Circuit Court
Type MR - Murder
Filed 10/28/2022
Status 10/28/2022 , Pending (active)
Related Lower Trial Court Case

22S-SJ-00369
Parties to the Case

Defendant Allen, Richard M.
Attorney
Robert Cli Scremin
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#3109902, Lead, Court Appointed
116 E Berry ST
STE 1200
Fort Wayne, IN 46802
260-494-0606(W)
Attorney
William Santino Lebrato
#2170702, Court Appointed
116 E Berry ST
STE 500
State State of Indiana

Plainti
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Attorney
Nicholas Charles McLeland
#2830008
101 W. Main St.

Suite 204
Delphi, IN 46923
765-564-4514(W)
Charges
01 02/13/2017 35-42-1-1(2): Murder
Statute
35-42-1-1(2)
Degree
MR

02 02/13/2017 35-42-1-1(2): Murder
Statute
35-42-1-1(2)
Degree
MR
Chronological Case Summary

10/28/2022 Case Opened as a New Filing
10/28/2022 Petition Filed

Veri ed Request to Prohibit Public Access to a Court Record led.
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Filed By: State of Indiana
File Stamp: 10/28/2022
10/28/2022 Order Issued

Court Order Sealing Request and Court Records Pending Public Hearing.
Judicial O cer: Diener, Benjamin A.

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Noticed: McLeland, Nicholas Charles
Noticed: Allen, Richard M.
Order Signed: 10/28/2022
10/28/2022 Information Filed

Count 1: Murder


Count 2: Murder

10/28/2022 Probable Cause A davit Filed

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Court nds that probable cause does exist. Court sets bond in the sum of twenty million dollars cash or corporate
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surety. Initial hearing is set for Oct. 28, 2022, at 10:30 a.m. per form.

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10/28/2022 Order on Initial Hearing

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Pre-Omnibus Order entered, per form.
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10/29/2022 Automated ENotice Issued to Parties

Order Issued ---- 10/28/2022 : Nicholas Charles McLeland Order Issued ---- 10/28/2022 : Nicholas Charles McLeland
Order on Initial Hearing ---- 10/28/2022 : Nicholas Charles McLeland Order Issued ---- 10/28/2022 : Nicholas Charles
McLeland

Order Acknowledging Public Hearing entered, per form.

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11/02/2022 Hearing Scheduling Activity

Hearing scheduled for 11/22/2022 at 9:00 AM.

Pretrial Conference scheduled for 01/13/2023 at 9:00 AM.

Jury Trial scheduled for 03/20/2023 at 9:00 AM.





Order Issued ---- 11/2/2022 : Nicholas Charles McLeland
11/03/2022 Motion Filed

Request by the Sheri of Carroll County, Indiana to Transfer Inmate from the Custody of the Sheri to the Custody of
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the Indiana Department of Corrections for Safekeeping led.
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Filed By: Carroll County Sheri 's Department
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Order Re: Sheri 's Request for Safekeeping entered, per form.
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Noticed: Carroll County Sheri 's Department
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Order of Recusal and Certi cation to the Indiana Supreme Court for Selection of a Special Judge Outside of Carroll
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County entered, per form. (copy to Indiana Supreme Court)

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11/04/2022 Automated Paper Notice Issued to Parties

Order Issued ---- 11/3/2022 : Carroll County Sheri 's Department
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Order Issued ---- 11/3/2022 : Nicholas Charles McLeland Order Issued ---- 11/3/2022 : Nicholas Charles McLeland
11/04/2022 Special Judge Assigned


Special Judge Assigned ---- 11/4/2022 : Nicholas Charles McLeland
11/09/2022 Correspondence to/from Court Filed

Correspondence received from Defendant requesting appointment of public defender.
Filed By: Allen, Richard M.

11/14/2022 Appearance Filed

Co-Counsel Appearance
For Party: Allen, Richard M.


Appearance


Court nds Defendant is unable to hire counsel and is entitled to Court-appointed counsel. Court appoints Attorney
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Bradley Rozzi and Attorney Andrew Baldwin as contract Public Defenders. Counsel instructed to enter their written
appearance and be available for hearing November 22, 2022 at 9:00 a.m.
Judicial O cer: Gull, Frances -SJ

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Order Issued ---- 11/15/2022 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland
11/16/2022 Transport Order Entered
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Noticed: Baldwin, Andrew Joseph
Noticed: Rozzi, Bradley Anthony

Transport Order Entered ---- 11/16/2022 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland

Courthouse Management and Decorum Order for Hearing November 22, 2022 at 9:00 am

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Petition to Let to Bail


Limited Appearance by Attorneys
For Party: INDIANA BROADCASTERS ASSOCIATION

For Party: HOOSIER STATE PRESS ASSOCIATION, INC.
For Party: THE ASSOCIATED PRESS
For Party: CIRCLE CITY BROADCASTING I, LLC
For Party: E.W. SCRIPPS COMPANY
For Party: NEXSTAR MEDIA INC.
For Party: TEGNA INC.
For Party: GANNETT SATELLITE INFORMATION INDIANA NEWSPAPERS, LLC
For Party: AMERICAN BROADCASTING COMPANIES, INC.
For Party: NEUHOFF MEDIA LAFAYETTE, LLC
For Party: WOOF BOOM RADIO LLC

11/21/2022 Memorandum/Brief Filed
Media Intervenors' Pre-Hearing Brief Seeking Public Access to Probable Cause A davit and Charging Information
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Filed By: INDIANA BROADCASTERS ASSOCIATION
Filed By: HOOSIER STATE PRESS ASSOCIATION, INC.
Filed By: THE ASSOCIATED PRESS
Filed By: CIRCLE CITY BROADCASTING I, LLC
Filed By: E.W. SCRIPPS COMPANY
Filed By: NEXSTAR MEDIA INC.
Filed By: TEGNA INC.
Filed By: GANNETT SATELLITE INFORMATION INDIANA NEWSPAPERS, LLC
Filed By: AMERICAN BROADCASTING COMPANIES, INC.
Filed By: NEUHOFF MEDIA LAFAYETTE, LLC
Filed By: WOOF BOOM RADIO LLC
11/22/2022 Hearing
Session:
11/22/2022 9:00 AM, Judicial O cer: Diener, Benjamin A.
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Comment: Public Access

Motion for Order Prohibiting the Parties, Counsel, Law Enforcement O cials, Court Personnel, Coroner, and Family
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Members from Disseminating Information or Releasing Any Extra-Judicial Statements by Means of Public
Communication led.
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Pretrial Conference scheduled for 01/13/2023 at 9:00 AM was cancelled. Reason: Judicial Action.


Defendant appears in person and with counsel. State by Prosecuting Attorney. Hearing held on State's Veri ed
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Request to Prohibit Public Access to a Court Record. Matter taken under advisement. Defendant's Petition to Let to
Bail ordered set for hearing in Carroll Circuit Court on February 17, 2023 at 10:00 am. Court to enter transport order.
Omnibus date rescheduled to February 17, 2023 at 10:00 am by agreement of counsel

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Court notes ling of Limited Appearance by Attorneys and a pleading entitled "Media Intervenors' Pre-Hearing Brief
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Seeking Public Access to Probable Cause A davit and Charging Information" on November 21, 2022. Court takes this
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matter under advisement following the hearing conducted on November 22, 2022.

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Order Issued ---- 11/22/2022 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland Order Issued
---- 11/22/2022 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland Transport Order Entered ---
- 11/22/2022 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland

Attorney: McLeland, Nicholas Charles
For Party: State of Indiana
11/23/2022 Motion to Intervene Filed

Media Intervenors' Motion for Leave to Intervene

11/29/2022 Motion for Change of Venue Filed

Veri ed Motion for Change of Venue from the County
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The Court, having had this matter under advisement following a hearing conducted on November 22, 2022, now
denies the State's Veri ed Request to Prohibit Public Access to a Court Record, in part. The Court further nds that the
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Media Intervenors' Motion for Leave to Intervene is moot, and therefore, denied. Court orders that the redacted
Charging Informations and A davit for Probable Cause, submitted by the State at the hearing on November 22, 2022,
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be led with the Clerk of the Court with this Order, and further that the Clerk shall not release (without prior Court
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approval) the original, sealed unredacted Informations and A davit
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11/29/2022 Probable Cause A davit Filed

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Redacted Probable Cause



Court orders the State's Motion for Order Prohibiting the Parties, Counsel, Law Enforcement O cials, Court
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Personnel, Coroner and Family Members from Disseminating Information or Releasing any Extra-Judicial Statement by
Means of Public Communication and the Defendant's Veri ed Motion for Change of Venue from the County set for
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hearing January 13, 2023 at 10:00 am in Carroll Circuit Court

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Order Issued ---- 12/1/2022 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland Transport
Order Entered ---- 12/1/2022 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland

The Court issues an order granting the State's Motion for Order Prohibiting the Parties, Counsel, Law Enforcement
O cials, Court Personnel, Coroner, and Family Members from Disseminating Information or Releasing Any Extra-
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Judicial Statements by Means of Public Communication in whole, pending hearing which the Court has scheduled for
January 13, 2023 at 10:00 am in the Carroll Circuit Court. Violations of this Order are punishable as Contempt of Court
and subject the violator to a ne and/or incarceration.
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Jury Trial originally scheduled on 03/20/2023 at 9:00 AM was rescheduled to 03/20/2023 at 9:00 AM. Reason:
Conversion.

Jury Trial scheduled for 03/21/2023 at 9:00 AM was cancelled. Reason: .








Motion for Leave to Proceed Ex Parte


Order granting leave to proceed Ex Parte and on a sealed record with regard to Applications for Cost of
Representation Including Expert Fees and Expenses

Noticed: Christensen, Margaret Marie
Noticed: Byron, Daniel P
Noticed: Meek, Jessica Laurin

Order Issued ---- 12/12/2022 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Daniel P Byron;Nicholas Charles
McLeland;Jessica Laurin Meek;Margaret Marie Christensen

Ex Parte Motion Authorizing Funding for Fact Investigator


Supplemental Motion for Discovery and Request for Rule 404 and 405 Evidence


Court orders Defendant's Supplemental Motion for Discovery and Request for Rule 404 and 405 Evidence set for
hearing January 13, 2023 at 10:00 a.m. Court further orders Defendant's Ex Parte Motion and Order Authorizing
Funding for Fact Investigator set for ex parte hearing January 13, 2023 at 11:00 a.m.

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Courthouse Management and Decorum Order for Hearing January 13, 2023 at 10:00 a.m.

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01/12/2023 Response to a Petition Filed

Response to Motion

01/13/2023 CANCELED Pretrial Conference

Reason: Judicial Action
Session:
01/13/2023 9:00 AM, Cancelled
01/13/2023 Hearing
Session:
01/13/2023 10:00 AM, Judicial O cer: Gull, Frances -SJ
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01/23/2023 Stipulation Filed
Stipulation Regarding Defendant's Veri ed Motion for Change of Venue from the County
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File Date: 01/20/2023

Court now grants in whole the State's Motion for Order Prohibiting the Parties, Counsel, Law Enforcement O cials,
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Court Personnel, Coroner, and Family Members from Disseminating Information or Releasing any Extra-Judicial
Statements by Means of Public Communication. Court takes Defendant's Supplemental Motion for Discovery and
Request for Rule 404 and 405 Evidence under advisement. Court acknowledges the Defendant's Motion for Change of
Venue and agrees a jury could not be obtained in Carroll County. Pursuant to I.C. 35-36-6-11, a jury will be selected
from another county and transported to Carroll County for trial. Counsel to notify the Court within a week if they can
agree to a speci c county.
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The parties having led their Stipulation Regarding Defendant's Veri ed Motion for Change of Venue from the County
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on January 20, 2023, and the Court having examined same, the Court hereby Orders that the jury venire shall be
drawn from Allen County and trial shall be conducted in Carroll County

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Con dential Order entered
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State's Response to Petition

02/07/2023 Motion for Continuance Filed

DEFENDANT'S MOTION TO CONTINUE BAIL HEARING AND JURY TRIAL SETTING

02/13/2023 Motion to Intervene Filed

Media Intervenors' Renewed Motion to Intervene and Motion to Grant Public Access to the State's Veri ed Request to
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Prohibit Public Access

02/13/2023 Response Filed

State's Response


Motion


On the Court's Motion, and with the consent of the parties, the hearing scheduled for February 17, 2023 at 10:00 a.m.
on Defendant's Petition to Let Bail will be continued and the resetting of the same will be conducted with the
attorneys, the Defendant, and the Court appearing remotely February 17, 2023 at 1:30 p.m. Court orders the
Transport Order for the Defendant cancelled.

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To accommodate Department of Correction availability, the hearing currently set for February 17, 2023 at 1:30 p.m. is
reset for February 17, 2023 at 12:30 p.m.

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02/17/2023 Hearing
Session:
02/17/2023 12:30 PM, Judicial O cer: Gull, Frances -SJ
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Order Issued ---- 2/16/2023 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland Order Issued --
-- 2/16/2023 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland



Order granting Motion Requesting Protective Order Governing Discovery

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Order Granting Media Intervenor's Renewed Motion to Intervene and Motion To Grant Public Access to the State's
Veri ed Request to Prohibit Public Access
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Court grants Defendant's Motion to Continue Bail Hearing and resets the hearing to June 15-16, 2023 at 8:30 a.m. in
the Carroll Circuit Court. Jury trial also continued to be reset at the bond/omni hearing June 15, 2023.

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-- 2/21/2023 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland Order Issued ---- 2/21/2023 :
Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland

Jury Trial scheduled for 03/21/2023 at 9:00 AM was cancelled. Reason: Judicial Action.








03/20/2023 CANCELED Jury Trial

Reason: Judicial Action
Session:
03/20/2023 9:00 AM, Rescheduled
Session:
03/21/2023 9:00 AM, Cancelled
Session:
03/22/2023 9:00 AM, Cancelled
Comment: First Setting

Emergency Motion to Modify Safekeeping Order


Veri ed Request to Prohibit Public Access to a Court Record led by State of Indiana.
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State of Indiana les Response to Defense's Emergency Motion to Modify Safekeeping Order.
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On November 3, 2022, the Judge of the Carroll Circuit Court, at the request of the Carroll County Sheri , entered the
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following order: "Accordingly, pursuant to Ind. Code 35-33-11-1, the Court ORDERS the Sheri of Carroll County to
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transfer Defendant to a facility of the department of correction designated by the commissioner of the department as
suitable for the con nement of Defendant and provided that space is available." These types of orders are referred to
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as "safe keeper" ordered. The Department of Correction has complied with this order. Consistent with that Order and
the "safe keeper" statute, the Department of Correction is authorized to move the Defendant within the Department
of Correction to accommodate his medical and physical needs pursuant to medical directives by the Department of
Correction physicians, psychiatrists or psychologists

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Veri ed Request to Prohibit Public Access to a Court Record led by State.
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State les Motion for Leave of Court to Subpoena Third-Party Records.
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04/20/2023 Subpoena/Summons Filed

Subpoena Duces Tecum led.
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Westville Correctional Inmate letter



Veri ed Request to Prohibit Public Access to a Court Record
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05/04/2023 Motion to Quash Filed

Motion to Quash Subpoena








Veri ed Request to Prohibit Public Access to a Court Record
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05/04/2023 Motion to Reconsider
Motion to Reconsider and Request for Due Process Hearing

05/17/2023 Motion for Temporary Restraining Order Filed

Veri ed Motion for Temporary Restraining Order and Preliminary Injunction
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05/22/2023 Notice to Court Filed

Notice of Discovery

05/22/2023 Motion to Suppress Filed

Motion to Suppress


Motion to Convert Let Bail Hearing into Suppression Hearing


The Court, having had the defendant's Motion to Quash Subpoena under advisement, now grants the Motion to
Quash the Subpoena Duces Tecum directed to Westville Correctional Facility relating to defendant's mental health
records, mental health evaluations and/or exams, medical documentation and/or medical evaluations. The Motion to
Quash the Subpoena Duces Tecum directed to Westville Correctional Facility regarding audio/video recordings, written
observations, recordings, phone calls, written requests, or other documentation is denied. The Motion to Quash the
Subpoena Duces Tecum directed to CVS Headquarters is denied. The defense Motion to Reconsider and Request for
Due Process Hearing ordered set for hearing June 15, 2023, at 10:00 a.m. The hearing currently set on defendant's
request for bail is ordered converted to a hearing on defendant's Motion to Suppress.

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MOTION FOR EX PARTE DETERMINATION OF DEFENDANT'S MOTION FOR APPOINTMENT OF EXPERTS


Motion for Order on Continuing Disclosure of Defendant's Mental Health Records


Limited Appearance of Attoney
For Party: MYSTERY SHEET LLC DBA MURDER SHEET


Motion for Public Access to Court Records
Filed By: MYSTERY SHEET LLC DBA MURDER SHEET


Hearing scheduled for 06/16/2023 at 8:30 AM was cancelled. Reason: Other.

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06/09/2023 Motion For Transport Order

Motion for Transport Order



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06/13/2023 Motion In Limine Filed

Motion in Limine Regarding Ballistics


Courthouse will open at 8:00 a.m. All entrances will be closed, except for the handicapped entrance on the north side
of the building. The remaining entrances will be locked with no access to the public. All members of the public,
including members of the media, are subject to screening by metal detectors. All bags in possession of those entering
the building are subject to search. NO weapons of any kind are permitted in the building, except for on-duty law
enforcement o cers providing security to the Courthouse and the parties. Cellular telephones are permitted in the
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building, but must be powered OFF and unused at all times while in the building or the Courtrooms. Violations are
subject to seizure and destruction of the cellular telephone. No electronic equipment or devices are permitted in the
Carroll Circuit Court. Media personnel are permitted to attend the Court session. NO cameras, electronics, lap tops or
recording equipment of any kind is permitted on the Second Floor and the Third Floor of the Courthouse nor inside
the Circuit Courtroom. All such equipment is limited to the First Floor of the Courthouse. The Court requests the
media be mindful that other County o ces are conducting business in the building unrelated to this case. Media and
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members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the o ces,
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personnel, and patrons of those o ces. The Media are free to use the public areas outside the Courthouse as long as
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they do not obstruct tra c in the streets and sidewalks surrounding the Courthouse. Seating in the Carroll Circuit
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Court is limited. The rst row of public seats behind the bar separating the well of the courtroom from the public is
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unavailable for seating. The Sheri of Carroll County or his designee will ensure that the victim representatives are
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seated. The remaining seating is available until full. No one, other than Court Security, will be permitted to stand in the
Courtroom. All spectators must remain seated until the conclusion of the hearing and the parties have left the
Courtroom. No food or beverages are permitted inside the Carroll Circuit Court. Water will be permitted for the
parties in the well of the Courtroom. All members of the public and the media are required to follow directives of the
Sheri of Carroll County, Courthouse Security and Courtroom Security. NO court-produced recording will be made
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available to the public or media. The audio record made pursuant to Indiana Criminal Rule 5 may not be copied or
used for purposes other than perpetuating the record. At the conclusion of the scheduled hearing on public pending
Motions before the Court, the Court will conduct an ex parte hearing with the Defendant and defense counsel on the
Ex Parte Motion. The State of Indiana and the public are excluded from this portion of the hearing and will be asked to
leave the Courtroom. Court Security will remain and are ordered to keep that portion of the proceeding con dential.
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The Court anticipates that all members of the public and the media will conduct themselves in an appropriate fashion.
Any violation of this Order and any conduct the Court nds disruptive of the proceedings may result in an order of
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temporary or permanent exclusion from the Courtroom and/or Courthouse and is punishable as contempt of Court.

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06/13/2023 Objection Filed

State's Objection to Defendant's Motion for Order on Continuing Disclosure of Defendant's Mental Health Records
led.
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State's Objection to Defendant's Motion to Suppress.


06/15/2023 Hearing
Session:
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Session:
06/16/2023 8:30 AM, Rescheduled
















Ex Parte Motion for Order Authorizing Expert at a Public Expense, Incorporating Memorandum in Support


Appearance by Attorneys - Aaron M. Ridlen; Hannah M. Deters
For Party: Indiana Department of Correction


Motion to Quash Subpoena or Enter Protective Order
Filed By: Indiana Department of Correction

06/20/2023 Document Filed
Filed By: Carroll County Sheri 's Department

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Comes now the Court and having communicated with the parties on Defendant Allen's Motion for Order on
Continuing Disclosure of Defendant's Mental Health Records, now grants said Motion and orders the Indiana
Department of Corrections and/or any other departments, law enforcement agencies, and/or individuals assuming
jurisdiction over the care and custody of Richard M. Allen to release to Attorney Bradley A. Rozzi and/or Andrew
Baldwin, upon the written request or either, any and all mental health records associated with Richard M. Allen,
without the necessity of the execution of consents and/or waivers by Defendant Allen or his agents

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Defendant appears in person and with counsel, Bradley Rozzi and Andrew Baldwin. State by Prosecuting Attorney
Nicholas McLeland. Court is informed by Counsel that the hearing on defendant's Motion to Suppress needs to be
continued to be reset once defense counsel les its notice of omissions/inaccuracies. Hearing conducted on
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defendant's Motion to Reconsider Safekeeping Order. Evidence and arguments of counsel taken under advisement.
Defendant's Motion for Temporary Restraining Order on Department of Correction Use of Cameras and Request for
Preliminary Injunction to pend as the Department of Correction has stopped remote lming attorney meetings with
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defendant. Court grants defendant's Motion for Order on Continuing Disclosure of Defendant's Mental Health Records
under separate order. Ex Parte Motions heard and concluded. Counsel will submit Ex Parte pleading under seal for the
Court to consider. Court will issue a separate, detailed order on the sealed pleadings which will be unsealed by
agreement of Counsel. Jury trial ordered set January 8-26, 2024, with jury selection to be conducted in Allen County,
Indiana, and trial to be conducted in Carroll County, Indiana.

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The Court has reviewed the electronic le recently and discovered many pleadings and lings have been marked as
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sealed and con dential, and, therefore, unavailable to the public The Court has consulted with Counsel for the State of
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Indiana and the Defense and discovered the pleadings have been deemed con dential to comply with the Court Order
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dated December 2, 2022 which prohibits public comment, commonly referred to as the "Gag Order". Counsel agree
with the Court that the public interest is best served by transparency, but that certain pleadings should remain sealed.
Counsel agree that the original, unredacted A davit for Probable Cause shall remain sealed as it lists names of
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juvenile witnesses; that the Transport Orders previously entered (and future Orders) shall remain sealed for security
purposes; and that the Defense Ex Parte Motions and related Orders shall remain sealed pursuant to long established
case law. All other pleadings led prior to the date of this Order shall be unsealed and available to the public, except
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for the pleadings explicitly mentioned in this paragraph. Future pleadings and lings that are to be con dential shall
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comply with Court rules. Further, the Court has consulted with the Clerk of the Carroll Circuit Court about the impact
of this Order on her o ce and sta , and the public interest in the pleadings which are being made available. As
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hundreds of pages of documents are being unsealed, this may create obstacles to the Clerk and the public. To ease
the burden on the Clerk of the Court, and to ensure accessibility, the Court will make copies of the now public
pleadings available at allensuperiorcourt.us/Delphi. John McGauley, Allen Superior Court, Court Executive has created
this page on the Court's website to make these pleadings easily accessible to the public, the media, and the parties.
This link should be active within hours of the issuance of this Order

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Motion for Order on Visitation with Inmate


Westville Correctional Inmate letter.

The Court, having reviewed the Indiana Department of Correction's Motion to Quash Subpoena or Enter Protective
Order, now nds that Defendant's request is unreasonable and oppressive, and beyond the scope of discovery. The
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Court, therefore, quashes the Subpoena and Request for Production to Non-Party issued by Counsel in May 19, 2023.

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The Court, having had this matter under advisement following a hearing, and having considered the evidence and the
arguments of Counsel, now nds as follows: Defendant is currently incarcerated in the Westville Correctional Facility
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under a "safekeeping order" issued November 3, 2022. The Court Order states that the Court "FINDS that Defendant is
an inmate awaiting trial and is in imminent danger of serious bodily injury or death, or represents a substantial threat
to the safety of others." The evidence presented at the hearing on defendant's Motion to Reconsider did not support
many of the allegations advanced by defendant counsel. In fact, the evidence presented demonstrated that the
Defendant is treated more favorably than other inmates housed at the Westville Correctional Facility. In light of the
evidence presented, the Court has reconsidered the original Safekeeping Order and nds it is reasonable and
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necessary to ensure the defendant's safety and to prevent serious bodily injury to himself. The Department of
Correction has provided, and will continue to provide Defendant with the necessarily medical services, including any
mental health services. If the Department of Correction believes a facility other than Westville is more appropriate, or
more convenient for Counsel, the Court is con dent that the Department of Correction will move the defendant
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accordingly.

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08/08/2023 Praecipe for Transcript Filed

Praecipe for Transcript

08/08/2023 Administrative Event

Praecipe for Transcript to Allen County D05 Court Reporter and Felony Judicial Assistant.

Motion for Broadcasting Order

09/14/2023 Amended Pleading Filed

Amended Motion to Suppress Fruits of Search of 1967 North Whiteman Drive, Delphi, Indiana

09/18/2023 Motion for Hearing Filed

Motion for Franks Hearing


Veri ed Motion for Immediate Transfer of Custody
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Notice of Non-Party Request for News Media Access and Statement in Support for Defendant's Motion for
Broadcasting


State's Response to Defendant's Motion for Broadcasting Order.


State's 2nd Objection to Defendant's Motion to Suppress.

09/25/2023 Request for Subpoena Duces Tecum Filed

State's Motion for Leave of Court to Subpoena Third-Party Records.

09/25/2023 Request for Subpoena Duces Tecum Filed

State's Motion for Leave of Court to Subpoena Third-Party Records.


State les Veri ed Request to Prohibit Public Access to a Court Record.
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Motion for All Future Pleadings and Filings to be Sealed for the Court's Review Before Being Released to the Public.


Supplemental Motion for Franks Hearing


Motion for Discovery Deadline


Defendant's Additional Franks Notice






State's Response to Motion for Discovery


State's Response to Defense's Veri ed Motion for Immediate Transfer
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The Court having reviewed Defendant Allen's Motion for Discovery Deadline, the Court now orders the following:
without objection by the State. The State of Indiana must produce all discovery to defense counsel on or before
November 1, 2023.

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Correspondence to Court


On the Courts motion, this cause is ordered set for status hearing on October 19, 2023 at 2:00 p.m. in the Allen
Superior Court. Counsel ordered to arrange their schedules to appear. The purpose of the hearing is to discuss the up
coming hearing on October 31, 2023 and other matters which have recently arisen. Court will prepare a transport
order to have Defendant appear.

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Order Entered ---- 10/12/2023 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland

Status Hearing scheduled for 10/19/2023 at 2:00 PM.

Status Hearing originally scheduled on 10/19/2023 at 2:00 PM was rescheduled to 10/19/2023 at 2:00 PM. Reason:
Data Entry Error.

The Court has received multiple requests for various legitimate media outlets to record the Court proceedings to be
conducted on October 19, 2023, at 2:00 p.m. (These requests are led in the case with this Order). Pursuant to the
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Code of Judicial Conduct, Rule 2.17, a judge shall prohibit broadcasting, televising, recording, or taking photographs in
the Courtroom. However, a judge may authorize the broadcasting, televising, recording, digital streaming, or
photographing of court proceedings or the Courtroom by members of the news media under certain conditions. (Rule
2.17(3)(a)(b)). News media is de ned as persons employed by or representing a newspaper, periodical, press
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association, radio station, television station, or wire service and covered by I.C. 34-46-4-1. All of the submitted
requests meet this de nition. Counsel for the State and the defense have been provided with these requests, and
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both have previously submitted pleadings stating their positions on cameras in the Courtroom. (See defense Motion
for Broadcasting Order, led September 13, 2023, and State's Response to Defendant's Motion for Broadcasting
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Order, led September 25, 2023). The Court has determined that allowing recording of the October 19, 2023, hearing
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is permitted provided that the means of recording will not distract the participants or impair the dignity of the
proceedings, and the hearing itself is a non-con dential proceeding. The Court, therefore, authorizes the recording
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and broadcasting of the hearing set for October 19, 2023. The Court WILL NOT permit photographing or digital
streaming of the proceedings. All news media will be required to wear/display identi cation and to wear appropriate
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attire. One or two cameras will be authorized for pool coverage of the hearing. Members of the general public are
prohibited from broadcasting, recording, or photographing this proceeding. The Court will prohibit media broadcast
during this hearing of attorney-client communications, bench conferences, and materials on counsel tables and the
Court's bench. The Court has the sole discretion to interrupt or stop the coverage, or to limit or terminate the
recording and broadcast by a news media organization at any time during the proceeding. The Court requests the
media to become familiar with I.C. 34-46-4-1 and the Code of Judicial Conduct, Rule 2.17.

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This case has generated substantial public interest and media attention. In light of this, and on the Court's own motion
to ensure the integrity of the proceedings, to protect the Defendant's constitutional rights for due process, to ensure
the safety of the parties and the public, and to permit public access to criminal proceedings, the Court sets forth the
following rules and guidelines for the hearing set for Thursday, October 19, 2023, in the Allen Superior Court. The
Courthouse will open at 8:00 a.m. All entrances are closed, except for the entrance on the east side of the building.
The remaining entrances are locked with no access to the public. All members of the public, including members of the
media, are subject to screening by metal detectors. All bags in possession of those entering the building are subject to
search. NO weapons of any kind are permitted in the building, except for on-duty law enforcement o cers providing
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security to the Courthouse and the parties. Cellular telephones are NOT permitted in the building. Violations are
Allen County Courthouse. This includes electronic watches. Media personnel are permitted to attend the Court
session. One or two cameras providing pool coverage will be permitted in the Court session. No still photography or
other recording will be permitted. No other media equipment will be permitted in the Courthouse. The Court requests
the media be mindful that other County o ces are conducting business in the building unrelated to this case. Media
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and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the o ces,
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personnel, and patrons of those o ces. The Media are free to use the public areas outside the Courthouse as long as
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they do not obstruct tra c in the streets and sidewalks surrounding the Courthouse. Public seating in the Allen
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Superior Courtroom One is limited to 90 spectators. The Sheri of Allen County or his designee will ensure that the
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victim representatives are seated and that the defendant's family is seated. The rst two rows of public seating in the
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south side of the Coutroom will be reserved for the State, the State's sta , victims representatives, and State
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designees. The rst two rows of public seating in the north side of the Courtroom will be reserved for the defense
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sta , defense family, and defense designees. The remaining seating is available until full. No one, other than Court
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Security and law enforcement, will be permitted to stand in the Courtroom. No food or beverages are permitted inside
Allen Superior Court. Water will be permitted for the parties in the well of the Courtroom. All members of the public
and the media are required to follow directives of the Sheri of Carroll County, the Sheri of Allen County, Courthouse
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Security, and Courtroom Security. NO court-produced recording will be made available to the public or media. The
audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposes other than
perpetuating the record. At the conclusion of the scheduled hearing, all members of the public and media will remain
seated in the courtroom until Court Security releases them. The Court anticipates that all members of the public and
the media will conduct themselves in an appropriate fashion. Any violation of this Order and any conduct the Court
nds disruptive of the proceedings may result in an order of temporary or permanent exclusion from the Courtroom
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and/or Courthouse and is punishable as contempt of Court.

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Order Issued ---- 10/17/2023 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland Order Issued
---- 10/17/2023 : Andrew Joseph Baldwin;Bradley Anthony Rozzi;Nicholas Charles McLeland
10/19/2023 Status Hearing

Session:
10/19/2023 2:00 PM, Rescheduled
Session:
10/19/2023 2:00 PM, Judicial O cer: Gull, Frances -SJ
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Comment: To be held in Allen Superior D05

10/19/2023 A davit Filed
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A davit
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File Date: 10/18/2023
10/19/2023 Temporary/Limited Scope Appearance Filed

Limited Appearance Form

10/19/2023 Memorandum/Brief Filed

MEMORANDUM REGARDING POSSIBLE DISQUALIFICATION OR SANCTIONS



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10/26/2023 Notice Issued

Transport order e-mailed to Sheri
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10/26/2023 Notice Issued to Parties

Noticed: Carroll County Sheri 's Department
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Veri ed Notice of Continuing Representation
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Motion to Disqualify


Praecipe for Transcript

10/26/2023 Motion for Continuance Filed

Motion for Continuance


Court notes the following pleadings which may be resolved without further argument or hearing: 1. Defendant's
Motion for Broadcasting Order is overbroad. The Court will consider broadcast requests by the media (after notice to
the Defense and the State) on a hearing-by-hearing basis. Therefore, the Motion for Broadcasting Order is denied. 2.
Defendant's Motion to Quash Subpoenas (requested by the State for defendant's medical and mental health records)
is granted as the State is not entitled to such records. 3. Defendant's Veri ed Motion for Immediate Transfer of
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Custody is denied based upon the State's Response and attached A davits. The Defense multiple Motions for a
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Franks Hearing remain unresolved as the Court is still reviewing the thousands of pages of exhibits attached to the
Motions, as well as the multiple hours of digital evidence submitted by counsel. The Court will continue to review
same. Defendant's Motion to Suppress and Supplemental Motions to Suppress, as well as the State's Responses, will
be set for hearing upon resolution of the defense Franks Motions. Prior to the scheduled hearing this date, Attorneys
Rozzi and Baldwin advise the Court they will be withdrawing their representation of the defendant. Court accepts their
representations and orders them withdrawn from the cause. Counsel ordered to comply with the previously entered
Protective Order on Discovery and are ordered to turn the discovery over in full to the State of Indiana to be made
available to successor counsel. Court requests their cooperation with successor counsel in the best interests of their
former client, but is not requiring them to cooperate. Court will maintain the hearing currently scheduled for October
31, 2023, at 9:00 a.m. in the Carroll Circuit Court for successor counsel to appear. Clerk of the Carroll Circuit Court
ordered to remove Attorneys Baldwin and Rozzi as attorneys of record in this cause.

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Court notes the following pleadings which may be resolved without further argument or hearing: 1. Defendant's
Motion for Broadcasting Order is overbroad. The Court will consider broadcast requests by the media (after notice to
the Defense and the State) on a hearing-by-hearing basis. Therefore, the Motion for Broadcasting Order is denied. 2.
Defendant's Motion to Quash Subpoenas (requested by the State for defendant's medical and mental health records)
is granted as the State is not entitled to such records. 3. Defendant's Veri ed Motion for Immediate Transfer of
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Custody is denied based upon the State's Response and attached A davits. The Defense multiple Motions for a
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Franks Hearing remain unresolved as the Court is still reviewing the thousands of pages of exhibits attached to the
Motions, as well as the multiple hours of digital evidence submitted by counsel. The Court will continue to review
same. Defendant's Motion to Suppress and Supplemental Motions to Suppress, as well as the State's Responses, will
be set for hearing upon resolution of the defense Franks Motions. Prior to the scheduled hearing this date, Attorneys
Rozzi and Baldwin advise the Court they will be withdrawing their representation of the defendant. Court accepts their
representations and orders them withdrawn from the cause. Counsel ordered to comply with the previously entered
Protective Order on Discovery and are ordered to turn the discovery over in full to the State of Indiana to be made
available to successor counsel. Court requests their cooperation with successor counsel in the best interests of their
former client, but is not requiring them to cooperate. Court will maintain the hearing currently scheduled for October
31, 2023, at 9:00 a.m. in the Carroll Circuit Court for successor counsel to appear. Clerk of the Carroll Circuit Court
ordered to remove Attorneys Baldwin and Rozzi as attorneys of record in this cause.

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10/26/2023 Administrative Event

Entry dated October 19, 2023, regarding ordered issued entered twice in error

Order Entered ---- 10/26/2023 : Nicholas Charles McLeland

Court notes lings by former Attorney Rozzi on October 25, 2023, and takes no action. Attorney Rozzi withdrew from
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this matter on October 19, 2023, and is no longer counsel of record. These lings, therefore, are ordered stricken from
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the record. Clerk of the Court ordered to remove the pleadings from the electronic case le and the Chronological
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Case Summary as being led in error.
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The Court has received requests for media coverage of the October 31, 2023, 9:00 a.m. hearing from the following
media outlets: NewsNation, Law and Crime, Court TV, and Channel 13 WTHR. In light of the unauthorized lming and
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broadcasting of pre-hearing activities in the Courtroom on October 19, 2023, the Court denies these requests in full.


Defendant remains entitled to Count-appointed counsel. Court appoints Attorney Robert Scremin and Attorney
William S. Lebrato as Contract Public Defenders to represent the defendant. Counsel ordered to enter their
appearances as Public Defenders on behalf of the Defendant.

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This case has generated substantial public interest and media attention. In light of this, and on the Court's own motion
to ensure the integrity of the proceedings, to protect the Defendant's constitutional rights for due process, to ensure
the safety of the parties and the public, and to permit public access to criminal proceedings, the Court sets forth the
following rules and guidelines for the hearing set for Tuesday, October 31, 2023, in the Carroll Circuit Court. The
Courthouse will open at 8:00 a.m. All entrances are closed, except for the handicapped entrance on the north side of
the building. The remaining entrances will be locked with no access to the public. All members of the public, including
members of the media, are subject to screening by metal detectors. All bags in possession of those entering the
building are subject to search. NO weapons of any kind are permitted in the building, except for on-duty law
enforcement o cers providing security to the Courthouse and the parties. Cellular telephones are permitted in the
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building, but must be powered OFF and unused at all times while in the building or the Courtroom. Violations are
Carroll Circuit Court. This includes electronic watches. Media personnel are permitted to attend the Court session. NO
cameras, electronics, lap tops or recording equipment of any kind is permitted on the Second and Third Floors of the
Courthouse, nor inside the Carroll Circuit Courtroom. All such equipment is limited to the First Floor. The Court
requests the media be mindful that other County o ces are conducting business in the building unrelated to this
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case. Media and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to
the o ces, personnel, and patrons of those o ces. The Media are free to use the public areas outside the Courthouse
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as long as they do not obstruct tra c in the streets and sidewalks surrounding the Courthouse. Public seating in the
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Carroll Circuit Court is limited. The Sheri of Carroll County or his designee will ensure that the victim representatives
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are seated and that the defendant's family is seated. The rst row of public seating behind the bar separating the well
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of the courtroom from the public is unavailable for seating. The remaining seating is available until full. No one, other
than Court Security and law enforcement, will be permitted to stand in the Courtroom. No food or beverages are
permitted inside Carroll Circuit Court. Water will be permitted for the parties in the well of the Courtroom. All
members of the public and the media are required to follow directives of the Sheri of Carroll County, Courthouse
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Security, and Courtroom Security. NO court-produced recording will be made available to the public or media. The
audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposes other than
perpetuating the record. At the conclusion of the scheduled hearing, all members of the public and media will remain
seated in the courtroom until Court Security releases them. The Court anticipates that all members of the public and
the media will conduct themselves in an appropriate fashion. Any violation of this Order and any conduct the Court
nds disruptive of the proceedings may result in an order of temporary or permanent exclusion from the Courtroom
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and/or Courthouse and is punishable as contempt of Court.

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Court notes lings by former Attorney Rozzi on October 25 and 26, 2023, and takes no action. Attorney Rozzi withdrew
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from this matter on October 19, 2023, and is no longer counsel of record. These lings, therefore, are ordered stricken
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from the record. Clerk of the Court ordered to remove the pleadings from the electronic case le and the
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Chronological Case Summary as being led in error.
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10/27/2023 Motion to Reconsider
Motion to Reconsider


Praecipe

10/31/2023 Hearing
Session:
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01/08/2024 Jury Trial
Session:
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This is not the of icial court record. Of icial records of court proceedings may only be obtained directly from
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the court maintaining a particular record.

EXHIBIT B

State of Indiana v.Richard M. Allen 08C01-2210- Bradley Sarah 04/05/2023 10:39
▼ 24546878 $0
MR-000001 Rozzi Luxenberg AM
Delivery by Doxpop Info
Emergency Motion to Modify Safekeeping

Filing Description:
Order
Filing Type: M - Motion Filed
Filing Status: accepted
Document Name Document Type

1.pdf Lead (Public document)
⤷ 1 -A.pdf Attachment (Public document)
⤷ 1 - B.pdf Attachment (Public document)
E-Service Info Cancel Filing
Filing Description: Proposed Supplemental Order on Safekeeping

Filing Type: ADMPROP - Proposed Order Filed
Filing Status: accepted
Document Name Document Type

1 ORDER.pdf Lead (Public document)
E-Service Info Cancel Filing

EXHIBIT C

Filed: 6/8/2023 4:47 PM
Carroll Circuit Court
Carroll County, Indiana
STATE OF INDIANA ) IN THE CIRCUIT COURT

) SS:
CARROLL COUNTY ) OF CARROLL COUNTY
STATE OF INDIANA )
V. ) CAUSE NO. 08C01-2210-MR-1

)
RICHARD ALLEN
YERIFIED REQUEST F1 2R A! :1 §E§S TQ

COURT RECORDS EXCLUDED FROM PUBLIC ACCESS
Comes now Intervenor MYSTERY SHEET LLC doing business as MURDER SHEET, by
counsel Kevin Greenlee, and respectfully requests access to court records excluded from public access
pursuant to Ind. Access to Court Records Rule 9(B). In support of this Request, Intervenor provides the
following:
l. On April 28, 2023, a letter was filed with the Court. As of the dating of this filing, this letter
remains confidential.
2. Thereafter, on May 17, 2023, the Defendant filed its Verified Motion for Temporary Restraining
Order and Preliminary Injunction. From the Chronological Case Summary, it appears this Motion
was filed without an Access to Court Records (ACR) Form identifying the specific grounds for
exclusion. See A.C.R. 5(B). Nevertheless, this Motion remains confidential.
3. Afterward, on May 19, 2023, the State filed its Notice of Discovery with the Defendant filing its
Motion to Suppress and Motion to Convert Let Bail Hearing into Suppression Hearing. From the
Chronological Case Summary, it appears these documents were filed without an Access to Court
Records (ACR) Form identifying the specific grounds for exclusion. See A.C.R. 5(B). However,
these documents also remain confidential.
4. Intervenor seeks access to the letter filed on April 28, 2023; the Verified Motion for Temporary
Restraining Order and Preliminary Injunction; Notice of Discovery; Motion to Suppression; and,
Motion to Convert Let Bail Hearing into Suppression Hearing as the records should not be
excluded for Public Access under A.C.R. 5(A), (B), (C), (D), or (E). See A.C.R. 9(B)(l)(e).

a. From the Chronological Case Summary, it appears A.C.R. 5(A), (C), (D) and (E) are
inapplicable. Likewise, A.C.R. 5(B) is inapplicable as an ACR Forrn was not filed with
the records Intervenor requests access to.
b. Additionally, these records were not subjected to exclusion pursuant to A.C.R. 6.
Similarly, these records were not subjected to seal pursuant to Ind. Code § 5-14-3-5.5.
c. Moreover, pursuant to A.C.R. 9(B)(1), this request is verified and reduced to writing.
d. Finally, the objective of these rules is to "provide maximum public accessibility to [c]ou1t
[r]ecords[.]" A.C.R. 1, Commentary. In fact, the rules start "from the presumption of
open Public Access to Court Records." Id.
WHEREFORE, Intervenor respectfully requests access to court records excluded from public
access pursuant to Ind. Access to Court Records Rule 9(B)
Respectfully submitted,
/s/Kevin Greenlee
Kevin Greenlee 22983-03
9783 E 116th Street #141
Fishers, IN 46037
kevingreenlee@gmail.com
VERIFICATION
I affirm, under the penalties for perjury, the foregoing information is true and correct to
the best of my knowledge.
Kevin Greenlee
/s/
9783 E 116th Street #141
Fishers, IN 46037
kevingreenlee@gmail.com
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has been served on the State of Indiana, by
eSerVice, on the date of filing.
/s/Kevin Greenlee
/s/KeVin

EXHIBIT D

STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT
)
COUNTY OF CARROLL ) CASE NO: 08C01-2210-MR000001
STATE OF INDIANA
V.
RICHARD M. ALLEN
ORDER OR JUDGMENT OF THE COURT

The Court has reviewed the electronic file recently and discovered many pleadings and filings have been
marked as sealed and confidential, and, therefore, unavailable to the public The Court has consulted with
Counsel for the State of Indiana and the Defense and discovered the pleadings have been deemed confidential to
comply with the Court Order dated December 2, 2022 which prohibits public comment, commonly referred to
as the "Gag Order".
Counsel agree with the Court that the public interest is best served by transparency, but that certain
pleadings should remain sealed. Counsel agree that the original, unredacted Affidavit for Probable Cause shall
remain sealed as it lists names of j uvenile witnesses; that the Transport' Orders previously entered (and future
Orders) shall remain sealed for security purposes; and that the Defense Ex Parte Motions and related Orders
shall remain sealed pursuant to long established case law. All other pleadings filed prior to the date of this
Order shall be unsealed and available to the public, except for the pleadings explicitly mentioned in this
paragraph. Future pleadings and filings that are to be confidential shall comply with Court rules.
Further, the Court has consulted with the Clerk of the Carroll Circuit Court about the impact of this
Order on her office and staff, and the public interest in the pleadings which are being made available. As
hundreds of pages of documents are being unsealed, this may create obstacles to the Clerk and the public. To
ease the burden on the Clerk of the Court, and to ensure accessibility, the Court will make copies of the now
public pleadings available at allensuperiorcourt.us/Delphi. John McGauley, Allen Superior Couit, Court
Executive has created this page on the Court's website to make these pleadings easily accessible to the public,
the media, and the parties. This link should be active within ho rs of the issuance of thi rder
Ordered on this the 28th day of June, 2023.
WFranceS C. Gull, Special Judge

Notice to be given by: X Court _

Clerk Other
PROOF 0F NOTICE UNDER TRIAL RULE 72(D)
A copy of the entry was served either by mail to the address of record, deposited in the attomey's distribution box, or personally distributed to the
following persons:
cc: Bradley Rozzi Attorney for Defendant

Andrew Baldwin Attorney for Defendant

Prosecuting Attorney Nicholas McLeland

indiana Department of Correction
Court File
DATE OF NOTICE: June 28, 2023

Initials of person who notified parties: Court Clerk Other

EXHIBIT E

I
STATE OF INDIANA ) 1N THE CARROLL CIRCUIT COURT

)SS:
COUNTY OF CARROLL) CAUSE NO. 08C01-22lOMR1
STATE OF INDIANA, )
Plaintiff} )
)
VS. ) ORDER OR JUDGMENT OF THE COURT
)
RICHARD M. ALLEN, )
Defendant. )
On the Court's motion, in response to defendant's undated "Press Release", the Court issues an
order granting the State's Motion for Order Prohibiting the Parties, Counsel, Law Enforcement
or
Officials, Court Personnel, Coroner, and Family Members from Disseminating Information
in whole, pending
Releasing Any Extra-Judicial Statements by Means of Public Communication
a.m. in the Carroll
hearing which the Court has just recently scheduled for January 13, 2023, at. 10:00
Circuit Court.
Counsel for the State of Indiana and the Defendant, as well as their professional staff and other
Law Enforcement Officials, Court Personnel, Coroner, and all family members are
personnel,
to the media, directly or indirectly, by

prohibited from commenting on this case to the public and
themselves or through any intermediary, in any fonn, including any social media platforms.
Counsel are reminded that they are required to conform to the Indiana Rules of Court, Rules of
Professional Conduct, specifically Rule 3.6 Trial Publicity in its entirety, and Rule 3.8 Special
Responsibilities of a Prosecutor in its entirety.

