CARROLL COUNTY, Ind. — Utilizing phrases such as, “blood lust,” “toxic,” and, “imminent danger,” Carroll County Circuit Judge Benjamin Diener ordered the Carroll County Sheriff to hand over custody of accused Delphi killer Richard Allen to the Indiana Department of Correction for his own safety.
“The Court…FINDS the Defendant…is in imminent danger of serious bodily injury or death or represents a substantial threat to the safety of others,” Diener wrote in an order that was posted this morning, referring to, “a toxic and harmful insistence on ‘public information’ about Defendant and this case.”
“The public’s blood lust for information, before it exists, is extremely dangerous. ALL PUBLIC SERVANTS administering this action do not feel safe and are not protected,” the order states.
The same day Diener made this order, the judge recused himself from the case.
Allen was arrested October 26 at the Indiana State Police Post in Lafayette, one week after investigators searched his home outside Delphi for evidence linking him to the murders of Abby Williams and Libby German below the Monon High Bridge along the banks of Deer Creek on Feb. 13, 2017.
Two days later, Allen’s initial hearing was held behind closed doors without public notice.
Investigators face a November 22 hearing before Judge Diener to argue against the efforts of various media, including FOX59 News, to release the Probable Cause Affidavit that would lay out the case and charges against Allen.
”Quite frankly, I’ve never seen after the charges are actually filed and an initial hearing has taken place a case where the evidence is sealed,” said former Johnson County prosecutor and judge Lance Hamner. “That’s a new concept to me.”
In denying a request for disclosure of the sealed information, Judge Diener cited Indiana Access to Court Records Rule 6 that precludes disclosure of public information if, “prohibiting access will substantially serve the public interest.”
Ever since the announcement of Allen’s arrest Monday, Indiana State Police Superintendent Doug Carter has insisted that detectives must continue their investigation in secrecy in order to secure evidence, witness statements or in the potential pursuit of additional suspects.
“Once a judge signs the Probable Cause Affidavit it changes everything, and the judge wouldn’t have signed off on that probable cause if we didn’t have probable cause,” Carter told FOX59 News even as he continued to support the seal that has blocked public access to the charging information. “That document is not going to be in perpetuity.”
Judge Diener’s order refers to the status of the sealed case.
“All information will be available the second it exists,” wrote the judge. “Most of the ‘public interest’ consists of people attempting to raise their status or profit financially.”
In the judge’s order, Diener indicates that Allen told the Court during the initial hearing that he intended to hire his own attorney and has 20 days to do so.
Allen’s MyCase file does not list an attorney who has filed an appearance.
The order also indicates Allen was, “clad in protective gear…to protect the Defendant from the public.”
Diener’s order was in response to a request by Sheriff Tobe Leazenby to transfer Allen to state protection because, “I cannot provide the services, attention or supervision necessary to protect or meet the defendant’s needs or to insure, protect and guarantee the safety or security of the defendant, staff or facilities.”
Allen has been housed in the neighboring White County Jail since Friday. The Indiana Department of Corrections confirmed he is now in state custody, but would not be listing what facility he is being held in.
He is being held without bond.
Under Indiana Court rules and the Constitution, Allen has the right to a speedy trial.
“If the person is kept in custody, if he doesn’t bail out, then he has to be tried within six months and the trial needs to happen within a year if he gets out,” said Hamner.
Read the orders:
