Ex1 Redacted - Affidavitpdf
Ex1 Redacted - Affidavitpdf
Ex1 Redacted - Affidavitpdf
STATE OF INDIANA )
)
VS. ) NO: 08C01-2210-MR-000001
)
RICHARD M. ALLEN )
)
AFFIDFAVIT
2) After arrival at the facility, it took approximately an hour to clear security and reach Mr.
Allen, which included riding in a shuttle van to an interior wing of the prison.
3) We met with Mr. Allen in a room lined with windows where prison guards could plainly
observe the “confidential” consultation. The door to the room was left ajar and could not
be closed, as the door’s deadbolt was left protruding from the door preventing it from
closing. Prison guards remained posted just outside the door where they could look
through the windows. Mr. Allen appeared apprehensive to speak freely with attorneys
4) Richard Allen was brought to the room wearing ankle shackles, handcuffs and a wide
leather belt fitted with metal O-rings. The ankle shackles and handcuffs were both
secured to the waist belt by short chains, which restricted Mr. Allens every move and
gave him the appearance of Hannibal Lecter. His hands were cuffed together such that
the back of his hands were together with one palm facing down and one palm facing up.
Mr. Allen appeared visibly uncomfortable, with his arms twisted at the elbow such that
the backs of his hands could be secured facing each other in the handcuffs. Mr. Allen
remained shackled and chained in this fashion for the entire visit.
5) One of the prison guards who stood outside the door, later identified as (redacted),
displayed a face tattoo of “Odin’s Spear” under his right eye, and numerous tattoos on his
arms, hands and fingers that resembled Nordic and/or Odinist symbols.
6) I later located a Facebook profile for (redacted), including a photo of (redacted) with the
same face tattoo of “Odin’s Spear” and wearing a necklace with a “Thor’s Hammer”
charm, another symbol associated with Odinism. The hammer necklace worn by
(redacted) was inscribed with the letters “BRSRCR” which is an acronym for
“berserker.” A berserker is a type of Nordic battle axe and a term used to described
warriors fighting for Odin. Other photos displayed three interlocking triangles; another
7) Research has revealed that Odinism has been linked to white supremacy in the prison
system. Symbols and rituals associated with Odinism also appear to be present in crime
8) Mr. Allen stated that he was once shot with a taser through a closed and locked prison
cell door.
9) Mr. Allen stated that when it was time for him to take a shower or have recreation time,
the guards would ask him if he wanted a shower or recreation, but they would slowly
shake their heads from side to side, indicating that his response should be “no” because it
was an inconvenience for the guards to assist with these basic amenities.
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10) On 12-22-23, I accompanied attorneys Scremin and Lebrato to Wabash Valley
Correctional Facility, where Mr. Allen had recently been moved. The round-trip drive
11) Once at the facility, it again took approximately an hour just to get to Mr. Allen.
12) Prison staff indicated they did not have any type of visitation rooms for the attorneys to
use, because they were not equipped for such matters, but had fashioned a visitation room
13) We were informed by prison staff that there were video cameras recording the visit.
14) We were taken to Mr. Allen, who was secured in a prison cell located within this kitchen
area. The cell appeared to be designed as a place to feed a prisoner. The cell had a solid
iron door with a small, hinged iron flap approximately eight inches high, that opened just
far enough to slide a food tray through. This iron flap was left open, and it was through
this small opening that we were allowed to see Mr. Allen and speak with him. A folding
table was set up approximately six feet from the cell door with three chairs on the far side
of the table. We were instructed to sit in the chairs and not to come within six feet of the
cell door. This set-up made it impossible to show Mr. Allen any videos or discuss any
documents.
15) Mr. Allen confirmed he had recently spoken with attorney (redacted) by telephone
concerning the upcoming Supreme Court hearing. Mr. Allen appeared confused about his
legal representation and was hesitant to share information about his case with attorneys
Scremin and Lebrato, suggesting that he was waiting for the result of the January 18,
2024, Oral Argument. I have also recently spoken with Mr. Allen’s wife, who similarly
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16) Mr. Allen stated that since arriving at Wabash Valley Correctional Facility, he had been
kept in solitary confinement, had not had any recreational time, and had not been allowed
outside, and that he had no window. Although he had been there nearly two weeks, he
believed he had taken one, perhaps two showers. He appeared disoriented to date or time.
Prison officials confirmed that Mr. Allen had not been taken outside for recreational time,
17) Mr. Allen expressed concern that he was receiving medications and that he was usure
what he was being given or why, as he had not recently seen a physician. He also stated
that whatever medication he receives, he does not always get the same type or number or