Violations of this Order are punishable as Contempt of Court and subject the violator to a fine
and/or incarceration.
f
I
Dated: December 2, 2022
Fr ces C. Gull, Specgl Judge \
C 011 Circuit Court
011 County, Indiana
NOTICE TO BE GIVEN BY: XX COURT__ CLERK OTHER
PROOF OF NOTICE UNDER TRIAL RULE 72(D)

A copy of this entry was served either by mail to the address of record, deposited in the attomey's distribution box, or personally distributed to the
following persons:
ee: Bradley Roni Attomey for Defendant
-
Andrew Baldwin Attorney for Defendant

Prosecuting Attomey Nicholas McLeland

Sheriff of Carroll County
Indiana State Police
Carroll County Coroner
Court File
DATED:
INITIAL 0F PERSON WHO NOTIFIED-PARTIES: COURT CLERK

EXHIBIT F

Contents of Zip Drive found at to https://allensuperiorcourt.us/ Delphi/
Name
1
-
Eupd'f 6-23-2923 13.34.25 241659323 F65629EE-DFF243C3- 3931- DH15413E335.pdf
fl 1
-A.pr:l'F 6-23-2923 13.34.25 241659313 3569F3l33-93A5-429A-961EC363A532A293.pdf
fl 1
a.pd'F 6-23-2923 13.34.25 245933951 EC3CCA69-64CA-449E-33'2F B9E9ADD3FF4.pdf
fl 1
a.pd'F 6-23-2923 13.34.25 243321329 31439931-3E64-4351-93F4-33C62313D5FE.pdf
fl 1
a.pd'F 6-23-2923 13.34.25 243932119 215493F2-3ADC-4345-3333-4394A9924C19.pdf
a 1
lo.p|:l'F 6-23-2923 13.34.25 2431321 59 3'331DABC-4DS3-4D2A-3456-E955333D3F56.pdf
fl 1
Notice.p|:l'f 6-23-2923 13.34.25 245935193 3A339339-3121-4A22-95A9-2265235344CD.pdf
fl 1 ORDER MENTAL HEALTH RECDRDSpd'F 6-23-2923 13.34.25 243493662 96A63322-9129-4941-9355-6CAD513AACFD.p
fl 1
DRDER.pd'F 6-23-2923 13.34.25 241659333 CC3A2999-1D93-4359-93FA-25A939A33AA6.pdf
fl 1
Clrder.pel'F 6-23-2923 13.34.25 245539394 D943AAE2-26A3-45CHJ-9A32-4363C69313A5.pdf
fl 1
Clrder.pd'F 6-23-2923 13.34.25 2435331115 A6ESD162-5249-413A-l36D2-33639F2493FF.pdf
fl 1.pd'F 6-23-2923 13.34.25 241659344 3FE3A333- E5W-4E33-AF31-22366EEAE634.pd'f
fl 1.pd'F 6-23-2923 13.34.25 245539329 919EC935-35A9-423C-3459- 3939239431 EA.pd'f
a 1.p|:l'F 6-23-2923 13.34.25 243536936 [163595C9-3'3F2-43W-HJA1-69CE22A3C9|J2.pdIf
fl 1.p|:l'F 6-23-2923 13.34.25 249932134 E623ED3A-6D3C-453A-A3BD-6CHJD95A14694. pd'F
E Allen 1.p|:l'F 6-23-2923 13.34.25 244331991 A39C16E3-A251-42FC-AA36-9694[}F43C391.pdf
E Allen 2.p|:l'F 6-23-2923 13.34.25 244332lIl3 F6BD31C6C333-4333-33C9-94533CD31343.pdf
E Allen 3.p|:l'F 6-23-2923 13.34.25 244332923 1E3954IJF-D343-491D-3353-3FF3139AC549.pdf
E Allen 4.p|:l'F 6-23-2923 13.34.25 244332959 3AF49FCF2AEHJ-46F5-'IIA3-69351DSCCl363.pd'f
fl Allen Motion PCl Discoverypd'F 6-23-2923 13.34.25 236613295 33356F92-EA53-4E23-AE3C-319529C391F6.p::|f
E Allen Motion.pol'F 6-23-2923 13.34.25 244332121 AF3A612D-F3CC-49E9-3A63-A644EE41CA43.pdf
fl Allen Clrd er.p::l'F 6-23-2923 13.34.25 236999332 34C243E4-E332-4393-3994-91D29AC1FCF9.pdf
E Allen Clrd er. pd'F 6-23-2923 13.34.25 244332125 AE4D4E23- FA36-4395- 31F5A561EFF53616.pdIf
E Allen prohibit 1.pr.:l'F 6-23-2923 13.34.25 244331943 3529A14E-A943-433E-A3C3- 32E4236325C9.pdf
E Allen Prohibit 2.pr.:l'F 6-23-2923 13.34.25 244332993 3535925E 559F-4353- 3393-3A3C26343443.pd'f
E Allen Propoied Clrd er.p|:l'f 6-23-2923 13.34.25 236613239 63933E6D-233C-4Fl33-9-3A3-3549C693A39A.pdf
E Allen State's Raporfie to Petition.pr.:l'F 6-23-2923 13.34.25 235419921 D45F363C-[HJ2A-441A-9434-36629EEED423.pelf
E Allen State's Rfiponsepd'l' 6-23-2923 13.34.25 236616913 F32623A3-23FD-4232-A3A6-4313626E6CA3.pdf
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fl Allen.pd'F 6-23-2923 13.34.25 23695HI316

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EXHIBIT G

'
MHRG Motion for Hearing Fuled Mofion for Franks Hearing
M -
Motion Filed Verified Motion for Immediate Transfer of Custody v
Filing Details
Filing Type Filing Code
EFileAndServe MHRG Motion for Heating Filed
-
Filing Description
Motion for Franks Hearing
Filing on Behalf of
Richard M. Allen
Filing Status Accepted Date

Accepted 9/18/2023 8:01 AM EST
Stamped Documents
This is a collection of the court copies for this filing Download
Lead Document
File Name Description Security Download
Franks Motion.pdf 106.19k8 Franks Motion.pdf Public document Original File
Court Copy
Attachments
Memorandum in Support of Motion.pdf 1.21 Memorandum in Support of Public document OriginaI FiIe
MB Motion.pdf Court Copy

Exhibits |ist.pdf 9243 kB Exhibits |ist.pdf Public document original File
Court Copy

EXHIBIT H

STATE OF INDIANA ) IN THE CARROLL COUNTY CIRCUIT COURT 1
)SS:
COUNTY OF CARROLL ) CAUSE NO. 08C01-2210-MR-0001
STATE OF INDIANA )
)
v. )
)
RICHARD ALLEN )
MEMORANDUM IN SUPPORT OF THE ACCUSED’S

MOTION FOR FRANKS HEARING
Comes now the accused, Richard Allen, by and through counsel, Andrew J. Baldwin and
Bradley A. Rozzi and files his memorandum in support of his request for a Franks hearing.
Introduction 1
Because the facts in this memorandum are dense for anyone not yet completely familiar with
this case, the Defense is providing this introductory section, similar to the syllabus that often
precedes a long and complex U.S. Supreme Court opinion. The purpose of this introductory
section is to provide the Court a general understanding of what to expect concerning the facts
upon which the Defense will be relying – and how those facts impact the legal arguments –
before providing the necessary detail, minutia and notation to the record that could bog down
the Court as it attempts to unpack the Defense arguments. The Defense, therefore, will provide
little attribution as to the source of the evidence in this introductory section, but will then
provide proper attribution to the sources of the evidence throughout the body of the
memorandum following the introduction.
1 For the Court’s convenience, the Defense has provided a Glossary of Names, marked as Exhibit 125. This glossary
provides an alphabetized list of almost every name mentioned in the memorandum along with a brief description of
their involvement.

Table of Contents
Introduction ....................................................................................................................................1
Table of Contents .........................................................................................................................2
Eight Things to Know ..................................................................................................................4
Odinism, Odinites, and Runes ..................................................................................................10
Failure to Pursue the Odinites Links .........................................................................................11
Odinites in Westville Correctional Facility “guarding” Richard Allen ....................................19
Liggett concealed certain witness testimony and falsified other witness testimony in order to
prevent Liggett’s bogus timeline from being exposed to Judge Diener .......................................23
Evidence Supporting These Facts Were Needles in a Giant Haystack of Discovery ...............25
Five Part Breakdown of Memorandum......................................................................................26
PART I – The Crime Scene .........................................................................................................28
PART II – The Evidence that Connects the Odinist to the Murders ......................................46
What is Odinism? .......................................................................................................................46
The 12-page Odin Report...........................................................................................................53
Brad Holder’s Connections ........................................................................................................55
Holder’s Alibi was not even Close to Fully Vetted ...................................................................74
Nothing to See Here. Holder had an alibi. Please Look at the Next Suspect. ...........................84
Elvis Field’s Connection to the Crime Scene ............................................................................91
The Rod Abrams Problem .........................................................................................................95
The Phone Problem ....................................................................................................................96
Patrick Westfall’s Connection to the Crime Scene ....................................................................99
Johnny Messer’s Connection to the Crime and Crime Scene ..................................................102
Rod Abrams’ Connection to the Crime Scene .........................................................................103
Conclusion of Part II ................................................................................................................104

PART III – Liggett Concealed and Falsified Evidence in his Search Warrant Affidavit ...105
Conclusion of Part III...............................................................................................................117
PART IV – Odinites in Westville..............................................................................................119

Sgt. Robinson ...........................................................................................................................124
Sgt. Jones .................................................................................................................................127
Conclusion of Part IV ..............................................................................................................127
PART V – Richard Allen has No Ties to Odinism or any Religious Cult and has No Ties to
the Crime Scene..........................................................................................................................129
Conclusion of Part V ................................................................................................................134
Conclusion of Memorandum ....................................................................................................135

Eight Things to Know
Overwhelming evidence in this case supports the following:
(1) Members of a pagan Norse religion, called Odinism, hijacked by white nationalists,
ritualistically sacrificed Abigail Williams and Liberty German;
(2) Very early on, those in charge of the Delphi murder investigation claim that they
consulted with a Purdue professor concerning what resembled possible Odinism signatures left
behind at the crime scene. After the Purdue professor proclaimed (according to State Trooper Jerry
Holeman) that “it was not Odinism or any type of cult worshipping or any type of group that would
have conducted the crime” the Odinism angle was essentially abandoned. However, as of
September 7, 2023, the leaders of the Delphi investigation team: (1) claim that they can’t identify
who this purported professor was; (2) have provided no reports from this purported professor and
(3) have further indicated they may never be able to figure out who this professor is. Based in large
part upon this mystery Purdue professor’s opinion, the Delphi investigative leadership claimed
that it essentially abandoned considering Odinite involvement in the murders. And then the years
passed: 2018…….2019…….2020…….2021…….2022. Thankfully, during those passing years,
law enforcement officers Kevin Murphy, Greg Ferency and Todd Click continued to pursue the
truth. Because of their curiosity and investigative efforts, the evidence establishing the names of
the likely murdering members of this Odinite cult became known to the Delphi investigative
leadership no later than February 2018. Due to either incompetence or a concerted intentionality,
those in charge of the investigation refused to arrest or even properly investigate these obvious
suspects.

(3) On May 1, 2023, the State of Indiana, by way of Prosecutor Nick McCleland, received
a letter from former Rushville Assistant Police Chief Todd Click, now retired. 2 As stated in the
previous paragraph: Click, Murphy and Ferency were three of the law enforcement officers who
worked on the Delphi murder case, particularly focused on the Odinite angle as it intersected with
suspects in Rushville Indiana. After reading Richard Allen’s probable cause affidavit, Click
became concerned that the information contained in Richard Allen’s affidavit pointing the finger
at Richard Allen was far less compelling than the totality of the information that Detective Ferency,
Detective Murphy and Officer Click had accumulated during the Rushville portion of the
investigation. The information that Murphy, Ferency and Click had gathered during their
investigation connected men who practiced Odinism in or near Delphi with another group of men
who lived in Rushville and then connected both groups of men to the murders. 3 Click was
concerned that for some reason the leadership of the investigative team had failed to share with
Prosecutor McCleland the evidence gathered by Click, Ferency and Murphy. Click’s concerns led
him to seek out a lawyer to assist him in the drafting of a letter. This letter was then sent to
McCleland. 4
This letter was not provided to the Defense until after it was obvious from the last round
of depositions that the Defense (who had doggedly pursued witnesses as far away as Georgia)
would certainly be talking with Todd Click. McCleland had this letter in his possession for over 4
months before turning it over to the Defense. There can be no mistaking that this letter is
exculpatory in nature and could have been used by the Defense as it prepared for upcoming
depositions. However, it is apparent that McCleland only offered up the letter after it was obvious
2
Find attached Certified Mail receipt showing that the Carroll County Prosecutor’s office received the letter on May
1, 2023, marked as Exhibit 1.
3
Find attached the Affidavit of Todd Click marked as Exhibit 2.
4
A copy of that letter is attached hereto and marked as Exhibit 3.

that the Defense team would soon be learning of the letter’s existence. In other words, the Defense
team would obviously be meeting with, or deposing Click, in the next few weeks. At that time,
Click most certainly would then reveal to the Defense that in April 2023, he (Click) had sent a
letter containing exculpatory information to McCleland. At this point McLeland had two distinct
choices: 1) sit on the exculpatory evidence hoping that the Defense team would refocus its efforts
on another angle of the investigation, or 2) disclose the exculpatory evidence claiming that the
contents of the letter were overlooked in the volume of discovery. He chose the latter.
Unfortunately for the State, neither approach explains away the fact that Click specifically directed
the letter to McLeland himself and further, Click was so determined to ensure his information was
consumed by McLeland, that he directed the information directly to McLeland, via certified mail.
The letter is stamped “Received May 1, 2023, Carroll County Prosecutor.” Click’s report landed
at ground zero; a prosecutor’s office with no more than two full-time prosecutors and a handful of
full-time staff members, at best. Could this exculpatory evidence have been completely
overlooked? Not plausible.
Not only did the prosecution withhold that letter from the Defense, but law enforcement
also withheld several other exculpatory pieces of evidence, including an 85-page compilation of
reports by Click prepared in 2019 and several videos containing statements that support the
Defense theory of Richard Allen’s innocence. This 85-page report detailed the investigative work
performed by Click, Ferency, Murphy, and others, including the FBI.
According to the summary of Click’s investigation that he attached with his letter, “the
Behavioral Analysis Unit (BAU) of the FBI determined that the individual(s) responsible for the

homicides were involved in Nordic beliefs.” 5 This was news to the Defense as no member of the
Unified Command in charge of the investigation revealed this information to the Defense during
recent depositions. This includes Trooper Holeman who told the Defense that he didn’t remember
if the FBI’s BAU unit determined one way or the other whether those with Nordic beliefs had been
involved in the murders. 6
At least up until the time of this filing, the prosecution has provided no evidence
whatsoever of the findings of the FBI’s BAU unit concerning involvement of Odinists in the
murders. None. The letter that Click sent to McCleland was the first that the Defense has heard
that the FBI actually believed that Odinists were likely involved. In other words, this report
contained exculpatory evidence that Unified Command concealed from the Defense. This
information was – and is— crucial for Richard Allen’s Defense. Some of this exculpatory evidence
in the form of videos was finally released to the Defense on September 8, 2023, over 9 months
after Defense counsel entered their appearance. The Defense is still reviewing this September 8th
evidence dump. In the brief time the Defense has had to review this newly received evidence, it
has found exculpatory evidence both in the videos the Defense has watched and the documents
that the Defense has reviewed. While the prosecution has been holding on to this exculpatory
evidence, Richard Allen has been living in hell.
Lastly, the evidence will show that the week of August 28, 2023, Prosecutor McCleland
and State Trooper Jerry Holeman requested a meeting with Todd Click. By this time, the Defense
team had taken several depositions (including Holeman, Liggett and Leazenby) and the
prosecution and Delphi investigative leadership now knew that for a while, the Defense team had
5
Find attached the summary that Click attached with his letter, marked as Exhibit 4. Odinists have Nordic beliefs.
6
The Defense will be providing all depositions identified throughout this document separately from the exhibits and
will identify the depositions with letters for purposes of the record.

been aware of the Odinist evidence, at least the evidence that the prosecution turned over to the
Defense scattered throughout multiple hard drives and many flash drives. The prosecution had
learned in early August that the Defense had figured out the strong Odinist ties to the crimes,
despite the apparent attempts of the prosecution, Liggett and Holeman to hide this exculpatory
information from the Defense.
Wanting to allay his fears that an innocent man was sitting in Westville, Click agreed to
attend the meeting with Holeman hoping that he would be learning that evidence did in fact exist
linking Richard Allen to the murders. Click’s hopes were dashed. Paragraph 17 of Click’s
affidavit:
Upon directing the letter to Mr. McCleland, I heard nothing from the
Prosecutor’s office or any other members of unified command until I received
phone calls on August 23rd and August 25th, 2023, which involved brief discussions
regarding scheduling. During these phone calls, it was requested that I meet with
Trooper Holeman during the week of September 4, 2023. I was informed that law
enforcement officials intended to sit down with me and discuss with me the reason
why Richard Allen was responsible for these crimes. I was told that he (Jerry
Holeman) wanted to put my mind at ease. However, during the meeting with
Detective Holeman and a second detective whose name I am unfamiliar with, there
was no discussion or offerings as to why they believed Richard Allen was guilty of
the charged crimes. I believe the interview was an attempt by them to clean up
their loose ends knowing that they had given very little, if any, attention to the
investigative efforts of myself, Detective Ferency, and Detective Murphy.
(Emphasis added)
(4) Not only did Carroll County Sheriff Tony Liggett fail to include all this Odinite
information in his October 13, 2022 “Affidavit for Search Warrant”, and not only did McCleland
and the Unified Command withhold exculpatory evidence, Liggett also concealed damaging
witness statements that devastate Liggett’s timeline – a timeline Liggett needed to be true in order
to place Richard Allen at the trail when Abby and Libby were abducted. Additionally, Liggett lied
in his affidavit about the statements of another key witness, further devastating Liggett’s timeline;
8

(5) Richard Allen has zero connections to any pagan cult or pagan cultists, and furthermore
no forensic evidence (such as DNA) or electronic evidence links Richard Allen to the girls or to
the crime scene – i.e., he is a completely innocent man;
(6) Most of the evidence backing these assertions was found scattered over no less than 10
hard drives and several flash drives provided by the prosecution, meaning that the Defense is not
making wild accusations, but rather primarily relaying facts and information that is backed up by
the prosecutor’s own discovery, even discovery that the prosecution just provided to the Defense
as late as September 8, 2023.
(7) Not coincidentally, members (Odinists) of this same pagan cult are employed as
corrections officers for the Indiana Department of Corrections at Westville Correctional Facility.
It is inside of the cold, concrete walls of the maximum-security unit of this dilapidated
“reformatory” that Richard Allen is being threatened, intimidated, and mentally abused 7.
(8) Throughout this document references are made to the “Unified Command.”
Essentially, the Unified Command was “the leadership” of the Delphi murder investigation,
according to Tony Liggett (Carroll County sheriff and member of Unified Command when the
investigation began). Unified Command consisted of law enforcement from a variety of entities,
local, state and federal. Unified Command were overseers of the entire investigative operation.
According to Liggett, the members of the Unified Command are/were:
From Carroll County – Tony Liggett and Kevin Hammond
From State Police – Jerry Holeman, Jay Harper, and Dave Vido
7
Defense counsel is not saying that the Westville guards were involved in the murders, only that they were likely
involved in threatening, intimidating and mentally abusing Richard Allen.

From the FBI 8` – Rich Daviess
Odinism, Odinites and Runes.
Odinism is the pagan religion referenced above, and its followers are called Odinites.
Odinists are enamored of Viking/Nordic culture. Evidence supports that at the crime scene, these
murdering Odinites left behind obvious signatures, symbols in the form of runes. 9 These runes
were (1) formed with sticks, (2) fashioned with tree branches and (3) painted using the blood of
Liberty German.
Sticks and tree branches were deliberately, carefully and proficiently placed on each girl
in a certain arrangement mimicking certain runes. At least one of the branches appeared to have
its end cut off cleanly by some type of tool like an electric saw, providing proof of a preconceived
plan. Additionally, the blood of Liberty German was used as the paint to mark a tree with a rune
that looks similar to the letter “F”. 10 With a simple google search, these runes would be identifiable
as one of the many calling cards of this pagan religious cult. Yet, law enforcement in charge of the
Delphi investigation seemingly, and quickly, abandoned the obvious correlation between the crime
scene and Odinism, despite an obscene amount of evidence linking Odinism to the crime scene,
8
Although, State Police Superintendent Doug Carter pulled the plug and kicked the FBI off the Delphi murder case
around 2021 over some conflicts, according to Jerry Holeman. (Holeman depo. pages 123-130). Interestingly, Tony
Liggett (who was deposed before Holeman) claimed under oath that Doug Carter was not involved in making
decisions for the case (Liggett depo p. 30, lines 10-24). Furthermore, he (Liggett) claimed to be unaware that the
FBI was even kicked out, let alone that any agency had actually kicked out the FBI from investigating the Delphi
case. (Liggett depo p. 64, lines, 14-25). It is quite odd that the salient topic of Doug Carter kicking the FBI off of the
Delphi case would never have been discussed between Liggett and Holeman who were working so closely with one
another in Unified Command. If that can be believed, it would be quite perplexing.
9
Merriam-Webster defines a rune as “any of the characters of any of several alphabets used by the Germanic
peoples from about the 3rd to the 13th centuries.”
10
Many runes look like the letter “F”, including a rune called “Ansuz”, which (among other things) stands for
“Odin.”
10

and even in spite of powerful evidence linking specific Odinites in and around Indiana to the
murders.
Also, the Court will learn in his Affidavit for Search Warrant that Sheriff Liggett failed to
inform Judge Diener that nothing, absolutely nothing, links Richard Allen to Odinism or any
religious cult 11; Also, no forensics (such as DNA), no electronic data extracted from his computers
or phones or from his social media links Richard Allen to the crime scene. Additionally, nothing
links Richard Allen to any of the Odinite suspects: the same Odinite suspects that evidence strongly
supports sacrificed Abby and Libby in some sort of pagan ritual. Richard Allen had nothing to do
with this crime, but rather is an innocent man; a patsy for the police, arrested 26 days before an
election.
Failure to pursue the Odinist links.
Law enforcement’s failure to actively pursue the obvious links between the crime scene
and Odinism is confounding. It is even more confounding when days and weeks after the murders,
a particular Odinite from Logansport named Brad Holder posted on social media images
mimicking the very runes found at the crime scene – a crime scene unreleased and unknown to the
general public even to this day. Who was Brad Holder? He was an Odinite whose son, Logan, had
been “dating” Abby. Brad Holder’s social media posts seemingly taunted the very police that
refused to fully investigate him. The Defense believes that the Court will be shocked at the number
of clues or “easter eggs”, both before and after the murders, that Holder openly posted on his
Facebook page that pointed the finger to his involvement in the murders.
11
Liggett depo. p. 80, lines 14-23
11

However, a fact that is simply mind blowing to the Defense is that Brad Holder was never
considered a suspect in the murders of Abby and Libby. State Trooper Jerry Holeman, one of the
law enforcement officers in charge of organizing and investigating the Delphi murders, claimed in
his August 10, 2023 deposition that Brad Holder was not really ever a suspect. 12 Police reports
written near the time of the murders reveal that Jerry Holeman is telling the truth: Brad Holder was
cleared as a suspect quickly – on March 16, 2017.
On March 1, 2017, Tony Liggett stated in a report that there were no leads required
concerning Brad Holder, meaning that it was not necessary for law enforcement to continue to
look for leads related to Brad Holder. Liggett made that determination a mere 15 days after the
girls were murdered. By March 16, 2023, Unified Command member Kevin Hammond wrote that
“Brad Holder has been cleared.” The girls hadn’t been dead for 30 days and Unified Command
had already cleared Brad Holder as a suspect. Unified Command had already cleared Holder as a
suspect within 30 days knowing that Brad Holder’s son dated Abby. Unified Command had
already cleared Holder as a suspect within 30 days of the murders although a simple review of
Brad Holder’s Facebook page would show that he (Brad Holder) was a proud Odinite that had an
absolute obsession and fascination with runes. Police knew – or had to know – that runes had been
left at the crime scene. Additionally, Unified Command had already cleared Holder as a suspect in
spite of the fact that runes found on Brad Holder’s Facebook pages mimicked runes found at a
crime scene that had not been released to the public. The investigation had barely begun, but the
Unified Command had already cleared the very man that any person with even a small amount of
12
Holeman depo, p. 172, lines 4-5.
12

common sense or curiosity would believe was a strong candidate for being involved in the murder
of the girls.
For example, the Court will also learn that the Unified Command was aware of a very
disturbing image on Brad Holder’s social media accounts that actually mimicked the crime scene.
On April 12, 2017, Trooper Joseph Ryan Winters received a phone call from a man in Georgia
named Ryan Boucher who had discovered disturbing images in Brad Holder’s social media
account. Having somehow learned that Brad Holder’s son (Logan) had dated Abby Williams, Mr.
Boucher began reviewing Brad Holder’s social media history. One of the images Boucher viewed
on Brad Holder’s social media account was an image of two women either dead, or posed as if
they were dead, on the ground in what appeared to be a forest. Both women had tree limbs and
sticks arranged on their bodies. One of the women had her arm stretched out above her head,
similar to the way that Libby’s arm was stretched above her head. Both women were clothed and
the stick and tree branch formations on these girls was different than the stick and tree branch
formations on Abby and Libby, but otherwise, it bore a very eerie similarity to the murder scene
in Delphi.
Ryan Boucher had no knowledge of the actual crime scene. However, after reviewing Brad
Holder’s social media sites, Boucher was disturbed at that image, as well as other images that
provided insight into Brad Holder’s fascination with runes. Believing that the disturbing images
may be something of interest to those investigating the Delphi murders, Mr. Boucher contacted
Tobe Leazenby, who at the time was the Sheriff of Carroll County. Leazenby quickly rebuffed
Boucher, telling Boucher that Holder was not a suspect. Undeterred, Mr. Boucher contacted the
State police where he ended up talking to trooper Joseph Ryan Winters. After their conversation,
Winters memorialized the interaction and placed the images provided by Boucher into a drop box
13

account. After creating the report, Winters then discussed his findings, face-to-face, with Jerry
Holeman of Unified Command. The body of this memorandum will provide details of that
interaction. In his report, Winters requested law enforcement to re-interview Brad Holder. The
Defense does not believe Unified Command ever followed up on Winter’s request.
It should be noted that the disturbing images found by Boucher in Georgia and placed in a
drop box by Winters were not – and have still not – been provided to the Defense. In his recent
deposition, Winters said that he had attempted to locate the images but was unable. However,
because of the potential importance of those images to Richard Allen’s case, the Defense team
located Boucher and then traveled to Georgia to meet with Boucher. Those images are now in the
possession of Richard’s Defense team who then provided those images to law enforcement. Again,
these were important images that law enforcement failed to turn over to the Defense. Instead, the
Defense located these images in Georgia and then turned them over to the very people who had
the obligation to provide them to the Defense.
Unified Command, which included Tony Liggett who drafted the Affidavit for Search
Warrant, was fully aware of the mimicked crime scene on Brad Holder’s social media, as well as
other posts that mimicked the exact runes found at the crime scene, but failed to do anything about
it, and failed to inform Judge Diener of this obvious suspect (Brad Holder) and all of the evidence
that existed against Holder, making him a prime suspect.
The Court will learn in the body of this memorandum that Holder was connected to the
crimes, the crime scene and to other men who had confessed to the crime. The evidence of those
connections will be provided in the body of the memorandum, including copies of the images
found on Holder’s Facebook page at the time of the investigation which link Holder to the crime
scene as well as the images found by Ryan Boucher that law enforcement has failed to turn over
14

to the Defense. The Defense will also attach what the Defense calls “the Winter’s report” which is
the memorialization of Trooper Winter’s interaction with Ryan Boucher. Liggett provided none of
this evidence or information to Judge Diener, but rather allowed Judge Diener to believe that
Richard Allen was a lone suspect in the murders in spite of zero evidence linking Richard Allen to
the crimes at the time Liggett sought the search warrant twenty-six days before an election.
Unified Command’s failure to vigorously pursue the obvious links between the crime scene
and Odinism is even more perplexing when evidence known to law enforcement demonstrated a
clear nexus between Brad Holder and at least four other suspects: Elvis Fields from Rushville,
Patrick Westfall from Delphi, Johnny Messer from Rushville, and Rod Abrams from Rushville
(now living in Connersville).
Unified Command was aware that Elvis Fields confessed to his sister that he (Elvis) was
involved in the murders, even providing to his sister intimate crime scene details of which only
those present at the crime scene would have familiarity. Additionally, Elvis Fields told his sister
Mary, on February 14, 2017, that he was present at the killings and that he (Elvis) now had “a
brother” and was now part of “a gang.” In February 2018, Elvis had been questioned by law
enforcement but denied involvement in the murders. However, after being dropped off at his trailer
following the questioning, Elvis turned around, walked back to the police car and (according to
the police report) asked the state trooper if his (Elvis’s) spit is found on one of the girls, but he
could explain it away, would he still be in trouble. The state trooper that heard Elvis utter these
words (Kevin Murphy) was not part of Unified command but immediately relayed Elvis’s
disturbing question to Jay Harper of Unified Command. Elvis also admitted to a different sister
(Joyce) that he had in fact spit on one of the girls. Elvis told Joyce, that he (Elvis) was on a trail
and a bridge with two girls that were killed and that he was going away for a long time.
15

Elvis’s alibi for February 13, 2017, was also probably flawed. State troopers who weren’t
part of Unified Command determined that Elvis’s roommate concocted a story concerning Elvis’s
whereabouts on February 13, 2017. This roommate is named Rod Abrams. Abrams told a story
claiming on February 13, 2017, that he (Rod Abrams), Elvis Fields and a man named Ned Smith
were visiting a sick friend in Muncie. Unfortunately for Rod Abrams, this story conflicted with
the story that Elvis Fields told law enforcement as to his (Elvis’s) whereabouts on February 13,
2017. These shady alibis were relayed to Unified Command. These shady alibis will be further
explained in the body of the memorandum. Furthermore, Unified Command knew that on February
1, 2018, Elvis’s sister passed a polygraph examination when asked if she were telling the truth
about what Elvis had confessed to her.
Unified Command’s failure to vigorously pursue the obvious links between the crime scene
and Odinism is even more inexplicable when evidence known to law enforcement included
information about another Odinite named Patrick Westfall, who was living in Delphi very close to
the murder scene on February 13th, 2017.
Evidence known to Unified Command included the fact that fellow-Odinites, Patrick
Westfall and Brad Holder, were close friends as late as January 21, 2017. However, that friendship
ended very abruptly in February 2017. The schism in their friendship resulted from a fight that
occurred between Holder and Westfall in February 2017 where “he (Holder) and Westfall were in
the woods, near a river conducting a ritual. One of them said or did something the other did not
agree with and they no longer talk to each other. The river was near Patrick’s house.” An
intoxicated Brad Holder shared this disturbing information with his ex-wife, Amber Holder.
Amber Holder then relayed this disturbing information to law enforcement who were not a part of
16

Unified Command in 2019. These officers then relayed this disturbing information to Unified
Command. Liggett concealed this information from Judge Diener.
In 2019, Unified Command learned that in a totally different conversation with his ex-wife,
Brad Holder pointed the finger away from himself and directly at Patrick Westfall, as being the
person actually responsible for the murders of Abby and Libby. According to police reports, Brad
Holder told his ex-wife (Amber Holder) that “Westfall and ‘his people’ killed Abigail Williams
and Liberty German because one of their mothers was ‘mixing’ with other people outside the
mother’s race.” Furthermore, Unified Command was aware that Brad Holder had told Amber that
“I can only protect you so much if you keep asking questions.” Brad Holder further told his ex-
wife Amber that Patrick Westfall had many people backing him (Westfall) up and that Westfall
also had ‘powerful friends.’ Liggett knew of this information for more than three years before
Liggett sought a search warrant for Richard Allen’s house, yet Liggett never shared that
information with Judge Diener. Additionally, Westfall provided a very weak alibi as to his
whereabouts on February 13, 2017. Westfall told law enforcement that he (Westfall) was at home
the afternoon of Monday, February 13, 2017. The Defense is unaware of any search warrant that
Liggett sought to enter Westfall’s house or whether Unified Command instructed law enforcement
to knock on a single neighbor’s door to verify Westfall’s alibi.
Unified Command’s failure to continually pursue the obvious links between the crime
scene and Odinism is even more disturbing when evidence known to law enforcement included
information about another Odinite named Johnny Messer from Rushville. Johnny was a recruiter
for the Odinites and was also the connective tissue between the Odinites from the Delphi area
(Brad Holder/Patrick Westfall) and the suspects from the Rushville area (Elvis Fields and Rod
Abrams). Delphi is located 126 miles from Rushville. Law enforcement knew that Johnny Messer
17

was friends with Brad Holder and Patrick Westfall. Law enforcement also knew that Messer was
acquaintances with Elvis Fields and Rod Abrams. Unified Command theoretically could claim
(and actually appear to be claiming) that this connection is simply a bizarre coincidence. However,
Unified Command not only knew that Elvis Fields/Rod Abrams and Brad Holder/Patrick Westfall
shared a common acquaintance (Johnny Messer) but also that Elvis Fields and Brad Holder
followed each other on Facebook and even mimicked each other’s Facebook pages, with Elvis
Fields actually recreating the photos that Holder posted on his (Holder’s) Facebook page.
Shockingly, at his August 10, 2023, deposition, Unified Command member, Jerry
Holeman, claimed that he did not even know who Johnny Messer was, nor what the evidence
showed of Messer’s possible role in the murders of Abby and Libby. It is additionally infuriating
that Johnny Messer was cleared as a suspect in the murders when considering these facts:
Johnny’s ex-girlfriend, Taylor Hornaday, told police that Johnny Messer and Patrick
Westfall were like brothers. She also told police that she had allowed Johnny to borrow her car on
or around Valentine’s Day 2017 and that Johnny drove her car “up there” to hang with his
Vinlander 13 friends. When he returned her vehicle, it had dried blood over one side of it. Johnny
Messer refused to discuss the details of how the blood got there. Johnny Messer’s ex-girlfriend
further stated that it took her several car washes to finally remove the blood. Meanwhile, Messer
has claimed that he had never, not once in his life, been to Delphi, home of his “brother” Patrick
Westfall, and near the home of his other Odinite brother, Brad Holder.
13
“Vinlander” is a word interchangeable with those that practice Odinism. As state trooper Roland Purdy stated in
his deposition, all members of Vinlanders are also Odinists. (Purdy depo. p. 140, lines 1-25) Basically, the
Vinlanders are a white supremacist group consisting of Odinists. Brad Holder, Patrick Westfall and Johnny Messer
were all affiliated with the Vinlander group. Johnny Messer’s ex-girlfriend, Taylor Hornaday, also confirmed that all
Vinlanders were also all Odinists, and that Johnny Messer, Brad Holder and Patrick Westfall were all members of
Vinlander.
18

Messer’s ex-girlfriend also told law enforcement that Brad Holder and Johnny Messer were
two of the most violent people she knew and were fully capable of having been involved in the
murders. Johnny Messer’s ex-girlfriend further stated that a motive for their involvement in the
murder of Abby and Libby might be the concept of “blood in and blood out”, which means “social
acceptance into their secret circles.” All this information was relayed to Liggett and the Unified
Command team, yet Unified Command provided no guidance as to what to do to capitalize on this
information in order to work toward solving the murders.
Additionally, Unified Command learned that Johnny Messer’s ex-girlfriend had been
listening to and recording Johnny Messer’s phone calls. Police secured the phone and listened to
three phone calls involving Johnny Messer. In two of those phone calls, Messer was “offering
money to other people to find someone so they can be injured or killed.” The third call involves
Messer “bragging about holding a subject hostage and shooting them at his house.”
Essentially, Unified Command said “nothing to see here” regarding Johnny Messer and
issued no search warrants for his home (none have been disclosed to the Defense), nor did they
attempt to utilize an age-old investigative tool referred to as an “interrogation” to pursue the truth
about the involvement of Johnny Messer, Brad Holder or Patrick Westfall in these crimes.
Many more shocking facts concerning this so-called investigation will be revealed in the
body of the memorandum.
Odinites in Westville Correctional Facility “guarding” Richard Allen.
The evidence shows that during his pretrial incarceration at Westville Correctional Facility,
Richard Allen has been monitored, intimidated, and mentally abused by correctional officers who
are also members of the Odinite cult. Two of those correctional officers are named Sgt. Robinson
19

and Sgt. Jones. These Westville Corrections officers boldly wore patches on their Department of
Corrections (DOC) uniforms that proclaimed “In Odin We Trust” along with another patch
displaying symbols of Odism (interlocking triangles). Both Odinite correctional officers (Sgt.
Robinson and Sgt. Jones) also display images of runes and/or other Odinite symbols on their
Facebook pages. As recently as June 25, 2023, for example, Odinite Sgt. Robinson openly
displayed a photograph of his Odinite altar on his Facebook page. A similar alter can be found on
the Facebook page of Brad Holder.
Beginning at least on April 3, 2023, Sgt. Jones and Sgt. Robinson wore their Odin patches
when the Defense team visited Richard Allen. However, Sgt. Robinsons and Sgt. Jones’s brazen
display of their Odinites patches came to an end on August 17, 2023. What changed? Why
suddenly did they no longer display their Odinite patches beginning on the August 17, 2023, visit
between Richard Allen and his Defense team? Here is your possible answer:
It was not until an August 10, 2023, deposition of Trooper Jerry Holeman that Richard
Allen’s Defense team finally revealed to the prosecutor and to Unified Command that for many
months they (Richard Allen’s Defense team) had been fully aware of the strong evidence linking
Odinism to the murders. It was also at the August 10, 2023, deposition that the Unified Command
learned that Richard Allen’s Defense team was not only aware of this information, but also
intended to expose the linkage of Abby’s and Libby’s murders to Odinism and would also be
revealing the names of the Odinists at trial. At that deposition, Holeman and the prosecutor also
learned that the Defense team obviously intended on exposing the Unified Command’s utter failure
in pursuing the Odinist suspects, in spite of the powerful evidence of Odinites involvement in the
murders. However, and this is important to note, at his August 10, 2023, deposition, Richard’s
20

Defense team did not let Holeman or anyone else know that it (the Defense team) was fully aware
of the Odinite corrections officers at Westville wearing “In Odin We Trust” patches.
Richard Allen’s Defense team’s next visit with Richard Allen at Westville following the
August 10, 2023, deposition occurred one week later, on August 17, 2023. Curiously, or perhaps
not so curiously, in those seven days since the Defense team revealed their knowledge that
evidence linked Odinists to the murders, for the first time Sgt. Robinson was no longer wearing
his Odin patch 14. It was almost as if someone had alerted Odinite Robinson that the gig was up
because the lawyers knew about the links to Odinism, so lose the patch and pray that the Defense
attorneys had never noticed the patches on prior visits. Unfortunately for Westville and Unified
Command, Rick’s Defense team absolutely noticed the Odinite patches worn by Sgt. Robinson
and Sgt. Jones beginning April 3, 2023. Furthermore, Rick’s Defense team absolutely noticed the
conspicuous absence of Sgt. Robinson’s Odin patches following trooper Holeman’s realization
that Rick’s Defense team was fully aware of the connection between the murders and Odinism, as
well as the failure of the Unified Command to follow through on the evidence that linked the
murders to Odinism.
The Court will also learn in the body of this memorandum that Sgt. Jones and Sgt. Robinson
were seemingly always by Richard Allen’s side during most, if not every, visit. Normally,
corrections officers (usually Sgt. Robinson and/or Sgt. Jones) were within earshot of every
conversation between Richard and his attorneys and between Richard and his wife; close enough
that Richard would have to be worried about any conversation with his attorneys and with his wife
being overheard by Sgt. Robinson and Sgt. Jones or other corrections officers. Beginning on April
14
Sgt. Jones was not present at this visit.
21

3, 2023, and for several visits thereafter, the Westville Correction Officers even videotaped
attorney visits between Richard and his Defense team. Most of the time, if not every time, it was
Sgt. Jones or Sgt. Robinson bringing the handheld camcorder to the visit. Corrections officers even
required that Richard Allen be positioned facing the window where the corrections officer was
videotaping the attorney visits with the handheld camcorder. This positioning of Richard Allen’s
body would allow the corrections officers to videotape Richard Allen’s mouth as he talked to his
attorneys. Richard would therefore not be able to privately discuss anything with his attorneys,
such as “the guards are telling me that my wife and family will be killed unless I call my wife and
tell her that I killed those girls.” 15 Instead, a mentally defeated Richard Allen would continually
mutter to his Defense team at every visit these types of general questions: “Is my wife alive? Is
my family alive? Is my wife safe? Is my family safe?”
At one such meeting with his attorneys, Richard Allen mumbled in a somewhat incoherent
fashion that Odinites were threatening him. It would be important to know that Richard Allen’s
Defense team had never mentioned the words Odinites or Odinism or informed Richard Allen that
evidence suggests that Odinists murdered Abby and Libby until August 25, 2023, when his
Defense team, in the presence of his Wife (who was visiting with Rick in the prison), first
discovered the exculpatory Odin related evidence to Rick. Rick’s Defense team felt that having
him remain unaware would hopefully keep Rick a bit safer. Due to Rick’s weakened mental state
and the concern that he might unwittingly discuss his attorneys’ strategy to Sgt. Jones and Sgt.
Robinson, Rick’s attorneys opted to not discuss Odinism with their client out of fear that Sgt.
Robinson and Sgt. Jones would then be on the alert that Richard’s Defense team was aware of the
15
To be clear, up to this point, Richard Allen has never spoken these words to his attorneys. The point is that the
Westville guards have made the privacy needed for Richard to have that type of private conversation with his
attorneys very difficult – and perhaps not worth the risk if you are Richard Allen.
22

Odinite involvement. Richard’s Defense team needed additional time to investigate and review
evidence before feeling confident and comfortable in revealing their knowledge to the Court of the
strong evidence that Odinites murdered the girls and that Unified Command had chosen to do
nothing about it, but in fact had hidden these facts from Judge Diener. Therefore, Richard’s
Defense team opted to keep Richard in the dark about the Odinite connection to the murders
supported by the evidence. 16
Again, more detailed information concerning the Odinite corrections officers, as well as
the documentation supporting that information, will be provided in the body of this memorandum.
Liggett concealed certain witness testimony and falsified other witness testimony in order to
prevent Liggett’s bogus timeline from being exposed to Judge Diener.
Beyond the shocking omissions concerning the pagan cult’s links to the murders and the
fact that Odinists were also watching Richard Allen (akin to foxes watching the henhouse) the
evidence will show that Liggett’s Affidavit for Search Warrant is also filled with lies and other
concealed information concerning witness testimony. This false and concealed information
completely eviscerates the state’s timeline. The evidence will show that Tony Liggett knew of the
major problems that these witnesses’ testimony created, and Liggett chose to solve his problem by
16
This decision has been painfully and emotionally difficult for Rick’s defense team, as defense counsel recognized
that while the Defense took the necessary time to review the discovery to establish the Odinist links both to the
murders and to the Westville Correctional Facility, defense counsel was also aware that Rick would remain in his
hell hole at Westville subject to the cruelty of Sgt. Jones and Sgt. Robinson and perhaps other Odinite corrections
officers. This was especially painful at the June 15, 2023, hearing to transport Rick to Cass County as defense
counsel knew at that time of the links between the murders and Odinism and Westville. Unfortunately, defense
counsel needed additional time to fully understand and verify the facts before leveling such accusations. This is the
reason that the Defense tactically decided to keep its knowledge to itself rather than reveal that knowledge in open
court at the hearing. Unified Command and the prosecution’s hiding of exculpatory evidence is even more angering
because difficult strategic decisions could have been avoided had McCleland offered the exculpatory documents
sooner. Perhaps, then, Rick would have filed for speedy trial or would have been removed from Westville as the
Defense would have been able to more fully inform the Court about the facts of the case.
23

concealing this information and even falsifying other information in order to bolster the state’s
bogus timeline.
The evidence will show that Liggett concealed facts concerning descriptions that key
witness Betsy Blair made directly to Liggett, face-to-face, in 2019 concerning: (1) the person that
she (Betsy Blair) observed on the bridge; and (2) a vehicle that she (Betsy Blair) observed at the
CPS parking lot at around 2:15 p.m.
For Liggett’s timeline to work and to place Richard Allen on the Monon High Bridge at
2:13 (the time of the famous “Down the Hill” video), Liggett desperately needed Betsy Blair to
describe a man on the bridge that looked like Richard Allen and furthermore desperately needed
Betsy Blair to describe a car that she observed parked at the CPS parking lot (at approximately
2:15 pm) as looking look like Richard Allen’s black Ford Focus. Suffice it to say, the evidence
will show that Liggett concealed from Judge Diener that Betsy Blair described a man on the bridge
that looked nothing like Richard Allen and described a car at the CPS lot that looked nothing like
Richard Allen’s car (both in color and design). The evidence will show that Betsy provided these
timeline defeating descriptions directly to Liggett, face-to-face, two times in 2019. Yet, Liggett
failed to inform judge Diener of these descriptions as well as inform Diener of the fatal flaws that
these missing descriptions created for the timeline.
The evidence will also show that Liggett just flat out lied about what he (Liggett) claimed
Sarah Carbaugh told him in 2017 concerning a man walking down the road near the murder scene.
For Liggett’s timeline to work, Liggett needed Sarah Carbaugh to describe a man walking down
the road wearing a blue jacket, who had blood covering his clothing. However, in 2017 Sarah did
not say these things. This did not prevent Liggett from affirming under oath that Sarah Carbaugh
did say those things. In fact, what Sarah Carbaugh actually told Liggett in 2017, was that she
24

