LOUISVILLE, Ky. (WDRB) -- Defense attorneys for the man accused of killing two girls in Delphi, Indiana, want key evidence in the case thrown out.
According to new court documents, attorneys Bradley Rozzi and Andrew Baldwin said the search warrant for Richard Allen's home was invalid, so all evidence from that search should be suppressed, Fox59 News in Indianapolis reported Thursday.
They also questioned the constitutionality of the search and said police lacked probable cause to obtain the warrant, which authorized police to "diligently search for any and all information and/or evidence of the crime." Specific items they were looking for included handguns, .40 caliber ammunition, knives, blue sweatshirts and/or jackets, black sweatshirts and/or jackets, clothing, and electronic devices including cell phones, the news outlet reported.
In their motion, the attorneys wrote that the probable cause affidavit issued didn't establish that a crime had been committed and that specific evidence could be found in Allen's home. They argued that the items named in the search warrant could have come from anyone's home.
Police searched Allen's home in October 2022 and found a gun, used as a key piece of evidence when the state later filed two murder charges against him.
Allen is accused of killing Liberty "Libby" German, 14 and Abigail "Abby" Williams, 13 in 2017.
The girls were found Feb. 15, 2017, outside their hometown of Delphi, Indiana, about 60 miles (97 kilometers) northwest of Indianapolis, in Carroll County.
A relative had dropped the girls off at a hiking trail near the Monon High Bridge, and their bodies were found the next day, Feb. 14, 2017, in a rugged, heavily wooded area near the trail.
Police have labeled their deaths as homicides but have not revealed how they died. Allen has maintained his innocence.
The case went unsolved for years until Allen's arrest nearly a year ago in October 2022. He was still living in Delphi and worked at a local drug store at the time of his arrest.
Allen's trial is set for January 2024. Fox59 also reported that Allen's attorneys filed a different motion this week asking a judge to allow cameras in the courtroom during their client's trial. A ruling has not yet been issued.
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