Richard Allen's attorneys say his jail conditions are 'akin to that of prisoner of war'

Five months of incarceration in a maximum-security prison's segregation unit is wearing on Richard Allen — the accused killer of Delphi teenagers Libby German and Abby Williams.

Allen's attorneys requested Wednesday that he be moved from Westville prison, where he currently is incarcerated for his safety, to the Cass County Jail, where he can be held in his pretrial detention. Allen's been in the prison's isolation unit since Nov. 3, according to Wednesday's motion.

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As of 2:25 p.m. Wednesday, Allen, 50, of Delphi, was not booked into the Cass County Jail, a jail officer said.

The motion states that Carroll County Prosecutor Nicholas McLeland does not object to moving Allen to the Cass County Jail. The Carroll County Sheriff's Office, however, opposes the move, according to the motion.

Motion highlights change in Richard Allen's appearance, behavior in Westville prison

In the last two weeks, Allen's attorneys noticed a significant change in his appearance and behavior, according to the motion.

The motion contained two photos of Allen. One is of him before his arrest in which he looks healthy. The second photo was taken Tuesday during the attorney's visit with Allen.

"(C)ounsel for Mr. Allen found him to be polite, communicative with great eye contact, generally responsive to our questions and exhibiting good sense of humor on occasion in spite of his false arrest and circumstances," the motion states about earlier visits. "However, Mr. Allen's deteriorating physical condition has been observed by Counsel dating back to the beginning of the new year."

Allen appears in the photo from earlier this week in a red jail jumpsuit, his hands bound to his chest, his brow furrowed and looking away from the camera. He has what appears to be spittle staining his shirt below his chin.

Court motion alleges Delphi murder suspect forced to wear soiled clothes 'for days on end'

Allen is presumed innocent, yet his pretrial detention is punishment for crimes of which he's yet to be convicted, according to his attorney's motion filed Wednesday.

"The conditions under which Mr. Allen has been forced to endure are akin to that of prisoner of war," the motion states.

“Mr. Allen has been entombed in cell as small as 6 (feet) in width by 10 (feet) in length, space no larger than that of dog kennel,” the motion states. "Mr. Allen is sleeping on pad on concrete floor.

"Mr. Allen is afforded showers only one to two times per week," the motion states. "Mr. Allen is required to wear the same clothes, including underwear, for days and days on end, all of which are soiled, stained, tattered."