(Carbaugh) observed a man walking down the road wearing a tan coat whose clothes were muddy.
Nowhere did Carbaugh claim in 2017 that the man she observed was wearing a blue coat.
Nowhere did Carbaugh claim in 2017 that the man she observed was wearing bloody clothes.
Nowhere. This truth about what Sarah Carbaugh actually told Liggett in 2017 blows up Liggett’s
timeline, which is the likely reason Liggett failed to include this information in his affidavit.
Additional evidence will be presented in the body of this memorandum.
The Defense believes that the evidence strongly supports the contention that Liggett
intentionally concealed evidence from Judge Diener and lied about other evidence to Judge Diener
in his Affidavit for Search warrant. However, even if Liggett did not intentionally conceal evidence
from the judge or did not intentionally place false information into the search warrant affidavit, at
a minimum Liggett behaved recklessly when he prepared the affidavit omitting those facts from
Judge Diener and providing false information in the affidavit. As stated in the motion
accompanying this brief, the Defense must show that Liggett either intentionally or recklessly
omitted facts from the affidavit or provided false statements in the affidavit.
Evidence supporting these facts were needles in a giant haystack of discovery.
To conclude the introductory portion of this memorandum, the Defense would tell the
Court that the evidence supporting the assertions contained throughout this memorandum was
buried deep in a mountain of discovery, thousands upon thousands of pages of paperwork and
hundreds of hours of videos. But not buried deep enough. The Court will know at the conclusion
of this memorandum that the Defense is not inventing, fabricating, or exaggerating these facts no
matter how crazy those facts may appear. Richard Allen’s Defense team is attaching to this
memorandum the supporting documentation that provides proof that these facts are true.
25

This memorandum will consist of five parts:
Part I will be a description of the crime scene. This description will provide important and
necessary context that will allow understanding for the rest of the memorandum and will also
provide insight into the preposterous claim by Sheriff Liggett that one – and only one – person
was responsible for these murders. This will be important as Sheriff must claim that Richard Allen
acted alone in order to dispel the massive evidentiary foundation that supports the likelihood that
the preplanned abduction and ritualistic murder of Abby and Libby required multiple Odinites in
order to succeed.
Part II will detail the evidence that connects the Odinites to the murders. Tony Liggett
concealed this evidence from Judge Diener when Liggett prepared and signed under oath his
affidavit for search warrant. This section is long, detailed and factually dense (especially for those
not living and breathing this case). At the beginning of section II, Defense counsel has provided a
Delphi murder infographic, a veritable visual representation of the major players mentioned in this
memorandum, as well as a list of names – and the relevance of those names – found in the
memorandum. These documents are offered as reference tools for assistance in unpacking these
dense facts.
Part III will detail the information that confirms that Tony Liggett concealed evidence in
his search warrant affidavit concerning statements of Betsy Blair and fabricated statements in his
search warrant affidavit concerning Sarah Carbaugh.
Part IV will consist of evidence that Odinite corrections officers in leadership have been
positioned to watch/guard/intimidate Richard Allen since at least early April 2023. This section
26

will also provide images of the patches worn by Sgt. Robinson and Sgt. Jones, as well as images
taken from their Facebook pages.
Part V will include information concerning how Richard Allen became a patsy in this
investigation 26 days before an election. This section will include information that Liggett failed
to provide in his search warrant affidavit concerning the trustworthiness of Dan Dulin’s so-called
report. Pat V will also address the complete lack of evidence that linked Richard Allen to the
murders, including an analysis of the weak evidence that Liggett relied on in his affidavit as he
(Liggett) attempted to persuade Judge Diener that evidence of the murders would be found in
Richard Allen’s home.
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Part I - The Crime Scene
When members of a search party found the girls in the late morning of February 14, 2017,
Abby and Libby had been missing for approximately 22 hours.
The scene was ghoulish. Libby was found at the base of a tree with four tree branches of
varying sizes intentionally placed in a very specific and arranged pattern on her naked body. Libby
was positioned flat on her back, with her left arm stretched above her head touching the base of
the large tree. Libby’s right hand was covered in blood. Libby’s left hand was covered in blood.
Blood spots and blood drippings were seen all over Libby’s body, from head to toe.
Libby’s right arm was placed along the side of her body. One large tree branch had been
placed on her left shoulder. This branch was so long that it extended above Libby’s head several
feet and below her legs for several feet as well. Two smaller branches formed a “V” where her
legs joined her body (near her genitalia) with both sides of the “V” extending upward toward
Libby’s head, with one branch extending to the left of Libby’s head and the other to the right of
Libby’s head. The last of the four branches extended across Libby’s body on a line from her right
shoulder to her left shoulder. This fourth tree branch also connected with the other three branches
and was placed under both branches that formed the “V”. Libby’s sliced neck was partially covered
by this fourth branch. There appeared to be no blood sprayed or dripped onto the leaves or the tree
near Libby’s head and sliced neck; it appeared likely that Libby had been killed at a nearby tree
and then dragged to her final resting place where she was then positioned before having the tree
limbs placed on her in a very specific pattern.
The murderers treated Abby very differently. Abby was found just a few feet away from
Libby. Her body was not placed parallel to Libby, but rather at an angle, with Abby’s legs just a
28

few feet from Libby’s legs. However, both of their heads were found a few feet farther apart from
each other.
Significant differences existed between how Libby’s body was found and how Abby’s
body was found.
Abby was not found at the base of a tree. Abby was fully clothed. In fact, Abby was dressed
in Libby’s sweatshirt and jeans. No blood appeared on Abby’s clothing, meaning that she was
likely murdered while naked and then dressed by the murderers after she expired and after the
blood had stopped spilling from her neck. Abby’s hands were clean. No blood. Abby’s feet were
clean. No blood. Other than blood found around Abby’s neck area where the murderers had
inflicted the fatal wound, very little (if any) blood was found anywhere else on Abby’s body or
clothing. The juxtaposition of the spots and streaks of blood found all over Libby’s body with the
lack of blood on Abby’s body/undergarments/over garments is stark. The murderers appeared to
have gone to great lengths to keep Abby’s body and clothing clean from blood.
Abby was found on her back (like Libby). However (unlike Libby) Abby’s elbows were
bent with her right and left arms both placed on her chest. Abby’s left hand and arm near the left
side of her face, and her right hand and arm near the right side of her face. Also, Abby’s left leg
was straight, while her right leg was bent at the knee. The murderers also placed her bent right leg
under her left leg.
Like Libby, those involved in the murder had placed tree branches in a very specific pattern
on top of Abby. The pattern looks very similar to an asterisk consisting of 3 tree branches all joined
29

in the middle. 17 At least one of the tree branches appears to have been cleanly cut by some
instrument (like an electric saw) rather than split or broken by hand, indicating that this was a
preconceived plan. Above Abby’s head were smaller sticks that had been placed over her hair,
crudely mimicking horns or antlers. The amount of blood that would be perhaps expected at the
crime scene based upon the location of the injuries of both girls was not visible in the crime scene
photos. 18
The Defense has provided the court with twelve crime scene and autopsy photographs,
marked as exhibits 5-16, as “confidential.” These photographs support the descriptions provided
in the previous paragraphs.
In addition to the unusual way the girls were posed, including the stick formations placed
on their bodies, another unusual marking was found on a nearby tree. A symbol that looked similar
to the letter “F” appeared approximately four feet above the base of the tree. 19 The “F” was red in
color and later DNA testing showed that the “F” had been “painted” on the tree using Libby’s
blood as the so-called paint. Additional blood spatter was found at the base of that same tree. All
the blood at the base of the tree appears to have been Libby’s blood as well. The Defense has also
provided the court with Exhibit 17, DNA documentation supporting the fact that Libby’s blood
was the source of the “F” painted on the tree. Said exhibit is marked as confidential. The Defense
17
This stick configuration is a spot-on resemblance for the rune called “Hagal”. This rune is used to depict the word
‘Hail”. Therefore, the combination of the Hagal rune found on Abby and the Ansuz rune found on the tree when
combined would proclaim “Hail Odin.” This sentiment (“Hail Odin”) was one of the many easter eggs Brad Holder
left behind on his Facebook page on multiple posts.
18
The Defense team speculates that because of the lack of blood visible in the crime scene photos, especially
concerning Abby, that the murderers may have saved the blood to be used in future rituals. This is merely a theory
admittedly not supported by any facts currently in possession of the Defense, but a theory that would certainly
explain the lack of expected blood at the crime scene.
19
The F resembles a rune called “Ansuz” which stands for “Odin”. Again, when paired with the Hagal rune found
on Abby, the combination would proclaim: “Hail Odin.” This “F” symbol was the same “F” symbol found in many
of Brad Holder’s Facebook pages which will be attached, including Holder’s creepy self-drawn illustration in which
a red “F” rune was found at the base of a tree where a man appeared to be sacrificed on a tree.
30

has also provided two photos of this “F” found on the nearby tree (hereinafter called the “F tree”),
(Exhibits 18 and 19), marked as confidential. Defense is also providing a photo of the F tree from
a wider angle for the Court to have perspective as to where the F tree is located relative to the
bodies. That confidential photo has been marked as Exhibit 20.
Under Abby’s left lower back, a shoe was found. This shoe is believed to be Libby’s shoe.
Under the shoe, a cell phone was found. The cell phone was later determined to be Libby’s phone.
This information was confirmed by the recent deposition testimony of Liggett, Leazenby and
Holeman. According to recent depositions taken of Sheriff Liggett, the famous video of the person
that many people call “Bridge Guy” was found on this phone. Additionally, allegedly found
between the two girls buried under the leaves and dirt was a single bullet.
The Defense has provided two photos of the shoe and cell phone found under Abby’s legs
and marked them as Exhibits 21 and 22 and have been filed confidentially. Also, the Defense has
provided three photos of a bullet purportedly found in the ground between Abby and Libby and
marked these photos as exhibits 23, 24, and 25.
It should be noted that as of the date of this memo, the Defense has no photographs of the
bullet allegedly found between the girls after it was removed from the ground. No photo or video,
for example, shows the bullet as it was being pulled out of the ground. No photo or video of the
bullet immediately after it was pulled from the ground. No video or photograph of all sides of the
bullet immediately after it was pulled from the ground. No photographs of the bullet next to a
measuring device to show its length. No photos that show what the bullet looked like once it was
pulled out of the ground could provide proof that it is the same bullet that ended up in the evidence
31

locker room. 20 Shockingly, in his deposition, Sheriff Liggett admitted that he also has not seen any
photographs of the purported bullet taken once the bullet was pulled from the ground. 21 In other
words, the only photos that the Defense has found in the discovery it has received are of the bullet
still buried in the ground. At this time, the Defense has no idea if (a) photos of the bullet after it
was removed from the ground even exist; or (2) the photos exist but the state has not yet turned
those important photographs over to the Defense, or (3) the Defense has missed these photos in
the voluminous discovery. Either way, the Defense has asked the prosecutor to please locate these
photographs.
One man alone completed all these tasks in less than one hour and seventeen minutes? 22
(Liggett says one thing publicly but another thing privately to his law enforcement friends).
Publicly, Liggett has claimed under oath that one single, solitary person was responsible
for abducting and murdering the girls: Richard Allen. 23 Claiming publicly that Richard Allen acted
alone would allow Liggett to continue proclaiming that the murders were not the result of a
coordinated abduction and subsequent ritualistic sacrifice at the hands of a pagan religious cult.
No, if Liggett continues trying to convince everyone publicly that one man, and one man alone
(Richard Allen) performed all the tasks, then Liggett must convince others, including the public,
to ignore the voluminous mountain of evidence that supports the coordinated efforts of multiple
Odinites. However, you will learn later in this memorandum, that Liggett’s claim that one man
acting alone (and certainly not an organized band of cultists) murdered those girls is actually not
20
On September 8, 2023, the Defense did receive photographs of the bullet at the forensic lab where it was tested.
However, the Defense still has not received photos of the bullets from the crime scene of crime scene technicians
pulling out the bullet from the ground or placing it into an evidence bag, as is standard practice, especially in murder
cases.
21
Liggett depo. p. 69, lines 11-18.
22
Jerry Holeman testified in his deposition that investigators estimated the time of death as occurring somewhere
between 2:30 and 3:30 p.m. (Holeman depo., p. 17, lines 6-21).
23
Liggett depo., p. 67, lines 13-19.
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something that he (Liggett) believes privately, based upon one-on-one conversations with other
law enforcement.
Still, to be fair to Liggett’s public proclamation under oath, let’s test Liggett’s claim that
one man (Richard Allen) acted alone by reviewing all the tasks that this five-foot four-inch man
would have had to accomplish in order to pull off the abduction, ritualistic murder and then staged
crime scene as it was found on February 14, 2017:
1. This one man would have to have been solely responsible for marching Abby and Libby
down a steep hill.
2. This one man then would have had to march both girls through the woods for some
distance.
3. At some point in time this single, solitary man would have had to cross a cold river
whose depth was nearly 3.5 feet. 24 At this depth, if the water were only two feet higher,
Richard’s whole body would have been completely immersed, from head to toe.
4. With the cold, river water rising well above his waist, this man acting alone has to
worry about himself crossing the rushing river, while also trying to corral two girls,
keeping them from running or screaming knowing that houses were not far away.
5. This man, on his own, would have had to then march the girls up to the site of the
murders while all three, because of the depth of the water, were wearing
undergarments, pants, shirts, jackets, socks and shoes that were drenched with water
from the river crossing.
6. Once he and the girls arrived at the murder scene, this single, solitary person then
somehow would have had to subdue either Abby or Libby in rope or some other
restraining device in order to have the ability to kill the unsubdued child without fear
that the other child would run away or scream.
7. Because of the lack of blood on the girls’ clothing, each child would have had to have
been completely disrobed before the single, solitary man sliced his first victim’s neck,
so the man acting alone either asked each child to disrobe or he assisted in the disrobing.
24
Find attached exhibit 26 which is the U.S. Geological survey depth rating of Deer Creek near Delphi Indiana
taken from a measuring station near the crime scene on February 13, 2017, at 2:15 pm. This document can be found
on the following link:https://waterdata.usgs.gov/monitoring-
location/03329700/#parameterCode=00065&showMedian=true&startDT=2017-02-13&endDT=2017-02-14
33

8. Trooper Jerry Holeman of the Unified Command has confirmed that both girls were
naked at one point in time as Liberty was found at the crime scene completely naked
while evidence showed that “Abby at one point in time had her clothes off.” 25
9. Once the girls were disrobed and naked in the middle of the forest in the middle of the
day in February, and once he had subdued one of the two girls to prevent her from
running away, the man acting alone could finally kill the girls.
10. This man, acting alone, would have had to pull the ceremonial knife, or whatever sharp
instrument was used and inflict fatal injuries to the neck of the first child (it is unknown
which child perished first) while the second child watched, hopefully without
screaming or becoming so hysterical that said child was uncontrollable.
11. The man acting alone would then walk over to the second child, who was somehow
subdued and inflict the same fatal injuries to her neck.
12. The autopsy notes taken by Liggett reveal that the pathologist stated that because of the
particular vein that was severed, Abby suffered a “slow death. 26”
13. To give Ligget as much additional time needed to sell this preposterous story that one
man committed all of these tasks in a short period of time, we will presume that this
one man, acting alone, took Abby’s life first and Libby’s second, so that he (the lone
killer) could efficiently handle all of the other tasks necessary while Abby suffered her
“slow death.”
14. Additionally, even after Abby finally would have died, the man acting alone would
have had to then wait enough time so that the blood escaping from Abby’s neck would
stop flowing (as there was little-to-no blood found on any of the clothing Abby was
wearing other than around the neck area (both undergarments and outer garments));
meaning that the single, solitary man likely clothed Abby’s dead body after the flow of
blood ceased.
15. Once this man acting alone inflicted the injuries to Abby’s neck, and she was dying a
“slow death”, he would have left Abby on the ground somewhere away from where she
was ultimately laid to rest as there was little blood at the scene where she was laid to
rest and posed, and where the man acting alone placed sticks on her body.
16. While waiting for Abby to die her slow death, the man acting alone would have then
used his ceremonial knife or whatever sharp object he used to inflict Libby’s fatal
injuries at the base of the F tree, where Libby’s blood was found.
25
Holeman depo. p. 79, lines 6-7.
26
Find attached and marked as Exhibit 27 Liggett’s autopsy notes. The Defense has not yet deposed the pathologist
to determine what the phrase “slow death” means in terms of timing. Whether it is 5 minutes, 25 minutes, or 55
minutes or more.
34

17. While (1) waiting for Abby to die her “slow death,” and then (2) while waiting for the
blood to stop escaping from Abby’s fatal injuries, this man acting alone would then
grab Libby’s body from the F tree (where she was probably killed) dragging her to her
final resting place at the base of the tree where she was found.
18. While waiting for (1) Abby to die her “slow death” and (2) then waiting for the blood
to stop draining from Abby’s neck, this man acting alone then would have had to pose
and position Libby’s dead body in the manner in which her dead body was found at the
scene.
19. While waiting for (1) Abby to die her “slow death” and (2) then waiting for the blood
to stop draining from Abby’s neck, this man acting alone then would select a variety
of tree branches and sticks with the ultimate purpose of placing them on Libby’s dead
body.
20. After selecting the branches and sticks, this man acting alone would then gather those
sticks and branches.
21. After gathering the selected branches and sticks, the man acting alone would have to
carefully arrange the sticks in the pattern found at the crime scene:
a. This man acting alone would have to take the largest and longest of the branches
and use his dexterity to lift that large branch over Libby’s left shoulder, next to
her head.
b. Next, the man acting alone would have had to have taken a smaller stick and
placed it under Libby’s neck, on a straight line from Libby’s right shoulder to
her left shoulder, but over the previously laid out large branch that the man
acting alone had placed over Libby’s left shoulder described in 14a.
c. Next, the man would have to grab one of the longer sticks and place it on
Libby’s right thigh near her genitalia. This stick would then be placed alongside
the right side of Libby, toward her head, but over the shorter stick discussed in
14c above. This stick starting near Libby’s genitalia would form the right-half
of the “V” along with the stick discussed in 14d.
d. Next, in order to form what can be described as a “V”, the man acting alone
would take another stick, place it on Libby’s left thigh near her genitals and
connect it with the stick described in 14c to form the base of the “V”. Then, this
man would run that stick essentially along the left side of Libby’s body, over
the large tree branch that is mentioned in 14a. This stick placed on Libby’s left
thigh would also connect with (and in fact may even be attached to, as the photo
makes it hard to tell) the stick described in 14b.
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22. At some point in time, once the blood draining from Abby’s neck had stopped, this
man acting alone would then have to gather the discarded clothing from both girls.
23. This man, would then have had to redress Abby’s dead body, starting with the
undergarments Abby was wearing, without leaving any blood (his, Abby’s or Libby’s)
on the undergarments except around the neck area where Abby had been mortally
wounded.
24. This man acting alone would have to use his dexterity to lift Abby’s dead body in order
to maneuver the first bra onto Abby’s dead body. 27
25. This man, acting alone, would then have to use his dexterity to lift Abby’s body in
order to maneuver the first bra under her back.
26. This man, acting alone, then would have to use his dexterity to secure this black bra
onto Abby.
27. This man acting alone, would then have to locate the second bra that Abby was
wearing. 28
28. This man, acting alone, would then again have to use his dexterity to lift Abby’s dead
body in order to maneuver the second bra onto Abby’s dead body.
29. This man, acting alone, would then use his dexterity to secure a second woman’s bra
onto Abby.
30. Once both bras were secured onto Abby’s dead body, this man acting alone would have
to locate the pink shirt that Abby was wearing underneath the sweatshirt.
31. Once the pink shirt was located, the man acting alone would likely have positioned
Abby’s arms above her head to make it easier to place the pink shirt onto Abby’s dead
body.
32. Once Abby’s arms were positioned above her head, then the man acting alone would
have to place the opening at the bottom of the pink shirt just above Abby’s outstretched
arms.
33. Once the bottom opening of the pink shirt was positioned just above Abby’s
outstretched arms, the man acting alone would have to use his dexterity by lifting
Abby’s left arm and placing it into the pink shirt.
27
Abby was wearing two bras. The first bra (on top of Abby’s skin, but under the second bra) was a traditional
looking black bra.
28
The second bra was found on top of the black bra and under a pink shirt. This second bra was what the Defense
would call a grey sports bra.
36

34. Once the man acting alone maneuvered Abby’s left hand and left arm through the
bottom of the pink shirt, he would have to use his dexterity to move Abby’s left hand
and left arm toward the left arm hole of the pink shirt.
35. Once the man acting alone had used his dexterity to maneuver Abby’s left hand and
left arm toward the left arm hole in the pink shirt, he would have had to use his dexterity
to pull the left arm through the left arm hole on the pink shirt.
36. Once the left arm was successfully pulled through the left arm hole of the pink shirt,
the man acting alone would have used his dexterity by picking up Abby’s right arm and
placing it in the bottom entry hole of the pink shirt.
37. Once the man acting alone had used his dexterity to maneuver Abby’s right hand and
right arm toward the right arm hole in the pink shirt, he would have had to use his
dexterity to pull the right arm through the right arm hole on the pink shirt.
38. Once the man acting alone had successfully maneuvered Abby’s right and left arms
through the arm holes, then he would have to use his dexterity by using one hand to lift
the upper portion of Abby’s body while using the other hand to pull the pink shirt
toward Abby’s midsection until the shirt was properly dressed on Abby.
39. Additionally, the man acting alone while using his one hand to pull the pink shirt
toward Abby’s midsection would have had to lift Abby’s body high enough off the
ground to avoid getting any dirt on the pink shirt as the photographs show that the pink
shirt was clean.
40. It is likely that once the murderer re-dressed Abby in her pink shirt that the pink shirt
never touched the damp, dirty ground as there was no dirt on that shirt whatsoever,
unlike the wet dirt found on Libby’s backside and the wet dirt also found on the
sweatshirt Abby was ultimately dressed in.
41. This would mean that once the man re-dressed Abby in the pink shirt that he would
have likely held up the upper portion of Abby’s body with one hand while grabbing the
sweatshirt with the other before placing the sweatshirt on Abby.
42. In order to put the sweatshirt on Abby, once he was able to locate Libby’s sweatshirt,
then this man acting alone likely positioned at least one of Abby’s arms above her head
so as to make it easier for this man to put Libby’s sweatshirt onto Abby’s body.
43. Once he positioned Abby’s arms above her head, this man acting alone then would
have to take the opening of the sweatshirt near the outstretched arm or arms of Abby.
44. Once he positioned Libby’s sweatshirt near Abby’s arms, this man acting alone would
have had to maneuver the left hand and arm in order to move it into the bottom opening
of the sweatshirt.
37

45. Once he stuffed the left hand and arm into the sweatshirt, this man acting alone would
have had to position the right arm into the bottom opening of the sweatshirt.
46. Once both arms had been placed into the entrance of the opening of Libby’s sweatshirt,
then this man acting alone would have had to use his dexterity to pull the sweatshirt
down toward Abby’s head, likely using one of his hands as the other was being used to
prop up Abby’s body so that it wasn’t touching the ground (again, as the pink shirt
shows no dirt).
47. Once this man, acting alone, started pulling the sweatshirt down toward Abby’s head,
he would also have to make sure that Abby’s left arm and left hand were also being
pulled inside the sweatshirt’s left armhole toward the hole at the end of the sweatshirt’s
left sleeve.
48. Once this man, acting alone, started pulling the sweatshirt down toward Abby’s head,
he would also have to make sure that Abby’s right arm and right hand were also being
pulled inside the sweatshirt’s right armhole toward the hole at the end of the
sweatshirt’s right sleeve.
49. Once the man acting alone had successfully guided both the right arm and left arm into
their respective arm holes, then this man would have to use his dexterity to lift Abby’s
body with one hand, while using the other hand to pull the sweatshirt down toward
Abby’s midsection, making sure that the sweatshirt was pulled over Abby’s head.
50. Once this man, acting alone, had secured the first bra and the second bra and the pink
shirt and then sweatshirt onto Abby’s dead body, then he would have had to locate
Libby’s jeans which were found on Abby.
51. Once this man, acting alone, had located Libby’s jeans, this man acting alone would
then have had to place the opening of Libby’s jeans at Abby’s feet.
52. Once he placed the opening of Libby’s jeans at Abby’s feet, this man acting alone
would then have to have used his dexterity to lift Abby’s feet from her dead body
enough off the ground in order to start the process of maneuvering Libby’s jeans onto
Abby’s dead body.
53. First, this man acting alone would have lifted either the right or left leg and foot into
the opening of the jeans.
54. Next, the man acting alone would have lifted the remaining leg and foot into the
opening of the jeans.
55. Once he was able to position Abby’s feet into the openings of Libby’s jeans, then this
man acting alone would have to use his dexterity to lift Abby’s hips and legs in order
to maneuver the jeans up Abby’s dead body.
38

56. Once the man acting alone was able to maneuver the jeans several inches toward
Abby’s midsection, he would have to continue to readjust by lifting the body with one
hand while grabbing the jeans and pulling them toward Abby’s midsection with the
other hand.
57. This man, acting alone, would continue this adjustment and readjustment, using both
of his hands until the jeans were ultimately completely on Abby’s dead body.
58. Once this man acting alone had successfully completed the task of dressing Abby in
the first bra, the second bra, the pink shirt, Libby’s sweatshirt and jeans, he would then
have to locate Abby’s converse tennis shoes.
59. Once the man acting alone had located Abby’s black converse tennis shoes with white
laces, he would have used his dexterity to lift Abby’s left leg with one hand, while
using the other hand to place Abby’s tennis shoe on her left foot.
60. Once the man acting alone had completed the task of placing Abby’s left Converse
tennis shoe with the white laces back onto Abby’s left foot, he would have to grab
Abby’s other tennis shoe (the right tennis shoe).
61. Once the man acting alone had grabbed Abby’s right tennis shoe, he would have used
his dexterity to lift Abby’s right leg with one hand, while using the other hand to place
Abby’s right Converse tennis shoe onto Abby’s right foot.
62. Once the man acting alone had placed both shoes on Abby’s feet, he would have had
to locate the right twigs/sticks that could be fashioned into antlers/horns.
63. Once those sticks/twigs are found, then the man acting alone would have to lay the
twigs/sticks over Abby’s hair so that they cross and crudely resemble antlers.
64. Since there appeared to be no blood on Abby’s tennis shoes and other clothing (other
than around the neck area), this man acting alone must have been extremely careful to
avoid any of the blood that came out of Abby’s neck, as well as Libby’s neck.
65. Because the river is very close to the murder scene, the man acting alone could have
also walked to the river following the cutting of the girls’ necks in order to wash and
clean the blood from his hands before touching Abby’s naked body and before placing
the clothing back on Abby’s naked body.
66. Another possible explanation as to how Abby had no visible blood on her body or
clothes (other than near the site of the wound) is that the man acting alone had hanged
Abby on a tree stringing her up by her feet. 29 This method, consistent with pagan
sacrificial rituals found on Brad Holder’s Facebook page, would allow the blood to drip
29
In one crime scene photo, a yellow rope can be viewed. This photo is attached and marked as Exhibit 28 filed as
confidential.
39

out of Abby’s neck more quickly and would also prevent the blood from desecrating
Abby’s body, especially if the man acting alone was able to hold Abby’s arms away
from her body as the blood spilled out of her neck.
67. Once this man acting alone had successfully completed the task of locating and putting
on Abby’s tennis shoes, then he would have to identify certain sticks that he would use
to place on Abby’s body.
68. Now, because at least one of the branches appeared to have a clean-cut end, this man
acting alone either:
a. Brought out his saw (a saw that he had either stashed at the murder scene ahead
of time or had carried on his person as he walked on the bridge) and then used
that saw to cleanly cut the end of at least one of the branches; or
b. Located the branch with the clean-cut end that he (the man acting alone) had
either:
i. Stashed ahead of time at the murder site; or

ii. That he had carried with him on his person while walking the high
bridge before abducting the girls; or
iii. The man acting alone just so happened to have found a branch with a
clean-cut end on the ground in the woods. 30
69. Before placing his three hand-selected sticks on Abby’s dead body, the man acting
alone would have had to position Abby the way that she had been found.
70. First, the man acting alone would have grabbed Abby’s right hand and bent it at the
elbow toward Abby’s face, so that the arm was resting on Abby’s chest with Abby’s
right hand near the right side of her face.
71. Next, the man acting alone would have grabbed Abby’s left hand and bent it at the
elbow toward the left side of Abby’s face, with the arm and hand resting on Abby’s
chest, with her left hand near the bottom of the left side of her face.
72. Once the man acting alone positioned Abby’s right and left arm the specific way that
he wanted, he then would have taken Abby’s right leg and bent it at the knee.
73. Once the man acting alone had bent Abby’s right leg at the knee, he would have taken
the bent portion of Abby’s right leg (below the knee) and placed it under Abby’s left
leg which was positioned in a straight line.
30
Later in this brief you will see a Facebook post in which a few weeks before the murders, a man that looks like
Patrick Westfall is using an electric saw to cut a tree branch. Brad Holder then leaves a comment that says: “Cutting
Runes!!!!” (See footnote 99).
40

74. Once the man acting alone had positioned Abby’s body in a way that he desired, then
the man could commence placing the sticks on Abby’s body.
75. First, the man acting alone would have grabbed the largest and longest of the branches
and placed it diagonally from the bottom of Abby’s body, beginning below the right
leg, over Abby’s midsection, then over Abby’s left shoulder. This branch was so long
that it covered a few feet below Abby’s right leg and a foot or so to the right of Abby’s
head.
76. Once the man acting along placed that first larger branch across Abby’s body, then he
would have taken the second shorter stick and placed it on a line (for the most part)
between Abby’s right and left shoulders, and over her neck.
77. Once the man acting alone was through placing the stick described in paragraph 75, he
finally would have laid the last stick on a line along the left side of Abby’s body toward
the middle of her head, with all three sticks intersecting at the same exact location on
the left side of Abby’s body.
78. Once the man acting alone had finished placing the sticks and branches on Abby’s body
in the specific way that he desired, he would then have to place the rune on the tree
where Libby had likely been slayed.
79. The man acting alone would have had to have taken some of the spilled blood from
Libby and dipped his finger, or some other type of object, into Libby’s blood.
80. Once the man acting alone would have dipped his hand or some other object into
Libby’s blood, he would have then walked away from the bodies and toward the tree
where Libby had been slayed.
81. Once at the tree where Libby had been slayed, the man acting alone would have taken
his finger dripping with blood, or the tool dripping with blood, and would have painted
a line, maybe a foot, long straight down the tree trunk, about 4 feet above the ground.31
82. Once the straight line would have been painted using Libby’s blood, the man acting
alone may have had to walk back to Libby’s body to dip his finger into Libby’s neck
or to dip whatever tool he used into Libby’s neck wound in order to have enough blood
to finish the rune that he was painting on the tree.
83. Once he dipped his finger or tool into Libby’s wound, the man acting alone would have
walked over to the tree now containing the vertical line of Libby’s blood about four
feet above the ground and would have used Libby’s blood to paint two lines horizontal
to the ground to form what looked similar to an “F”.
31
Law enforcement officer Greg Ferency sent Tony Liggett a video of a pagan ritual videotaped by Brad Holder in
which someone that looks like Patrick Westfall is marking a tree with his hand or fingers. (See Footnote 49).
41

84. Once the painting of the rune on the tree was completed using Libby’s blood, the man
acting alone would now locate certain clothing items that he did not place on Abby, but
were still on the ground, including Abby’s jeans.
85. Once he located those certain clothing items, he would gather them.
86. Once the man acting alone gathered the remaining clothing items, he would leave the
immediate area around the crime scene and walk to the river.
87. Once the man acting alone reached the river, he would toss these clothing items into
the river. 32
88. Once the man acting alone had thrown the clothing items into the river, he would have
to walk back up to the crime scene and canvas it to make sure he left nothing behind.
89. Once the man acting along made sure that he left nothing behind, including his DNA,
hair, fingerprints and shoeprints, the man would be able to leave.
90. Once the man acting alone was able to leave, after exerting all the energy needed to
complete all those tasks, he would have to walk up a steep hill for several hundred
yards, through some thickets and brush until he was able to get to the road, 300 North.
91. Although this man acting alone was somehow smart enough to keep his DNA,
fingerprints, footprints, hair and other evidence out of the crime scene, this man acting
alone was apparently dumb enough to decide to walk down 300 North in the middle of
the day headed west easily visible to the public and easily visible to anyone driving a
vehicle on 300 North, like Sarah Carbaugh.
92. Once the man acting alone was able to make his way onto 300 N. to walk down the
road in broad daylight open to the public (rather than in the woods under cover) this
man then walked some distance westbound on 300 N. before allegedly being spotted
by Sarah Carbaugh at 3:57 pm.
One man, 5 foot 4 inches in stature, handled all these tasks? From the abduction at the
high bridge, to the crossing over the cold, flowing river, to the subduing of one girl while the other
is killed, to the killing of the second girl, waiting while Abby died a slow death, then clothing
Abby with very little to any blood transfer on said clothing, to the arrangement of the sticks into
32
Clothing from the girls was found in Deer Creek.
42

runes, to the painting of the F rune on the tree, to the throwing of the clothing items into the river,
to the departure from the crime scene, and finally, to traversing hundreds of yards through the
forest and then up a steep hill, and then another hundred or more yards until finally reaching 300
North…all the while, being so careful as to not leave any DNA or other forensic evidence behind.
Were all these acts committed by one man acting alone? All these things occurred between
seventeen minutes and one hour and seventeen minutes after the girls heard the phrase “down the
hill” at approximately 2:13 pm. 33 Again, not plausible.
At his August 8, 2023, deposition, Sheriff Liggett was adamant that one person, and one
person alone – Richard Allen – was involved in the murder of Abby and Libby. 34 However, off
record Liggett doesn’t believe that one man was capable of pulling off all of those tasks, especially
in such a short period of time, leaving behind a crime scene with no forensic evidence. As referred
to earlier, Liggett says one thing publicly under oath, but a different thing off-record to his buddies.
One of those buddies is former Sheriff (and now Chief Deputy Sheriff) Tobe Leazenby. The day
after Liggett’s August 8, 2023, deposition, Tobe Leazenby was subject to a deposition.
When Tobe Leazenby was asked at his deposition how many people he believed were
involved in the murder of Abby and Libby, Leazenby provided a different answer than Liggett. He
(Leazenby) indicated that “at least two” people were involved. 35 The reasons Leazenby gave as to
his belief that “at least two” people were involved in the murders was Leazenby’s belief that “it
would be difficult for one individual to accomplish what occurred.” 36
33
Again, Jerry Holeman testified in his deposition that investigators estimated the time of death as occurring
somewhere between 2:30 and 3:30 p.m. (Holeman depo., p. 17, lines 6-21).
34
Liggett depo. P. 67, lines 13-19
35
Leazenby depo. p. 19, lines 19-20.
36
43

When asked if any other law enforcement officers shared this perspective, Leazenby
provided a surprising answer based upon what Liggett had testified to under oath the day before:
Yes, at least one other law enforcement officer believed multiple people were involved in the
murder of Abby and Libby: Tony Liggett. According to Leazenby’s sworn statement, it was
common for he (Leazenby) and Tony Liggett to have one-on-one conversations, and that Tony
Liggett definitely believed that more than one person was involved. 37
Tony Liggett, who just the day before under oath claimed that only one person – Richard
Allen – was involved in the murders, privately behind the scenes, was saying something altogether
different in one-on-one conversations with his law enforcement friends.
If a cult, consisting of more than one person in a coordinated fashion, lured the girls to the
bridge, abducted the girls, and then collectively were able to perform all the tasks mentioned in
the previous paragraphs, that perspective would cut against Liggett’s sworn claim that the
murderer acted alone. Conversely, even more problematic for Liggett, is that stating under oath
what he (Liggett) actually believes (i.e. that more than one person was involved in the murders of
Abby and Libby) would then lend credence to the fact that the accumulation of evidence gathered
by Murphy, Ferency and Click strongly supports that on February 13, 2017 several men from a
pagan religious cult were involved. For some reason Liggett is obviously not interested in wanting
anyone, including Judge Diener, to know that the evidence strongly supports an organized pagan
cult as being the killers. Therefore, sadly, it is not surprising that Liggett lied under oath when he
claimed in his deposition that only one man, acting alone, murdered those girls.
37
44

If Liggett had told Judge Diener that he (Liggett) believed that multiple people were
involved in the crime and if Liggett also provided Judge Diener with the massive amount of
missing details of the Odinite involvement in the murders (including evidence of the Odinite’s
intimate knowledge of the crime scene) then there is no way Diener would have, or should have,
signed the search warrant.
This Court will be considering whether Liggett intentionally or recklessly concealed
information and intentionally fabricated facts in his Affidavit for Search Warrant. Liggett’s
duplicity under oath about the number of people he felt were involved in the murders is just one
of many reasons to support the belief that Liggett intentionally concealed evidence and fabricated
other evidence in his sworn affidavit.
45

Part II – The Evidence that Connects the Odinites to the Murders. 38
What is Odinism?
For Rick’s Defense team, it has been hard to gain a grasp on exactly how to define Odinism.
A March 15, 1998, article found in the Winter Issue of the Southern Poverty Law Center’s
(“hereinafter “SPLCA”) Intelligent report (identified as “the nation’s preeminent periodical
monitoring the radical right in the U.S.”), said this about Odinism in 1998:
A neo-Pagan religion drawing on images of fiercely proud, boar-

hunting Norsemen and their white-skinned Aryan womenfolk is
increasingly taking root among Skinheads, neo-Nazis and other
white supremacist groups across the nation.
Asatru leaders have opened prison ministries in at least five states

recently, and that many jailed followers are heavily white
supremacist. A leading proselytizer, imprisoned terrorist David
Lane, has been writing prolifically and influencing many to adopt
his racist interpretations.
Bob Mathews, the late founder of The Order, of which Lane was a
member, adopted a series of related beliefs. A Denver Skinhead who
confessed to the November murder of a man because he was black,
bears an Asatru tattoo. Some key Asatru leaders have known neo-
Nazi or anti-Semitic backgrounds.
“Suddenly,” says Phil Rodriguez, a gang investigator with the

Arizona state prison system, “Asatru’s become the new big fad.”
Asatru (an Icelandic word meaning “belief in the Aesir or gods) has
been officially recognized as a religion in Iceland since 1972.
Further down in the article the SPLC states the following:
Odinism, which is closely related to Asatru, was much favored in

Nazi Germany. Its Nordic/Teutonic mythology was a bedrock belief
for the key Third Reich leaders, and it was an integral part of the
initiation rites and cosmology of the elite Schutzstaffel (SS) which
supervised Adolf Hitler’s network of death camps. Decades later,
38
Marked as Exhibit 29, Defense has provided an infographic highlighting parties discussed in this section.
46

Odinism also influenced Goerge Lincoln Rockwell’s American
Nazi Party.
https://www.splcenter.org/fighting-hate/intelligence-
report/1998/new-brand-racist-odinist-religion-march
In addition to the white supremacy component that exists with Odinism, there seems to be
an additional dark, demonic component to Odinism, at least if articles concerning Odinist human
sacrifice and imagery found on the internet, coupled with imagery and language found on Brad
Holder’s Facebook page are to be considered. As an example, the Defense has attached Exhibits
30-34. Exhibits 30 and 31 were found on the internet, Exhibits 32, 33, and 34 are different versions
of the same image that Brad Holder posted on his Facebook page. As you can see, law enforcement
wrote the words “Painting by Brad Holder. Odin hanging from “World Tree” on Exhibit 34. This
appears to be something that law enforcement would have used in a power point presentation.
Additionally, Kevin Murphy, who was a state trooper that investigated the Odinist angle,
said this about Odinism: “it seemed to me to border on almost a satanic type of worshipping,
sacrificing, but I couldn’t really wrap my brain around it.” 39(Emphasis added)
Exhibit 30 is an image from a website on Odinism of a man hanging upside down from a
tree, who has been sliced in the neck with blood dripping to the ground. This man’s arms are posed
similarly to Abby’s at the crime scene. This man’s legs are also posed similarly to Abby’s at the
crime scene. His left leg is straight, and his right leg is bent at the knee. The only difference is that
the man’s right leg is placed over the left leg, while Abby’s right leg was posed under her left leg.
Exhibit 31 is an image from a website on Odinism of a man wearing antlers (similar to the
crude way in which sticks were formed on Abby’s head). Exhibit 31 also resembles the crime
39
Murphy depo. p. 6, lines 13-16.
47

scene in that the man’s left leg is straight while his right leg is bent at the knee and placed under
his left leg (just like Abby was found). 40 Both Exhibits 30 and 31 were found on the internet by
Ryan Boucher during his internet research. 41
The Defense included Exhibits 32 and 33 in the event that the Court might think something
like: “well, just because those images are available on the internet concerning Odinism has nothing
to do with Brad Holder.” Exhibits 32 and 33 are image that the Defense located in the state’s
discovery. Both exhibits are the same image, with Exhibit 33 being a close-up version. The image
itself is a painting produced by the hands of Brad Holder. As the Court can see, Brad Holder
painted what the Defense would call a very creepy, serial-killer looking image of a naked man
hanging from a tree. Holder’s painting is similar in appearance to Exhibits 30 and 31.
Also, in Holder’s self-made painting, you can see that just like Abby, the hanging man’s
right leg is bent at the knee, angled toward the man’s straight left leg. Again, an overly inquisitive
man down in Georgia (Ryan Boucher) began piecing all this together without even having the
benefit of the crime scene photographs. Yet the Unified Command (with the benefit of the crime
scene photographs) apparently, either incompetently or intentionally, failed to piece together these
images which would have caused any curious investigator to continue pursuing Brad Holder as a
suspect.
Ryan Boucher’s curiosity led him to continue his research into runes and Odinism.
Boucher’s research led to an article that is a primer for Odinist sacrifice. The Defense has attached
this article by Daniel Bray entitled “Sacrifice and Sacrificial Ideology in Old Norse Religion.”42
40
The man’s hands are not similar to the way Abby had been posed.
41
See Boucher affidavit.
42
Article by Daniel Bray, Exhibit 35.
48

Within Bray’s article, he discusses the history of human sacrifice to Odin that exists in the pagan
Norse religion.
Unified Command Claims that Odinism was ruled out early because of the findings of a
Purdue Professor. However, Unified Command now Claims that it can’t remember the
name of the Purdue Professor.
Early in the investigation, one of the investigators viewing the crime scene thought that it
might be the work of Odinists practicing Odinism. 43 Unified Command’s Jerry Holeman has
forgotten which investigator it was. 44 Early in the investigation, based upon the thought that
Odinism may explain how the bodies were found and how the sticks were arranged on top of the
girls, Unified Command sought out an expert. 45 The expert was being sought in order to consider
whether the crime scene was indicative of Odinism or some other cult. 46 According to Holeman,
Sergeant Steve Buckley of the Indiana State Police was in charge of locating the expert. 47
Allegedly, the expert that Sgt. Buckley found was from Purdue. 48 According to Holeman,
he (Holeman) doesn’t know the Purdue professor’s background, “but he studies that Norwegian
Nordic Culture that Odinism is.” 49 Holeman admitted that he (Holeman) has never talked to this
Purdue professor. 50 Holeman stated that Sgt. Buckley knew the Purdue professor’s background
and furthermore that Sgt. Steve Buckley “was in communication with them.” 51
According to Holeman, the professor “was out of the country at that time, and we did not
release the photos but we released a sketch of the sticks, how they were laid and some other
43
Holeman depo. p. 63, lines 7-20. Also, p. 64, lines 19-25.
44
45
Holeman depo. p. 63, lines 7-20. Also. p. 64, lines 9-25.
46
Holeman depo. p. 63 lines 7-20. Also, p. 64, lines 19-25.
47
48
49
50
51
Holeman depo. p. 65, lines 1-3
49

information.” 52 Having reviewed everything, the professor concluded “that it was not Odinism or
any type of cult worshipping or any type of a group that would have conducted the crime.” Id.
However, Jerry Holeman told a different story to Trooper Roland Purdy concerning the
conclusions of the Purdue professor. 53 Trooper Purdy began assisting with the investigation in
March, 2017. 54 However, the first time that Purdy ever even heard the word “Odin” or “Odinite”
was “at least May or June” of 2017. 55 It’s also important to note that the first time that Trooper
Purdy heard the word “Odin” or “Odinite” wasn’t even through Unified Command or any other
law enforcement officer, but rather through Becky Patty, who is Libby German’s grandmother. 56
Becky Patty, while talking to Trooper Purdy, informed Purdy that Abby Williams had dated
Holder’s son (Logan) and that Logan’s dad was an Odinist named Brad Holder. 57 This information
interested Purdy who then talked to Holeman, and Holeman told Purdy that they had already run
the stick formations and Odin angle through a Purdue professor. 58 Holeman told Purdy that the
results from the Purdue professor were “kind of inconclusive.” 59 Purdy also believes he was
provided “a copy of what Purdue University had provided them.” 60 Upon reviewing that Purdue
report, according to Purdy, the Odinite angle was not dead. 61
In other words, Holeman did not tell Purdy (and the report did not claim) that the Purdue
conclusions were that “it was not Odinism or any type of cult worshipping or any type of a group
that would have conducted the crime.” Holeman has told one story to Purdy and yet another story
52
53
Purdy depo. p. 26, lines 10-25
54
Purdy depo. p. 24, lines 12-16.
55
56
57
Id.
58
Purdy depo. p. 26, lines 15-25 and p. 23, lines 1-17.
59
60
61
50

under oath in a deposition as to what the Purdue professor’s conclusions were concerning Odism
involvement in the murders.
The difference between concluding that Odinists and cults did NOT commit the murders
vs. that the evidence is inconclusive as whether Odinists were involved in the murders, is
significant. In the first instance, such a conclusion could theoretically explain why law
enforcement stopped pursuing the Odinite angle. In the second instance, law enforcement would
presumably continue to pursue the Odinite/cult angle based on the stick formations, girl’s body
positioning, and the “F” painted in Libby’s blood on the tree, as well other strong evidence
supporting an orchestrated abduction and ritualistic murdering of the girls. 62 As stated earlier, both
Leazenby and Liggett (privately) believed more than one person were involved based upon how
much work was needed to leave the crime scene the way that it was found. However, if the Purdue
report concluded that a band of Odinites/cultists were not involved, then arguably it could be the
work of one man.
It is very telling that Trooper Purdy had been working as an investigator on the case for at
least two months (March-May 2017) before ever hearing the word Odin or Odinite. This fact is
evidence that the Odinite angle was abandoned before Purdy became involved in the investigation
in March 2017. This point can’t be emphasized enough: the Odinite angle was abandoned by
March 2017, only a few weeks after the girls were murdered. The reason for this abandonment: a
Purdue professor had reached a conclusion concerning Odinism and the crime scene. Of course,
Holeman tells one thing under oath about that conclusion (Odinism and cults were not involved in
the murders) and another thing to Purdy (the results were inconclusive). A report may or may not
exist that does not rule out Odinism.
62
This evidence will be discussed later, but primarily involves social media posts on Brad Holder’s Facebook page
and witness statements found on a 12-page report that the Defense has dubbed the “Odin Report.”
51

The best thing to do to figure out which version of Holeman’s story to believe (if either) is
to go straight to the source: the Purdue professor, and/or to read the report that the Purdue professor
prepared. The problem is that as of the filing of this document, the Defense has been told that
Unified Command cannot identify the professor, and therefore can’t locate the professor, and in
the end may not ever be able to identify this mystery professor. 63 Additionally, the prosecution has
not provided the Defense with any Purdue report. Presumably, if the State of Indiana had such a
report in its possession, then the identity of the mystery professor would be revealed. The only
conclusion is the Purdue report is missing just as the author of the report is also missing. It is
unknown if Detective Holeman is currently searching for the mystery professor. If so, he will
probably never be found because of the incompetence surrounding this investigation and the
complete inability to conduct a comprehensive review of ALL facts and circumstances pointing to
the involvement of multiple actors in this crime.
To summarize: the crime scene is chalked full of signs of cult involvement. At least one
law enforcement officer believed that the cult involved may be Odinites. Therefore, very early on
in the investigation Unified Command claims to have found an expert from Purdue. This expert
from Purdue, according to sworn testimony of Jerry Holeman, dismisses Odinism and cultism as
being involved. The investigators move on from Odinism to the degree that when Trooper Purdy
got involved in the investigation in March 2017, he (Purdy) never even hears the word “Odinism”
or “Odinite” uttered by anyone in Unified Command. Rather Purdy hears “Odinism” for the first
time in May or June from a fact witness (Becky Patty). Now, this mystery professor can’t be found.
Two young girls were brutally murdered, and an innocent man sits in Westville being mentally
abused by Odinite guards and Detective Holeman can’t even identify the Purdue professor that
63
Prosecutor Nick McCleland informed the Defense of this development in a September 6, 2023, email.
52

caused the abandonment of the likely source of the murders? It’s very difficult to put into words
the level of incompetence, or worse, the level of intentionality on display. It would be utterly
laughable if the consequences of this dereliction of duty didn’t involve life and death. The life of
Richard Allen, and the deaths of Abigail Williams and Liberty German.
These are the facts that greatly undermine the credibility of the entire investigation and are
an embarrassment to the greater law enforcement community. As stated previously, when
determining whether a Franks hearing should be granted, the Court will be determining whether
the actions of Tony Liggett, as alleged by the Defense, were intentional or reckless. Surely a
missing Purdue Professor and missing report would qualify as either intentional or extremely
reckless conduct. Luckily for Richard Allen, Detective Murphy was thorough and organized
enough to document, in great detail, his findings on the Odin angle of the investigation. Enter, the
“Odin Report.” It seems only prudent that the Court would review this report, in its entirety, before
reading the remainder of this memorandum.
The Twelve-page Odin Report.
As part of discovery, the Defense received a twelve-page word document that provided a
summary of Trooper Kevin Murphy’s investigation of the Odinite angle. Over time, for reference
purposes, the Defense has come to call this document the “Odin Report.” Therefore, to more
clearly reference this document throughout the rest of the memo, the Defense will use the moniker
“Odin Report” when discussing this report.
The Odin Report was created by Indiana State Trooper Kevin Murphy, who thankfully was
independently curious. The Unified Command, through Liggett and Hammond, had concluded by
March 2017 that Brad Holder should be cleared as a suspect (as will be detailed later). Further,
53

Unified Command had claimed that it had concluded very early on (probably March 2017) that
Odinites were not involved (as discussed earlier). Despite Liggett and Holeman clearing Holder as
a suspect in March of 2017, and despite a mystery Purdue professor dismissing all links between
Odinism and the murders, Murphy pressed on. Murphy began investigating a man named Elvis
Fields down in Rushville Indiana, 126 miles away. The fruits from this investigation ultimately
boomeranged Murphy, as well as law enforcement officers Greg Ferency and Todd Click, back to
Brad Holder and therefore back to Odinism.
Murphy, Ferency and Todd Click’s dogged pursuit of the truth is what we citizens, and
those accused of crimes, should expect out of law enforcement. These honorable law enforcement
officers were knocking on doors and conducting interviews, going wherever the evidence led them.
Immediately following an interview, Murphy would reduce key aspects of that interview into a
word document. Over time, the Odin Report grew from a single page (from his first interview with
Mary Jacobs) to twelve pages, with the last pages used for summing up his thoughts from all the
interviews he had conducted. The Defense has attached this document to this memorandum and
marked it as Exhibit 36. Surprisingly to Murphy, even though he was handing over to Unified
Command powerful evidence that really painted a clear picture of who was involved in the
murders, Holeman and Liggett did not seem interested. Eventually, Murphy said that Unified
Command phased out the Odinite/Rush County angle. 64 He (Murphy) figured that this phasing-
out was due to Unified Command knowing things that he (Murphy) didn’t know, that eliminated
the Odinism angle. Murphy further stated: “I kind of took my marching orders and just did what I
was told and went where I was needed.” 65 In other words, Murphy trusted that Unified Command
was doing the right thing.
64
Murphy depo. P. 11, lines 1-25.
65
Murphy dep. P. 11, lines 16-22.
54

The Defense would encourage the Court to stop and review this document before
continuing to read this memorandum as the Odin Report will be discussed over the next
several pages.
Who is Brad Holder? Who is Patrick Westfall? Who is Johnny Messer? Who is Elvis
Fields? Who is Rod Abrams? And why does the evidence strongly point toward these men as
having been involved in the murder of Abby and Libby? The Odin Report provides much of the
information. However, the report is not the only source of evidence provided by the State of
Indiana that links these men to the murders. The investigative fingerprints of Todd Click and the
late Greg Ferency are prominently peppered throughout the Odin Report, as well. Click also
prepared a roughly 85-page report and delivered it to Unified Command. However, the Defense
didn’t receive this document until September 8, 2023, nearly 10 months after Defense counsel
entered their appearance.
The Defense will now show what Liggett and the rest of Unified Command knew but
refused to act on. This information is also what Liggett concealed from Judge Diener. The Defense
will include the evidence that links these men to the crime scene and to each other, including the
intimate knowledge that these men had of the crime scene that only someone who had been at the
crime scene would know.
Brad Holder’s Connections to the Crime Scene.
Brad Holder’s son (Logan Holder) was dating Abby Williams at the time of the murders.
Nobody denies this fact. Amber Holder, for example, discusses this fact on page 9 of the Odin
Report.
55

Exhibit 37 is a document memorializing the only known interview of Brad Holder
concerning the Delphi murders, at least through August 30, 2023. In that document, it is learned
Brad Holder details that he was usually in Delphi every weekend visiting his friend, Patrick
Westfall, and attending Asatru religious ceremonies at Patrick Westfall’s house, usually on
Sundays. Asatru is interchangeable with Odinism. 66 Patrick Westfall and Brad Holder had been
friends prior to the murders of Abby and Libby. In fact, Patrick Westfall and Brad Holder were
found in a photograph together as late as January 21, 2017. Find attached a copy of said
photograph, marked as Exhibit 38. Murphy noted on page 11 of the Odin Report that “Westfall
appears ten times in pictures that Holder posts on Facebook prior to February 13, 2017. However,
after Feb. 13, 2017, Westfall does not appear in any of Holder’s posed photos.”
What happened to the friendship of Brad Holder and Patrick Westfall?
Amber Holder tells a very disturbing story.
As can be viewed on page 9 of the Odin Report, Amber told law enforcement the following:
She [Amber] said that Brad spoke of Patrick one time when he was
intoxicated and said that he and Patrick got into a fight, and they no
longer speak to each other. He told her that he and Westfall were in
the woods, near a river conducting a ritual. One of them said or did
something that the other did not agree with and they no longer talk
to each other. She said the river was near Patrick’s house. Note, Brad
has a Facebook post with him and Patrick together on January 21,
2017.
Patrick Westfall was living in Delphi at xxx N. xxx Street, Delphi at the time. Find attached DIN-
0002561, marked as Exhibit 39 and filed as confidential. This document is the narrative report of
what is believed to be the only interview police conducted of Patrick Westfall. 67 The address where
66
In a report labeled DIN-C002561, Patrick Westfall described to law enforcement that Asatru was a “warrior type”
religion with many gods including “Odin” and “Thor”. This report is marked as Exhibit 39.
67
Just like Holder’s video-taped interview, as of the date of the filing of this memorandum, the prosecutor still has
not turned over the Westfall videotaped interview. The Defense only has a narrative that allegedly memorializes
Westfall’s interview. The Defense has requested both Holder’s and Westfall’s videotaped interviews.
56

Westfall was living at the time was 3.1 miles or roughly a 7-minute drive to the cemetery which is
the closet entry point to where the girls were murdered. 68
As we know from Exhibit 37 (attached to the memorandum), Brad Holder admitted that he
(Holder) spent every weekend hanging out with his friend Patrick Westfall in Delphi and
participated in Asatru religious ceremonies on Sunday with Patrick Westfall. The girls were
abducted on Monday February 13, 2017. Patrick Westfall appeared to no longer be friends after
February 13, 2017.
Defense is unaware as to whether law enforcement were even mildly curious enough to
seek Brad Holder or Patrick Westfall out to ask them about the explosive information Amber told
police about an argument over a ritual gone bad in the woods sometime in February 2017.
Additionally, Richard’s Allen’s Defense team is unaware whether law enforcement sought a search
warrant for Brad Holder’s or Patrick’s homes.
Amber Holder tells a second and equally disturbing story.
When interviewed a second time, Amber discussed another conversation she (Amber) had
with Brad Holder. She had gone to Brad Holder’s house to visit him. While the children were
upstairs, she (Amber) inquired about Patrick Westfall, under the ruse that Amber’s girlfriend had
a date with Patrick. This is what is contained on page 10 of the Odin report:
Brad became “very nervous” and told her that she needed to
stay away from Westfall, or she would “end up dead”. She said that
Brad told her Westfall and “his crew” was responsible for the
murders of the “girls in Delphi” and a fire that killed two girls. I
asked her if she knew of the fires in Flora that killed four girls and
she said she was not familiar with any fires that killed any children
until Brad mentioned it today. She said Brad may have been talking
about that fire but had the number of killed wrong. She said Brad
told her that Westfall and “his crew” had friends in several states
and that they have no problem killing “race traders”. I asked her to
68
Find attached a copy of Google Maps showing pins dropped at Westfall’s address and close to where the girls
were found. Marked as Exhibit 40 and filed as confidential.
57

clarify “race trader” and she said she believed it meant white people
who “mix” with other races.
Amber said that Brad told her that Westfall belonged to a

group called the Vinlanders and “22”. Brad told her that Westfall
had many people backing him up and “powerful friends” she said
that Brad was very nervous while telling her these things and was
whispering like he was fearful someone else would hear him…she
said that throughout the conversation Brad was constantly telling her
to stay away from Westfall. He also told her that Patrick had killed
a lot of people and it didn’t matter if they were “innocent or not.”
Amber truly believes Brad is scared of Westfall.
Prior to Amber leaving, she said that Brad told her to “stay
off Westfall’s radar” and “I can only protect you so much if you
keep asking questions.” He also told her that if Westfall found out
she was married to him that she would be in danger. Brad also
questioned her on why Westfall would be going on a “date” that he
was under the impression that Westfall was married or engaged to
someone.
(Emphasis added)
Imagine being an investigator trying to solve a horrible murder having learned all this
information. What would a good investigator do? What would good leadership in the form of
Uniform Command do with this information? We would ask the Court to think about all the tools
that law enforcement had in its arsenal to pursue an investigation once these explosive stories were
told. It doesn’t appear that Unified Command did anything. The question then may be, did they
(including Liggett) want to do anything to investigate the Odinites? Was Uniform Command, and
Tony Liggett (a member of Unified Command) acting intentionally or recklessly in the way it
conducted the investigation, and by extension was Liggett acting intentionally or recklessly in
concealing this information from Diener in his Affidavit for Search Warrant?
What else linked Holder to the crime?
58

On April 7, 2017, Holder posted a photo of a hand marked with the exact rune found on
Abby’s body.
Attached and marked as Exhibit 41 is a Facebook post that displays Brad Holder’s hand.
The photo displays Brad Holder showing off a rune that was inked onto his hand (not a tattoo, but
likely from an ink pen). This rune that Brad Holder is proudly showing off is the same rune that
the killers laid on Abby’s body using sticks. This image was posted by Brad Holder approximately
52 days after the murders. The public had no idea what the crime scene looked like, and that Abby
had sticks placed on her body like a Hagal rune. Yet, Brad Holder coincidentally was showing off
the same rune that was found on Abby? That should be important information for curious, honest
and well-intentioned law enforcement officers.
Honest Trooper Murphy admitted that the image of the rune drawn on Holder’s hand was
similar in appearance to the rune found on Abby’s body. 69 Find attached a side-by-side image of
the rune that Brad Holder drew on his hand next to Abby’s crime scene photograph, marked as
Exhibit 42 and filed as confidential. Trooper Holeman, on the other hand, refused to admit that the
two images on Exhibit 42 looked similar: "I mean it’s a stretch that you could say that’s the exact
same formation....” is what Holeman said when comparing the two. 70
By admitting that these images match or look like each other, Holeman would then have
to be admitting that Holder should have been a suspect, because the rune on his (Holder’s) hand
matched the rune found on Abby’s body when the details of the crime scene were not known to
the public. That is why honest cop Murphy admitted the obvious (that the two images look alike)
but Holeman refuses to admit the obvious. Holeman has hitched his wagon to Richard Allen’s guilt
and can’t consider any other candidate and certainly cannot concede that Unified Command’s
69
Murphy depo. P. 29, lines 16-25, and P. 30, lines 1-12.
70
Holeman p. 229, lines 15-25, and p. 230, lines 1-5.
59

investigation has been a shameful embarrassment. Therefore, Holeman has to continue the charade
of proclaiming that the two images contained in exhibit 42 don’t look similar, whether he actually
believes it or not.
However, while Holeman cannot admit that the two images on exhibit 42 look like one
another, he (Holeman) is the same person that claimed that only “minor differences” exist between
“sketch 1” and “sketch 2”. As you will learn later in the memorandum, Sarah Carbaugh claims to
have observed a man walking down the road with mud on his clothing around 3:57 pm, on the day
of the murders. The man she observed turned into sketch 1. According to Holeman, sketch 1 is the
killer, Richard Allen. 71 You will also learn later in the memorandum that Betsy Blair observed a
man on the high bridge around 2:00 pm. The man she observed turned into sketch 2. According to
Holeman, this man is also the killer, Richard Allen. 72
Later you will learn that for Liggett’s and Holeman’s timeline to work, sketch #1 and sketch
#2 need to represent the same exact person (Richard Allen). Sketch #1 is attached as exhibit 105
and sketch #2 is attached as exhibit 103. We would ask you, Judge, to take those exhibits out and
to please look at them. Those two exhibits, according to Holeman, are the same person – Richard
Allen. And they need to be the same person in order to support Holeman’s timeline. Yet, Holeman
will not admit the obvious that the men represented in these sketches look nothing like each other,
nor like Richard Allen. Needing them to be the same man, Holeman testified under oath that only
minor differences exist between sketch #1 and sketch #2. This is how entrenched Holeman is in
his position that Richard Allen is guilty. He can’t even admit the obvious. To further demonstrate
the ridiculousness of Holeman’s alleged belief that except for “minor differences” sketch #1 and
sketch #2 look alike, let’s look at what Tobe Leazenby said about sketch #1 and sketch #2. In his
71
Holeman depo. P. 114, 14-25.
72
Holeman depo. P. 115, lines 15-25.
60

sworn statement, Tobe Leazenby stated that sketch 1 and sketch 2 are in fact two different men. 73
While Richard Allen sits in a prison waiting for full disclosure of all evidence in the state’s
possession, the current sheriff and former sheriff can’t even keep their stories straight as to how
many men were involved and whether sketch #1 and sketch #2 represent the same man (Richard
Allen – as Holeman claims) or two different men (Richard Allen and someone else – as Leazenby
claims).
While Holeman will not agree that Brad Holder’s Facebook hand rune resembles the stick
formation found on Abby’s body (because that promotes Brad Holder as a suspect), at the same
time, Holeman will tell you that Sketch 1 and Sketch 2 look alike, with only “minor differences”
(because that promotes Richard Allen as the suspect). How far was Holeman willing to stretch this
incredible claim? When Holeman was asked, which resembles each other more, sketch #1 and
sketch #2 OR the two images found side-by-side in Exhibit 42, Holeman claimed that sketch #1
and #2 looked more alike to each other than the two images found in exhibit 42 look alike to each
other. We ask the Court the same question and see if you have the same answer as Holeman. Please
look at sketch #1 and sketch #2. then look at the side-by-side images on exhibit 42. Would you
claim under oath that sketch #1 and #2 look more alike to each other than the two images found
on exhibit 42 look alike to each other?
The fact that Holeman refuses under oath to admit the obvious truth should provide insight
into whether Holeman and his fellow Unified Command member, Tony Liggett, acted
intentionally in concealing information from Judge Diener.
73
Leazenby depo. p. 85, lines 22-25; p.86, lines 1-25; p. 87, lines 1-25; p. 88. Lines 1-7.
61

Trooper Purdy and Trooper Winters were aware of an eerie image on Brad Holder’s
Facebook page of what appeared to be a faked murder scene mimicking Abby and Libby’s
murder scene.
When Trooper Purdy learned from Becky Patty that Brad Holder was an Odinist, at least
for a short period of time, he was curious about Brad Holder. This short-term curiosity led to Purdy
looking into Brad’s Facebook page where he (Purdy) found a very eerie photograph. 74 This
photograph is marked as Exhibit 43. It shows two girls lying on what appears to be the ground of
a forest. The girls either are dead or are posed as if they were dead. The girls have tree limbs
arranged over their bodies. The girl in the forefront of the photograph has her left arm and hand
positioned very similarly to that of Libby’s left arm and hand (outstretched above her head). The
Defense has prepared a side-by-side photograph of the mimicked photograph compared with the
crime scene photograph of Libby which is marked as Exhibit 44 and filed as confidential. Although
both girls are dressed, and the limbs on the girls are not arranged exactly like the limbs and sticks
on Abby and Libby, the similarity of that photo found on Brad Holder’s Facebook page is
pronounced. Purdy did not think much of this photograph in terms of it implicating Brad Holder,
at least that is what he is now claiming in 2023. 75
However, even before Purdy had found that disturbing image on Holder’s Facebook page,
a tipster had beat him to the punch by finding it much, much earlier. The contents of a February
16, 2017, tip was written up in a report designated as DIN-C0000048. 76 This tip came in just two
74
Purdy discusses how he had viewed this image on Holder’s Facebook page. (Purdy depo. p. 79, lines 6-25 and
depo. p. 80, lines 1-11.
75
Purdy depo. p. 80 1-25. Purdy talks about the mimicked murder scene as just one piece of a puzzle. Because the
image had been on Holder’s Facebook page for as long as 4 or 5 years, it somewhat depressed the level of Winter’s
interest in this photograph.
76
An unredacted copy of DIN-C000048 is attached and marked as Exhibit 45 filed as confidential.
62

days after the girls were found. This tip said the following: “Father of Logan Holder, ex-boyfriend
of Libby social media shows him a member of Vinlanders, posts of half dead women and
fascination with Gothic figures and symbols out of tree branches.” Id. (Emphasis added). This
report shows that Liggett actually approved further investigation of Brad Holder based upon that
tip.
This very same disturbing image came to the attention of law enforcement a third time by
way of a gentleman named Ryan Boucher from Georgia. This tip was received by Trooper Joseph
Winters on April 12, 2017, and converted into a report. An unredacted copy of this report is
attached and marked as Exhibit 46 and marked as confidential. The Defense will hereinafter refer
to this report as the “Winter’s report”. Ryan Boucher has also signed an affidavit detailing his
failed attempts to gain the interest of Carroll County law enforcement concerning the information
that Boucher discovered on Holder’s social media accounts. That affidavit is attached and marked
as Exhibit 47. Boucher’s affidavit also details other aspects of the case discussed in this
memorandum. As the affidavit details, Boucher talked directly to then-Sheriff Tobe Leazenby
about his (Boucher’s) findings. This conversation would have occurred sometime before
Boucher’s April 12, 2017, conversation with Trooper Winters. 77 Leazenby told Boucher that
Holder was not a suspect and quickly dispensed of the phone call, as detailed in Boucher’s
affidavit.
Despite Leazenby’s comments, essentially telling Boucher that Holder had been eliminated
as a suspect, Boucher was undeterred. Boucher felt something was off and called the state police
post. As detailed in the Winter’s report, once Boucher provided his ID, Boucher then provided
Winters “pictures from Holder’s media account depicting tree limbs on the ground displaying
77
We have not viewed any report in which Leazenby memorializes this conversation with Boucher, although it
theoretically might be found in the State of Indiana’s most recent September 8, 2023, evidence dump.
63

“runes” consistent with the Odin belief system.” (Winter’s Report, p. 2). Then Winters wrote in
the report that “the provided media pictures show unknown young girls believed to be
deceased with sticks placed over their bodies. The sticks across the females on Holder’s
media were believed to be symbols or “Runes”. (Winters report, p. 2) (Emphasis added).
It should be noted that law enforcement has, to this day, still failed to turn over this
mimicked murder photograph found on Holder’s Facebook page. (i.e., Exhibit 43). Fortunately,
Defense counsel was able to find Winter’s report in the sea of evidence and, upon reading it,
understood the potential importance that this photograph may have in terms of Holder’s culpability
in the murders. The only problem is that law enforcement had failed to produce it for the Defense.
Fortunately, through due diligence, the Defense team located Boucher, drove to Georgia, and met
with Boucher who then was willing to provide the images to Richard’s Defense team and did in
fact turn those images over to Richard Allen’s Defense team. Even as recently as at his August 23,
2023, deposition, Winters stated that he was still unable to locate the images referenced in the
Winters’ report that Boucher had provided Winters back on April 12, 2017. 78 This means that if
the Defense team had not travelled to Georgia, it (the Defense) would still not be in possession of
this exculpatory piece of evidence and also would not have been able to ask questions at
depositions to law enforcement concerning those images. To this very day, the State of Indiana
has yet to turn over the images that Boucher provided Winters back in 2017.
Following his interaction with Boucher, as can be read in Winter’s report, it was apparent
that Trooper Winter’s interest was piqued. The details surrounding the February 14, 2017, crime
scene was a well-guarded secret, hidden from the public. Yet, somehow, Brad Holder (an Odinite
whose son dated Abby Williams) had: (1) an image on his Facebook page that closely resembled
78
Winters depo. p. 29, lines 20-25.
64

the crime scene, and (2) appeared to have used an ink pen to draw a rune on his hand that mimicked
the very rune that was found on Abby. Both images are described in Winter’s report. So, what did
Winters do once he realized that it appeared that Abby’s boyfriend’s dad (Brad Holder) appeared
to know intimate details about a crime scene kept confidential from the public? He spoke with
Jerry Holeman (Winters report p. 2). The information that Winters unearthed via Ryan Boucher
was so impactful on Winters that he (Winters) remembers talking with Jerry Holeman of Unified
Command. 79 Winters even recorded the following in his report: “I spoke with F/Sgt. Holeman on
April 12, 2017, F/Sgt. Holeman advised that FBI had interviewed Holder shortly at the beginning
of the investigation.” (Winters report, p. 2). In his deposition, Winters provided his reasoning:
“Yeah, I think there’s some substantial things that need to follow up on….” 80 In the same
deposition, Winters also said that he “wanted to make sure that all the information I had captured
in my time from that was passed on. And because I had just taken that information, I just wanted
to make sure if I had no contact with anybody involved in this case again, that they were aware
that I generated this supplement.” 81
Winters felt that the Boucher tip was important. He felt it so important that he wanted to
make sure someone followed up on the lead by, at a minimum, re-interviewing Brad Holder. 82
Again, it should be noted that as of September 11, 2023, the Defense has still not received the
February 17, 2017, interview of Holder. Even the State of Indiana’s most recent discovery dump
(which occurred on September 8, 2023) still did not contain Holder’s February 17, 2017, interview.
However, on September 8, 2023, Rick’s Defense team learned something very interesting:
on about September 4, 2023, Trooper Holeman finally followed up on Winter’s request by finally
79
Winters depo. p. 44, lines 19-25 and p. 45, lines 1-25 and p. 46, lines 1-15.
80
81
82
Winter’s report p. 2, Winters depo. p. 50, lines 10-15.
65

re-interviewing Holder. It only took 5+ years. The Defense still has not received Holder’s first
interview from February 17, 2017. We will see how long it takes for the state to turn over Holder’s
second interview from September 4, 2023.
If Holeman did in fact re-interview Holder on September 4, 2023, it should be noted that
the interview came on the heels of the Defense team’s contentious August 10, 2023, deposition of
Holeman. The Defense asked Holeman, “Are you going to fix these problems or are you gonna
actually look for the truth?” 83 His response: “I’m gonna look for the truth, but I think I’ve already
found the truth. But I definitely will look into this, no doubt about it, and I will find out if we have
done the follow-ups and I don’t know about it, and I will let Prosecutor McCleland know and he
can forward that information to you.” 84
The Defense looks forward to watching the first Holder interview from February 2017 as
well as the most recent Holder interview to see if Holeman treated Holder as an actual suspect, a
label befitting the strong evidence that connects him to the murders, OR if Holeman’s interview
consists of softball questions lobbed at Holder with the purpose of fending off the Defense, rather
than seeking the truth.
Brad Holder created a creepy painting of a man, believed to be Odin, hanging upside down,
from a tree, with his legs posed similar to Abby’s at the crime scene. This painting also
contains two hidden Easter eggs, including a red F rune at the base of the tree, just like the F
rune painted on the tree at the crime scene.
Previously, the Defense marked as Exhibits 32 and 33. These are the creepy images of the
painting that Brad Holder created in February 2018. The image is of a man hanging by his feet.
Brad Holder provided at least two Easter eggs in this painting for anyone following him on
Facebook. The first Easter egg is another example showcasing Holder’s knowledge of the hush-
83
84
66

hush crime scene, guarded from the general public. You will notice at the base of the tree is a rune
painted blood red. The rune looks like the letter F, just like the letter F rune at the crime scene
painted onto the tree using Libby’s blood. The other Easter egg is the date that Brad Holder placed
on the painting in the lower right-hand corner of the painting. You will see that it looks like 2/17
and then some gibberish. It looks, therefore, like a month (February) and a year (2017). Abby and
Libbie were slain in February 2017. Upon closer inspection, it appears that the date in the corner
may be 2/17/18. If so, this painting was drawn one year to the day that Brad Holder was
interviewed by the police and then essentially dropped as a suspect.
Is this just a fluke that Holder painted a red F at the base of this tree almost one year to the
day that the girls were slain when the crime scene was a guarded secret? Is it just a fluke that the
date in the right-hand corner of this eerie painting shows 2/17? Unified Command would probably
say “yes, just a coincidence.”
2016 Brad Holder video from his Facebook page shows a pagan ritual, with the most
important part at the very end…. a man that looks like Patrick Westfall appears to be using his
fingers to “paint” a tree.
Libby’s blood was found on one of the trees at the crime scene in the form of an “F” that
someone painted on to the tree, using their fingers or some type of utensil. On December 12, 2018,
Tony Ligget received an email from law enforcement officer Greg Ferency. It is a very informative
email concerning Brad Holder’s supposed alibi and the investigation into whether Holder dumped
his old phone and received a new phone number, and also whether Holder sold his vehicle after
2/13/2017. Find attached a copy of this email marked as Exhibit 48. The very last paragraph
discusses a ceremony that Holder videotaped in Fort Wayne in 2016. Ferency left a Facebook link
so that Liggett could watch the ceremony. This video was not turned over to the Defense until the
67

Defense made the specific request for the video sometime in August 2023. 85 This roughly 25-
minute ceremony itself is odd. At the beginning of the video Brad Holder is revealed as the person
videotaping the ceremony. During the last few minutes of the video, when the presumed Odinites
are dumping water at the base of the tree, you see a man that appears to be Patrick Westfall, enter
the scene. Once he is at the tree, you can see this person use his hand to (what looks like) mark the
tree. Unfortunately, the viewer cannot see with what word, letter, or symbol (if any) this person
(presumably Westfall) is marking the tree. The marking appears to occur at a similar height from
the base of the tree as the marking of Libby’s blood was in the crime scene photos.
Ferency sent a link of this video directly to Liggett. This video seems to show Westfall
marking the tree in a similar manner in which the F tree was marked with Libby’s blood at the
crime scene. Even Ferency commented on Westfall marking the tree in the email. Yet, Liggett
either intentionally or recklessly disregarded this evidence potentially linking both Holder and
Westfall to the crime scene.
F rune formed with sticks on ground resembles F rune found on the tree in Libby’s blood
Attached to the memorandum is a photo provided to the Defense in discovery from Brad Holder’s
Facebook page. The photo shows an “F” that Holder made from sticks from a tree. This image is
marked as Exhibit 50. The Defense took that image and placed it side-by-side with the F made
from Libby’s blood at the crime scene and marked that side-by-side photograph as Exhibit 51.
Again, these exhibits display yet another example of Holder posting to Facebook images
that mimic information from the crime scene unavailable to the public in two ways: (1) sticks are
85
The Defense has made a copy of this 2016 video of the Odinism ceremony filmed by Brad Holder and marked
that copy as Exhibit 49. The Defense is providing that video, as well as other exhibits referenced in this
memorandum directly to the judge’s staff in the Allen County Courthouse.
68

used, like the runes on the girls; and (2) the “F” rune is used, as the “F” rune used and painted on
the tree.
Meme that Brad Holder posted on 2/17/17 (3 days after the girls are found murdered) which
discussed how “real” friends will help you move dead bodies and then the friends will keep
their mouths shut. This meme was deleted at some point in time, but still recovered by law
enforcement.
Exhibit 52 is a meme that investigators found that had been erased from Brad Holder’s
Facebook page. This image was obtained through discovery. The meme shows a still-shot from a
scene from the movie “Goodfellas” in which the main characters are moving a dead body from
one place to another. Billy Batts’s dead body had been in one location, but later it was moved.
The meme says:
YOUR “REAL” ONES DON’T

JUDGE YOU OR ASK A BUNCH OF QUESTIONS
[Image of the Goodfellas moving the dead body]
THEY HELP YOU MOVE THE BODY &

NEVER SPEAK OF IT AGAIN
So, three days earlier Brad’s son’s girlfriend was found murdered. The girls’ bodies were
moved at the crime scene from one location where they were killed to a different location at the
crime scene where they were then found on February 14, 2017. “They (friends) help you move the
body and never speak of it again.” Tobe Leazenby and Tony Liggett (in private) know that it took
many men to accomplish all the tasks needed for that crime scene to exist the way it existed when
the bodies were found.
The timing is certainly curious. For a man who should have been mourning the brutal death
of his son’s girlfriend, a meme about moving dead bodies should create curiosity with law
enforcement, especially when considering all the other evidence that links Holder to the crime
scene. Why did Holder erase this meme? Was this meme a quick shout-out to Brad Holder’s
69

Odinite buddies thanking them for helping him with the bodies? Did this meme reveal the
brazenness and overconfidence that Holder had concerning the belief that he would get away with
the murders? These are questions that could have been posed to Holder in an aggressive
interrogation. However, for Liggett and the rest of the Unified Command, the meme was just
“nothing to see here.”
2:00 a.m. Facebook post (12 hours after the girls go missing) that says his testosterone is
through the roof. This post was later deleted as well.
Although Brad Holder told police that he went from work, straight to the gym to workout
in Logansport (in the afternoon), here is Brad Holder at 2 a.m. 86 purportedly at a fitness center
proclaiming that his “energy and testosterone is through the roof right now.” Find attached that
Facebook post, marked as Exhibit 53. Why was his testosterone so high? Why was his energy level
so high? Why did he claim to go to the gym at 2 am when he also claimed he had been to the gym
just a few hours earlier? Why was he at the gym when he was supposed to be at work in a couple
of hours? Did he go to work the next day? Why did he delete this Facebook post? Why would he
be saying these things when his son is purportedly upset about his girlfriend being missing as the
girls had not yet been found when Holder posted this message to Facebook? Law enforcement
officers, to our knowledge, never asked these questions in an aggressive interrogation of Holder. 87
Perhaps they did at the recent September 4, 2023, interview. We shall see. In Greg Ferency’s
December 12, 2018, email to Tony Liggett, Ferency had a few questions about Holder’s deleted
86
In the most recent dump of evidence, the Defense believes that some evidence may exist in which law
enforcement attempted to verify whether Holder even went to the gym. Due to the desire to file the Franks motion
and memorandum, the Defense has not had an opportunity to review that evidence, if it exists.
87
The Defense can’t be sure what was asked of Holder at either his February 17, 2017, interview, or his September
4, 2023, interviews as law enforcement have failed to provide that to the Defense, at least as the time of the filing of
this memorandum. Although, the on September 11, 2023, the prosecution informed the Defense that yet another
round of additional evidence is available for pick up. The Defense should be picking the new discovery on
September 18, 2023. Perhaps these videos will be found in the latest round of discovery, over 9 months after the
Defense entered their appearance.
70

email. This includes questioning whether Holder’s alibi about being at the gym should be further
considered. Holder’s purported alibi is discussed in a later section.
Brad Holder’s Facebook page links him to Elvis Fields in Rushville Indiana. Elvis has
admitted to participating in the murders and to now being part of a “gang”
even providing intimate details of the crime scene that only those participating in the murder
would know. Elvis followed Brad Holder on Facebook and even recreated Brad Holder’s
Facebook pages, like a fan boy.
It makes sense near the finish of this section (detailing some of the evidence that links Brad
Holder to the murders) by supplying the Court with certain Facebook posts by Brad Holder that
were mimicked and even recreated by a man named Elvis Fields. This will allow for a smooth
transition to the next suspect on whom this memo will be focused: Elvis Fields.
Who is Elvis Fields, this man that was mimicking Brad Holder’s Facebook posts from 126
miles away? You will soon learn that he is a man that has admitted to both of his sisters that he
was involved in the murders; a man that told his sister that because of his involvement he was now
part of a “gang” and had a “brother”; a man who, after providing his DNA, asked police that if he
could explain why his spit might be on one of the girls would he still be in trouble, and then
admitted to a sister that he did, in fact, spit on one of the girls; and perhaps most incriminating, a
man who provided intimate details about the crime scene…the type of detail that only those that
were at the crime scene could possess. Upon closer inspection, you will learn that Brad Holder and
Elvis Fields did in fact have a common connection: Johnny Messer, but that Elvis lied to police
claiming he (Elvis) did not know Johnny Messer. 88
Evidence provided by law enforcement shows that Elvis Fields lived in Rushville, 125+
miles away from Delphi. Additionally, Elvis (at first glance) seemingly had no connection to
Delphi or Logansport. However, once law enforcement officers, Greg Ferency and Kevin Murphy
88
Elvis’s videotaped 10/18/18 interview at the 15:20 mark, attached as Exhibit 54. The state of Indiana finally
provided this videotaped interview to defense on September 8, 2023.
71

learned that Elvis had confessed to his sisters and especially after Elvis posed a bizarre question
to Murphy, these curious law enforcement officers wanted to look at Elvis’s Facebook page and
ultimately compared it with Brad Holder’s Facebook page. What they found was extremely telling.
Elvis was obviously following Brad Holder on Facebook as evidenced by the multiple posts that
Elvis mimicked Holder. Elvis Fields was not only following Brad Holder’s Facebook page, but
Elvis was also emulating Brad Holder by recreating Brad Holder’s Facebook posts in the year
leading up to the Abby’s and Libby’s murders. The Defense is attaching a series of nine side-by-
side photographs created by law enforcement. On the left side of each exhibit is a photo that Brad
Holder posted on his Facebook page. On the right side of each exhibit is a photo that Elvis Fields
posted on his Facebook page in which Elvis took the time to actually recreate the photograph that
Holder posted. They are marked as Exhibits 55 - 63. Highlighting just a few of those side-by-side
photographs:
a. Exhibit 55 shows that Brad Holder posted an image of brass knuckles

surrounded by other weapons (guns) next to Elvis Fields’s mimicked post,
recreating a photo featuring brass knuckles surrounded by weapons (knives);
b. Exhibit 56 shows that Brad Holder posted an image of Holder placing a single
arrowhead in his hand next to Elvis Fields’s mimicked post recreating a photo
of Elvis placing a single arrowhead in his hand.
c. Exhibit 57 shows that Brad Holder posted an image of two arrowheads near
each other next to Elvis’s mimicked post recreating a photo of two arrowheads
near each other.
d. Exhibit 58 shows that Brad Holder posted a photograph of a single clear

Mason Jar next to Elvis’s mimicked post recreating a photo of a single clear
Mason jar. 89
89
Unfortunately, law enforcement failed to date the attached exhibits.
72

This mimicking is certainly curious. Especially when Brad Holder’s son dated Abby
Williams and when Elvis Fields, 125+ miles away, confessed to both of his sisters on two different
occasions that he was involved in the murders. This confession included telling one sister that
Abby Williams was a trouble maker and that is why he (Elvis) used sticks to form horns on Abby’s
head 90, and admitting to another sister that he was in big trouble and going away for a while
because he was present when the girls were murdered, and that he spit on the girls. 91 What are the
odds that Brad Holder’s son is dating Abby Williams, and 125 miles away a fan boy of Brad Holder
named Elvis Fields was mimicking Brad Holder’s Facebook posts, and that fan boy admitted to
being involved in the murders of the girls? For Liggett and Holeman, apparently, this coincidence
was nothing important.
Moreover, Trooper Roland Purdy refused to concede that Elvis’s mimicked and recreated
Facebook posts proved any connection between Holder and Fields. Trooper Purdy explained that
the mimicked and recreated photos between Brad Holder and Elvis Fields might just be a
coincidence. 92
Liggett failed to inform Judge Diener of the evidence supporting Brad Holder’s
involvement in the murders. Before moving on to the evidence that supports Elvis Fields’s
involvement in the murders, the Defense finishes the Brad Holder section by (1) discussing
Holder’s purported alibi; (2) showing the evidentiary linkage between Holder and Elvis Fields that
supports Holder luring Elvis to get involvement in the murders in order to join him (Holder) and
90
The Defense will be providing the context for these statements, including the photographs from the crime scene
that support Elvis’s statement.
91
On October 24, 2017, Elvis told his sister, Joyce Moffitt, that “I am in trouble. I am going away for a long time. I
was on that trail and that bridge with those girls when they were murdered. There were two other people there with
me when it happened. I spit on one of the girls (after they were killed). (Supplement #542, “Joyce Moffitt Interview”
(attached and marked as Exhibit 64).
92
73

Holder’s gang; (3) the circumstances surrounding Unified Command dropping the ball by
intentionally or recklessly clearing Holder as a witness within weeks of the murders.
Holder’s alibi was not scrutinized, and evidence supports Holder recruited mentally infirm
Elvis Fields to assist in the abduction and murders while Holder tried to stand behind a
shady alibi.
Holder’s alibi was not even close to fully vetted.
Whenever Holder’s name was brought up as a suspect, one reason that kept popping up as
to why Holder was cleared as a suspect was his purported alibi.
An unclassified FBI report revealed the work – or lack of work—that law enforcement
performed to check out Holder’s alibi. That document is marked as Exhibit 65. This report was
prepared on April 13, 2017. In this report, Pulaski Sheriff’s Deputy, Frederick Rogers “followed
up at Liberty Landfill in attempt to verify the employment and the work schedule of Bradly <sic>
Holder.” Susan Case from human resources stated that Holder’s timecard showed that he (Holder)
clocked in at 4:55 a.m. and clocked out at 2:45 p.m. Chase also said that she would be the only
person that could change/manipulate the electronic timecard. Chase further admitted that there was
a security camera on site. Here is how Deputy Rogers memorialized that part of their conversation:
Case advised Brad drives a “junkie” red truck to work with a “G”
on the front bumper. Case advised the security camera at the scales
may have picked up his vehicle coming and going on that date. Case
advised that Holder stays on property for his lunch break.
The short report concludes with this: “Case provided this officer a copy of the time sheet
for this week showing Brad indeed had clocked in and out on February 13th and he was still at
work on today’s date.” 93 Here’s what we don’t know about Holder’s alibi at work:
1. Did someone clock in for Holder? There is nothing that Chase said about the clocking
in process that would prevent someone else from clocking in for Holder. Whether
93
If Holder was at work the day the Deputy showed up to vet Holder’s alibi, it would have been a great time to
interview Holder and those around him to better determine if Holder was at work on Monday February 13, 2017.
74

Holder was actually at work on February 13, 2017, could have been better vetted by
simply talking to Holder’s workmates that would have been on the jobsite on February
13, 2017, to determine if they remember Brad Holder being present at work on
February 13th.
2. Did someone clock out for Holder? The same logic applies to this question. Perhaps
Holder clocked in, but then left early, and asked one of his work buddies to clock out
for him. It is unknown whether Odinites worked alongside Holder at the Landfill, as it
appears that Deputy Rogers did very little investigative work on this very important
topic of Holder’s alibi, nor did anyone at Unified Command provide instructions for
law enforcement to fully investigate every aspect of Holder’s alibi.
3. Did Chase actually watch the video? The report is so poorly written that it can’t be
determined whether Holder’s distinctive vehicle could be seen on the video, or whether
Chase was merely claiming that “hey, if you want to watch a video from the camera
placed near the scales, it may show Holder’s truck coming and going.”
4. Did anyone in law enforcement watch the video alluded to by Chase, and if so,
what did they see? It is quite maddening that the report refers to the possibility that a
simple review of a video could determine whether Holder’s “junkie” red truck with a
“G” on its front bumper was seen coming and going on February 13. However, the fact
is that this report does not inform anyone of whether law enforcement ever viewed this
video. It would be presumed that if the Deputy did watch the video, he would have
memorialized it.
5. Even if Holder’s truck was viewed on the video, was Holder the person driving
the truck as it arrived at the work site? Perhaps the video would be able to show the
image of the person driving the truck to see if it was Holder.
6. Even if Holder’s truck was viewed on the video, was Holder the person driving
the truck as it left the work site.? In the event that Holder wanted to appear showing
up for work, but then left early in someone else’s vehicle (who picked Holder up at the
site) to get to Delphi in the early afternoon, it would be important to know who was
driving the truck when it left the property.
It is only 24.3 miles or 32 minutes from Buffalo, Indiana to Delphi, Indiana. 94 Even if Brad
Holder actually clocked out at 2:45 pm, he could have been in Delphi before 3:15 p.m. If Holder
left at noon and had a buddy of his clock him (Holder) out a couple of hours early to create the
94
This distance and time was arrived at by a simple Google search of “distance between buffalo Indiana and Delphi,
Indiana.”
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illusion that Holder was there all day, then Holder could have been on the trail by 1 p.m. This is
why watching the video and interviewing employees who worked alongside Holder would have
been a critical step to take in the investigation. Asking simple questions to his workmates like:
“Did Brad leave for any period of time? Did Brad leave early? Was Brad even here?” There is no
excuse at all for failing to interview employees and for failing to watch the video. These failures
leave open the real possibility that Brad Holder’s alibi cannot be trusted without further vetting.
Did police ever consider that Brad Holder convinced his minions to abduct and participate in
sacrificing the girls until he arrived? Evidence supports this theory, including a sketch of a
man observed milling around the high bridge near the spot of the famous video. That sketch
resembles Elvis Fields, even Trooper Purdy can’t deny that fact.
Charles Manson did not serve a prison sentence for actually being the person that stabbed
Sharon Tate 16 times. Manson’s minions committed the heinous acts. Was it ever considered that
Holder had devised the plan to kill those girls and used others to do his bidding? According to
Unified Command’s Jerry Holeman, it was considered but “there’s no evidence – we have no
evidence indicating that he was commanding people to go kill people.” 95 Then Holeman
commented on this very serious topic: “I mean ask Richard Allen if Brad Holder told him to go
kill the girls. I mean you guys communicate with the guy that killed the girls.” 96 Holeman’s
comment offers insight into Holeman’s mind-blowing lack of curiosity and his limited
investigative skillset. Holeman’s refusal to consider whether evidence supported the possibility
that Holder was directing minions is par for the course of what the Defense has learned from a
review of the evidence.
Since Holeman is still not interested in facts that support the possibility or even likelihood
that Holder was directing others to participate in the crime, here are a few pieces of evidence that
95
96
Id.
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support the premise that Holeman and Liggett and all of Unified Command either recklessly or
intentionally ignored:
1. Brad Holder was from Logansport Indiana, close to Delphi.
2. Patrick Westfall was from Delphi Indiana.
3. Johnny Messer was from Rushville, roughly 125 miles from Delphi. 97
4. Elvis Fields was from Rushville, roughly 125 miles from Delphi.
5. Rushville’s Johnny Messer was a Vinlander/Odinite and good friends with fellow
Vinlander/Odinite Brad Holder from Logansport.
6. Rushville/s Johnny Messer was a Vinlander/Odinite and good friends with fellow
Vinlander/Odinite Patrick Westfall from Logansport.
7. Rushville’s Johnny Messer recruited for his Vinlander gang “all the time.” 98
8. Investigators learned that in the summer of 2016, Johnny Messer was recruiting
men that lived in his Rushville apartment complex to attend Vinlander meetings. 99
9. Also, that same summer of 2016, Elvis Fields was already mimicking, and
recreating Brad Holder’s Facebook posts. 100 This fact would provide evidence that
Johnny Messer had already recruited Elvis Fields and introduced him to Brad
Holder, and that Elvis was now following the group’s leader (Brad Holder) on
Facebook, and that Elvis was also emulating Holder.
10. The Recruiter, Johnny Messer, was a friend/acquaintance of Elvis Fields also from
Rushville.
11. The Recruiter, Johnny Messer therefore knew both Brad Holder and Elvis Fields.
12. The Recruiter, Johnny Messer knew both Patrick Westfall and Elvis Fields.
97
Find attached information on Johnny Messer provided to defense in discovery. This information appears to have
been made for a power point presentation and features Messer’s photograph and other information including the fact
that Messer was on home detention for a January 2018 Meth arrest. This document is marked as Exhibit 66.
98
Johnny’s ex-girlfriend told investigators that Johnny attempted to recruit others “all the time.” (Find attached
Exhibit 67, which defense received in discovery and appears to be a document prepared for a power point
presentation).
99
Odin Report, p. 8 “Interview of Brandon Mansfield”.
100
Exhibit 68 shows that on July 27, 2016, Brad Holder posted one of the photos mimicked and recreated by Elvis
Fields (a cross formed out of sticks on the ground, also found in Exhibit 62). Although the side-by-side photos
(Exhibits 55 - 63) are not dated, this solo photo was found providing the date that Holder posted it.
77

13. The Recruiter, Johnny Messer admitted in his October 23, 2018 videotaped
interview that Rod Abrams, Ned Smith and Elvis were all interested in joining the
same club that he (Messer) and Holder were involved in, but he (Messer) claimed
that he did not think Vinlanders would be interested in them. 101 Messer‘s comment
appears as a self-serving attempt to distance himself from being the person that
connected Holder with Elvis, in light of the fact that “Dougie” a man who was
mentally infirm had been affiliated with the club. See footnote 102.
14. Brad Holder and Patrick Westfall were known for taking advantage of mentally
infirm men who wanted to join Holder’s and Westfall’s gang (the Vinlanders).
15. When mentally infirm men wanted to join Brad Holder’s and Patrick Westfall’s
gang, they (Holder and Westfall) would take advantage of these men, including
have these mentally infirm men perform tasks. 102
16. Elvis Fields was a mentally infirm man. Trooper Kevin Murphy described Elvis as
having “the mental capacity of maybe a seven- or eight-year-old.” 103
17. Evidence provided by law enforcement shows that Elvis Fields, 125+ miles away
and with no connection to Delphi or Logansport, was following Brad Holder on
Facebook.
18. Evidence provided by law enforcement shows that Elvis Fields was not only
following Brad Holder, but that Elvis was also emulating Brad Holder by taking the
time to recreate Brad Holder’s Facebook posts in the year leading up to the Abby’s
and Libby’s murders.
19. Elvis’s Facebook mimicking of Holder’s posts may show that Elvis Fields was
enamored of Brad Holder and also wanted to be a part of Holder’s gang
(Vinlanders).
20. Holder was known to prey on lower functioning members of society and to take
advantage of them, and Elvis was a lower functioning member of society.
21. Was Holder grooming Elvis hoping that down the road Elvis would do Holder’s
bidding?
101
This whole dialogue between LEO Todd Click and Johnny Messer took place beginning at the 14:17:00 mark.
Ned Smith claimed to be the father figure of Elvis and Rod Abrams and was rarely separated from Elvis. See Elvis’s
10/18/18 videotaped interview. Ned Smith claims throughout the video that he is a father figure to Elvis and Ned. At
the 15:42:00 mark, Ned claims to be around Elvis every day in 2017. It might be telling that Ned Smith paid for
Elvis’s attorney and that Ned Smith wanted to be present at Elvis’s interview.
102
Odin Report, p. 5. Taylor Hornaday describes how Brad Holder and Patrick Westfall took advantage of a
mentally infirm man by the name of “Dougie” asking him to perform menial tasks for them. Also, find attached
Exhibit 69 which is a summation that appears was prepared by police for a power point presentation that also
discusses lower functioning “Dougie” being used by Holder and Messer as a gopher.
103
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22. Did Elvis actually do Holder’s bidding? Evidence supports that Elvis did in fact do
Brad Holder’s bidding.
23. An eyewitness observed a man within a few hundred yards of the Monon High
Bridge where the girls were abducted. That man looked like Elvis Fields.
24. The name of the eyewitness is Theresa Liebert.
25. Theresa Liebert lived on the same side of the Monon High Bridge, only 560 yards
from the very place where the famous “down the hill” video was taken. 104
26. A paved road, County Road 625 West, ends almost in front of Theresa Liebert’s
home.
27. However, that road turns into a private gravel road that continues toward the Monon
High Bridge and services the home of Brad Weber.
28. Around 8:30 a.m. on the morning of February 13, 2013, Theresa Liebert observed a
man on 625 West, near her house standing near mailboxes used by property owners
nearby. (Exhibit 126 is Liebert’s affidavit covering paragraphs 26-41)
29. Theresa Liebert has never observed the homeowners walk to their mailboxes
because of the distance from their homes to the mailboxes. The homeowners drive
their vehicles to drop off and pick up their mail.
30. Theresa Liebert had never seen this man before.
31. Theresa Liebert was in the passenger side of a truck being driven by her husband,
Dave Liebert.
32. The man Theresa Liebert observed was standing very close to the passenger side of
the Liebert truck as they passed him.
33. Theresa Liebert, sitting higher in the truck had a good view of this man’s face as
she passed him and noticed that the man appeared to be startled and concerned at
being seen.
34. Theresa Liebert, in fact, turned to her husband and asked something like “what do
you think he’s doing?”
35. After passing the man, and driving approximately 50 more yards to their driveway,
the Lieberts exited the truck.
104
See Exhibit 70, screenshot from Google Maps depicting distance between Liebert property and the location of
where the “down the hill” video was taken.
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36. After exiting the truck, Theresa looked in the direction of where the man had been
and noticed he was gone.
37. Theresa did not see him on the road at all.
38. Theresa believes the man had to immediately and intentionally hide after they
passed him on the road, which would explain his sudden disappearance.
39. The only reason anyone would be walking down that dead end road would be if
they were lost or if they were going to see the Liebert family or the Weber family.
40. Theresa also remembers that the man she observed was wearing a canvas jacket that
was nondescript in color but doesn’t remember a hat.
41. Later, Theresa Liebert was asked to provide a description of the man’s face that she
observed that morning. She did provide the description.
42. The sketch of the man that Theresa Liebert observed that morning closely
resembles Elvis Fields.
43. Even State Trooper Purdy had to admit that the Theresa Liebert sketch and the
photo of Elvis Fields resemble one another. 105 Find attached the Theresa Liebert
sketch, marked as Exhibit 71 and a photograph of Elvis Fields provided in
discovery that Purdy was comparing with the sketch, marked as Exhibit 72.
44. After the girls were murdered, Elvis told his sister that he was now part of a “gang”
and had a “brother.”
45. Was the gang mentioned by Elvis “Vinlanders” and was the “brother” Brad Holder?
Again, these are the types of questions the monumentally inept Unified Command
should have been asking.
Trooper Jerry Holeman indicated in his deposition that there was no evidence that Brad
Holder may have directed others to kill the girls. As stated earlier, Holeman even proclaimed that
Holder was not even really a suspect. The Defense disagrees. Sometimes it just takes a little
digging, a little curiosity and the ability to put pieces of a puzzle together.
105
80

Very early on, multiple tipsters contacted law enforcement, via the tip line, requesting that
Brad Holder be investigated as a suspect, but Liggett and Unified Command quickly cleared
Holder as a suspect despite mounting evidence linking Holder to Abby Williams and the
crime scene.
Within days of the girls’ ritualistic sacrifice, law enforcement started receiving tips from
citizens who thought Brad Holder was possibly involved in the murder of the girls. For example,
a report identified as “DIN-C00048” was submitted at 7:21 pm EDT on February 16, 2017. The
Narrative on this report stated the following:
Father of Logan Holder, ex-boyfriend of Libby social media shows

him a member of Vinlanders, posts of half dead women and
fascination with Gothic figures and symbols out of tree
branches (Emphasis added).
This tip intake was shown as being evaluated by Delphi investigators only ten minutes later
(7:31 pm EDT) The evaluator of that Intake concluded that this tip required a lead. Two days later,
Tony Liggett himself at that time “approved” the lead, therefore requiring further action be taken
on that lead. (Exhibit 45 was previously submitted as an unredacted copy of this document and
was submitted confidentially).
However, only thirteen days later, Liggett would change his mind as to the importance of
Brad Holder as a suspect. On March 1, 2017, at 4:27 PM EDT, a report identified as DIN-C002503
was reviewed by Liggett. DIN-C002503 was a local police report that was almost a word-for-word
regurgitation of an FBI report discussed below. At the end of DIN-C0002503, Liggett concluded
that “No Leads Required.” This means that after reviewing the contents of DIN-C0002503, Liggett
was not interested in following up on Brad Holder as a lead. (Exhibit 37 is an unredacted copy of
this document, filed confidentially).
On February 17, 2017, the FBI interviewed Holder at the Delphi Police Department. The
turnaround on interviewing Brad Holder was very quick as only 3 days had passed since the girls
81

were found murdered. Attached is Defense Exhibit 73 which is the FBI report that memorialized
that interview. According to the report:
The <sic> below is an interview summary. It is not intended to be a

verbatim account and does not memorialize all statements made
during the interview. Communications by the parties in the
interview room were electronically recorded. The recording
captures the actual words spoken. (Emphasis added).
As stated earlier, after over nine months, Rick’s Defense team still does not possess this
“electronically recorded” interview of Brad Holder, otherwise it would attach a copy of that
recording for the Court to review. Presumably, this electronically recorded interview still sits in
the Delphi police station, or possibly at the prosecutor’s office as the defense learned on September
11 that more discovery as ready to be picked up. Also, in this document, Holder told Special Agent
Robert Pohl and Hammond Police Sergeant Christopher Gootee the following:
He (Brad Holder) stated that his son, Logan, 16 years old,

was a friend of Abby. On Monday the 13th, Holder received a text
from the Delphi Police Department asking him (Holder) to call back.
Holder called the officer back and had a short conversation stating
that he had never met the girls.
The state police asked if they could examine Logan Holder’s

phone and while they were collection <sic> the phone, they
informed Logan and Brad that the girls were deceased. 106
Holder stated that he visited Delphi every weekend to hang

out with his friend Patrick Westfall. 107 Westfall lived in Delphi and
was a friend of Holder in the Army. Holder and Westfall served in
Afghanistan together.
When Holder would go to Westfall’s house, he would bring

his son Logan. Logan and Westfall’s son would generally go to
106
Richard’s defense team has not ever been provided with any electronic data taken from Logan’s phone, nor any
report of what was contained on Logan’s phone.
107
Earlier in this memorandum, it was learned that as of February 17, 2017, Brad Holder and Patrick Westfall were
no longer friends because of something that had just occurred in a pagan ritual in the woods by the river. It is
interesting to note that in this interview, Brad Holder did not let the FBI agents know that he (Brad Holder) and
Patrick Westfall were no longer friends, or the reason why they were no longer friends.
82

canal park and play basketball. Holder believed that this is when
Logan would contact Abby. Holder never actually met Abby himself
and he believed that Logan only actually met her one time as they
attended different schools.
Holder knew Logan to communicate with her on the internet

with his phone. Holder provided Westfall’s phone number as xxx-
xxx-xxx. He also stated that Westfall suffers from post-traumatic
stress disorder and is on disability.
Holder continued to state that he and Westfall started a

“Tribe” of “Asatru” followers. “Asatru” was described as a warrior
religion popular with members of the military. Holder, Westfall and
Westfall’s girlfriend, Rachel Miller, host “Asatru” meetings every
Sunday at Westfall’s house. Holder stated that there are only five to
six regular members that attend.
Holder was asked where he was on Monday. He stated that

he was at work driving machinery at Waste Management in Buffalo,
Indiana until he clocked out sometime between 2:00 pm and 4:00
pm. After work, he went to the gym, “Workout Anytime,” in
Logansport.
Again, this very FBI report was later converted into a document that was reviewed by Tony
Liggett (Exhibit 74). Upon reviewing this document, Tony Liggett concluded that “No Leads
Required.” In his August 8, 2023, deposition, Tony Ligget explained the different phrases used
concerning how law enforcement dealt with tips. In the deposition, Ligget could not remember the
exact language used to describe the situation when there was nothing more that could be done with
the tip, meaning, the tip was at a dead end. In the deposition, Liggett said that he believed the
phrase used by law enforcement officers in reports to denote when, essentially, there was nothing
left to do with the tip (i.e. a dead end) was: “No further leads.” 108 In his deposition, Liggett also
differentiated between the meaning of “No further leads” and another phrase that might appear on
reports: “fully covered.” According to Liggett, “No Further Leads” meant that “there was just
108
Liggett depo. pages 58 and 59 for context, but particularly p. 59, lines 17-21.
83

nothing to this to start with. Fully covered means someone (i.e. law enforcement) did something
with that and it – and it was completed.” 109 When pressed as to what those two phrases (“No
Further Leads” and “Fully Covered”) meant in practical terms of whether there would be an
expectation of future investigation related to the subject of the tip, Liggett said that both of those
phrases meant that law enforcement had completed the work on the tip. 110 In other words, the tip
was dead.
It is obvious between Liggett’s deposition and the language Liggett used in DIN-C002503
(“No Leads Required”) that he (Liggett) had concluded that there was no further investigation
needed of Brad Holder at that time because, as he said in his deposition, there had been nothing
there from the beginning that needed investigating concerning Holder. Meaning, no more work to
be done. No more investigation to be conducted concerning Brad Holder.
Nothing to see here. Holder had an alibi. Please look at the next suspect.
On March 1, 2017, Liggett essentially gave up on investigating Brad Holder because of
Holder’s purported alibi. At the time that decision was made, it was known that Brad Holder was
a proud Odinite who loved to post about the pagan religion of which he was a part. It was also
known that he used sticks and tree branches to form patterns similar to those left behind at the
crime scene. Exhibits 75 - 84 are just a few of the images on Holder’s Facebook pages, mostly
before Abby’s and Libby’s murder. Law enforcement also knew at that time, Brad Holder was
spending his weekends in Delphi with his friend Patrick Westfall. It was also known that Brad
Holder’s son, Logan, had some sort of “dating” relationship with Abby. This all seems like the
type of information that would absolutely require an intense and continued investigation into Brad
109
110
84

Holder, and not a “No Further Leads” tag from Liggett. It would be crazy to think that at that early
stage of the investigation, and with all that information that was already known by Liggett that he
(Liggett) would assign the designation of “No Further Leads,” ending the investigation of Brad
Holder only fifteen days after the girls were found brutally murdered at a very bizarre crime scene.
Perhaps Liggett typing in “No Leads Required” was simply a typographical error, or a
clerical error, or an unfortunate oversight. Perhaps it was a one-off circumstance. However, other
reports demonstrate that Liggett did not commit a typographical error when he typed “No Leads
Required” into the March 1, 2017, report. It was intentional or reckless.
For example, another tip had been supplied to law enforcement on March 9, 2017, at 10:17
pm under DIN-C003034. An unredacted copy of this report has been attached and marked as
Exhibit 85 and has been filed confidentially. In this report, the tipster told law enforcement that
she (the tipster) had checked Brad Holder out and found him “to be a dark and scary person, thru
some of his postings on Facebook you want to check him out.” Again, this is another example of
a citizen who knows nothing about the secretive crime-scene, unlike law enforcement who knew
that sticks and tree branches were placed on the girls. Yet, even without knowledge of the crime
scene, this tipster (like many others) 111 recognized that Brad Holder’s Facebook page was dark
and disturbing and required further inspection and investigation, especially knowing that Brad’s
son was dating Abby Williams.
As this tipster proclaimed to law enforcement about Brad Holder: “you want to check him
out.” Except the problem was that Tony Liggett did not want to check Brad Holder out. Quite the
111
After Richard Allen was arrested, defense counsel even received a tip from as far away as Australia from a
gentleman name Joe Luis who thought the Defense should focus on Brad Holder based upon a review of Holder’s
public Facebook posts. (See affidavit of Matt Hoffman, Exhibit 112). Unified Command was based only a few
miles from the murder site and thought Holder was not even a suspect, yet a man 9,000 miles away was able to
figure out the importance of focusing on Brad Holder.
85

opposite. After reviewing that particular tip sheet (Exhibit 84), as you can see at the end of the
report, Liggett wrote: “No Leads Required. Has been covered.” Essentially, Liggett was saying:
“Nothing to see here, please move on to a different suspect.” In fact, as it relates to this tip, Liggett
was doubling down on his concluding remarks. By stating both that there was “No Leads
Required” and that Brad Holder “Has been covered” there could be no doubt whatsoever that as
of March 13, 2017, (when Liggett wrote down those words) that Liggett did not want Holder
checked out any further as a suspect.
Did Liggett’s refusal to investigate influence other law enforcement officers to clear Brad
Holder as a suspect? Yes.
On March 14, 2017, a tip came in identified as CJIS-C003175. An unredacted version is
attached and marked as Exhibit 86 and filed confidentially. The tipster in CJIS-C003175 let law
enforcement know that he (the tipster) had reviewed Brad Holder’s Facebook page and posts and
felt that Brad Holder put off a bad vibe. This lead was evaluated by Kevin Hammond (who was a
member of Unified Command along with Liggett and Holeman). Kevin Hammond wrote in his
evaluation: “No Leads Required. Brad Holder has been cleared.” Again, any even moderately
curious human being would have looked at Brad Holder’s Facebook page, compared images on
Brad Holder’s Facebook page to the crime scene and then considered that Brad’s son was dating
Abby and that Brad was a part of what appeared to be a religious cult and thought: “Wow, this is
a guy we better investigate.” Instead, Hammond followed Liggett’s lead. In the system, Liggett
had already cleared Holder. So that is exactly what Hammond did when entering his findings into
the system. Now, two members of Unified Command, Tony Liggett and Kevin Hammond had
both disregarded the already mounting evidence that possibly pointed the finger at Brad Holder.
Both Tony Liggett and Kevin Hammond had stopped the investigation into Brad Holder dead in
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its tracks by claiming that Brad Holder had been cleared as a suspect only 4 weeks after the girls
were murdered.
Did anyone other than local law enforcement clear Brad Holder as a suspect early on? Yes.
On March 19, 2017, at 11:23 am EST, another tip came in that believed Brad Holder sounded like
the man on the famous audio released by law enforcement. An unredacted copy of this tip sheet
(identified as CJIS-C003669) is attached and marked as Exhibit 87 and filed confidentially. This
time, it was FBI agent Michael Peasley, following the lead of Liggett, which indicated at the
bottom of that report that “Holder had been cleared.”
On April 14, 2017, another tip came in claiming that Brad Holder had changed his
appearance following the girls’ murders. This tipster further indicated that Holder even attended
the girls’ funeral, and that although he typically did not wear glasses, he was wearing glasses at
the funeral. This unredacted report, identified as CJIS-262 is marked as Exhibit 88 and filed
confidentially.
Although other tip sheet reports exist that tell a similar story, the Defense offers up one last
report related to Brad Holder. On August 14, 2017, at 12:59 pm, a woman contacted police. The
report memorialized the tip as follows:
Two women posted to a Facebook group that Brad Holder was responsible for the
homicides. The tipster saw this post and told the police the contents of that post. The tipster went
on to summarize what she read: “Holder is a pagan, murdered the girls as sacrifices, and left an
“F” on the victims’ bodies. Holden’s son, Logan, is Abigail’s ex-boyfriend.” 112 (Emphasis
added). Obviously, the “F” left at the crime scene was not left on the girls’ bodies, but rather on
the tree, painted using Libby’s blood. However, how would this information concerning the letter
112
Exhibit 89, Intake report CJIS-3225.
87

“F” have even been known for anyone to talk about? A curious person might ask: could it be that
someone who participated in the murders had talked about the crime scene with someone, who
then talked to someone else slightly mixing up the facts as the story passed from person to person?
Law Enforcement should have viewed this tip as something extraordinarily important
because it was a tip that provided secretive information about the crime scene not known by the
public. This information about an “F” being left at the scene was not only unavailable to the public,
but there is no evidence that it was being discussed on the internet. This tipster could have been
interviewed. The Facebook group members could have been interviewed. The state police or FBI
tech people could have tracked down the people that posted this information to determine from
where they received this “F” information. Continued investigation as to the source of the
knowledge of the “F” discussed on the chat group could ultimately lead to someone who was at
the crime scene and participated in the murders. That is what good law enforcement would do.
Instead, what happened? As you can see on Intake CJIS-3225, any potential investigation
stemming from this potentially game-changing information of someone’s knowledge of the letter
F being involved in the crime scene ended before it even began. The Defense has marked an
unredacted copy of report CJIS-3225 as Exhibit 89 and filed it as confidential. The law
enforcement officer that initially evaluated the tip must have understood the importance of
mentioning the letter “F” because “conduct follow up” was the request made. However, the next
person in the chain, Roland Purdy, upon reviewing the tip simply followed the previous lead of
Liggett and Hammond. When it came to possibly further investigation of the tip generated from
CJIS-3225, Roland Purdy, in a report identified as “INVEST Lead-DIN-940, called Brad Holder
“fully covered,” (i.e., nothing further to do). Who were these people that somehow knew about the
F at the crime scene and how did they obtain that information? The world will never know because
88

Trooper Purdy followed Liggett’s and Hammond’s lead and buried that tip by claiming that Brad
Holder had been cleared as a suspect.
To conclude this section on evidence of Brad Holder’s involvement, Richard Allen’s
Defense team would tell the Court that Liggett was aware of the many ways (detailed in this memo)
in which Holder was tied into the Delphi murders. Yet despite this evidence linking Brad Holder
to the crime, this is the dialogue between Liggett who was answering Defense counsel’s questions
at Liggett’s August 8, 2023, deposition concerning what Liggett claims his knowledge of Brad
Holder was: 113
Q: Okay. So, Brad Holder then. So, was there any other reason
that Brad Holder was a suspect or at least a person of interest
other than the fact that his son Logan dated Abby?
A: I’m sure there was, but I can’t – I don’t recall without

reviewing his information.
Q: Nothing stands out to you as you sit there about why Brad
Holder might have been a suspect?
A: No.
Q: Other than the – connection with his son and Abby, is that
right?
A: Correct. 114
Liggett was on the Unified Command. Liggett was heavily involved in the investigation of
the murders. To feign ignorance like that concerning the Brad Holder component of the
113
At this deposition, the Defense made a strategic decision to not alert Liggett that it (the Defense) was fully aware
of the Odinist ties to the crime scene, as well as the evidence linking Holder to the crime scene. The Defense wanted
to determine whether Liggett would be honest or whether Liggett would try to water-down any discussion of
Odinism and Brad Holder in an attempt to keep the Defense off of the scent of Odinism and Holder. Liggett took the
bait. The dialogue provides insight into Liggett’s mentality: he (Liggett) was going to get the Defense to believe
essentially that there’s nothing to see here concerning Brad Holder and Odinism and the connection to the crime
scene. Please move on.
114
Liggett depo. p. 109, lines 24-25 and p. 110, lines 1-9.
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investigation is astounding. Unified Command was fully aware of the Murphy/Ferency/Click
investigation tying Johnny Messer and Elvis Fields to Brad Holder. In the deposition, Liggett had
the opportunity to open up and say something like: “Brad Holder was heavily investigated. There
was even a thought that he was tied into some guys down in Rushville. If you don’t have that
evidence yet, let me get that to you. In the end, we didn’t think it added up.” Instead, Liggett took
the bait and obviously tried to steer the Defense away from the Brad Holder evidence linking
Holder to both the crime scene and to the Rushville crew. With Liggett’s answer here, it is not
surprising at all…zero…. that Rick’s Defense team did not receive important discovery concerning
the Rushville investigation, particularly Click’s April 28, 2023, certified letter to McCleland, until
September 8, 2023. Again, McCleand only provided this discovery after Liggett and the
prosecution realized that the Defense was fully aware of the Rushville connections, and it was only
a matter of time before we would learn of that non-discovered exculpatory evidence.
Liggett either intentionally or recklessly concealed the Odinite/Brad Holder information
from Judge Diener in his October 13, 2022, Affidavit for Search Warrant. Then Liggett and
McCleland attempted to conceal exculpatory information from the Defense.
Had Judge Diener known of this concealed evidence, then Diener would not – or should
not – have signed the warrant. And had the Defense not dug in hard and found the needles in the
haystack that led to its knowledge of Holder and Odinism, then the Defense may never have
thought to ask for the missing discovery, and McCleland would never have turned over the Click
letter to the Defense. Without the Click letter the Defense would not have learned of other
exculpatory evidence.
The facts show that Liggett acted intentionally and recklessly.
90

Elvis Fields’s connections to the crime scene.
The Defense has previously discussed and presented the side-by-side photos that
demonstrate that Elvis was mimicking Brad Holder by taking the time to recreate Holder’s
Facebook posts. Elvis would then post the recreated Facebook posts. What else did Ferency, Click
and Murphy unearth in their investigation that would connect Elvis to the crime scene? The Odin
report provides much of that connective tissue.
I’m now part of a gang and have a brother.
On page 1 of the Odin report, Mary Jacobs told law enforcement that on February 14, 2017,
Elvis was rambling, hyper and borderline incoherent. He was talking about having a “brother”
(even though Elvis had no male siblings) and was now part of a “gang.” Elvis told Mary that he
had been on a bridge with two girls that were killed. Elvis told her that someone named Abigail
was a pain in the ass and a troublemaker. She said Elvis tried to give her (Mary Jacobs) a blue
jacket. She told him that she had her own jacket.
After Elvis made these statements to his sister, Mary Jacobs, she later became aware of the
Delphi murders and put two and two together. Sometime 2-3 weeks after Elvis made the
statements, Mary Jacobs and her husband (Troy) drove to Delphi. While in Delphi, March Jacobs
talked to law enforcement about the things Elvis had told her on February 14, 2017, but “due to
the mass amount of tips that were generated, her information may have been overlooked. 115 The
Defense has requested that the prosecutor locate the tip sheet that contains accurate details as to
exactly when Mary Jacobs and her Husband visited law enforcement officials in Delphi, and what
was communicated during this visit. Unfortunately, this is yet another piece of evidence that the
Defense has not received.
115
Intake CJIS-4466, paragraph 5. This unredacted intake sheet with “Delphi Double Homicide” written at the top
of the page is attached to this memorandum and marked as Exhibit 90.
91

If my spit is found on the girls, but I can explain it away would I still be in trouble?
In December 2018 Mary Jacobs enlisted the help of an old acquaintance of hers named
Misty Moore. Since law enforcement had not followed up with Mary Jacobs from earlier in the
year when she drove to Delphi and described what Elvis had told her, Mary was still concerned
that Elvis was involved in the murders, but nothing was being done about it. Misty Moore worked
for Homeland Security out of Greenfield and Mary was hoping Misty could assist in locating
someone from law enforcement to become interested in Elvis Fields. Mary talked to Misty Moore
who then passed this information on to the proper law enforcement channels. 116 In January 2018,
Mary was interviewed. On February 1, 2018, state police gave Mary Jacobs a polygraph to
determine whether Mary was being truthful about what Elvis had told her almost a year earlier.
Mary passed the polygraph. More on that later. Based upon what Mary Jacobs had told law
enforcement in January 2018, and based upon Mary Jacobs passing a polygraph in February 2018,
law enforcement interviewed Elvis on February 27, 2018. This interview was videotaped, but the
Defense team just received this video on September 8, 2023.
Jerry Holeman from Unified Command conducted this interview of Elvis. Kevin Murphy
was also present. During this interview, Elvis agreed to take a mouth swab that would be used for
DNA. Jerry Holeman and Kevin Murphy, both with the state police, explained the purpose of the
mouth swab with Elvis, so Elvis was aware that the DNA from this mouth swab would be
compared to any DNA from the crime scene. At the conclusion of the interview, Trooper Murphy
dropped Elvis off at his trailer. As described on page 1 of the Odin Report, after Elvis exited the
police vehicle and walked toward his trailer, Elvis turned around before entering his house and
walked back to Trooper Kevin Murphy’s vehicle. When Elvis came near the squad car, Elvis posed
116
The unredacted copy of Investigative Thread – 12253 is attached and marked as Exhibit 91 and filed
confidentially. It details the circumstances surrounding how Misty Moore became involved.
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the question to Murphy: What would happen if his (Elvis’s) spit is found on one of the girls, but
he (Elvis) has an explanation? Would he still be in trouble? Elvis then walked back to his trailer.117
Upon hearing that troubling but incriminating comment, Trooper Murphy immediately
called Unified Command and communicated with Detective Jay Harper. 118
On August 22, 2018, Elvis’s other sister, Joyce Moffitt, was interviewed by law
enforcement officers Kevin Murphy and Greg Ferency. On two previous occasions Joyce had
denied that Elvis had made incriminating statements to her.119 However in this third interview,
Joyce reluctantly recounted to Ferency and Murphy statements that Elvis had made to her in the
fall of 2017. According to Joyce Moffitt, sometime in the fall of 2017, Elvis Fields moved in with
her (Joyce Moffitt) following the death of her boyfriend. 120 Joyce recounted the following
statements Elvis made to her in the kitchen in October 2017, at a time when they were living
together under the same roof:
I am in a lot of trouble. I am going away for a long time. I was on

that trail and that bridge with those girls when they were murdered.
There were two other people there with me when it happened. I spit
on one of the girls (after they were killed) (Emphasis added).
Not only did Elvis make the incriminating statement about going away for a long time and
being on the trail where the girls were murdered, but Elvis also confirmed to Joyce that he had
indeed spit on one of the girls. Although Elvis reassured Murphy that he (Elvis) would be able to
explain the spit, it is unknown at this point if Elvis has provided that explanation.
Elvis lied to police, claiming he did not know Johnny Messer, even though Johnny Messer
said he not only knew Elvis, but that Elvis was interested in joining Messer’s and Brad
Holder’s Vinlander crew.
117
Unfortunately, this “spit” comment made by Elvis to Murphy was not recorded, but Elvis did admit at a later
interview that he “somewhat” remembered this comment concerning the spit. (Elvis’s 2nd interview, June 2018, at
the 14:40:25 mark).
118
119
Unredacted supplement #542 “Joyce Moffitt Interview” marked as Exhibit 64 and filed as confidential.
120
Id.
93

In his June 2018 interview, Elvis unequivocally denied knowing the Recruiter, Johnny
Messer. 121 However, in his October 2018 interview, Johnny Messer tells a different story. In that
October 23, 2018, interview Johnny Messer states that Elvis lived with his (Johnny’s) Uncle Billy
Messer. 122Johnny Messer further stated in that interview that he (Johnny Messer) would take
firewood to his uncle’s home during the winter that Elvis was living with Billy Messer. Most
importantly, Johnny mentions that Elvis, Elvis’s boss (and self-described father-figure) Ned Smith
and Elvis’s roommate Rod Abrams all were interested in joining Johnny Messer’s Vinlander club.
Remember, Brad Holder was also affiliated with that “club.” 123 However, Johnny Messer claims
that the Vinlanders would not be interested in the likes of Elvis, Rod Abrams, and Ned Smith.
The importance of Elvis lying to police about knowing Johnny Messer cannot be
understated. Elvis had to know that if he (Elvis) was connected to Johnny Messer then he (Elvis)
would eventually be connected to Brad Holder. It should again be noted that it is interesting that
Ned Smith pursued an attorney for Elvis 124 and that Ned Smith wanted to sit in on Elvis’s October
2018 interview with police. In doing so, Ned was able to learn what type of questions were being
asked of Elvis and provided Ned the ability to end the interview if Elvis started saying anything
incriminating to Elvis, Ned, or Rod Abrams. This person who wanted to sit next to Elvis at the
121
Elvis’s June 2018 interview approximately at the 15:20:00 mark, attached as Exhibit 92. This denial is important
as it is evidence that Elvis knew that a connection with Johnny Messer would connect him to Brad Holder.
122
All this information can be found in Johnny Messer’s October 23, 2018, interview, beginning at the 14:19:00
mark. This videotaped interview has been copied onto a flash drive and marked as Exhibit 93 and provided to the
Court’s staff.
123
Id.
124
In Supplement #523, on June 28, 2018, Attorney Jill Gonzales contacted Trooper Jay Harper and informed
Harper that Elvis would not be taking a polygraph pursuant to her advice. Trooper Harper told the attorney that if
Elvis refused to take the polygraph that Elvis could not be excluded as a witness and would always possibly be
under consideration as a person of interest. Then, in spite of his claims that Elvis would continue to be a person of
interest, Harper ended the report by indicating that “No further <sic> at this time will be conducted regarding Elvis
Fields. In other words, Harper was talking out of both sides of his mouth, telling the attorney that Elvis would
continue to be a suspect, but then closing the book on Elvis by stating that there was nothing further to do at this
time. (Supplement #523 narrative is marked as Exhibit 94 and attached to this memorandum.)
94

interview and had previously paid for an attorney for Elvis is the same Ned Smith that, according
to Johnny Messer, wanted to join Brad Holder’s Vinlander crew.
Elvis’s Purported Albi

(Rod Abram’s lied about where he and Elvis were on February 13, 2017, and Rod Abrams’s
false alibi conflicted with the alibi that Elvis provided to police)
At his June 20, 2018, interview, Elvis Fields told Ferency and Murphy that he (Elvis)
remembered being at home in Rushville 492 days earlier on February 13, 2017. It is quite a
remarkable feat for someone with Elvis’s mental capacity to remember a specific day 492 days
earlier. Some people, like actress Marilu Henner, are blessed with something called
“autobiographical memory” which allows that person to remember specific days in their lives even
years and years later. As previously noted by Murphy, in his opinion, Elvis Fields had the mentality
of a seven- or eight-year-old. 125 Still, rather than admit that he (Elvis) had no idea where he was
on February 13, 2017, Elvis claimed he specifically remembers not leaving Rushville on February
13, 2017. 126
The Rod Abrams Problem.
On August 29, 2018, Ferency and Murphy interviewed Rod Abrams. When asked where
he and Elvis were on February 13, 2017, Rod Abrams said that he, Elvis and Ned Smith were in
Muncie on that day visiting a sick friend at the hospital. 127 Autobiographical memory must be in
the water in Rushville as Rod Abrams, when interviewed, was able to remember exactly where he
was 562 days earlier. In addition to remembering that they were at the hospital in Muncie, Rod
125
Murphy Depo p. 21, lines 14-17.
126
Page 1 of the Odin Report, and June 20, 2018, interview at the 14:35:40 mark. Also, in his first interview, Elvis
told police that he had “proof of witness” that he didn’t leave Rushville. February 27, 2018, interview at the
14:29:16 mark, this video is provided on a flash drive as Exhibit 95.
127
Odin Report p. 3.
95

also stated that both he and Elvis had their phones with them. When told that law enforcement
would check cell phone records to see if Rod was actually at the hospital in Muncie, Rod explained
that “hospitals cut cell reception on phones because they interfere with hospital equipment.” So,
their phones probably would not show that they were at the hospital in Muncie.” 128 In Supplement
#542, “Joyce Moffitt Interview” provided in discovery, handwritten notes, presumably of law
enforcement state the following: “Fields, Ned Smith, Rod Abrams – not in Muncie on 2/13/2017
at hospital.” This was the conclusion of law enforcement, and obviously Rod Abrams’s ridiculous
statement that their phone records would not confirm that their phones were at the hospital because
of hospital equipment is common sense evidence that Rod Abrams was lying as well.
The Phone Problem.
On February 13, 2017, phone records apparently show that Elvis’s phone stayed in the
same place in Rushville from approximately 10:30 am until approximately 7:30 pm.129 Phone
records also show that Elvis, for some reason, did not use his phone whatsoever for roughly 9
hours. Elvis told law enforcement that he usually kept his phone on him. 130 As stated in the
previous paragraph, Rod Abrams stated that Elvis had taken his phone to Muncie to visit the
mystery friend at the hospital. However, phone records show that Elvis’s phone was in Rushville
during that timeframe.
The phone problem is two-fold: (1) Elvis’s phone remaining at his home for roughly 9
straight hours conflicts with Rod Abrams professed alibi for Elvis, Ned Smith, and Rod Abrams;
(2) in today’s day and age, it would seem highly unlikely that Elvis simply did not pick up his
128
Odin Report, p. 3.
129
The Defense has not received any phone records yet but are relying on p. 1 of the Odin report for this
information.
130
Elvis Feb. 27, 2018, interview at the 14:02:30 mark.
96

phone for roughly 9 hours, especially when Elvis claimed that he usually kept his phone with him.
The takeaway for any curious investigator would also be at a minimum two-fold: (1) Rod Abrams
lied about being in Muncie, but Elvis forgot to stick with that lie; (2) Elvis went up to Delphi but
was told to leave his phone behind so that phone data would not show that he (Elvis) was in Delphi.
It is unknown if Rod Abrams or Ned Smith’s phone records were ever recovered.
Suffice it to say, Elvis’s and Rod Abrams “alibis” are beyond highly suspicious.
Elvis described forming horns out of sticks and placing them on Abby’s head and crime scene
photos confirm Elvis’s statement.
Perhaps the most damaging piece of evidence that links Elvis to the crime scene was found
in an unusual place: the middle of a report that memorialized the results of Mary Jacob’s polygraph
examination. 131 In Mary’s “Pre-examination interview”, polygraph examiner Stephanie Thompson
recorded that Mary Jacobs stated the following: “Elvis told her (Mary) Abigail is a little
troublemaker, that he placed leaves on her and used sticks to give her horns.” 132
Horns and antlers are common symbols used in pagan rituals and Brad Holder himself
displayed the Odinite fascination with horns on his Facebook posts. Find attached Exhibit 97 from
Brad Holder’s Facebook page. As you can see, the middle photograph is an image of a person with
small, stick-like antlers on the top of their head.
Find attached a close-up photograph of Abby’s head from the crime scene 133. From a
distance, it may not be immediately noticeable. However, upon closer inspection it is obvious that
someone involved in the killings intentionally placed small sticks from a tree on top of Abby’s
131
A copy of said report is attached to this memorandum and marked as Exhibit 96, filed as confidential.
132
Page 3 of Exhibit 96 (the polygraph report).
133
See Exhibit 98, close up photograph of sticks above Abby’s head from the crime scene, marked as confidential.
97

hair to resemble horns or antlers. The horns formed from sticks on Abby’s head looks similar to
the image found on Holder’s Facebook page (Exhibit 97).
The Defense has not viewed one single report that discusses the sticks placed atop Abby’s
hair shaped like horns/antlers being compared with Elvis’s statement to his sister that he shaped
sticks into horns on Abby. Therefore, the presumption is that Unified Command never figured this
out. Trooper Purdy was present at the polygraph examination but was not able to watch the
examination and therefore would not know about Elvis’s words to his sister Mary about using
sticks to form horns on Abby. 134 Rather than now being curious in the year 2023 as to how Elvis
knew such a thing, and then using this new information as a basis to secure a search warrant or
even an arrest warrant on Elvis (when factoring in all of the other evidence), sadly it is expected
that law enforcement will do the exact opposite of being curious. It is expected that law
enforcement will claim that the photograph does not prove anything, or that the Defense is
exaggerating the photograph. Perhaps Unified Command will huddle together and establish the
go-to party line stance on how to deal with the problems created with the polygraph examination
information and photo of sticks formed as horns on Abby’s head in the crime scene photographs.
It would be refreshing if someone in Unified Command could stop worrying about how the public
will view their incompetence, admit to mistakes, and then perform the type of police work that
should have been performed 6 years ago. The Defense is not holding its breath. As the Defense
told Holeman in his deposition, the unfortunate expectation is that Holeman and Liggett will try
to figure out how to solve that problem rather than to solve the case of who murdered those girls.
Elvis’s insider knowledge of the crime scene may be a place for Holeman to start.
134
98

Again, part of the Franks analysis involves the Court reviewing the behavior of law
enforcement to determine whether Liggett intentionally concealed and falsified evidence in
Liggett’s Affidavit for Search Warrant. Liggett and Holeman and the rest of Unified Command’s
reaction to the information contained in the polygraph examination, concerning sticks formed into
horns on Abby’s head, may very well reveal whether Liggett is interested in the truth, or in burying
the truth. Which again, is part of the Franks analysis.
Patrick Westfall’s Connection to the Crime Scene.
Much of what connects Patrick Westfall to the crime scene has been discussed in the
section detailing what connected Brad Holder to the crime scene. To shorten this section, the
Defense will numerically lay out both the evidence previously discussed as well as a few other
pieces of evidence that tie Westfall to the crime scene: 135
1. Brad Holder and Patrick Westfall were friends at least until late January 21, 2017, as
proven by Facebook photo previously attached.
2. However, according to Amber Holder and law enforcement monitoring Facebook posts
between Holder and Westfall, a fight between Brad Holder and Patrick Westfall
occurred sometime in February 2017 concerning a ritual gone bad in the woods near a
creek.
3. In the Odin Report, Brad Holder told Amber Holder that the person that murdered the
girls was Patrick Westfall and his crew.
4. Furthermore, as referenced in the Odin Report, Brad Holder told Amber Holder that
Patrick Westfall is dangerous and has powerful friends that will protect him and that
she (Amber Holder) needs to back off or he (Brad Holder) will not be able to protect
her.
135
If the fact or piece of evidence has been discussed in a previous section, the Defense is not going to drop a
footnote to that reference as currently the Defense has 126 footnotes and believes the Court may appreciate not
duplicating footnotes to reference exhibits already discussed and attached to this memorandum. This will help
shorten the already long memorandum.
99

5. Brad Holder told law enforcement that Patrick Westfall has Post Traumatic Distress
Disorder (PTSD). 136
6. The video or the ritual in Fort Wayne that Ferency sent to Liggett and which has been
attached as an exhibit shows Brad Holder videotaping someone that looks like Patrick
Westfall using his fingers to “mark” a tree in the ceremony at about the same height
that the F tree was marked with Libby’s blood, leaving the question of whether Patrick
Westfall marked the F tree the same way that he marked the tree in the Fort Wayne
ceremony video.
7. Patrick Westfall lives within a 7-minute drive of where the girls were murdered.
8. Johnny Messer and Brad Holder commonly hung out at the Monon High Bridge and in
the woods around the Monon High bridge. 137
9. Patrick Westfall also admitted that he knew the woods around the Monon trail very
well. 138
10. A Patrick Westfall Facebook post from just two months before the girls are murdered
shows Westfall cutting tree limbs into runes by slicing the tree limb with an electric
saw creating clean, smooth edges to the tree limb. 139
11. In that Facebook post, Brad Holder is commenting “Cutting runes!!!!”
12. At the crime scene, one of the tree limbs placed on Abby has its end sliced cleanly and
smoothly, similarly to the way that Patrick Westfall is slicing the tree limbs in Exhibit
98.
13. Westfall’s alibi for February 13, 2017, is that on the day of the abduction, he (Patrick
Westfall) was at home with his son, Nick.
14. There is no evidence that law enforcement knocked on doors to determine if Patrick
Westfall was at home at that time, nor any evidence that law enforcement walked
around the neighborhood to see if any Ring door cameras or any other type of cameras
caught Patrick Westfall leaving the house. Law enforcement just believed Patrick
Westfall.
15. Patrick Westfall was a pastor for a religion known as Asatru, “which is a warrior type
of religion with many gods including Odin and Thor. 140(Emphasis added)
136
An unredacted copy of report DIN-C002503 is attached hereto and marked as Exhibit 37 and filed as
confidential.
137
Messer October 23, 2018, videotaped interview that the Defense just received on September 8, 2023. This can be
heard at the 14:05:00 mark.
138
DIN-C002561, an unredacted copy is attached hereto and marked as Exhibit 39, filed as confidential.
139
Find attached Exhibit 99 which is the Facebook post of Westfall cutting tree limbs into runes.
140
DIN-C002561, previously marked as Exhibit 39, and filed as confidential.
100

