The .40-caliber pistol is the centerpiece of the physical evidence against Richard Allen. The search warrant that produced it now faces de novo review at the Indiana Court of Appeals — meaning three judges owe no deference to Judge Fran Gull on that issue. If they rule the warrant was deficient, the weapon is gone. Not suppressed for this appeal. Gone from any retrial. Gone from the case permanently.

Defense attorney Bob Motta walks through the de novo standard with Tony Brueski and what it means that this is the one issue where the appellate panel starts from scratch. He also addresses what the rest of Indiana's response brief tells you about the strength of the conviction it's defending. The defense raised a confession that named the wrong method — Allen said shooting, the medical examiner said a blade. They raised an alternative suspect whose interview was allegedly recorded over, whose weapon and phone were never touched. They raised FBI cell data contradicting the van timeline. Indiana answered most of it with procedural objections. Not substance. Paperwork.

Motta gets into the oral arguments motion — the defense formally requested to stand in front of the panel. Indiana did not join. At the Court of Appeals level, that split tells you something about which side trusts its written record and which side would rather the judges never look up from it.

He also addresses the jailhouse calls the jury never heard, including Allen asking his father how much longer he could hold it together. The State played one call and buried two. Three judges now have all of them. Allen remains in an Oklahoma prison over a thousand miles away. The appeal is fully briefed. A decision is coming.

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The Delphi appeal is now fully briefed. Three judges at the Indiana Court of Appeals are reading the full written record. The defense has formally asked to stand in front of them at oral arguments. The State of Indiana has not joined that request. Richard Allen is sitting in an Oklahoma prison for safekeeping while the courtroom that will decide his fate sits more than a thousand miles away.

This is where the procedural posture sits. And this is what it actually contains.

The defense's reply brief lays out a van timeline contradicted by FBI cell data and surveillance footage, a confession to shooting two girls who were killed with a blade, and an alternative suspect whose interview was allegedly recorded over by investigators. Indiana's response brief answers most of it with waiver and harmless error rather than rebuttal.

The reply brief also documents the 13 months Allen spent in solitary at Westville — well past the Indiana Department of Correction's own 30-day cap for inmates with serious mental illness. He lost 45 pounds. He stopped knowing whether he was alive. He ate his Bible. Then he confessed. The State's theory now is that he found religion.

And the search warrant — the foundation for the .40-caliber pistol recovered from Allen's home — gets de novo review. No deference owed to Judge Fran Gull. If three judges rule the warrant was bad, the State's central piece of physical evidence is gone for good.

Defense attorney Bob Motta joins Tony Brueski for a three-part panel on all of it. Three collision points. One fully briefed case. Three judges with the power to take this conviction apart at the seams.

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Richard Allen is not sitting in an Indiana prison. He is in an Oklahoma facility, designated for safekeeping, more than a thousand miles from the courtroom that will decide his appeal. The State of Indiana moved him out of state. The State of Indiana is now also the side telling the Indiana Court of Appeals that the conditions of his pretrial confinement at Westville did not amount to coercion.

That is one of the strange geographic facts sitting underneath the Delphi appeal as it heads into its final procedural stretch.

The case is now fully briefed. The reply brief was filed at the end of April. The motion for oral arguments was filed alongside it. The State has not joined the request. Three judges are reading the record. A decision is coming.

Defense attorney Bob Motta sits down with Tony Brueski for Part Three of a three-part panel on the Richard Allen appeal. They get into the strategic asymmetry of the oral argument request. They walk through the de novo standard on the search warrant — the one issue in this appeal where the panel owes no deference to Judge Fran Gull, and where a ruling against the State would erase the .40-caliber pistol from this case and any retrial forever.

They sit with the broader question that the procedural posture quietly raises. A State that moved a defendant out of state for safekeeping. A State that broke its own solitary confinement policy by more than a year. A State that has now built an appellate defense around asking three judges not to look too closely at any of it. And a defense team that has now formally asked the panel to look at all of it, on the record, in person.

Three judges. One panel. One decision left in this case.

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#RichardAllen #DelphiMurders #DelphiAppeal #OralArguments #BobMotta #HiddenKillers #IndianaCourtOfAppeals #AbbyAndLibby #SearchWarrant #TrueCrime