16. Patrick Westfall and Brad Holder were both affiliated with Vinlanders “club” or gang,
along with Johnny Messer. 141
17. On March 2, 2017, only 16 days after the girls were found murdered, Unified
Command member Kevin Hammond indicated that there was no lead required
concerning Patrick Westfall, meaning no further need to investigate Patrick Westfall.
Patrick Westfall is connected to the crime scene in multiple ways. It is unknown if Brad
Holder threw Patrick Westfall under the bus to Amber Holder in order to take the stink off of
himself (Brad Holder) or if Brad Holder knows that Westfall murdered those girls and then marked
the tree like he did in the Fort Wayne ceremony. Either way it cannot be understated that one
single, solitary softball interview between law enforcement and Patrick Westfall is disgraceful
considering everything listed above that links Westfall to the crimes. Let’s repeat that. It appears
that Westfall was interviewed one time, on February 19, 2017. Two weeks later (on March 2, 2017)
Westfall was eliminated as a suspect. The Defense is unaware of any search warrants requested on
Patrick Westfall to determine whether this Asatru pastor had taken clothes of Abby or Libby as
ceremonial keepsakes, or even if he had saved Abby’s blood. By looking at the 5-paragraph report
generated from the only interview of Patrick Westfall, it looks like law enforcement did nothing
but lob giant softballs at Patrick Westfall, rather than conduct an intense interrogation the way
citizens would expect for someone that the evidence shows is so closely connected to the crimes.
141
This information is contained in multiple places such as DIN-C002561 (Exhibit 39) and in various points in
Johnny Messer’s October 23, 2018, videotaped statement that was only provided to the Defense on September 8,
2023. Unfortunately, the Defense did not have time to cull the exact time stamps for those references, wanting to get
this motion/memo on file, but can provide that to the Court if necessary, so that the Court does not have to watch the
entire video.
101

Johnny Messer’s Connection to the Crime and Crime Scene.
As has previously been discussed, Johnny Messer was close with Brad Holder and Patrick
Westfall, and also knew Elvis Fields, Ned Smith and Rod Abrams. 142 Furthermore, as previously
discussed, Johnny Messer was a recruiter for Vinlander. (See footnotes 98 and 99). Also, as
previously stated Ned Smith, Rod Abrams and Elvis Fields all hoped to join the Vinlander club,
according to Johnny Messer.
Around Valentines 2017, Johnny Messer went “up there” to Delphi to hang out with his
Vinlander buddies. (See Odin report, p. 5). As stated earlier, Patrick Westfall claimed to be at
home in Delphi on February 13, 2017, and Brad Holder claimed to be in Logansport on February
13, 2017. Therefore, if Johny Messer was going “up there” to visit his Vinlander buddies, he
(Johnny Messer) was going to Delphi to spend time with Westfall who was like Messer’s brother
or possibly to Logansport to visit Holder.
When Messer came back from being in Delphi around Valentines Day, the vehicle he drove
to Delphi had blood along the side of the vehicle and he (Messer) had no explanation for the
blood’s existence. Taylor Hornaday had to go to the car wash multiple times to clean off the
vehicle. (Odin Report p. 6).
Evidence shows that the Recruiter, Johnny Messer was the connective tissue between the
Delphi crew and the Rushville crew. Unified Command overlooked these connections and
furthermore Liggett failed to inform Judge Diener of these connections to the murder scene.
142
Johnny Messer October 23, 2018, videotaped interview, at the 14:05 mark and also the 14:17 mark.
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Rod Abrams Connection to the Crime Scene.
Rod Abram’s told police a lie about his whereabouts on February 13, 2017. This was
discussed and referenced in Elvis’s section, as was the fact that Elvis’s alibi conflicted with Rod
Abram’s alibi. Here are a few other evidentiary nuggets picked up from the Defense’s review of
Rod Abram’s February 27, 2018, interview that the prosecution just provided to the Defense on
September 8, 2023. 143 Some of these evidentiary nuggets from Rod Abram’s videotaped interview
incriminate Elvis Fields.
1. Elvis had been working for Ned Smith since 2005, but then stopped working for Ned
in 2017, the same year as the murders. (5:15 mark of video 1).
2. According to Rod Abrams, Elvis was communicating with a 12-year-old girl on the
internet and discussing inappropriate things (12:07 mark of Rod Abrams video, marked
as Exhibit 100).
3. Elvis used Facebook to communicate to young girls aged 13, 14 and 15 (found at the
13:45 on Rod Abrams’s second video, marked as Exhibit 101.)
4. When law enforcement asked Rod: “Has he (Elvis) ever talked about doing anything
to a couple of girls” there is a long pause. Then Rod Abrams finally said: “No. The law
enforcement officer then said: “Are you sure”. Rod responded: he’s never…. I mean….
he has….I mean…” The law enforcement officer then says, “You kind of hesitated
when I asked you that. (15:07 mark of Abrams second video)
5. When Rod Abrams is asked if Ned Smith and Elvis will also say that they all were in
Muncie on February 13, 2017, Rod Abrams doesn’t answer the question, but after
another long pause tells a long-rambling story about how Ned doesn’t always
remember things. (9:30 mark on Rod Abrams video 2)
6. Finally, law enforcement asks Rod if they can look at Rod’s phone to see any texts
between Rod and Elvis, he (Rod) refuses claiming that Elvis no longer has his phone
number after Rod changed phones. (9:00 of Rod Abrams third video, marked as Exhibit
102).
7. According to Johnny Messer, Rod Abrams (along with Elvis and Ned Smith) were all
interested in joining Messer’s and Holder’s Vinlander club.
143
The Defense has had very little time to review the voluminous amount of discovery dumped on the Defense on
September 8, 2023, including hours upon hours of never-been-seen-before videos. Therefore, the Defense will do its
best to detail the important aspects of the Rod Abrams video with reference to the mark in the video where the
words are spoken.
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The lies about Elvis’s alibi should have been especially alarming to Unified Command.
However, the items enumerated above all should cause Unified Command to pause about Rod
Abrams and Elvis Fields’s involvement in the murders.
Conclusion of Part II
Part II was dense with information. However, the Court should be able to see that Tony
Liggett knew about the obvious connection between Odinism and the murders, and specifically
the connection to Brad Holder, Patrick Westfall, Johnny Messer, Elvis Fields, and Rod Abrams
based upon the evidence provided to the Court. The fact that a mystery Purdue professor
purportedly led the Unified Command off the scent of Odinites is preposterous. Additionally,
according to Todd Click’s affidavit, the FBI cold case unit determined that Odinites were involved
in the murders, but Unified Command did nothing to investigate the Odinites. Unified Command
seemingly rebuffed the Rushville investigators (Ferency, Murphy and Click) who believed, based
upon a large collection of evidence, that Holder, Westfall, Fields, Messer, and Abrams were all
involved.
Liggett’s concealment of this Odinite information from Judge Diener was intentional or
reckless or both.
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Part III – Liggett Concealed and Falsified Evidence in his Affidavit
for Search Warrant.
The concealed and falsified evidence blows Liggett’s timeline apart – which explains why he
concealed and falsified information.
For Liggett’s timeline to work and to place Richard Allen on the Monon High Bridge at
2:13 (the time of the famous “Down the Hill” video), Liggett desperately needed Betsy Blair to
describe a man on the Monon High Bridge that looked like Richard Allen and perhaps more
importantly needed Betsy Blair to describe a car that she observed parked at the CPS parking lot
(at approximately 2:15 pm) as looking look like Richard Allen’s black Ford Focus. Betsy Blair’s
description of the man she observed on the Monon High Bridge around 2 pm looked nothing like
Richard Allen. Liggett concealed this information from Judge Diener. Betsy Blair’s description of
the vehicle she observed at the CPS parking lot looked nothing like a black Ford Focus. Liggett
also concealed this information from Judge Diener. For good measure, Liggett also lied about what
Sarah Carbaugh observed at 3:57 pm that also blew up his timeline.
Betsy Blair’s first description of the man she saw on the bridge was memorialized in sketch #2
illustrated on February 17, 2017 (3 days after the girls were found) but not released to the public
until April 22, 2019 – following Superintendent Doug Carter’s press conference.
On February 17, 2017, Betsy Blair met with State Police sketch artist Taylor D. Bryant and
provided a description of the man she observed from 50 feet away on the Monon High Bridge –
the same man that Liggett claimed in his affidavit was the killer. Betsy Blair told the sketch artist
that the man she (Betsy Blair) observed was:
x A white male
x Age 20
x Had Brown Curly Hair,
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x Medium build
Find attached and marked as Exhibit 103 the unredacted “Facial Identification Reference
Sheet” (filed as confidential) that contains the description that Betsy Blair provided to the sketch
artist. Also, find attached a copy of the sketch that Taylor D. Bryant produced from Betsy Blair’s
description of the man she observed on the bridge, marked as Exhibit 104. This illustration is also
called “sketch #2” (because it was released to the public second). Upon looking at the sketch, Betsy
Blair told the sketch artist that the illustration was a “10 out of 10” for accuracy. 144
The Unified Command did not release the Betsy Blair sketch to the public for over two
years. Instead, they first released the Sarah Carbaugh sketch, also called “sketch #1” (because it
was released to the public first). The Sarah Carbaugh sketch was illustrated by FBI sketch artist
“Plantz” from Detroit on June 19, 2017, and released to the public on July 17th, 2017. 145 Who was
the person that Sarah Carbaugh was describing in her sketch? According to Liggett’s affidavit, at
approximately 3:57 pm, Sarah Carbaugh observed a man walking westbound on county road 300
north. Sarah Carbaugh was headed eastbound on county road 300 N, operating her motor vehicle
while simultaneously observing this man walking on the road toward her on the opposite side of
the road. This is the same man that Sarah Carbaugh described for the sketch artist on June 19,
2017. We will be discussing Sarah Carbaugh’s description of that man later.
Roughly two years later, in March 2019, Betsy Blair met with Tony Liggett, frustrated that
her sketch (sketch #2) had not been released to the public. 146 Betsy was frustrated because sketch
#1, which had been released to the public almost two years before, did not match the man that she
144
Blair’s 10 out of 10 comment is memorialized in a report identified as “Incident No. 17-0091-S03. This 10 out of
10 wording can be found in the second full paragraph. Find attached the unredacted report marked as Exhibit 105.
145
Find attached a screenshot from WTHR news (Indianapolis) showing the release of sketch #1, Exhibit 106.
146
See exhibit 105 (Incident No. 17-0091-S03) last sentence of second paragraph.
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(Betsy Blair) observed on the high bridge. Betsy even commented that sketch #1 was “wrong.”147
Certainly, it was odd that the Sarah Carbaugh sketch was chosen to be released over the Betsy
Blair sketch, for the following reasons:
x Betsy Blair provided her description to the sketch artist only 4 days after seeing the
man on the bridge while it was fresh on her mind, compared with Sarah Carbaugh who
provided her description to the sketch artist 126 days after she (Carbaugh) observed the
man on the road.
x Betsy Blair had a good look at the man’s face, while stationary, from only 50 feet
away. 148 Sarah Carbaugh was not stationary, but rather traveling down the road
operating her vehicle while simultaneously trying to observe the man on the road. 149
During her March 7, 2017, interview, Betsy Blair was talking with two members of Unified
Command: Kevin Hammond and Tony Liggett. At this interview, Betsy Blair told Liggett, face-
to-face, that the man she (Betsy Blair) observed on the high bridge fit the following description:
x The man was slender and youthful looking.
x He was more “boyish” looking.
x The man was in his 20s to early 30s.
x His hair seemed “poofy” just as the sketch portrayed.
x He had no facial hair, that she can remember. 150
Finally, on April 22, 2019, Unified Command released Betsy Blair’s sketch #2 to the
general public. In fact, upon its release, Superintendent Doug Carter commented that the man in
147
Find attached a flash drive containing Betsy Blair’s March 7, 2019, interview with Tony Liggett, marked as
Exhibit 107. Betsy Blair states that sketch #1 with the “golf hat” is “wrong” at the 11:37:55 mark.
148
Liggett’s affidavit, marked as Exhibit 108, and also Exhibit 107 at the 11:42:10 mark.
149
Liggett’s Affidavit for Search Warrant.
150
Exhibit 107 at the 11:42:10 mark.
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Blair’s sketch #2 was “responsible for the murders.” 151 Also, at the time of the release of sketch
#2, Doug Carter also stated that sketch #1 had now become “secondary” to the investigation. 152
On March 7, 2019, Liggett was present when Betsy Blair described the man she observed
on the bridge. Betsy was actually talking to Ligget face-to-face when she provided the
description. 153 Ligget heard Betsy’s description of a much younger man with brown poofy hair but
chose to conceal this information from Judge Diener. Blair’s description of a youthful, boyish
looking person in his twenties, maybe early thirties with brown poofy hair, obviously, does not at
all describe Richard Allen. 154 In order for Liggett to have provided Judge Diener with honest and
accurate information, he would have had to state the following in his affidavit:
I, Tony Ligget, believe that Richard Allen is the man that murdered the girls
for reasons stated herein. I also believe that the man that Betsy Blair observed on
the bridge is Richard Allen, and therefore the killer. However, I must also inform
the court that the man that Betsy Blair observed on the bridge really looks nothing
like Richard Allen. Whereas Richard Allen was a man in his mid-forties with short
or even shaved greyish hair. 155 The man that Betsy Blair described was “Youthful”
“Boyish Looking” and had brown “poofy” hair. Also, your honor, Betsy Blair told
the sketch artist that the man she saw on the bridge was just 20 years old. This
description came only 4 days after she observed the man on the bridge. Two years
later, Betsy Blair still maintains that the man was in his twenties or maybe early
thirties. Also, Betsy Blair told the sketch artist back in 2017 that the resemblance
of the boyish sketch to the man that she observed on the bridge was a 10 out of 10.
I must also tell you judge that this 10 out of 10 sketch looks absolutely nothing like
Richard Allen.
151
Find attached Doug Carters’ April 22, 2019, press conference in which Betsy Blair’s sketch #2 is unveiled to the
public. It is marked as Exhibit 109.
152
The fact that Sarah Carbaugh’s sketch #1 had become secondary to the investigation is confusing, considering
Liggett’s and Holeman’s claim that sketch #1 and sketch #2 are the same person.
153
See Exhibit 107 (Blair’s March 7, 2019, interview).
154
Find attached videotaped interview of Richard Allen, marked as Exhibit 110. This will provide an image of
Richard Allen.
155
Find attached a transcript of a statement of Richard Allen’s wife, Kathy marked as Exhibit 111. When Kathy was
asked what length Richard’s hair would have been in 2017, she Kathie said Richard has “always” had short hair. In
fact, when ask for further description of how her husband has always worn his hair, Kathy said “He (Richard)
shaved it.” explaining that he had always shaved since being in the National Guard.
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Liggett had a legal obligation to inform Judge Diener of the vast differences between Betsy
Blair’s description of the man she observed on the bridge, and Richard Allen. He did not. That fact
alone should be sufficient to merit tossing the warrant and suppressing the fruits of an illegal
search. However, there is more.
In order for Liggett’s timeline to work, he needs Richad Allen’s black Ford Focus to be parked at
the CPS lot from 1:30 pm until 4:30 pm. Betsy Blair sees one car at the CPS lot at 2:15 pm and it
is not Richard Allen’s car.
Richard Allen voluntarily was interviewed on October 13, 2022. Watching the videotaped
interview, it is apparent that Richard thought he was being asked questions to help assist the police
in solving the crime. 156 In trying to provide Liggett and Mullin a timeline of when he (Richard
Allen) was at the trail, Richard stated he arrived at the trail around noon. 157 Later in the interview,
Richard Allen told Liggett and Mullin that he probably left the trail around 1:30 pm.158 In his
affidavit, Liggett states that Richard Allen parked his black Ford Focus at the CPS parking lot and
then cut over to the trail, where he (Richard Allen) then walked to the high bridge, ultimately
following Abby and Libby across the bridge before abducting them. 159 After murdering the girls,
Liggett stated in his affidavit that Betsy Carbaugh observed a man, that Liggett claims is Richard
Allen, walking along 300 N. at approximately 3:57 pm westbound toward the CPS parking lot.
The implication being that Richard Allen was walking back to his car after abducting and
murdering the girls. 160
156
Find attached Richard Allen’s October 13, 2022 (Exhibit 110), interview. Richard Allen does not realize that he
is being interrogated as a suspect until much later in the interview.
157
Exhibit 110 Richard tells Liggett and prosecutor investigator Mullins from the prosecutor’s office that he had
arrived around noon at the 10:57:40 mark.
158
Exhibit 110 at the 11:53:43 mark.
159
Ligget’s affidavit.
160
Ligget’s affidavit.
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If what Liggett wrote in his affidavit were true, then Richard Allen’s black Ford Focus
would have been parked in the CPS lot from 1:30 pm until at least 4 pm, giving him time to abduct
the girls, murder the girls and walk back to his black Ford Focus parked at the CPS parking lot
sometime after 3:57 pm when Sarah Carbaugh observed Richard walking down 300 North.
In other words, for Liggett’s timeline to work, Richard Allen’s black Ford Focus would
have had to remain parked at the old CPS building from roughly 1:30 pm when Liggett claims
Richard Allen arrived until roughly 4:00 pm after, as Liggett claims, Richard Allen had abducted
and murdered the girls. If Richard’s black Ford Focus was not on that CPS parking lot between
those hours (1:30 pm and 4:00 pm) then Liggett’s timeline would be blown. In his deposition,
Liggett was asked a series of questions by Defense counsel and Liggett answered those questions
as follows:
Q: Is it your contention that Richard Allen’s black Ford Focus was parked at the old
CPS building at 1:29 – roughly -- pm on February 13, 2017?
A: Yes.
Q: Is it your contention that Richard Alen’s black Ford Focus was parked at the old
CPS building at 1:45 pm on February 13?
A: Yes.
A: Yes.
A: Yes.
A: Yes.
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A: Yes.
A: Yes.
A: Yes.
A: Yes.
A: Yes.
A: Yes.
A: Yes.
A: No.
Q: What time do you contend that Richard Allen’s black Ford Focus was no longer
parked at the old CPS building?
A: Around 4:00.
Through his answers, Liggett demonstrated that he recognized that for his timeline to work,
Richard Allen’s black Ford Focus would have to be parked at the CPS lot from 1:30 pm – 4:00
pm. in order to give Richard the time to abduct and murder the girls and return to his vehicle.
Therefore, if there was any evidence that Richard Allen’s black Ford Focus was not parked in the
old CPS parking lot between those times, that is something that he (Liggett) would be required to
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share with Judge Diener. Rather than tell the truth, Liggett concealed the evidence that Richard’s
black Ford Focus had left the CPS parking lot (probably at 1:30 pm, but certainly before 2:15 pm
when Blair saw a completely different car) and therefore, Richard Allen could not have been on
the bridge at 2:00 pm or committed the murders soon thereafter.
For starters, as noted earlier, in his interview with Liggett and Mullin, Richard Allen stated
that he (Richard Allen) arrived at the trails around noon and left around 1:30 pm. Liggett failed to
inform Judge Diener that Richard Allen stated he had left the trails at 1:30. He should have,
especially if there were evidence that a different vehicle was parked at the old CPS lot after 1:30
pm but before 4 pm (which would then support Richard Allen’s statement that he (Richard Allen)
left the CPS building around 1:30 pm. So, the next question to ask is: did anyone see a vehicle
parked at the old CPS building between 1:30 pm and 4:00 pm that did not resemble Richard Allen’s
black Ford Focus, thus supporting the timeline that Richard Allen provided to Liggett, but which
Liggett concealed from Judge Diener? The answer is yes: Betsy Blair.
When Betsy Bair arrived at the trail at roughly 1:46 pm, Betsy Blair had parked her vehicle
in a different location that the Defense calls the “Mears” parking lot. When she left the Monon
trail and pulled out of the “Mears” parking lot, Betsy Blair headed west on 300 North in her car
and was spotted on the Hoosier Harvest store camera heading toward the old CPS lot at 2:14 pm.
The old CPS lot is only a 36 second drive from the Hoosier Harvest store camera. 161 Giving Betsy
Blair a full minute to drive from the Hoosier Harvest store to the Old CPS lot would mean that
Betsy Blair would pass the old CPS lot at around 2:15 pm. Remember, that Liggett has admitted
161
From an affidavit from a member of Richard’s defense team, Matt Hoffman, who paced the distance from the
Hoosier Harvest store to the old CPS lot. It takes approximately 36 seconds. This affidavit is marked as Exhibit 112.
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under oath that at 2:15 pm, Richard Allen’s black Ford Focus would be parked at the CPS building
while he (Richard Allen) was abducting and murdering the girls.
However, at 2:15 pm when Betsy Blair passed the old CPS building Betsy Blair did not see
a black Ford Focus parked at the old CPS lot. The car that Betsy Blair observed as she passed the
old CPS building at 2:15 pm looked nothing like a black Ford Focus. According to Liggett’s own
report, Betsy Blair observed one car parked in the CPS lot at 2:15, and that car resembled a “1965
Ford Comet” 162 that her father once owned. 163 The shape had “sharper angles.” 164 Again, to whom
did Betsy Blair provide this description of a 1965 Ford Comet-looking, angular in appearance
vehicle? None other than Liggett himself. 165 Liggett was fully aware that the car that Betsy Blair
described as being backed into a spot at the old CPS building looked nothing like Richard Allen’s
black Ford Focus, but Liggett concealed that information from Judge Diener.
It should also be noted, that if Richad Allen left at 1:30 pm, then the person that Betsy Blair
observed on the high bridge at roughly 2:00 pm was NOT Richard Allen. This would explain why
the person that Betsy Blair observed on the high bridge looked nothing like Richard Allen –
because it wasn’t Richard Allen. It was a 20-year-old kid with brown poofy hair. Concealing Betsy
Blair’s description of the vehicle at the old CPS building from Judge Diener may have temporarily
plugged a hole in the dam of Liggett’s problematic timeline when Diener reviewed the affidavit
on October 13, 2022. But Liggett’s concealment has now been exposed.
162
Defense counsel recognizes that in 1965, Ford did not make a Comet, Mercury did. But these were the words of
Betsy Blair who knew what the Comet looked like, but erroneously thought that Ford produced the Comet.
163
Liggett’s report previously entered as Exhibit 105, paragraphs 4 and 6 on page 1.
164
Betsy even provided a sketch of the side profile of the car that she observed at the CPS lot at 2:15 pm, featuring
the angles that the car possessed. Blair’s sketch of the side profile of the car is attached hereto and marked as Exhibit
113. The sketch definitely looks nothing like the side profile of Richard Allen’s Ford Focus. A photo of a Ford
Focus similar to the one owned by Richard Allen in 2017 is also attached and marked as Exhibit 114.
165
Id.
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And it gets even worse.
When asked to describe the color of the car that resembles a 1965 Ford Comet, Betsy Blair
actually told Liggett that the car she saw was NOT BLACK. 166 That is right, Liggett heard from
the mouth of Betsy Blair that the 1965 Ford Comet-looking vehicle was not even black, which is
the color that Liggett needed the vehicle to be in order to fit the description of Richard’s BLACK
Ford Focus as described in Liggett’s affidavit.
Because of Betsy’s description of the car, she viewed at the old CPS building, evidence
supports that Richard Allen left at 1:30 pm (as he told Liggett) At some point in time after Richard
left the old CPS lot, an older, angular looking car that resembled a 1965 Comet and was not black
arrived at the old CPS building. Then, the driver of this 1965 Ford Comet-looking, angular, non-
black vehicle backed into the CPS parking lot. At roughly 2:15 pm when returning home, Betsy
Blair observed this car that reminded her of a car her dad had growing up. All of this adds up to
this fact: Evidence concealed by Liggett supports that Richard Allen was not at the crime scene,
as he had already left at 1:30 pm and was already home by the time that Betsy Blair observed the
1965 Ford Comet-looking, non-black vehicle at the CPS parking lot. And Liggett knew it. Again,
because of Betsy Blair’s description of the vehicle she observed at the old CPS building, evidence
supports that Richard Allen was also home by the time that Betsy Blair saw the 20-year-old with
brown poofy hair on the bridge. Which, again, explains why the person on the bridge looks nothing
like Richard Allen – because it wasn’t Richard Allen.
This is simply outrageous and abusive behavior on the part of Liggett. Abusive in that
Liggett used his power as a law enforcement officer to conceal evidence to secure a search warrant
166
Id., last paragraph of page 1.
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26 days before an election in which he was running for Sheriff. And at the brunt end of Liggett’s
abusive behavior is Richard Allen, who has been sitting and suffering in hell for over 10 months.
Liggett doesn’t even have the excuse that Betsy Blair provided the description to a different
detective and therefore, he (Liggett) could not have known of Blair’s distinguishing description,
(making it a simple administrative snafu that fell through the cracks). No, Liggett heard the
description straight from the mouth of Betsy Blair yet chose to conceal this timeline-destroying
evidence from Judge Diener. If Judge Diener had known that evidence showed that Richard Allen
was home by the time that the girls were abducted at 2:13 pm, Diener would never have signed
the search warrant.
But that’s not all. It gets even worse.
Liggett flat-out lied when he told Judge Diener that in 2017 Sarah Carbaugh described a man as
wearing “muddy and bloody” clothing and was also wearing a blue jacket.
For Liggett’s timeline to work, not only did he (Liggett) need for Richard Allen’s black
Ford Focus to be parked at the old CPS lot between 1:30 pm and 4:00 pm, but he also needed Sarah
Carbaugh’s statement concerning the man she claims she saw walking westbound on 300 North at
3:57 to match Betsy Blair’s description of a man wearing a blue jacket. It would also help if the
man had blood on his clothing to further tie him into the murder. In his affidavit, Liggett wrote the
following:
An interview was done of Sarah Carbaugh in 2017. She states that she was traveling
East on 300 North and observed a male subject walking west, on the North side of
300 North, away <sic> Monon High Bridge. She stated that he was wearing a blue
colored jacket and blue jeans and was muddy and bloody. She further stated that it
appeared that he had gotten in a fight. Investigators determined from the video that
she was on 300 North at 1557 hours.
The blue jacket described by Sarah Carbaugh would need to match the color of the jacket
described by Betsy Blair to help with Liggett’s timeline. Again, the blood on the clothing would
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be an added bonus in that it would tie the man that Sarah Carbaugh observed in with the murders
and therefore assist Judge Diener in making the decision to sign the warrant.
The problem is that in 2017, Sarah Carbaugh told Liggett to his face that the man she
observed walking west on 300 North was wearing a tan colored coat a lighter colored coat, not a
blue jacket. 167 This is a problem because the color of this man’s coat did not match the coat of the
20-year-old boyish looking man with the poofy brown hair that Betsy Blair observed on the high
bridge around 2 pm. According to Liggett, both of these men were Richard Allen. 168Another way
to put that is that Liggett has asserted that sketch #1 and sketch #2 are the exact same man: Richard
Allen. 169
Carbaugh saw a man walking on 300 North wearing a jacket. Liggett needed the color of
that jacket to match the color of the jacket worn by the man Betsy Blair had observed on the high
bridge at 2 pm because Liggett is claiming that both men are the same man: Richard Allen. The
problem was that Carbaugh did not observe the man walking down 300 North wearing a blue
jacket. She observed a tan jacket. This meant that Sarah Carbaugh and Betsy Blair observed two
different men. This created a problem for Liggett’s timeline, so instead of being honest, Liggett
chose to represent to Judge Diener that Carbaugh observed a man wearing a blue jacket, when in
her 2017 interview, Carbaugh said it was tan.
167
Find attached a flash drive containing Sarah Carbaugh’s June 7, 2017, interview with Tony Liggett. It is marked
as Exhibit 115. Carbaugh describes that the man she observed was wearing a tan color coat/lighter colored coat at
the 5:07:30 mark.
168
Liggett depo. p. 150, lines 1-25 and p. 151, lines 1-17.
169
Remember that Liggett has testified under oath that only one man – Richard Allen – committed these crimes.
Therefore, if Betsy Blair observed one man, while Sarah Carbaugh observed an entirely different second man, then
this would cut against Liggett’s preposterous contention that only one man committed this crime. The fact is that
perhaps neither the young man Betsy Blair observed, nor the muddy man Sarah Carbaugh observed had anything to
do with the murders. Meanwhile, as Blair and Carbaugh were observing these two different men, Richard Allen was
at home and a 1965 Comet-looking, non-black vehicle was parked at the old CPS lot.
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But that’s not all.
Nowhere in Sarah Carbaugh’s 2017 interview does Sarah Carbaugh use the word “bloody”
to describe the clothing that the man was wearing. Nowhere. The so-called “muddy bloody lady”
is actually just the “muddy lady,” as Carbaugh only used the word muddy to describe the man she
observed on 300 North in her 2017 interview. It certainly would help Judge Diener in making his
decision if the man walking down the street was wearing a blue jacket and also wearing bloody
clothing, as if he had just murdered somebody. However, Liggett just flat out lied. Sarah Carbaugh
never mentioned a blue coat and never mentioned blood in her 2017 interview.
Instead of lying, had Liggett told Judge Diener that the man walking down 300 North at
3:57 pm was wearing a light-colored tan coat, instead of a blue coat, then Judge Diener would have
realized that Betsy Blair and Sarah Carbaugh did not see the same man. Instead of lying, had
Liggett told Judge Diener that the man walking down 300 North only had on muddy clothing, then
Judge Diener would not have associated that man with murder.
Again, Liggett can’t claim that when drafting the affidavit, Liggett relied on the false
description provided by a different investigator. No. Sarah Carbaugh told Liggett to his face that
the man she observed was wearing a tan coat and was only muddy (not bloody). If Judge Diener
had been told the truth, he would not have, nor should he have, signed the search warrant.
Conclusion of Part III
There is a reason that in his sworn affidavit Liggett concealed key information from Judge
Diener and lied about other key information: Had Diener known the hidden and falsified facts then
Diener would never have signed the search warrant – a search warrant that was already insufficient
in linking Richard Allen to the murders even before Liggett’s lies and deceptions.
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Liggett’s concealed and falsified evidence would have told a completely different story had
Liggett not concealed evidence and lied about evidence. Richard Allen told Liggett to his face that
he (Allen) had left the old CPS parking lot by 1:30 pm, but Liggett opted to not let Judge Diener
know about what Richard said. When Richard Allen drove away from the old CPS parking lot at
1:30 pm to go home, at some point in time before 2:15 pm, a person driving a car that resembled
a 1965 Comet, angular in shape and not black backed their car into the old CPS parking lot and
parked.
Then, at 2:15 pm, Betsy Blair drove past the old CPS parking lot and observed the car and
remembered what it looked like because it reminded her of her youth – a car that her dad drove in
the 1960s. Because Richard Allen had left the CPS parking lot at or before 1:30 pm, it certainly
explains why the man that Betsy Blair observed at the high bridge at 2:00 pm was a boyish and
youthful looking 20–30-year-old man with poofy brown hair that looked nothing like Richard
Allen, because it wasn’t Richard Allen, as Richard Allen had left for home a half hour earlier.
There is a reason that the man Sarah Carbaugh observed on 300 North at 3:57 was not wearing a
blue coat like the man Betsy Blair observed on the high bridge (the same man that Liggett claims
was Richard Allen). It’s because the man that Sarah Carbaugh observed on 300 North at 3:57 pm
wasn’t the same man that Betsy Blair saw on the bridge at 2 pm. It was a completely different man
that had mud (not blood) on his clothing. Betsy Blair saw one man (perhaps the same man that
Railey Voorhies, Bre Wilbur and Anna Spath saw on the trail). Sarah Carbaugh observed a
completely different man. And while all these witnesses were observing two different men,
Richard Allen was at home where he had been since leaving the Monon Trail on or before 1:30
pm. That is the difference the concealed and falsified evidence would have made for Judge Diener.
118

Part IV - Odinites in Westville
After his arrest, Richard Allen was forced to be housed in Westville Correctional Facility
based upon a safekeeping order.
On April 3, 2023, two of the transport guards walking Richard to and from his visit
prominently displayed multiple patches on their Department of Corrections unform 170. The top
patch (“In Odin We Trust”) was displayed under their embroidered name tags on the right side
of their Department of Corrections (hereinafter “DOC”) uniform shirt. On the left side of their
DOC uniformed shirts were two patches. The lower of the two patches consisted of a partial
American Flag and interlocking triangles. The interlocking triangles is a common symbol for those
involved in the pagan Odinite religion. 171 Above this American Flag/interlocking triangle patch
was a patch that proclaimed: “I Hate people.” Below are images of those patches. In spite of the
fact that for over 5 months (from November 2022 - April 3, 2023) Richard Allen’s Defense team
had been able to bring in their phones when visiting Richard Allen, after Richard’s Defense team
showed photographs of a decrepit Richard Allen at Westville, Warden Gallipo apparently issued
an order that Richard’s Defense team were no longer allowed to bring in their phones. Because
Richard’s Defense team were no longer able to bring in their phones, the Defense team was not
able to take photographs or video of these patches after April 3, 2023. Therefore, the Defense is
providing affidavits from members of Richard Allen’s Defense team that viewed these patches on
170
At that time (April 3, 2023) the Defense was fully aware of the Odinite involvement in the murders, but law
enforcement would likely not have known that the Defense was aware of the Odinite involvement which could
explain why they felt comfortable wearing the patches.
171
An undercover state trooper, who is familiar with hate groups, runes and Odinism stated that interlocking
triangles are associated with the Odinist belief systems. depo of undercover state trooper, p. 37, lines 11-25 and p.
38, lines 1-17. Also, find attached a photograph of interlocking triangles to which the undercover trooper was
referring to (marked as exhibit 2 in the deposition). This photograph is marked as Exhibit 116.
119

multiple occasions after April 3, 2023. 172 Here are the patches worn by the guards. The images
below (of the patches worn by Sgt. Robinson and Jones) were found on Etsy. These patches can
be purchased off Etsy.
172
Find attached the affidavit of Max Baker, marked as Exhibit 117. Also, the attached affidavit of Matt Hoffman
marked as Exhibit 112.
120

The first time that Richard’s Defense team noticed Sgt. Jones and Sgt. Robinson and the
patches (shown above) that they wore on their DOC uniform was on April 3, 2023. This also
coincides with the timeframe that Richard Allen’s mental health began a steep decline. From that
point forward (April 3, 2023) these two guards, (Sgt. Robinson and Sgt. Jones) seemed inseparable
from Richard Allen. 173 Odinite Correction Officers Robinson and Jones would walk Richard Allen
to and from his attorney’s visits, as well as on one occasion when Richard visited with his wife,
always wearing these embroidered patches. For a period, Sgt. Robinson and Sgt. Jones were also
videotaping Richard Allen and his interactions with his attorneys. This ended only upon complaint
by Richard’s attorneys after several visits. Additionally, Sgt. Robinson and Sgt. Jones were always
close enough to Richard to be assured that Richard did not feel comfortable talking to his attorneys
or his wife without knowing that these Odinite guards were within earshot of anything he would
tell his lawyers or wife. 174
173
Max Baker affidavit.
174
121

Max Baker and Matt Hoffman have both been a part of Richard Allen’s Defense team since
December 2022 and have met with Richard on several occasions. Paragraph 10 of Max Baker’s
affidavit (Exhibit 115) provides insight into some of what was going on at Westville with Odinist
guards Jones and Robinson:
During one memorable visit on May 4, 2023, myself, Attorney Baldwin,

and Attorney Rozzi met with Richard Allen to discuss matters involving the case.
At this time, Richard Allen was in a mental and physical state of deterioration and
was nearly non-communicative. During the visit, Richard Allen repeatedly asked
whether or not his Wife was okay and if his family was okay. He claimed on a
couple of occasions that “they were going to kill him.” When asked who he was
referring to as “they”, Richard Allen responded by saying the guys with the Odin
patches. Up to this point in the legal process, Richard Allen’s Defense team had
never mentioned Odinites or Odinism to Richard Allen either directly or indirectly.
The first time I’m aware of any mention of odinite involvement to Richard Allen
was during a visit on August 25, 2023, when Kathy Allen attended, and a discussion
occurred between Attorney and client regarding ties to the crime scene;
At an August 10, 2023, deposition, the Defense finally revealed to Jerry Holeman (one of
the main “investigators” on this case) that it (the Defense) knew that the evidence exposed the high
likelihood that Odinites committed these murders by laying out the evidence right in front of
Holeman. Up until that time, the Defense had strategically played dumb about possessing any
knowledge of the Odinite involvement. This strategy was in place for many reasons. However, the
Defense finally revealed its knowledge to Jerry Holeman on August 10, 2023. One week later,
during their first attorney visit since that August 10, 2023, deposition, Sgt. Robinson (as usual)
dropped Rick off at the attorney meeting. Sgt. Jones was absent on this visit. However, something
else was also different on this visit: notably missing from Sgt. Robinson’s uniform were the
Odinite patches that Richard’s Defense team had taken note of on every attorney visit ever since
April 3, 2023. Perhaps not-so-coincidentally, after Jerry Holeman became aware of the Defense
122

team’s knowledge of the Odinite involvement in the murders, magically those patches were
removed from Robinson’s uniform, leaving blank spots where the patches used to be displayed on
the very next attorney visit. 175
The Defense would remind the Court that also (perhaps not-so-coincidentally) Tony
Liggett was the only person that refused to support the transport of Richard Allen out of Westville
when other options (Cass County) were available. Liggett citied as his sole reason for rejecting
Richard Allen being moved from Westville (76 miles away) to Cass County/Logansport is that he
(Liggett) would have difficulty transporting Richard Allen to Delphi from Logansport for hearings
and trial – a distance of less than 20 miles. 176 Certainly, State Police were available to assist in
transport if Carroll County could not. Yet, Liggett refused to agree to the transport, leaving Richard
Allen in Westville guarded by Odinites. When factoring everything contained in this
memorandum, Liggett’s objection to moving Richard Allen to Cass County over transportation
concerns is troubling. Especially when the patches were moved after the depos.
Also filed contemporaneously with the Franks motion and memorandum is the Defense’s
emergency request to transport Richard Allen out of Westville to the Cass County jail, despite
Tony Liggett’s objection to the same as the Defense has legitimate concerns of Richard’s safety
once this motion and memorandum are filed.
Beyond Sgt. Jones and Sgt. Robinson wearing “In Odin We Trust” patches, what else links
them to Odinism?
175
176
123

Sgt. Jones and Sgt. Robinson’s relationship with Odinism went beyond the patches that
they each proudly displayed while transporting Richard Allen to and from his attorney’s visits.
Sgt. Robinson
On his Facebook page, Sgt. Robinson does not hide his devotion to Odinism. On June 25,
2023, Robinson posted a photo of what the Defense would call an alter featuring horns, antlers and
Thor’s hammer and a dish sitting atop some type of animal fur, with various runes decorating the
outer edges of the dish. All these items were placed on what appears to be a circular wooden
platter. 177 It appears that Sgt. Jones “liked” Sgt. Robinson’s Odin altar post. 178 Sgt. Robinson’s
alter to Odin is similar to an altar to Odin posted by Brad Holder. 179
As stated by Max Baker in his affidavit, Sgt. Robinson was involved in transporting
Richard Allen to most, if not all, of his attorney’s visits. Sgt. Robinson always wore his Odin
patches. However, that changed following Holeman’s contentious August 10, 2023, deposition. In
that deposition, which has been attached and provided to the court as an exhibit, about two-thirds
of the way through the deposition, Holeman begins getting called out by the Defense for Unified
Command’s incompetent handling of the Odin aspect of the investigation. It was also at that point
in the deposition that the Defense began asking critical questions concerning the way that Unified
Command handled the investigation of Brad Holder, Patrick Westfall, Johnny Messer, and Elvis
Fields. 180 You will note that nowhere in that deposition did the Defense reveal to Holeman that it
(the Defense) was aware that Sgt. Robinson and Sgt. Jones were wearing the “In Odin We Trust”
patches. Attorney Rozzi and Defense team member Max Baker visited Richard Allen on August
177
Find attached as Exhibit 118.
178
179
180
Holeman’s deposition has been provided for the Court. The contentiousness of the deposition began on page 210
and lasted throughout the rest of the deposition.
124

17, 2023, only 7 days after the contentious deposition with Holeman in which it became obvious
that the Defense was fully aware of the strong evidence that Odinists committed the murders. At
this August 17, 2017, visitation, as Max Baker states in the his affidavit, Sgt. Robinson no longer
was wearing the patch. 181 The Defense team has no direct knowledge as to whether Jerry Holeman
or anyone from Unified Command contacted Sgt. Robinson or anyone else from Westville to alert
them that the Rick’s Defense team was fully aware that evidence supported Odinists being
involved in the murders. However, it is certainly a curiosity that deserves attention and
consideration.
As Max Baker also describes in his affidavit, Sgt. Robinson was always within a few feet
of Richard Allen during Richard’s meeting with his wife, Kathy. The two visits that Richard had
with his wife were without the hustle and bustle and noise of other inmates during their visitation.
While warden Galipo may claim that Westville was doing Richard a favor by allowing him privacy
with his wife, the Defense views it differently. With no other inmates in the room, the room was
completely quiet. Sgt. Robinson could hear everything that Richard told his wife. Certainly,
Robinson and Jones stood close enough to Richard to intimidate Richard from talking openly and
honestly to his wife about what was going on at Westville.
Additionally, in their combined 50+ years of practicing criminal Defense, attorneys
Baldwin and Rozzi have never had their purported confidential attorney visits videotaped with a
handheld camcorder. Sgt. Jones and Sgt. Robinson, beginning April 3, 2023, began videotaping
Richard Allen’s interactions with his attorneys. Particularly outrageous was the fact that Richard
Allen was required to face the camcorder from about 10 feet away through a glass. This means
181
Affidavit of Max Baker.
125

that Richard’s mouth was being videotaped. This means that Richard was not able to talk freely to
his attorneys and say things like: “They are stating that if I don’t tell my wife that I am guilty, then
they said they are going to harm my wife.” If Richard were to say anything like that, it would be
on video. Remember, Richard Allen continuously asked his Defense team if his (Richard’s) wife
was ok, and if his family was ok. 182
The Defense has obtained video from the prison. One of the videos that we obtained show
the aftermath of something that happened to Richard Allen. Find attached a still shot of Richard
Allen taken from a video that Westville produced. The Defense does not have the exact date, but
the video indicates that the video was taken between May 26th and May 30th. The still shot is
attached to this memorandum and filed as Exhibit 121. The Defense is not sure exactly what
happened to Richard Allen that caused him to look the way depicted in the still shot. Whether it
was self-harm or something else, the fact that Richard is being watched by Odinites and the
evidence strongly supports Odinite involvement in the murders causes great concern for the
Defense in terms of Rick’s safety.
Additionally, in Matt Hoffman’s affidavit, you will find that at the last hearing on June 15,
2023, Rick was constantly pleading with the guards not to shock him. “Please don’t shock me.
Please don’t shock me. Please don’t shock me.” Matt Hoffman indicated that Rick made that
comment in front of multiple guards and in front of multiple members of Rick’s Defense team.
182
Affidavit of Max Baker.
126

Sgt. Jones
Sgt. Jones’s Facebook posts reveal his ties to Odinism. Find attached an image taken from
Sgt. Jones’s Facebook page, marked as Exhibit 122. As you can see, the interlocking triangles that
appear on Sgt. Jones’s patch also appear in this photo. You will also notice a rune in the lower left-
hand corner of the photo. It is hard to see because it is in black. Also remember that Sgt. Jones
“liked” Sgt. Robinson’s alter to Odin.
The Defense would request the Court to review Max Baker’s affidavit to learn of Sgt.
Jones’s involvement in guarding Richard Allen. It is nearly identical to Sgt. Robinson’s
involvement.
Conclusion of Part IV
They don’t teach you in law school what to do when your client, who is accused of murder,
is being guarded by members of a religious cult whose members, evidence strongly supports, were
the actual murderers. 183 Yet, that is where we are. At some point in time, coincidences cease to be
coincidences. The fact that Liggett did not want Richard Allen to be removed from Westville
purportedly over “transportation issues” is curious. The fact that Odinites are guarding Richard is
very concerning, or at the very least curious considering the evidence discussed in this
memorandum. The fact that Sgt. Robinson stopped wearing his “In Odin We Trust” patches within
days of Jerry Holeman and the Unified Command learning that the Defense was fully aware of the
evidence linking Odinists to the crime scene and that the Unified Command had avoided
investigating Odinists is curious.
183
Again, the Defense is not claiming that Sgt. Jones and Sgt. Robinson are involved in the murders, just that they
are Odinites, members of the same religious cult that evidence strongly supports were involved in the murders of
Abby and Libby.
127

Again, the Court must determine whether Liggett acted intentionally or recklessly when he
omitted, or lied, about information when he (Liggett) drafted the Affidavit for Search Warrant.
The Defense would ask the Court to consider that Liggett objecting to Richard Allen’s transfer to
Cass County over “transportation” issues is evidence of intentionality in that Liggett wanted Allen
to remain in Westville, guarded by Sgt. Robinson and Sgt. Jones and any other Odinite that the
Defense of whom the Defense has not learned works at Westville.
128

Part V- Richard Allen has no ties to Odinism or any Religious Cult
and has no ties to the crime scene.
Tony Liggett has testified under oath that there is no DNA linking Richard Allen to the
crime scene. 184 Liggett further has testified that he is unaware of anything that links Richard to the
crime through his phone, computers or electronics. 185 Liggett has further testified that he is
unaware of any evidence that links Richard Allen to any weird religious cult group. 186
Jerry Holeman has testified to the following: There is no DNA linking Richard Allen to
the crime scene. 187 No data extracted from Richard Allen’s phone connects him to the murders.188
No data extracted from Libby’s phone connected Richard the murders. 189 There is no evidence that
Richard Allen is or was connected to any other suspects in the case. 190 There is no evidence found
on social media that connects Richard Allen to the murders. 191 There is no evidence extracted from
Richard Allen’s computers that connects him to the murders. 192 There is no fingerprint evidence
that connects Richard Allen to the murders. 193
This section is very short, because there is simply no evidence linking Richard Allen to the
murders.
However, in his Affidavit for Search Warrant, Liggett attempted to drum up as much
connectivity as he could muster between Richard Allen and the murders to convince Judge Diener
184
185
186
Liggett depo. p. 80, lines 13-25
187
188
Holeman depo. p. 48, lines 20-25 and p. 49, lines 1-4.
189
190
191
192
Holeman depo. p. 57, lines 19-25 and p. 58, lines 1-4.
193
129

that it was more-likely-than-not that evidence of the murders would be found in Richard Allen’s
house and vehicles. Here, essentially, is what Liggett swore and affirmed linked Richard Allen to
the crime:
1. Richard was on the trails sometime between 1:30 and 3:30.
2. Richard owns a blue coat.
3. Richard owns guns.
4. Richard own knives
5. Liggett’s claim, while withholding key evidence, that a black Ford Focus was parked
at the CPS building between 1:30 pm and 4:00 pm.
6. Liggett’s claim, while withholding key evidence, that Betsy Blair observed a man on a
bridge that Liggett claimed was Richard Allen.
7. Liggett’s claim, while withholding key evidence, that Sarah Carbaugh observed a man
walking down the road that Liggett claims (1) was Richard Allen and also (2) the same
man that Betsy Blair viewed on the high bridge.
That’s it. That’s all. With all of the evidence linking Brad Holder, Patrick Westfall, Elvis
Fields, Johnny Messer and Rod Abrams to the murders, as discussed in Part II, Liggett did not
seek a single search warrant for any of those high-level suspects. None.
However, twenty-six days before the election, Liggett made a choice to seek a search
warrant for Richard Allen’s house based upon the items, 1-7, above.
130

Let’s run through this list one-by one:
1. Richard Allen was on the trails between 1:30 and 3:30.

The single, solitary source for this information is Dan Dulin from the Department of
Natural Resources (DNR). Therefore, in order to confidently trust that Richard Allen actually said
that he was on the trail between 1:30 and 3:30 (as stated in Liggett’s affidavit) Dan Dulin’s work
product would also have to be trusted.
Words matter when talking to someone. For example, if the exchange between Dan Dulin
and Richard Allen was this: “Richard, we think the girls were abducted between 1:30 and 3:30,
were you on the trail at any point in time between 1:30 and 3:30 pm on February 17?” and Richard
answered “yes”, that does not mean that Richard Allen was actually on the trail the entire time
between 1:30 pm and 3:30 pm. However, Dulin could memorialize that exchange as Richard
claiming he was on the trail the entire 2-hour time span. If so, Dulin’s report would be inaccurate.
Therefore, Dulin’s accuracy in writing reports may need to be considered and scrutinized.
The Defense does not have to go very far in scrutinizing Dulin’s accuracy in report-writing. It can
start with the report Dulin wrote about his interaction with Richard Allen. The conversation
between Richard Allen and Dan Dulin came about when Richard Allen called the tip line to provide
the limited information that he (Richard) may have had from his time on the trail that day. Dulin
and Richard met at a grocery store in Delphi. At the conclusion of Dulin’s interview with Richard
Allen, he (Dulin) prepared his report. However, Dulin screwed up the most basic of tasks: getting
the name right.
131

Dulin was so sloppy in drafting this report that he put Richard Allen’s name into the system
as “Rick Allen Whiteman”. 194 Before being forced to sell their house and move away from the
community that they loved because of the horrific allegations that Rick brutally murdered two
young girls, Richard “Rick” Allen and his wife, Kathy, lived for many years on Whiteman Drive.
This is probably the source of Dulin’s mistake. Find Exhibit 123, Dulin’s Unclassified//FOUO
report (affiliated with DIN-C000074) which shows DNR officer Dan Dulin identifying Richard
Allen as “Rick Allen Whiteman” in the system.
Well, since we can’t necessarily trust DNR Dan’s accuracy in writing reports, at least there
would be a tape-recording that would be able to provide the precise words used by Richard Allen,
right? Wrong. Find attached Exhibit 124 which is a report provided to the Defense in discovery
from DNR Dan concerning his interview of Richard Allen. In this report, DNR Dan wrote the
following: “I checked my audio recordings and cannot find one for him. I will keep looking
because I am sure I recorded every interaction I had related to my assigned leads.”
Of course, another source of information of what time Richard Allen was on the trails that
day is.... Richard Allen himself. As discussed previously in this memorandum, Richard Allen told
Liggett that he (Richard Allen) arrived on the trails around noon and left around 1:30 pm. This
was information that Ligget concealed from Judge Diener. Richard’s black Ford Focus was not
parked at the CPS building at 2:15, according to Betsy Blair. This was also information that Liggett
concealed from Judge Diener.
194
When Liggett was asked if Dulin made any mistakes in the report that he (Dulin) drafted following his interview,
Liggett responded: “I don’t. -- none that I’m aware of, no.” (Liggett depo. P. 11, lines 7-12) but fellow Unified
Command member Jerry Holeman had a different answer:” There was an error; I don’t know if it was processing or
whatever you want to call it. But at some point, it got lost in the shuffle and entered incorrectly.” (Holeman depo. P.
82, lines 7-12.
132

Liggett also failed to inform Judge Diener that DNR Dan cannot be trusted to perform the
most basic of tasks when conducting an investigation: get the name right. Liggett swearing under
oath that Richard Allen was on the trails between 1:30 and 3:30 based upon Dan Dulin’s lost and
unrecorded interview, may not be the best benchmark for Judge Diener to rely on. Unfortunately,
Judge Diener would not know the unreliability of Dulin’s report because Liggett never let him
know.
2. Richard Allen owns a blue coat.
As do millions of other men.
3. Richard owns guns.
4. Richard own knives.
5. His black Ford Focus was parked at the CPS building between 1:30 p.m. and 4:00
p.m.
As the Court knows by now, at 2:15 pm, Betsy Blair observed a vehicle parked at the old
CPS lot that resembled a 1965, non-black Comet, with an angular design. This was not
Richard Allen’s vehicle. More importantly, Tony Liggett concealed this fact from Judge
Diener.
6. Betsy Blair observed a man on a bridge that Liggett claimed was Richard Allen.
As the Court knows by now, the man that Betsy Blair observed on the bridge was a 20-
year-old kid with brown, poofy hair that did not resemble Rick Allen. This is not
surprising considering that Rick Allen left the Monon Trail at 1:30 and therefore was not
on the High Bridge when Betsy Blair observed the 20-year-old kid. Rick’s black Ford
Focus was not on the CPS lot at 2:15, which is further evidence that Rick Allen was not
on that bridge as he had already left the trails. Again, Liggett concealed that Betsy Blair
identified a young man on the bridge and not Rick Allen.
7. Sarah Carbaugh observed a man walking down the road that Liggett claims (1) was
Richard Allen and also (2) the same man that Betsy Blair viewed on the high bridge.
133

As the Court knows by now, Sarah Carbaugh observed a man wearing a tan coat and
muddy pants. This man does not meet the description of the man that Betsy Blair
observed on the bridge (which, according to Liggett is the same man that Carbaugh
observed on 300 N). And because Richard Allen’s black Ford Focus was not at the CPS
lot at 2:15 pm when Betsy Blair passed by and saw a 1965 Comet-looking car at the
CPS lot, Richard Allen could not have been the man walking down 300 North. Liggett
lied to Judge Diener when he (Liggett) claimed that in 2017 Sarah Carbaugh observed
a man with a blue coat and muddy and bloody clothing.
Conclusion of Part V
Richard Allen is not connected to these horrific murders in any way. Liggett attempted to
convince Judge Diener that evidence of the murders would be found in Rick’s home over 5 years
after the girls were slain based upon the 7 enumerated reasons identified above. If Liggett had been
honest, then Judge Diener would not have signed the warrant. Liggett wasn’t honest though.
Richard’s lack of any connection whatsoever to the crime scene combined with Liggett’s lies and
concealments merit a Frank’s hearing.
134

Conclusion of the Memorandum
To prevail on its request for the Court to set this matter for a Franks hearing, the Defense
must make a substantial preliminary showing that omitted or false statements were made
knowingly or intentionally or with reckless disregard. If the trial court concludes that omitted facts
or false statements were necessary for the finding of probable cause, the trial court should set a
hearing on defendant's request. Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 2676; 57 L. ed
2nd 668 (1978). Indiana’s Gerth court actually provided a simple way to assess whether a Franks
hearing is justified: is the concealed and false information contained in the brief the type of
information that any reasonable person would have known “was the kind of thing the judge would
wish to know.” Gerth v. State, 51 N.E.3d, 368, 375 (Ind.Ct.App.2016) (quoting Wilson v. Russo,
212 F3d 781, 788 (3rd Cir. 2000). Also, State v. Vance, 119 N.E.3d 626, 632 (Ind. Ct. of App.
2019).
The Defense provided a very, very long and detailed analysis of the facts because the Court
must determine whether evidence exists that Liggett acted intentionally or that Liggett acted with
reckless disregard. The Defense believes that the very long and detailed analysis of the facts was
necessary to provide a very strong foundation from which this Court could conclude that Liggett
acted intentionally or with reckless disregard. Or more simply put: the very detailed analysis of
the facts allows the Court to conclude that “yes, the omitted information and false information
identified in the memorandum is the type of information that Judge Diener would have wanted to
know before signing the warrant” Gerth at 375.
WHEREFORE, Richard Allen, by and through his attorneys Andrew J. Baldwin and
Bradley A. Rozzi request that this Court set this case for a Franks hearing at which time the
135

Defense will be asking for the search warrant to be deemed illegal and the fruits of the illegal
warrant to be suppressed.
______________________
/s/ Andrew J. Baldwin
Andrew J. Baldwin
Attorney for Richard Allen
/s/ Bradley A. Rozzi

______________________
Bradley A. Rozzi
This is to certify a copy of the foregoing pleading has been provided to all counsel of record
for the opposing party, via IEFS this same day of filing.
______________________
/s/ Andrew J. Baldwin
Andrew J. Baldwin
______________________
/s/ Bradley A. Rozzi
Bradley A. Rozzi
136

EXHIBIT I

ANDREW J. BALDWIN
From: Frances Gull <Frances.Gu||@allensuperiorcourt.us>

Sent: Thursday, October 12, 2023 6:59 AM
To: Nicholas McLeIand; Brad Rozzi; ANDREW J. BALDWIN
Subject: Re: URGENT
CAUTION: This email originated from outside of the organization. Do not click links orVOpen attachments unless you recognize
the sender and know the content is safe.
Gentlemen,
This is beyond tragic...once again I'm at a loss for words.
I'm deeply concerned that Mr. Allen's defense is being compromised by all these recent events. will have
l
my staff
schedule a hearing in Fort Wayne for next Thursday, October 19, 2023 at 2:00 pm to discuss these recent developments
and the upcoming hearing on October 31. will have a transport Order prepared to get Mr. Allen to the
I
hearing. Please
arrange your schedules accordingly to appear in Allen Superior Court. Mr. Rozzi and Mr. Baldwin, please cease work on
Mr. Allen's case until we meet on the 19th.
Judge Gull
Get Outlook for iOS
From: Nicholas McLeIand <nmcle| and@Carrol|CountyProsecutor.com>

Sent: Thursday, October 12, 2023 4:07:48 AM
To: Frances Gull <Frances.Gu||@allensuperiorcourt.us>; Brad Rozzi <brozzi30@yahoo.com>; ANDREW J. BALDWIN
<andrew@criminaldefenseteam.com>
Subject: URGENT
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or
clicking
Iinks, especially from unknown senders.
Judge and Gentlemen,
It is currently 3:53 A.M. and just got off the phone with ISP. From the
I
phone conference that the 4 of us had on
Tuesday afternoon October 10'", Andy Baldwin informed us that Mitch Westerman went into his conference room
sometime in August and took pictures of evidence in this case and then "leaked" or forwarded those
pictures to an
individual by the name of Robert Fortson. Robert Fortson then "leaked" or forwarded them on down the chain and
eventually it was made public that the documents were leaked.
Robert Fortson lives in Fishers Indiana and is employed as a civilian Title 32 technician at the Fort
Wayne US Air
Force Base. As part of the investigation, an ISP detective went to the Air Force Base in Fort
Wayne to interview Robert
Fortson on Tuesday afternoon to get a statement from him about the leaked information. The
goal was to 1) gather the
photos that he had and make sure they were deleted from his phone and 2) find out who gave him the photos and who
he gave the photos to.
Robert Fortson met with the ISP detective but refused to answer any questions and stated that he wanted an
attorney. Soon after that we had our phone conference between the 4 of us. At 10:00 PM. last night, Robert Fortson
1
committed suicide. One self inflicted gun shot wound. He is married and has a teenage daughter. The initial
information that have is that his wife stated that he was worried sick about being in this situation and the last info that
|
I have is that Robert stated to his wife that if just be honest or "come clean" about where got the photos will be ok.
I | l
am not sure if this is the appropriate way to notify everyone of this but it is 4 A.M. and this is the latest in
|
bizarre twists in this case. This is getting serious and way out of control gentlemen. If you have additional information
about this leak, please forward it on to me or ISP Detective Holeman immediately. do not want to get another phone
|
call like this that Mitch or someone else involved in this leak has hurt themselves or someone else.
lam up ifanyone needs to call. My cell is 317430-0192. Thank you and apologize about the email.
|
Sincerely,
Nicholas C. McLeland
Nicholas C. McLeland
Carroll County Prosecutor
101 W. Main Street, Suite 204
Delphi, IN 46923
(765) 5644514
Fax (765) 5641871
nmcleland@carrolIcountvorosecutor.com
NOTICE T0 RECIPIENTS: The information contained in and accompanying this

communication may be confidential, subject to legal privilege, or otherwise protected from
disclosure, and is intended solely for the use of the intended recipient(s). If you are not
the intended recipient of this communication, please delete and destroy all copies in your
possession, notify the sender that you have received this communication in error, and note that
any review or dissemination of, or the taking of any action in reliance on, this communication is
expressly prohibited.
From: Frances Gull <Frances.Gull@allensuperiorcourt.us>

Sent: Sunday, October 8, 2023 11:05 AM
To: Brad Rozzi <brozzi30@yahoo.com>; Nicholas McLeland
<nmc|eland@CarrollCountyProsecutor.com>; ANDREWJ.
BALDWIN <andrew@criminaIdefenseteam.com>
Subject: RE: Leaked info
Good morning Gentlemen,
Thank you for passing this troubling information along to me, am quite disturbed
I
by this new development. Since Nick
has been made aware of this information, am making some assumptions that would like a
I
|
response to:
assume that law enforcement is investigating

PWN!'
|assume the "local contact creator", Rick Snay, has been interviewed
|assume the individuals named, Aine and Kevin, have been interviewed
Iassume law enforcement has demanded the return of the photographs in the possession of Rick
Snay, Aine,
and Kevin
5. assume that Brad and Andy have provided the name of their staff member and the uninvolved third
party to
|
Nick for interview by law enforcement
recall our communication back in December 2022 regarding an email from

Andy to Brad which contained discovery
|
information but was sent to the wrong "Brad" in Andy's address book. Has that individual been interviewed? Could that
be the source of the leak?
am also recalling a bill received from Brad and Andy for

I |
duplication of exhibits by a vendor which disallowed...is it

I
possible that vendor is involved? Brad and Andy should share the name of that vendor and the date that vendor was
hired to Nick and/or law enforcement for investigation as a possible source of the leak.
2
These local content creators are not journalists and have no right to claim any type of privilege. They should divulge to
law enforcement who they got these photographs from to allow law enforcement to continue to investigate. The
photographs must be returned to law enforcement. If they refuse to turn them over voluntarily, will issue an order
|
directing the immediate return or they will be subject to contempt of Court. That contempt will result in an immediate
arrest and incarceration until such time as the photographs are returned. This is a drastic measure should not have to
I
take but will if necessary.
Each of you have numerous staff and assistants helping you with your work. am also assuming that you all trust those
|
individuals to maintain the integrity of the case and that you are confident none of those individuals are involved.
Please let me know at your earliest convenience what your thoughts are about moving forward.
J. Gull
From: Brad Rozzi <brozzi30@yahoo.com>

Sent: Friday, October 6, 2023 4:13 PM
To: Frances Gull <Frances.Gull@al|ensuperiorcourt.us>; Nicholas McLeland
<nmcieland@carrollcountyprosecutor.com>;
ANDREW J. BALDWIN <andrew@criminaldefenseteam.com>
Subject: Leaked info
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking
links, especially from unknown senders.
Good afternoon judge. Andy and wanted to touch base with you before the end of the work week. The issue revolves
l
around the possibility that some of the crime scene photos have been leaked, so to
speak, and are in the hands of the
public. There is most certainly a photo of the"f tree" that is floating around in public. The photo itself, is not overly
disturbing, butthe concept that it is in the hands of the public is of concern.
Of greater concern is the fact that a local content creator, by the name of Rick
snay, has apparently communicated to
the public that he has copies of the crime scene photos. am attaching a of
|
copy the communication that was forwarded

to one of our staff members by a an uninvolved third party. We just learned of this in the last hour.
immediately called
|
Nick and informed him of the circumstance. Turns out, Nick has known about this for the
past 24 to 30 hours or so. He
informed me that they are looking into the matter.
The primary purpose of this email is to communicate our concerns with the situation. We most
certainly, did not leak
this information. We wanted to make sure we got out ahead of this and informed the as well as Nick, in the event
court,
these pictures found their way on the internet. This might be a circumstance which
requires the courts attention. say I
that in terms of conducting some inquiry into the source of this information leak.
Otherwise, Andy and are both l
available for a phone call if necessary. Nick informed me earlier that he too, is available for a
phone call throughout the
weekend, if necessary.
We await your response.
BR
3
EXHIBIT J

October 11, 2023
The Honorable Frances C. Gull

Allen County Superior Court Criminal Division

715 Calhoun St #208

RE: State of Indiana vs. Richard Allen

Cause No. 08C01-2210MR00001
Dear Judge Gull:
Please accept this letter as confirmation that I have communicated with my Attorney, Bradley A.
Rozzi, regarding the circumstances regarding the leaking of sensitive information in this case. I
am aware that images of crime scene photos and other related documents were taken by a friend
and former employee of Attorney Baldwin, at Attorney Baldwin's office. I have discussed with
Attorney Rozzi the potential impact that the distribution of these documents could have on my
defense. Attorney Rozzi has also communciated to me that the Prosecutor has requested that my
Attorneys be disqualified from representing me in this case. I do not want this to happen. I want
Mr. Baldwin and Mr. Rozzi to continue to represent me until this case is resolved, one way or the
other. I believe they are acting in a manner that is in my best interest. I appreciate your time and
consideration in this matter.
Resp ctfiilly submitted,

WW
Richard M. Allen
Westville Correctional Facility

EXHIBIT K

Filed: 10/19/2023 10:07 AM

)SS:
COUNTY OF CARROLL) CAUSE NO. 08C01-2210-MR-000001
)
STATE OF INDIANA )
)
v. )
)
RICHARD ALLEN )
MEMORANDUM REGARDING POSSIBLE DISQUALIFICATION OR SANCTIONS

Any issues or concerns regarding representation should be focused on the 6th Amendment
and Article 1 Section 13 rights of the Accused. Continuity of counsel is critical for adequate
representation. Article 1 Section 12 of the Indiana Constitution must also be given consideration.
Mr. Allen has developed a strong and trusting bond with Mr. Baldwin. Disqualification of either
of his court appointed attorneys would greatly prejudice his right to counsel and a timely trial.
See Barham v. State, 641 N.E.2d 79 (Ind. App. 1994) involving an Accused’s right to
counsel of choice. Barham involved private counsel.
The Sixth Amendment guarantees that "[i]n all criminal prosecutions, the accused
shall ... have the assistance of counsel for his defense." U.S. Const., Amendment
VI. The right to counsel of choice has been described as an "essential component"
of the Sixth Amendment right to counsel, U.S. v. Nichols (1988), 10th Cir., 841
F.2d 1485, 1501
Id.
The authority to remove appointed counsel is limited and has resulted in reversals in
other jurisdictions. See McKinnon v. State, 526 P.2d 18 (Alaska 1974); Smith v. Superior Court of
Los Angeles County, 68 Cal.2d 547, 68 Cal.Rptr. 1, 440 P.2d 65 (1968); Harling v. United States,
387 A.2d 1101 (D.C.1978); People v. Johnson, 215 Mich.App. 658, 547 N.W.2d 65 (1996),
appeal granted in part, 453 Mich. 901, 554 N.W.2d 321 (1996), appeal dismissed, 560 N.W.2d

638 (Mich.1997); People v. Durfee, 215 Mich.App. 677, 547 N.W.2d 344 (1996); In Re Welfare
of M.R.S., 400 N.W.2d 147 (Minn.App.1987).
"A trial court may not remove a defendant's counsel merely over a disagreement
regarding the conduct of defense counsel. Harling v. United States, 387 A.2d
1101, 1105 (D.C.App.1978)." …. "Accordingly, the trial court improperly
removed court-appointed counsel with no authority to do so."
People v. Johnson, 215 Mich.App. 658, 547 N.W.2d 65 (Mich. App. 1996)
A court may remove a defendant's attorney on the basis of gross

incompetence, physical incapacity, or contumacious conduct. People v.
Arquette, 202 Mich.App. 227, 231, 507 N.W.2d 824 (1993). In the present
case, Judge Penzien did not remove Hess for gross incompetence, physical
incapacity, or contumacious conduct. Rather, it appears from the order of July
9, 1993, that Hess was removed for conduct allegedly committed in other
cases or outside the courtroom. As we concluded in People v. Johnson, 451
Mich. 115, 545 N.W.2d 637 (1996), Judge Penzien had no authority to
remove defendant's court-appointed counsel.
People v. Durfee, 215 Mich.App. 677, 547 N.W.2d 344 (Mich. App. 1996)
Disqualification of counsel is an extreme remedy for any alleged or perceived violation
of a court’s order. Most if not all cases concerning disqualification of counsel involve conflicts of
interest. There is no case allowing disqualification when an individual not part of the attorney’s
office or staff surreptitiously purloins information from the attorney and disseminates it without
permission or the attorney’s knowledge.
Furthermore, any sanction first requires proof of knowing, willful or intentional conduct, as
do the Rules of Professional Conduct. Here the attorney’s trust and office were violated without
his knowledge. Rule 1.6, IRPC requires disclosure by an attorney, not someone that purloined
information without the attorney’s knowledge. Commentary 16 to that rule states: “A lawyer
must act competently to safeguard information relating to the representation of a client against
inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the

representation of the client or who are subject to the lawyer's supervision. See Rules 1.1, 5.1 and
5.3.” The disseminators, do not fit that definition.
Attorney Baldwin did nothing wrong. He was snookered and abused. See Hanna v. State,
714 N.E.2d 1162 (Ind. App. 1999) which reversed the conviction because the trial court
erroneously disqualified counsel when the Accused had waived any perceived conflict.
We note at the outset that defense counsel was disqualified in response to the
State's motion and not in response to a defense request for substitute counsel.
Where it is the government which moves to disqualify defense counsel, the
burden is on the government to show that any infringement on the defendant's
choice of counsel is justified. United States v. Diozzi, 807 F.2d 10, 16 (1st
Cir.1986). Diozzi cited Flanagan v. United States, 465 U.S. 259, 268-69, 104
S.Ct. 1051, 79 L.Ed.2d 288 (1984), for the proposition that the Sixth
Amendment right to counsel of choice reflects a constitutional protection of
the defendant's free choice independent of the concern for the objective
fairness of the proceedings.
Id.
The trial court reconsidered its earlier ruling and granted a continuance. While
it denied the defense attorneys' request to withdraw, it sua sponte removed
them from the case because of the "insulting and absolutely improper" remarks
about the court in their motion to reconsider. R. at 80. The court appointed two
new attorneys to represent Jones and ordered that the removed attorneys turn
over their case file to new counsel by April 13. The trial court also referred the
motion to reconsider to the Disciplinary Commission.
State ex. Rel. Jones v. Knox Superior Court No. 1, 728 N.E.2d 133 (Ind. 2000).
The Knox Court also stated that”
This Court is generally of the view that a trial court is limited in its authority to
remove a criminal defendant's court-appointed counsel. However, the Court
finds it unnecessary to explicate the parameters of that authority here. This is
because Carnahan and Dillon here affirmatively requested that they be allowed
to withdraw as Jones's counsel if the relief they sought was not provided. R. at
43.
State ex. Rel. Jones v. Knox Superior Court No. 1, 728 N.E.2d 133 (Ind. 2000).

The issue before the Court is a horrible tragedy created by persons not related to the
defense of Mr. Allen. There were three disseminators, one of which committed suicide after the
law enforcement investigation began.
It should be considered that nothing has been disclosed that won’t be disclosed at trial or
hearings. It should also be considered that there have been volumes of information disseminated
by law enforcement and/or others not at all linked to the defense team.
Mr. Baldwin trusted a friend to respect his office space. He was betrayed. Since that
transgression Mr. Baldwin has kept all Delphi-related items locked in a room or a locked
fireproof file cabinet. Furthermore, defense counsel has put together a plan for curative action in
which no items will be left unattended for even a second in any unlocked room. When any
documents or item from the case is needed for preparing the case, the person using the
documents or items will either (1) lock the door behind them when they leave, even for a lunch
break or bathroom break; or (2) return those documents or items to the room dedicated to the
Delphi case and lock the door.
As Mr. Rozzi indicated there are vast amounts of trial preparation materials and it would
be a set back to the defense have to relocate them. Under these circumstances Mr. Baldwin has
taken sufficient curative action.
Should the Court believe there should be some sanction the Court could order to 24 hours
of representation without compensation.
Respectfully Submitted,
/s/David R. Hennessy

The undersigned hereby certifies that a copy of the foregoing was served upon all counsel
of record at the time of filing.
/s/ DAVID R. HENNESSY
DAVID R. HENNESSY
Attorney at Law
9335 Promontory Circle
Indianapolis, IN 46236
(317) 636-6160
Attorney No. 8216-49
hen@indylaw4all.com

EXHIBIT L

Filed: 4/5/2023 10:39 AM

)ss:
COUNTY OF CARROLL ) CAUSE NO. 08C0122101VIR000001
STATE OF INDIANA )
vs. )
RICHARD M. ALLEN )
EMEGENCY MOTION TO MODIFY SAFEKEEPING ORDER

Comes now the Defendant, Richard M. Allen, by and through his Attorney,
Bradley A. Rozzi, and respectfully requests that this Court modify the Court Order
("Safekeeping Order") entered on November 3, 2022, in this cause. In support of said
Motion, Attorney Rozzi states as follows:
1. On or about October 28, 2022, Mr. Allen was charged with two (2)
Counts of Murder. Mr. Allen's bond was set in the amount of 20 million dollars;
2. On November 3, 2022, prior to Counsel being assigned to Mr. Allen,
the Carroll County Sheriff, via formal Motion, filed his Request by the Sherzfir of Carroll
County, Indiana, to Transfer Inmate fiom the Custom) of the Sherifi' to the Custody of
the Indiana Department of Corrections for Safekeeping;
3. 0n the same day, November 3, 2022, the Honorable Benjamin A. Diener,
Judge of the Carroll Circuit Court, executed a Court Order granting the Sheriff's request
and fiirther ordered the Carroll County Sheriff to transfer Mr. Allen to a facility, within
the Indiana Department of Corrections, as designated by the Commissioner of the

Department of Corrections, suitable for Mr. Allen's safekeeping. A11 decisions
regarding Mr. Allen's detention circumstances were made prior to Counsel being
assigned to Mr. Allen to speak on his behalf. No formal hearing regarding the Sheriff's
HILLIS. IIILLIs,
{oz21 & DEAN. LLc safekeeping request have been conducted as of the date of filing of this motion;
ATTORN'EYS AT LAW
200 FOURTH ST.
.OGANBPORT. IN 46947
4. Mr. Allen is currently incarcerated in the Westville Correctional Facility
I514) 7224560
FAX $74) 722-2659 where he has been detained since November, 2022;
Joan R. Hams
Ln. 117533-09
Rummy A. Rozzx
Lo. #2336509
BMDEN J. DEAN
LI). "31041-34

5. The Westville Correctional Facility is a maximum-security prison operated
by the Indiana Department of Corrections wherein thousands of individuals convicted

of the most serious crimes such as murder, rape, robbery and child molesting are
confined as a result of their convictions. To the best of Counsel's knowledge, Westville
Correctional Facility does not routinely house offender's awaiting trial, who are
presumed innocent, as the presumption should be with Mr. Allen;

6. It is further noteworthy that Mr. Allen has been continuously assigned to a
separate maximum security segregation unit within the Westville Correctional Facility
wherein the most dangerous offenders are held. Counsel has investigated and
confirmed with prison officials, that said unit routinely houses individuals serving
sentences of life without parole and others who have committed some of the most
heinous crimes known to our society or have been transferred to this unit after
committing further crimes within the Department of Corrections. Counsel was

informed by prison employees that said employees were not aware of any other
circumstance wherein a human, facing trial under circumstances such as these, has been
housed in said facility. Finally, Counsel has discovered that Westville Correctional
Facility has been the center of much attention, in the recent past, in matters involving
unequal and inhumane treatment of offenders. 1;
7. "The requirement of equal protection dictates, as appellees here agree, that
pretrial detainees may not be treated less favorably than convicted persons, unless the
difference in treatment is justified by a legitimate government interest. Brief of
appellees at 43. As the Second Circuit indicated in Rhem v. Malcolm, 507 F.2d 333 [2d
Cir. 19741, "The demands of equal protection of the laws and of due process prevent
unjustifiable confinement of detainees under worse conditions than convicted

prisoners." Id. at 336. See also, Inmates of Suffoll< Co. Jail v. Eisenstadt, 360 F.Sugg.
676. 686 IQ.Mass.l9731 affd 494 F.2d 1196 ilst Cir. i, cert. denied sub nom. Hall v
HILLIS. HILLIS,
{OZZI & DEAN. LLc Inmates of Suffolk Countv Jail. 419 U.S. 977. 95 S.Ct. 239. 42 L.Ed.2d 189
Awvrommvs AT LAW
200 FOURTH ST.
.OGANsp-on'r. 1N 4594.7 (1974); Jones v. Wittenberg, 323 F.Supfl. 93, 99-100 [fl.D.Ohio 19711, afl'd sub
I574) 782-4560
FAX 1574! 122-2669 nom. Jones v. Metzger, 456 F.2d 854 [6th Cir. 1972 l; Brenneman v. Madiggi, 343
Joan R. Hmxs
1.13. Mass-09
Bmmv A. Razz: [inmate kgpt in solitary will net $400K from stat_e_. lav. vers saw iindvstarcomr.
Ln. "sass-09
BRADEN J . DEAN
Ln. 031941-34

F.Su . 128 138 .D.Ca1.1972 ; Scale v. Manson. 326 F.Sugg. 1375
[D.Conn.197l }; Tyler v. Ciccone. 299 F.Sugp. 684 [W.D.Mo.196 9 1.";

8. Counsel recently visited the prison and was denied of his request to inspect
his client's cell block and living circumstances. Despite this, Counsel has reason to
believe that Mr. Allen has been required to endure the following conditions, over the
course of his five-plus month detainrnent at the facility:
a. Mr. Allen's has been entombed in a cell as small as a 6ft in width by 1oft in
length, a space no larger than that of a dog kennel.
b Mr. Allen is sleeping on a pad on a concrete floor.
Mr. Allen is afforded showers only one to two times per week.
Mr. Allen is required to wear the same clothes, including underwear, for
days and days on end, all of which are soiled, stained, tattered and torn.
e Mr. Allen, who is a constitutionally innocent man and maintains his factual
innocence as well, has not been afforded any opportunity to visit his Wife or
other family members during the last 5 months of incarceration during which
time he has been subjected to conditions akin to those of a prisoner of war.
Mr. Allen is allowed only an electronic tablet through which he can make
calls to family members, all of which is monitored by prison officials, with
the cost of all phone calls being home by Rick and his family.
Mr. Allen is routinely supervised by other inmates ("companions" as

referred to within the confines of the prison) who sit on watch outside of his
cell door on a daily basis.
h Mr. Allen is afforded very little, if any, recreation time outside of his cold,
concrete, and metal quarters.
Attorneys for Mr. Allen delivered nearly 1,000 pages of police reports to
Mr. Allen on Friday, March 24, 2023, with the intention of seeking their
client's cooperation in his own defense. As of Monday, April 3'", 2023, said
IIILLIS. HILLIS. information has yet to be provided to Mr. Allen;
{our & DEAN. LLc
ATTORNEYS AT LAW
200 FOURTH ST. 9. The location of Mr. Allen's detention is such that he is isolated
IOGANSPORT. IN 46947
1574) 123-4560
FAX (574) 728-2859
geographically, not only from his family but also from his Attorneys, who are required
JOHN R. HILLIS
1.1).:1753309
Emmy A. Rozzx
1.1). «23365-09
BRADEN J. DEAN
Ln. «31941.34

to travel for hours to speak with him in confidence regarding his case. Said visits also
require making logistical arrangements with prison officials in advance of visits. 2;
10. It is difi'icult, if not impossible, for Mr. Allen's Attorneys to share

confidential and sensitive information with Mr. Allen due to the logistical challenges
associated with Mr. Allen's segregation and isolation to the extent that Mr. Allen is
being deprived of his constitutional right to assist in his defense. In contrast, the State
of Indiana, through it's prosecutorial and law enforcement divisions, sit in the comfort
of their own command center planning and preparing to prosecute Mr. Allen to the
fullest extent of the law;
Allen is being treated far less favorably than a convicted person,
11. In sum, Mr.
many of which are housed in less secure areas of the prison, are offered programming,
therapy, and mental health services, routine recreation, and contact visits with family
and friends;
To further complicate matters, Mr. Allen has suffered from depression

12.
dating back to his early years. Upon his incarceration, Mr. Allen was presumably
evaluated and medicated by prison medical staff. Up until a visit with Mr. Allen on
April 4, 2023, counsel for Mr. Allen found him to be polite, communicative with great
eye contact, generally responsive to our questions and exhibiting a good sense of humor
on occasion in spite of his false arrest and circumstances. However, Mr. Allen's
deteriorating physical condition has been observed by Counsel dating back to the
beginning of the new year.

As recently as Friday, April 24th, 2023, Attorney Andrew Baldwin met with Mr.
Allen with optimistic news about the direction of the case, and Mr. Allen was
inquisitive about the information, was thankful about the information and optimistic
about the information. Only ten days later (April 3, 2023), Attorneys for Mr. Allen
observed a steep decline in Mr. Allen's demeanor, ability to communicate, ability to

HILLIS, HILLIS.
iozzx & DEAN. LLC comprehend and ability to assist in his defense. Simply put, this version of Richard
ATTORNEYS AT LAW
200 FOURTH ST,
.OGAN SPORT. IN 46947
I574) 7224560
FAX 574) 722-2359 2
Counsel would note that Westville prison ofiicials have been more than accommodating and courteous
Joan R. Hams to coansel during visits with Mr. Allen (other than the recent denial of our request to visit Allen's cell),
Ln. "7533-09
despite the harsh and unreasonable conditions under which Mr. Allen is currently detained.
Bmwr' A. Rozzr
1.1). #2336509
Emma J. DEAN
Ln. «31041.34

Allen was a very different version than counsel for Mr. Allen had interacted with over
the past five months. Mr. Allen appeared to be suffering from various psychotic
symptoms which counsel would describe as schizophrenic and delusional. Counsel

fiirther believes that in our April 4, 2023 interaction, Mr. Allen seems to be suffering
from memory loss and is demonstrating an overall inability to communicate rationally
with counsel and family members. Counsel experienced, these symptoms, firsthand,
upon visiting Mr. Allen on Monday, April 4th, 2023;

13. Mr. Allen's physical condition is deteriorating rapidly. Attached Exhibit
"A" is a photo of Mr. Allen, taken by Counsel at the correctional facility, on April 4th,
2023. Said photo reflects the significant toll of his current incarceration on his physical
person and by extension, his mental capacity. By contrast, see attached Exhibit "B"
which reflects his condition a year or two prior to his incarceration. The conditions
under which Mr. Allen has been forced to endure are akin to that of a prisoner of war;
14. The test for determining the constitutionality of treatment of pretrial
detainees alleged to deprive them of liberty without due process of law is "whether
those conditions amount to punishment of the detainee."§ Bell v. Wolfish, 441 U.S.
520. 535. 99 S.Ct. 18611 1872. 60 L.Ed.2d 447 [1979}. Here, Mr. Allen is being
punished to the fullest extent of the law. The conditions he is currently enduring have
been thrust upon him without any judicial analysis of the need for such a deprivation of
his liberty. Further, counsel is unaware of any facts, outside of those generally alleged
in the Sheriff s safekeeping petition which support the need to detain Mr. Allen on what
could casually be referred to as "death row.";
15. Approximately 2 months prior to the filing of this Petition, Attorney Rozzi
was able to secure a more traditional bed space in the Cass County Jail, a newly erected
modern jail facility with the most advanced security measures, located directly across
Rozzi's office and only approximately 20 miles from the
the street from Attorney
HILLIS. HILLIS.
Rozzl & DEAN, LLo Carroll County Courthouse. Said modification of Mr. Allen's incarceration would
ATTORNEYS AT LAW
200 FOURTH ST.
LOGANSPORT. IN 46947 result in a more humane living environment in which Mr. Allen would be afforded
(514) 7224560
FAX I516 122-9669 immediate access to his attorneys and more importantly, would allow Mr. Allen to have
JOHN R. HILLIS
1.13. Mass-on regular contact visits with his family, i.e., this detention circumstance would afford Mr.
BRADLEY A. R0221
[.D. «2330509
BRADEN J. DEAN
u). "1941-34

Allen due process of law. Under these circumstances, Mr. Allen would be treated like
other inmates awaiting trial in the criminal justice system, as opposed to being punished
based only on the merits of untested charging information and probable cause affidavit;
16. In the process of facilitating Mr. Allen's removal from Westville
Correctional Facility, Attorney Rozzi communicated with Prosecutor, Nicholas
McLeland, who articulated that he had no objection to a modification of Mr. Allen's

detention circumstances to a facility closer to Carroll County;
17. Attorney Rozzi was recently informed that the Carroll County Sheriff's
Department declined Attorney Rozzi's request to have Mr. Allen removed fi'om the
harsh conditions under which he is currently detained to a more traditional County jail
near Mr. Allen's Attorneys and family. Mr. Allen asserts that said denial is a deliberate
attempt to impose conditions upon him that are intended to fi'ustrate his purpose in
defending against the charged allegations and create a hardship on him which would
drive any human to mental breakdown. Said approach to his pre-trial detention is a
direct infringement on his 6'" Amendments rights under the U.S. Constitution;
18. From a practical standpoint, it is also worth noting that the raw volume of
discovery offered up by the State of Indiana in this case, is overwhelming. For

example, there exists nearly 3,000 pages of law enforcement reports that need to be
examined in this cause. In addition, there exists thousands of hours of surveillance
video and video interviews of potential suspects, witnesses, and other interested parties.
The discovery suggests that law enforcement authorities have processed over 31,000
tips during the course of the investigation, all of which must be reviewed by the
Defense. Reasonable access to Mr. Allen, is necessary as he is needed to assist with the
process of reviewing discovery. His current detention situation does not provide this
convenience;
l9. As a further practical matter, both co-counsel for Mr. Allen are having to
HILLIS. HILLIS.
R0221 an DEAN, LLc drive hours away fiom their respective law offices in order to talk with Mr. Allen, and
ATTORNEYS AT LAW
200 FOURTH ST.
Locust-om» m 43947 the time spent on the road is much more costly for Carroll County taxpayers than
1514) 722-4560
FAX (574) 725-9659
housing Mr. Allen in Cass County where everyone (except the Carroll County Sheriff)
J can R. HILLII is on board with Mr. Allen being housed during the pendency of this case; and
Ln. «7533.09
BRADLEY A. RozzI
LD. #2336509
BRADEN J. DEAN
1.1). 031941-34

20. Attorney Rozzi believes an emergency exists and time is of the essence
based upon the dramatic change in Mr. Allen's condition, including his change in
demeanor, change in appearance, and change in his overall mental health status, and
respectfully requests that this Honorable Court modify the Safekeeping Order (as
permitted by LC. 35-33-11-1) and order Richard Allen to be transported and housed at
the Cass County jail or somewhere nearer to his family and lawyers, and to do so
without a hearing, or (in the alternative) to conduct a hearing as soon as possible before
Mr. Allen is placed in further jeopardy due to his current placement, and also so that
Mr. Allen may assist his lawyers in addressing Mr. Allen's mental health concerns as
well as allowing Mr. Allen to participate in the preparation of his defense, and for all
other just and proper relief in the premises.
Respectfully mitted,
ey A. R0; #23365-09
I certify that I have served a copy of this document by the County efiling
system upon the Carroll County Prosecutor's Office and Andrew J. Baldwin the 5th
day of April, 2023.
Bradley . 221, #2 365-09

HILL ILLIS ZZI&D AN
.-
ourth et
HILLIS, HLLLIS. rt IN 46947
{0221 an DEAN. LLc
ATTORNEYS AT LAW 574-722-4560
200FOURTH ST.
'OGANSPORT. 1N 40947
I574! 1224560
FA'x' I574) 7224059
JonN R. H 11.1.15
LD. "7533-09
BRADLEY A. Razz:
Lu. «2333509
BRADEN J. DEAN
LD. #3194134

EXHIBIT M

Filed: 9/18/2023 2:06 AM

)ss:
COUNTY OF CARROLL ) CAUSE NO. 08C012210-MR-000001
STATE OF INDIANA
)))))
vs.
RICHARD M. ALLEN
VERIFIED MOTION FOR MEDIATE TRANSFER 0F CUSTODY

Comes now the Defendant, Richard M. Allen, by Counsel, Bradley A. Rozzi and
Andrew J. Baldwin, and in support of their Verified Motion for Immediate Transfer of
Custody, Counsel Rozzi and Baldwin swear and affirm to the followirlg:
1. Pursuant to the Charging Information filed on or about October 28, 2022,
Richard M. Allen is currently facing two Counts of Felony Murder;

2. On November 3, 2022, the Honorable Benjamin A. Diener, Judge of the
Carroll Circuit Court, issued a Court Order which has been previously referred to, in
this cause, as the "Safekeeping Order." Pursuant to the Safekeeping Order, the Carroll
County Sheriff relinquished jurisdiction of Defendant Allen's care and custody to the
Indiana Department of Corrections;
3. Shortly afier the Safekeeping Order was entered, Defendant Allen was
transported to the Westville Correctional Facility and jailed in the maximum security
unit within the confines of Westville Correctional Facility. Defendant Allen has
remained incarcerated in said unit, continuously, since November of 2022;
4. Counsel for Defendant Allen have previously requested that Defendant
Allen be removed fiom the Westville Correctional Facility on the basis that Defendant
Allen has been exposed to conditions far more harsh than those of other pre-trial
HILLIS, HILLIS. detainees across the State of Indiana. In its Order of July 19, 2023, the Court denied
Rozzx & DEAN. LLC
ATTORNEYS AT LAW Counsels' request for transfer and in fact, found that Defendant Allen was being
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Facility." Counsel for Defendant Allen believe that it is improper to compare
J 031v R. HILLIS
Ln. 97533-09 Defendant Allen's circumstances with those of other offenders who have been
BRADLEY A. ROZZI
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convicted of crimes such as murder, rape, child molesting and Robbery, to mention a
few. Defendant Allen's incarceration in the maximum security unit has exposed him to
the most isolated conditions an ofl'ender can be subjected to While imprisoned.
Moreover, the unit wherein he is currently being isolated is designed for the sole
purpose of segregating and punishing the worst and most heinous ofi'enders in our
prison system. As and innocent man, Defendant Allen cannot be classified as such.
Attorney's for Defendant Allen have discovered additional circumstances which lend
support to the unjust and inhuman conditions under which Defendant Allen has been
detained for the past 9 months;
5. Simultaneously herewith, Defendant Allen's Attorneys have filed various
pleadings including, but not limited to, a Motion for Frank's Hearing (hereinafter
"Frank's Notice"). Within the Frank's Notice and supporting Memorandum, Defendant
Allen's defense offers up numerous facts and circumstances which connect members of
the Son 'sof Odin (a/k/a Odinites/Odinism/Vinlanders and various other splinter
groups), a white supremacist goup, to the murders of Abigail Williams and Libby
German. A large majority of the facts and circumstances referenced in the Frank's
Notice and supporting Memorandum were obtained through the nonnal course of
discovery, from law enforcement files. It is, however, notable that there have been very
few, if any, references by law enforcement authorities to these Odinistic ties, throughout
the six year investigation in this case. Said information was noticeably absent firom the
Probable Cause Affidavit filed with this Court on October 28, 2022, which supported
the search of Defendant Allen's home. Counsel incorporates herein, all references to the
Son's of Odin/Odinites/Odinism/Vinlanders, etc., referenced in the Frank's Notice and

supporting Memorandum;
6. Allen's defense team, including Andrew Baldwin, Matt Hoffman, Max
HILLIS. HILLIS. Baker, and undersigned Counsel, have visited Westville Correctional Facility on a
Rozzl & DEAN. LLc number of occasions dating back to the winterof 2022. During one of the initial visits
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JOHN R. HILLIS
LD. #3753309 Randy Jones. One patch, consistently worn by Sgt. Jones, reads as follows: "In Odin
BRADLEY A. Rozzx
LD. mama
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We Trust." Counsel has also observed patches containing three interconnected triangles
on the chest of Sgt. Jones. Sgt. Robinson has worn similar patches with Odinistic
references. As mentioned in the Frank's Notice and supporting Memorandum, these
patches, with their references and symbols, have direct
ties to the practice of Odinism;
7. Members of the defense team have also observed patches on other guards
during Visits to the facility. Because of the very limited contact and brief interactions, it
has been difficult to document and even corroborate the actual words and symbols on
these patches;
Through the discovery process, defense counsel has sought out, fiom the
8.
DOC, video footage flom Defendant Allen's cell and video of many of the movements
of Defendant Allen within the facility. To date, the defense has received video fiom
November of 2022, as well as additional footage fiom April, May, and June of 2023. A
geat number of the videos reflect that Sgt. Jones is commonly assigned to the
movements of Defendant Allen in and around the facility;
9. On Tuesday, May 30, 2023, Attorney Rozzi, assistant Max Baker, and Kathy
Allen visited with Defendant Allen at the Westville Correctional Facility. The visit
occurred in the traditional visitation room used by other inmates. The DOC officials
cleared the room so that only Defendant Allen, his defense team, his Wife, and DOC
employees were present. During the visit, Sgt. Jones stationed himself within fifteen
feet fi'om Defendant Allen as he (Allen) and his Wife were allowed to communicate
with each other fiom opposite sides of the table. Sgt. Robinson was also present for the
transport of Defendant Allen fiom the visitation room. There was no privacy afforded
to Defendant Allen and his Wife during this visit. The room was nearly empty and
therefore, there was no background noise of any kind to ofi'er up any sense of privacy to
Defendant Allen and his Wife. Sgt. Jones remained at his post during the entire Visit,
within earshot of Defendant Allen and his Wife;
HILLIS. HILLIS.
Rozzx & DEAN. LLc 10. As stated, Allen's defense team received Videos fiom the Indiana
ATTORNEY s AT LAW
200 FOURTH ST.
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during his incarceration. One such video represents an incident which appears to have
JOHN R. HILLIS
Ln. #753309 occurred between May 18, 2023, and May 25, 2023. In the video (labeled as
BRADLEY A. ROZZI
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M2U01136), Sgt. Jones can be seen warning Defendant Allen that he will be tased if he
(Allen) does not remove his hands fiom the cuff port in the door of Defendant Allen's
cell. Defendant Allen did not remove his hands fiom the cuff port which resulted in
Sgt. Jones deploying his taser to Defendant Allen's hands. No "use of force check-off
sheet" was completed as it appeared fiom the communications between the Officers that
Sgt. Jones did not believe that Defendant Allen was actually struck with the taser. The
issue of whether or not he was struck by the taser-is of no consequence. At no time
during this altercation was Defendant Allen posing any safety risk to any of the Officers
involved or any of the other inmates housed in the facility. Defendant Allen was
securely locked in his cell (within the most secure unit in Westville Correctional
Facility) and the only aspect of non-compliance involved Defendant Allen's hands
sticking outside of the small rectangular sleeve, in the cell door, that is used to exchange
food, medications, and other items with the inmate;
11. There exists a second video (labeled as M2U01106) which appears to have
been taken between the dates of May 9, 2023, and May 15, 2023, wherein Defendant
Allen is locked securely in his celll. Prison guards appear to be removing handcuffs
fiom Defendant Allen, presumably, after transporting Defendant Allen back to his cell
fi'om some other location within the facility. While it is difficult to tell, it appears that
Sgt. Jones may have been present during the incident. Either way, an unknown Officer
deploys his taser striking Defendant Allen's hands. Again, there was no safety threat
being posed by Defendant Allen at the time of the tasing incident;
12. On April 28, 2023, DOC Inmate, Robert P. Baston, while housed in the
maximum security unit at Westville Correctional Facility, filed a letter with the Court.
Within this correspondence, Inmate Baston claimed, in pertinent part, the following:
"there are corrupt officers and ranking officers calling Richard Allen a kid killer,
HILLIS, HILLIS. teasing hirn that he has a visit fi'om his farnily,. . ." On Friday, August 4, 2023, Attorney
Rozz1 6a DEAN. LLc Rozzi and Assistant Baker visited with Inmate Baston at the Westville Correctional
moms .x-r LAW
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LOGANSPORT. IN 46947 Facility. During said visit, Inmate Baston told both Rozzi and Baker that Sgt. Joshua
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Counsel ofi'ered up to the Court, an electronic copy of this videos referenced in paragraphs 10 and 11
Ln, #753509
8mm A. Rona! above, at the time of filing of this Motion.
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3mm J. DEAN
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Robinson is one of the guards that was playing a pra11k on Defendant Allen. At the time
of this meeting, Inmate Baston was unaware of any concerns that the defense team had
regarding Son's of Odin and their involvement in this case. See Affidavit
of Max
Baker attached to the Frank's Notice;
l3. The defense team has sought out and offers up, herein, at DOC video
and
(labeled as M2U01026) that appears to have been recorded between April 17, 2023,
April 21, 20232. During the video, Defendant Allen is being transported to a location
within the maximum security-unit to get a haircut. During the transport, an unidentified
prison guard is walking Defendant Allen on a leash. Sgt. Jones can be seen in the same
video. At approximately 2 minutes and 17 seconds into the Video, the unknown officer
with the leash reaches up to his right chest area and removes a patch fiom his uniform
placing the patch in his pocket. It appears from the video that someone, most likely the
individual holding the video camera, prompted the unknown officer's actions. Counsel
has been unable to identify the specific officer involved or the contents on the patch and
therefore, cannot confirm that said behavior is directly linked with the Odinistic
practices referenced herein. However, one need not have a degree in rocket science to
conclude that staff members are attempting to conceal obviously unacceptable practices,
within the secured walls of the maximum security unit;
14. Defense Counsel began taking depositions in this cause during the week
beginning August 7, 2023. During that week, Counsel deposed both Sheriff Ligget and
Detective Jerry Holeman. It was during these depositions that Defense Counsel first
raised issues and offered up exhibits pertaining to the Son's of Odin/Odinism and its
obvious ties to these crimes. Thereafier, Counsel visited Defendant Allen on two
different occasions since Allen's Defense team put the State of Indiana and its
investigating officers on notice of the Odinistic ties to this case. The visits occurred on
HILLIS. HILLIS. August 17, 2023, and again on August 25, 2023. During the August 25m visit, Attorney
Rozzx & DEAN. LLC Rozzi observed that Sgt. Robinson no longer had a patch on his chest. This change of
ATTORNEYS AT LAW
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FAX (51¢ 122-2669 circumstances that prison officials are now aware of the Odinistic ties to this case and
BILLIs
JOHN R.
nsmn
1.1).
BRADLEY A. ROZZI
1.13. mason-09
2
Counsel ofiered up to the Court, an electronic copy of this video at the time of filing of this Motion.
BRADIN J. DEAN
Ln "1941.34

have instructed their guards and other staff members to remove/conceal their patches
during video tapings of Defendant Allen's movements witlfin the facility as well
as
during visits by members of the defense team;

15. On June 13, 2023, this Court conducted a hearing on various issues
including, but not limited to, the Safekeeping Order. At that hearing, Sheriff Liggett
testified that he had made a visit to the Westville Correctional Facility and insinuated
that it had been several months prior to the June hearing but could not remember the
exact date. In his deposition of August 8, 2023, Sherifi' Liggett then acknowledged that
he had visited the Westville Correctional Facility, in the company of Trooper Holeman
and Investigator Steve Mullin, sometime in late 2022 or early 2023, but he couldn't
recall the exact month of the visit. See p. 44 lines 24-25 and p. 45 lines 21-22 in
- -
the attached deposition transcript of Sherifi' Liggett. It appears there were ties
between the Carroll County Sheriff's Department and the Westville Correctional
Facility, despite the issuance of the Safekeeping Order, which otherwise divested the
Carroll County Sheriff's Department of its jurisdiction over the custody Richard Allen.
That is to say that the Carroll County Sherifi's Department has a vested interest in
Defendant Allen's continued incarceration in and amongst a culture which appears to be
ripe with Odinistic connections;

l6. Of further concern is the fact that there exists literature, such as a 1998
Article fiom the Southern Poverty Law Center titled "New Brand of Racist Odinist
"
Religion on the Marc which focuses on the growth of the neo-Pagan white
supremacist group within prison systems across the country. New Brand of Racist
Odinist Religion on the March LSoutherninvert\ Law Center tsplcenterbru )3 A local
news article published by WRTV Indianapolis titled "These are the hate groups
operating in Indiana" (published on November 18, 2016), identified many of the hate
Elms. HILLIS. groups and other extremists who were operating within the State of Indiana. These are
Roz-2.1 & DEAN, LLC the hate groups operatinu in Indiana (wrtv.com)4. Many of these are associated with the
ATTORNEYS AT LAW
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LOGANSPORT. IN 48947 Odinism and/or splinter groups such as the Soldiers of Odin, Vinlanders, etc. The
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JOHN R. Bums
Ln. #7533419 3
Counsel has attached hereto, a hard copy of the referenced SPLC article.
BRADLEY A. R0221
u). {2339509
4
Counsel has attached hereto, a hard copy of the article published by WRTV Indiana.
BRADRN J. DEAN
Ln. "31941-34

United States Supreme Court, in 2005, issued a ruling in Cutter v. Wilkinson, 544
U.S.709 (2005), wherein the Justices found that prisons must accommodate unusual
faiths such as Odinism. See Southern Poverty Law Center Article Titled "Supreme
Court Requires Prisons Give Special Consideration to Racist Pagans", August 21,
20095. There can be no dOubt that prisoners with Odinistic beliefs and practices
continue to grace the halls of our prison system today;

17. On Wednesday, August 23, 2023, Attorney Rozzi deposed an
Indiana State Trooper (hereinafler referred to as "Trooper X") who has served for many
in our state.
years on task forces and as an undercover agent, infiltrating hate groups
Trooper X was sought out and consulted by law enforcement investigators
in this case
for hiS/her expertise with Odinistic practices and activities within Indiana. During the
deposition, Trooper X acknowledged that Odinism consisted of two types,

the good and
the evil. Said Trooper further confirmed that he/she was aware of the existence of the
evil side of Odinism operating Within the prison system in Indiana. See depo transcript
attached hereto, pages 28-316. Is it possible that Westville Correctional Facility has
cleansed itself of any such prisoners and any activity of this sort? Not likely.
Moreover, to the extent there is an innocent explanation for the Odinistic content on the
and promote
patches, it is not unfair to ask why guards would be permitted to advertise
the views of such a radical hate group in an environment where inmates routinely
associate with the very same evil belief system. And by extension, one might opine as
to why guards assigned to Defendant Allen happen to be there very same guards
advertising the Odinistic patches on their chest;

18. Attorneys for Richard Allen request that his safety be prioritized and that he
be removed from an environment that approves of and promotes the Odinistic brand.
Counsel flirther requests that he be transferred to a correctional facility, such as the
White County Jail, where he was previously housed without incident. In the alternative,
HILLls. HILLIS.
Rozz1 & DEAN, LLC Counsel requests that Defendant Allen be transferred to the Cass County Jail where he
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200 NURTH ST.
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5
Counsel has attached hereto, a hard copy of the referenced SPLC article.
6
Counsel has attached hereto, copies of pages 28-30 of Trooper X's deposition transcript and
Jam: R. BILLIE
m). «153309 intentionally omitted the name of an individual, not otherwise referenced in the Frank's Notice or
Memorandum, in an effort to maintain Trooper X's identity. The omissions are found on page 29 line 5

BRADLEY A. Rozzx
Ll). #2336509 and on page 29 lines 16 and 17.
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could be housed in a more modern and suitable jail, one designed and intended to house
pre-trial detainees (those presumed by our Constitution to be innocent) until the charges
in this case are fully adjudicated.
(WM-.30 65
dre'xiv J. Baldwin. #1785
I swear and affirm under the penalties for perjury that the foregoing
representations are true.
l 09
drewlJ. Baldwin. #17851441
of this document by the County e-filing
I certify that I have served a copy
system upon the Carroll County Prosecutor's Office the l 8 day of September,
2023.
éy A. Rozz #233 -09

ZZI DEAN
0 S.0
Loanso 4 947
HILLIS, HILLIS.
R0221 & DEAN. LLC
ATTORNEYS AT LAW drew? B
'
#17851
V
200 FOURTH 8T.
LOGANSPORT. IN 46947 BALDWIN, P Y& WIL , RC
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150 N. Main Stree
Franklin, IN 46131
JOHN R. Hunts
(.1). 97533.09
BRADLEY A. Rozzx
LD. «330549
BRADEN J. DEAN
m. #31941~3§

EXHIBIT N

Filed: 10/25/2023 7:51 PM

)ss
STATE OF INDIANA )
)
V. )
)
RICHARD ALLEN )
MOTION TO DISQUALIFY
Comes now the Accused, by counsel, and pursuant to Rule 2.11 of the Indiana
Code of Judicial Conduct and Rules 12(B) and (D) of the Indiana Rules of Criminal
Procedure respectfully and moves for recusal of and change of judge from Judge
Frances C. Gull.
1. Rule 2.11 of the Indiana Code of Judicial Conduct requires a judge to
disqualify himself or herself when the judge's impartiality might reasonably be
questioned. Such is the case in this cause of action for the reasons described below.
2. The comments to Rule 2.11 provide additional guidance:
[1] Under this Rule, a judge is disqualified whenever the judge's

impartiality might reasonably be questioned, regardless of whether any
of the specific provisions of paragraphs (A)(1) through (6) apply. In
many jurisdictions, the term "recusal" is used interchangeably with the
term "disqualification."
[2] A judge's obligation not to hear or decide matters in which
disqualification is required applies regardless of whether a motion to
disqualify is filed.
[5] A judge should disclose on the record information that the judge
believes the parties or their lawyers might reasonably consider relevant
HILLIS, HILLIS, to a possible motion for disqualification, even if the judge believes
R0221 & DEAN, LLC there is no basis for disqualification.
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3. Judge Gull has removed and concealed, or allowed to be removed by the Clerk
FAX (574i 722-2850
JOHN R. HILIJS of Carroll County, defense pleadings from the chronological case summary in violation
1.1). «97533-09
BRAme A. Rozzx
1.9.»2336509
of the Indiana Supreme Court's Administrative Rules. Those pleadings include: Franks
BRAJmm J. DEAN
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motion filed 9/18/23; Franks memorandum filed 9/18/23; three affidavits (Warden
Galipeau, Sgt Jones, Sgt Robinson) filed 10/10/23 and the afiidavit of the leaker, Mitch
Westerman. Judge Gull has not removed or hidden any State filings.
4. Indiana Access to Court Records Rule 2(A) provides in pertinent part, "All
persons have access to Court Records as provided in this rule," and that certain persons
have greater access to Court Records. The Commentary to ACR Rule 2(A) is that "all
persons, including members of the general public, the media, and commercial and non-
commercial entities are entitled to the same basic level of access to Court Records."
And, ACR Rule 4 provides that "A Court Record is accessible to the public except as
provided in Rule 5." ACR Rule 5(A) provides that certain "Entire Cases" shall be
excluded from public access, without notice of exclusion, but this "entire case" has not
been declared confidential by statute or rule, and meets none of the other criteria laid
out in ACR Rule 5(A). ACR Rule 5(B) provides the process for excluding individual
Case Records. However, none of the thirteen listed grounds for excluding public access
to the records secreted from the docket in this case apply to the above referenced
documents which have either disappeared from the CCS or are inaccessible to the
public, nor were the documents filed using the procedures required by ACR Rule 5(B)
(i.e., filing on green paper, or filing electronically as a confidential document, along
with an ACR form identifying the specific grounds upon which exclusion is based). By
secreting pleadings fiom the docket without following the Access to Court Records
HILLIS. HILLIs.
Ruzzx & DEAN. LLC Rules, Judge Gull has, or has allowed, violations of public access. Because those acts
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have only shielded documents from the defendant, these actions clearly demonstrate a
FAX (574) 722-2650
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1.)). «753309
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1.1:). #2336509
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1.1). #31 941-34

lack of impartiality and fairness in Violation of Judicial Rule 1.1 Compliance with the
Law} and Rule 2.2 Impartiality and Faimess.2
S. On October 12, 2023 Judge Gull instructed appointed counsel to "cease work
on Mr. Allen's case" which interfered with the attorney-client relationship and
prejudiced the Accused by denying him the timely efiective representation guaranteed
him by the State and Federal Constitutions.
6. On October 19, 2023 Judge Gull conducted critical stage proceedings in
chambers outside the presence of the Accused even though she had ordered him
transported and he was available. She then did the same after placing his attorneys in an
ethical dilemma and again, creating a public record outside of the presence of the
Accused. This ignored clear precedent.
7. On October l9, 2023 Judge Gull ambushed appointed counsel with a planned
Hobson's choice designed to coerce withdrawals. The choice presented was to sufi'er a
public shaming AND be removed from the case or to voluntarily withdraw. Despite
defense counsel requesting clarification as to the topics and/or motions to be addressed
at the October l9, 2023 hearing, she gave defense counsel no notice of her plan to force
withdrawals or remove them, thus, denying counsel the opportunity to adequately refute
her accusations.
8. That same day Judge Gull had a prepared statement that she threatened to read
to the public alleging defense counsel was grossly negligent in their representation of
HILLIS. HILLIS.
R0221 & DEAN. LLC Defendant Allen. Judge Gull's complaint was more about not having control over
ATTORNEYS AT LAW
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JOHN R. HILLIS 1
"A judge shall comply with the law, including the Code of Judicial Conduct"
LD. «7533419
BRADLEY A. Razz:
2
"A judge shall uphold and apply the law, and shall perform all duties ofjudicial office fairly
1.1). «23365-09 and impartially."
BRADEN J. DEAN
LD. "31941.34

counsel rather than any legitimate concerns that Counsel had engaged in conduct that
compromised Richard Allen's defense. A general summary of Judge Gull's complaints
are as follows:
a. A press release (generic in substance) was issued by the defense in

November, 2022 before the Court's gag order and only after repeated press
conferences by the prosecution.
Allen is Response: The intent was only to level the playing field. This was
well within the obligations of defense counsel by established guidelines. She
never expressed any concerns over the multiple press conferences by the
prosecution.
b. Two motions filed by the defense, one of which addressed the health and
safety of Defendant Allen, and the second of which addressed the immediate
transfer of the Accused due to the not so coincidental and undisputed facts
that individuals engaging in Norse Paganistic practices may have not only
murdered two girls, but that they were also escorting Defendant Allen
around the prison at the same time his health was in rapid decline.
Allen is Response: The Court had previously ordered the Accused transferred
to a State prison at the request of the Carroll County Sheriff'. His mental and
physical health began an immediate decline. Prison guards in his area had
Odinist emblems on their uniforms which endangered their client after the
Odinist connection was exposed. The defense had video of the patches and
the guards admitted they wore them. The defense had previously noted a
connection between the murders and Odinism. The patches have since been
removed. Mr. Rozzi cited instances of abuse. Those filings were within the
obligation established guidelines imposed for effective representation.
Mr. Baldwin had drafted an e-mail to co-counsel but sent it to the wrong
person due to self-populating in electronic mail.
Allen is Response.' This was an accident that happens routinely to most

people. The intended recipient, Attorney Bradley Rozzi, and the unintended
recipient share the same first three letters of their first names. The e-mail
attachment contained no substantive information; just a bare-bones outline
HILLrs. HILLIS.
Rozzr & DEAN. LLC of a tiny portion of the discovery received by the defense in this case.
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d. The Court alleged that Mr. Baldwin put improper statements in his Frank's
FAX (574) 7222659 memorandum. Not false or misleading statements, just improper in her
JOHN R. Elms opinion.
1.1). 3753309
BRADLEY A. Rozzr
1.1).1323365-09
BRADEN J. DEAN
u). "31941-34

Allen Response: The court had disdain for the defense for not filing it under
19
seal even though there was no order to do so. That memorandum was
demanded by the prosecution before there could be a Frank's hearing. It is
an impressive piece of legal writing and has been lauded by expert defense
counsel across the nation. It again was required by applicable guidelines.
e. That Mr. Rozzi had filed a tort claim notice to preserve the rights of his
client. The court opined that this action amounted to gross negligence.
Allen s Response: The filing of the notice was intended to preserve the rights
of a man who was shuttled ofi to one of the most secure detention units in
the State. Locked up and isolated with only a tablet (which was often
dysfunctional) to communicate with the outside world. Allen had no ability
to speak with his Wife in private as his phone calls were all being recorded.
Allen's own attorneys were required to make advance reservations to visit
him at the Prison. It is entirely impractical that Allen would have had the
means to prepare his own tort claim notice and/or secure private counsel to
do so.
f. Mr. Baldwin had "hired" a lawyer to represent him in this matter.
Allen is Response: This is/was not true. Mr. Baldwin was betrayed by a friend
and there was a subsequent related suicide. As a friend and colleague, David
R. Hennessy, suggested he needed a lawyer to speak on his behalf and he
volunteered, no fee was arranged between the two. The Court also alleged
undersigned had put volatile facts in the memorandum regarding possible
sanctions or disqualification. The true facts in a criminal case are often
volatile. There was no untruth.
g. The dissemination ("leak") of crime scene photographs in which neither

Attorney Rozzi or Attorney Baldwin had knowledge of nor participated in.
Allen is Response: See Affidavit of Mitch Westerman previously filed.
9. Guideline 1.1 of the Indiana Public Defenders Council's Performance
111141.15. HILLIS. Guidelines for Criminal Defense Representation states: "The paramount obligation of
Rozzx an DEAN, 1.1.0
ATTORNEYS AT LAW
200 FOIYRTH ST. criminal defense counsel is to provide zealous and quality representation to their clients
LOGANSPORT. 1N 48947
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J onN R. HILLIs
1.1L «7533-09 American Bar Association, the National Legal Aid and Defender Association, the
BRADLEY A. Rozzx
1.13. #2336509
BRADEN J. DEAN
1.1). 331941-34

National Advisory Commission on Criminal Justice Standards and Goals and Rule 1.1
IRPC.
10. Everything cited by Judge Gull as concerning was either not attributable to
Attorney Rozzi or excellent and ethical lawyering in the best interests of the clients
defense and mental and physical well-being.
11. Throughout the pendency of this proceeding, the defense has exposed untruths
by law enforcement, withholding of exotllpatory evidence by the prosecution, and
discovery violations about which Judge Gull showed no concern and did nothing.
12. The Court has routinely expressed umbrage at defense counsels'
Representations through investigations and filings, while silently abiding the
prosecution's discovery delays and false statements by them or their agents.
13. On October 19, 2023 Judge Gull coerced an oral request to withdraw from
Attorney Rozzi, that did that did not comply with Rule 3.8(H), Indiana Rules of Trial
Procedure, and further coerced an oral request from Attorney Baldwin to withdraw as
cocounsel in this cause.
14. Judge Gull has exhibited a lack of concern about and taken no action to protect
the physical and mental health of the Accused.
15. Throughout these proceedings Judge Gull has exhibited a bias and prejudice
against the Accused and his attorneys and in favor of the prosecution.
16. Counsel for the Defendant are appointed pauper counsel and upon
HILLIS. HILLIS.
Rozm & DEAN. LLC
ATTORNEYS AT LAW appointment judicial control and oversight of the appointed counsel is inappropriate.
200 FOURTH ST.
LOGANSPORT, 1N 48947
(574) 7224560 The Court cannot and should not dictate the process of representation or improvidently
FAX (574) 722'2659
JOHN R. HILLxs curtail the representation of counsel. It has done so without notice to the defendant or
LI). #753309
BRADLEY A. R0221
1.0.«23365o9
BRADEN J. DEAN
Ln. "31941-34

his counsel afiording them an opportunity to be heard. It has also done so of its own
accord without any precipitating motion or request. No due process has been afiorded.
17. Rule 2.11 of the Indiana Code of Judicial Conduct requires a judge to
disqualify himself or herself when the judge's impartiality might reasonably be
questioned. Such is the case in this cause of action for the reasons described below.
l8. Rule 1.2 of the Indiana code of Judicial Conduct states: "A judge shall act at all
times in a manner that promotes public confidence in the independence, integrity, and
impartiality of the judiciary, and shall avoid impropriety and the appearance of
impropriety."
19. As previously stated, Judge Gull strong-anned Attorneys Rozzi and Baldwin,
with a prepared statement that she intended to read into the record had either attorney
resisted her efforts to remove them from the Defense. Within minutes Judge Gull took
the bench, started the record, and informed those present and the viewing public, that
there existed "an unexpected turn of events" with the defense team withdrawing fiom the
case. Judge Gull firrther stated that these circumstances were "clearly...outside of our
control." The only clarity offered up by these statements is that they were entirely
inconsistent with her actions in chambers, just minutes earlier, that forced the attorneys
to consider withdrawal in this matter. These words run afoul of Rule 2.1 as they
demonstrate the tribunal's lack of integrity and impartiality toward the public and usurp
Defendant Allen's right to competent legal representation.

HILLls. HILLIS,
ROZZI & DEAN. LLc 20. Rule 2.2 of the Indiana Code of Judicial Conduct requires that "A Judge shall
ATTORNEYS AT LAW
200 FOURTH ST.
(514) 722-4560
FAX (574D 722-2659
JOHN R. BILLIE
1.1).«7533-09
BRADLEY A. Rozzx
1.13. #2336509
BRADEN J. DEAN
1.1). #31041-34

uphold and apply the law and shall perform all duties of judicial office fairly and
impartially. . .." Comment 1 to the Rule states: "To ensure impartiality and fairness to all
parties, a judge must be objective and open-minded."
21. Rule 2.15 of the Indiana code of Judicial Conduct, in pertinent part, states:
(B) A judge having knowledge that a lawyer has committed a Violation

of the Rules of Professional Conduct that raises a substantial question
regarding the lawyer's honesty, trustworthiness, or fitness as a lawyer
in other respects shall inform the appropriate authority.
It does not indicate that any such opinion of the court allows removal
of appointed counsel without due process and against the wishes of the
Accused.
22. Judge Gull has violated Rules 1.2, 2.2, 2.3, 2.6, 2.8, and 2.11 ofthe
Indiana Code of Judicial Conduct.
dley A Ro 2'3365-09
I swear and affirm under the penalties of perjury that t regomg

Rozzi,
CERTIFIC :radley g. mes/ #2336fi09

/
I certify that I have served a copy of this do by the County efiling

system upon the Carroll County Prosecut
HILLIS. HILLIS.
Rozzr & DEAN. LLc
AT'I'ORNEYS AT LAW radley A. zi, #23365 9 /
200 FOURTH ST. HIL , LLIS,R &DEAN
(574) 722-4560
200 F0
FAX (574) 722-2650 Logansport, IN 46947
JOHN R. HILLIS
1.1). #753309
BRADLEY A. Rozzx
Ln. "3365-09
BRADEN J. I)EAN
LD. #31 941-34

EXHIBIT O

Filed: 10/25/2023 7:51 PM

)ss:
COUNTY OF CARROLL ) CAUSE NO. 08C01-2210-MR000001
STATE OF INDIANA
))))\I/
VS.
RICHARD M. ALLEN
VERIFIED NOTICE OF CONTINUING REPRESENTATION

Comes now, Attorney Bradley A. Rozzi, Counsel for Richard M. Allen, and in
support of his Verified Notice of Continuing Representation, now swears and affirms as
follows:
1. On November 14, 2022, Counsel entered his Appearance on behalf of

Richard M. Allen. Counsel has engaged in the continuous representation of Defendant
Allen since that date and time;
2. On October 12, 2023, the Court communicated with Prosecutor
McLeland, Attorney Rozzi, and Attorney Baldwin at which time the Court ordered
Attorneys Rozzi and Baldwin to "cease work on Mr. Allen's case" until the parties were
set to appear in Court on October 19th, 2023. The chilling effect of the Court's emailed
order was to essentially strip Defendant Allen of his Sixth Amendment Right to
representation and essentially, disarmed Attorneys Rozzi, Baldwin and Defendant Allen
during the week leading up to the scheduled "hearing" which was ordered by the Court,
sua Sponte;
3. In an October 17, 2023, email, Attorney Rozzi requested a conference to
determine "what we [the Court, Prosecutor, and Defense Counsel] are trying to
HILus. HILLIs.
ROZZI & DEAN. LLC accomplish on Thursday, especially in terms of what is expected of us while we are on
ATTORNEYS AT LAW
200 FOURTH ST. the record in open court?" In response, the Court ordered both the defense and
(574) 722-4560
FAX (574) 722-2659
Prosecutor to appear in-chambers at 12:30 p.m. on October 19;
JOHN R. HILLIS 4. On October 19, 2023, Attorneys Rozzi and Baldwin appeared at
[Drama-ca
BRADLEY A. R0221
1.13.1:23365-09
BRADEN J. DEAN
Ln. 1:319 41-34

theAllen County courthouse in advance of the 2:00 pm. hearing. This was prompted
by Attorney Rozzi requesting that the parties communicate, in advance of the scheduled
"hearing."
5. Attorneys Rozzi and Baldwin appeared inchambers on the 19m at
approximately 12:30 p.m. at which time the Prosecution was present. Attorney Rozzi is
of the understanding that the Court Reporter secured an audio recording of the in
chamber conference which took place in two parts;
6. The Court first conducted business as it related to several pending Motions
by communicating with the parties and issuing rulings on said Motions;

7. The Court then read a prepared statement to Attorneys Rozzi and Baldwin
identifying various issues throughout the case through which Attorneys Rozzi and
Baldwin exercised "gross negligence" in carrying out their responsibilities as counsel
for Defendant Allen. The Court then suggested that Attorneys Rozzi and Baldwin
engage in a discussion, outside of chambers, regarding the allegations. Attorneys Rozzi

and Baldwin asked for clarification at which time the Court communicated to Attorneys
Rozzi and Baldwin that there were two distinct options: 1) either voluntarily withdraw
their Appearances and exit the courthouse in advance of the hearing, or, 2) participate in
the 2:00 p.m. hearing in the courtroom where a media camera was installed, the national
media was present, and the law enforcement community was seated in the jury box
directly behind defense counsel table, at which time the Court would read the prepared
statement into the record and then disqualify both Attorney Rozzi and Attorney Baldwin
in the presence of Defendant Allen, his family, and the general public;
8. After waiting approximately one-half of an hour for Defendant Allen to
arrive at the courthouse, Attorney Rozzi and Attorney Baldwin communicated with
Defendant Allen regarding the stark choice the Court had offered in chambers.
Defendant Allen re-affirmed his desire to move forward under the representation of
HILLIs. HILLIS.
Rozzx & DEAN, LLc
ATTORNEYS AT LAW Attorney Rozzi and Attorney Baldwin.1 As of October 24th, Defendant Allen objects to
200 FoURT}! ST.
WGANSPORT. 1N 46947 the Court's attempts t0 strip him of his current counsel, Attorneys Rozzi and Baldwin;
(574) 722-4560
FAX (5741 7222859
JOHN R. HILLIs 1
On October 12, 2023, Attorney Rozzi filed correspondence with the Court. Said correspondence
Ln. #153309
BRADLEY A. Rozz1 contained a letter dated October 11, 2023, signed by Defendant Allen, wherein Defendant Allen
LD. «2336509 acknowledged that he was aware of the issues regarding crime scene photos that were stolen from
BRM)EN J. DEAN
1.1.).«31941-34

9. After speaking with Mr. Allen, Attorney Rozzi and Attorney Baldwin then
returned to chambers at which time Attorney Rozzi articulated to the Court that the
Court had engaged in an ambush of Defense counsel, entirely void of due process, and
that Attorney Rozzi would withdraw his Appearance, but that said withdrawal was not a
voluntary withdrawal because the Court made clear that if Attorney Rozzi did not agree
to withdraw, the Court would publicly shame him in front of the world and his client
before forcmg him off the case by disqualifying him.;

10. All of the events in chambers occurred without any formal allegations of
contemptuous behavior by Attorneys Rozzi or Baldwin, without any pending pleadings
requesting disqualification of defense counsel, and without any pending disciplinary

complaints with the Indiana Supreme Court's Disciplinary Commission;
11. In total, Attorneys Rozzi and Attorney Baldwin have practiced law, in the
State of Indiana, for more than 50 years Without a single substantiated finding of a
disciplinary action against either;

12. At no time while in-chambers did the Court ever articulate to either Attorney
Rozzi or Attorney Baldwin that their conduct compromised Defendant Allen's defense
in any way. In fact, Defendant Allen himself, doesn't believe this to be the case;
13. There are no bona fide facts or circumstances wherein Attorney
Rozzi engaged in gross negligence nor was there any showing that any conduct by
Attorney Rozzi resulted in negative consequences to another party, i.e., Defendant
Allen. In sum, Attorneys Rozzi and Baldwin did nothing to compromise Richard M.
Allen's defense;
14. Attorney Rozzi's oral acquiescence to withdraw his appearance as
Defendant Allen's attorney was forced, coerced, and driven only by the circumstances
created by the Tribunal which delivered two terrible options: quit or be shamed in
HILLIs. HILLIS. public before being "disqualified" fiom representing Mr. Allen;
Rozz1 & DEAN. LLc of the Defense, placed Attorneys
ATTORNEYS AT LAW 15. The Court's pre-meditated ambush
200 FOURTH ST.
LOGANSPOR'I'. IN 46947
(574) 722-4560
FAX [574) 1222659
JOHN R. HILLIS
Attorney Baldwin's office and desired that Attorney Rozzi and Attorney Baldwin continue on with
their
1.1).«753309
BRADLEY A. Rozzx representation of him.
1.1). "23365-09
BRADEN J. DEAN
Ln 331941-34

Rozzi, Baldwin and the client, Richard Allen, in a most compromising position. The
trial Court's stated intention to read a prepared statement criticizing defense counsel
created an impossible ethical bind. If counsel did not agree to withdraw in chambers,
the trial Court would publicly disparage their representation of the accused, framing
their advocacy on his behalf as "gross negligence," casting both counsel and the merits
of their client's defense in a negative light. This public statement and circumstance
created by the trial Court risked tainting the jury pool, harming their client's defense,
undermining their professional relationship with the client, and possibly creating an
actual conflict for their continued representation;
16. The Jury Trial in this matter is set to commence on January 8th, 2024, a full
1 year and 3 months after the arrest of Defendant Allen. The appointment of successor
attorneys will prejudice Defendant Allen by and through further delays in his case and
trial. If however, Attorney Rozzi moves forward with his representation of Defendant
Allen, there will be no need for two newly appointed attorneys to dedicate hundreds and
thousands of hours toward a mere review of the discovery (which continues to pour in
as recent as late September). There will be no need to marshal all the discovery and
return it to the prosecution. There will be no need to bring up to speed, new staff
members, investigators, and possibly, a new set of experts to address the many
complicated issues that have already been addressed by the Defense. A new defense
team would likely result in a shifting of the strategy and approach of Allen's current
defense team, which in turn would further delay and compromise Richard Allen's
defense. Finally, any successor lawyer would have the convenience of working with
Attorney Rozzi to become familiar with the subject matter in a much more efficient and
fiscally responsible way. All these truths weigh in favor of Richard Allen's choice to
maintain Attorney Rozzi as his counsel of record;
17. There are no circumstances under Rule 1.16 of the Indiana Rules of
HILLls. HILLIS,
Rozz1 & DEAN, LLC Professional Conduct which warrant the Withdrawal of Attorney Rozzi's representation
ATTORNEYS Arr LAW
200 FOURTH ST.
LOGANSPORT. 1N 48947 of Defendant Allen;
(574) 722-4560
FAX (574! 722-2659 18. Attorney Rozzi notices up this Court of his intention to move forward with
JOHN R. HILLxs
Ln. 37533.09 the representation of Defendant Allen until a final disposition of this matter.
BRADLEY A. Rozzx
1.1). "2336509
BRADEN J. DEAN
1.1). "31941-34

Bradlév A. RozziJZ3365
I swear and affirm der the aties for perjury that the foregoing
radley A 0221 65-09
CERT CATE OF SERVICE

I certify that I have served a copy of this document by the Coun filing
system upon the Carroll County Prosecutor's 0 he 25th (1 o'f Octob'er, 2023
B adley A. ', #23365 9

ILLI ILLI , R0 & DEAN
ourth Str et
Logansport, 947
HILLIS. HILLIS.
Rozz1 & DEAN. LLC
ATTORNEYS AT LAW
200 FOURTH ST.
(574) 722-4580
FAX 1574) 7222859
JOHN R. HILLIs
1.1).:r7533-09
BRADLEY A. Rozzt
1.1).!!23385-09
BRADEN J. DEAN
LD. #31941-34

EXHIBIT P

Filed: 10/26/2023 8:11 AM

)ss:
STATE OF INDIANA
VS.
RICHARD M. ALLEN
MOTION FOR CONTINUANCE
Comes now the Defendant, Richard M. Allen, by Counsel, Bradley A. Rozzi,

and respectfully requests that this Court continue the October 31, 2023, hearing set in
this cause. In support of said Motion, Defendant Allen states as follows:
1. Counsel for Defendant Allen is unable to locate any specific Order wherein
the Court scheduled the initial October 31, 2023, hearing date nor is there any Order
which articulates exactly what matters were to be addressed and how much time was to
be set aside to address said matters;
2. However, Counsel does acknowledge that there have been discussions
between the Court and lawyers regarding the October 31, 2023, hearing date and the
possibility of the Court conducting a hearing on the pending suppression Motions filed
by Defendant Allen;
3. On September 18, 2023, Defendant Allen filed his Motion for Franks
Hearing. The Court has yet to issue a ruling on said Motion;

4. On October 2, 2023, Defendant Allen filed his Supplemental Motion for
Franks Hearing. The Court has yet to issue a ruling on said Supplemental Motion;
5. On October 3, 2023, Defendant Allen filed an additional Franks Notice.
The Court has yet to issue a ruling on the issues raised in said Notice;
6. On or about October 14, 2023, this Court ordered Defendant Allen's defense
HILLIS, HILLIS.
R0221an DEAN. LLc team to cease all work on Defendant Allen's behalf and therein prohibited Counsel from
ATTORNEX'S AT LAW
200 FOURTH ST. engaging in preparation for the October 31, 2023 suppression hearing or any other
LOGANSPORT. 1N 469-17
I574) 722-4560
matters associated with this case;
FAX (574.) 722-2659
JOHN R. HILLIs 7. On October 19, 2023, the Court engaged in actions which resulted in the
LI). #758309
BRADLEY A. R0221 Court ordering the oral withdraw of Attorney Baldwin from this cause;
1.1). "23365-09
BRAI)EN J. DEAN
1.1). #31941-34

8. Attorney Rozzi remains the only active attorney of record in this cause;
9. On or about October 25, 2023, Attorney Rozzi filed a Motion to Disqualify.
Attorney Rozzi believes that a full and final disposition on the Motion to Disqualify
should take precedent over the issuance of any rulings on the Franks motions, the
disposition of the pending suppression matters, and any other matters of substance
which are currently before the Court;
10. Further, Defendant Allen believes that any suppression hearing in this cause
will require more than one day of the Court's time and will require the appearance of
witness, which most certainly, cannot be secured between now and October 31, 2023;
and
ll. It is for these reasons that Defendant Allen requests that the hearing on
October 31, 2023, be continued to a date and time following a full and final disposition
of the Motion to Disqualify filed on October 25, 2023, and for all other just and proper
relief in the premises.
adlevA'. Rozzi.,#233,65-09
A orney end t
I certify that I have served a copy of this document by the CWling
thmay'tff October,\2023
system upon the Carroll County Prosecutor's Office
Bradley A
A. szzi,'#23365
HILLIS. HMIS. ROZZI & DEAN
200 Fourth lStreet
I-IlLLls. HILLIS.
Rozzx :Sn DEAN. LLC Logansport 216947
ATT()RNEYS AT L.&W
200 NURTH ST.
LOGANSPORT. 1N 46941
(574) 722-4560
FAX I574) 722-2659
JOHN R. HXLLxs
n). #753309
BRADmY A. Rozzx
Luger-1305.09
BRADEN J. DEAN
Ln. #31941-34

EXHIBIT Q

STATE 0F INDIANA ) 1N THE CARROLL CIRCUIT COURT
)ss:
-
..
COUNTY OF CARROLL) CAUSE NO. 08C01-2210MR1
STATE OF INDIANA, )
) pIaintiff,
)
VS. ) AMENDED ORDER OR JUDGMENT OF THE COURT
)
RICHARD M. ALLEN, )
Defendant. )
Court notes filings by former Attorney Rozzi on October 25 and 26, 202-3, and takes no action.
Attorney Rozzi withdrew from this rnattér on October 19, 2023, and is no longer- counsel of record.
These filings, therefore, are ordered stricken from the record. Clerk of the Court ordered to remove
the pleadings from the electronic case file and the Chronological Case Summary as being filed in error.
Dated: October 27, 2023 4mfl4

Fr nces C. Gull ,p'S' ecial Judge
0
I
C rroll Circuit Court
arroll County, Indiana
NOTICE T0 BE GIVEN BY: XX COURT __CLERK OTHER
PROOF 0F NOTICE UNDER TRIAL RULE 72(D)

A copy of this entry was served either by mail to the address of record, deposited in the attomey's distribution .box, or personally distributed to the
following persons:
cc: Defendant
Prosecuting Attomey Nicholas McLeIand
Court File
DATED: 10-11-13 .
INITIAL 0F PERSON WHO N TIFIED PARTIES: COURT CLERK
a!"

I verify under penalties of perjury that the documents included in this record of
proceedings are accurate copies of documents filed, tendered for filing, or entered in
the respondent court.
By: /s/ Maggie L. Smith

Maggie L. Smith, #19572-53
FROST BROWN TODD LLP
111 Monument Circle, Suite 4500
Indianapolis, IN 46244-0961
317-237-3800
mlsmith@fbtlaw.com
/s/ Cara S. Wieneke

Cara S. Wieneke, #2437449
WIENEKE LAW OFFICE LLC
PO Box 368
Brooklyn, IN 46111
317-331-8293
cara.wieneke@gmail.com
/s/ Jessie A. Cook

Jessie A. Cook, 3715-84
Attorney at Law
3650 N. Washington Blvd.
Indianapolis, Indiana 46205
812-232-4634
jessieacook@icloud.com
Attorneys for Relator Richard Allen

CERTIFICATE OF FILING AND SERVICE
Pursuant to Rule 2(D) of the Indiana Rules of Procedure for Original Actions,
the foregoing was electronically filed using the Court’s IEFS system and on October
30, 2023 was served upon the following through the Indiana Electronic Filing System
and via electronic mail at the noted e-mail address:
The Honorable Frances C. Gull, Special Judge

101 W Main St #206
Delphi, IN 4692
Frances.Gull@allensuperiorcourt.us
Robert Cliff Scremin

116 E Berry St, Suite 1200
robert@robertscreminlaw.com
William Santino Lebrato

116 E Berry St, Suite 500
william.lebrato@co.allen.in.us
Nicholas Charles McLeland

101 W. Main St., Suite 204
Delphi, IN 46923
nmcleland@carrollcountyprosecutor.com
Theodore Rokita
Indiana Attorney General
200 West Washington Street, Room 219
Indianapolis, IN 46204
efile@atg.in.gov
/s/ Maggie L. Smith

Maggie L. Smith
FROST BROWN TODD LLP

111 Monument Circle, Suite 4500
Indianapolis, IN 46244-0961
317-237-3800

Richard Allen - Record of Proceedings

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Richard Allen - Record of Proceedings

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Filed: 10/30/2023 10:54 AM

STATE OF INDIANA ON THE )

Exhibit Date Document Page

Original Action Record of Proceedings p.002

State of Indiana v. Richard M. Allen

Court Carroll Circuit Court

Status 10/28/2022 , Pending (active)

Related Lower Trial Court Case

Parties to the Case

State State of Indiana

101 W. Main St.

Original Action Record of Proceedings p.003

Chronological Case Summary

10/28/2022 Petition Filed

10/28/2022 Order Issued

Judicial O cer: Diener, Benjamin A.

10/28/2022 Information Filed

Filed By: State of Indiana

10/28/2022 Information Filed

Filed By: State of Indiana

10/28/2022 Probable Cause A davit Filed

10/28/2022 Order Issued

Judicial O cer: Diener, Benjamin A.

10/28/2022 Order on Initial Hearing

Judicial O cer: Diener, Benjamin A.

Original Action Record of Proceedings p.004

Judicial O cer: Diener, Benjamin A.

10/29/2022 Automated ENotice Issued to Parties

11/02/2022 Order Issued

Judicial O cer: Diener, Benjamin A.

11/02/2022 Hearing Scheduling Activity

11/02/2022 Hearing Scheduling Activity

11/02/2022 Hearing Scheduling Activity

11/02/2022 Hearing Scheduling Activity

11/02/2022 Hearing Scheduling Activity

11/02/2022 Hearing Scheduling Activity

11/02/2022 Hearing Scheduling Activity

11/03/2022 Automated ENotice Issued to Parties

11/03/2022 Motion Filed

Original Action Record of Proceedings p.005

11/03/2022 Order Issued

Judicial O cer: Diener, Benjamin A.

11/04/2022 Automated Paper Notice Issued to Parties

11/04/2022 Special Judge Assigned

11/05/2022 Automated ENotice Issued to Parties

11/09/2022 Correspondence to/from Court Filed

Filed By: Allen, Richard M.

11/14/2022 Appearance Filed

For Party: Allen, Richard M.

11/14/2022 Appearance Filed

For Party: Allen, Richard M.

11/15/2022 Order Issued

Judicial O cer: Gull, Frances -SJ

Original Action Record of Proceedings p.006

11/16/2022 Transport Order Entered

Judicial O cer: Gull, Frances -SJ

11/17/2022 Automated ENotice Issued to Parties

11/18/2022 Order Issued

Judicial O cer: Gull, Frances -SJ

11/19/2022 Automated ENotice Issued to Parties

11/21/2022 Petition Filed

Filed By: Allen, Richard M.

11/21/2022 Appearance Filed