Oct. 28 motion asked Delphi documents sealed to protect public's interest

DELPHI, Ind. — Carroll County Prosecutor Nicholas McLeland's reasoned on Oct. 28 that sealing the details about the murder case against Richard Allen protected the public's interest.

Confronted with a motion by media inventors — including Gannett, the Journal & Courier's parent company — to release McLeland's sealed request, Special Judge Frances Gull ordered the document unsealed on Feb. 17 after McLeland did not object to it being published.

The document was made public on Wednesday.

In it, McLeland argued, "That the public's interest will be secrured by the sealing of the record. ... That dissemination of the information contained in the record will create serious and imminent danger to the public interest."

McLeland argued in the Oct. 28 request that the public interest caused by making the probable cause affidavit and charging information public will create such a public stir it will harm the prosecution's case.

Gull, however, ordered in November that the redacted affidavit and the charging information be released.

However, Gull did not address the media intervenors' request in November for McLeland's motion to seal the documents.

McLeland accused Allen on Oct. 28 of killing Libby German, 14, and Abby Williams, 13, on the afternoon of Feb. 13, 2017, on the north bank of the Deer Creek about a quarter-of-a-mile east of the Monon High Bridge.

Police investigated the case for nearly six years before evidence led to Allen, 50, of Delphi.

Police found an unfired bullet at the crime scene, and that bullet had tool markings indicating it was ejected from Allen's semiautomatic pistol, according to the probable cause affidavit published in November.

The affidavit also cited witnesses, whose names were redacted from the public version of the affidavit. Those witnesses reported seeing a man on the trails, one of whom said the man wore bloody or muddy clothes as if he'd been in a fight.

Allen's attorney requested a hearing for Gull to determine whether Allen should have bail set.

In Indiana, all defendants are entitled to bond, unless charged with murder or treason.

Bond may be set in murder cases if the state's case is weak.

It is the burden of the prosecutor to persuade the judge the the evidence shows that Allen is more than likely the person who killed Libby and Abby.

Gull set June 15 and June 16 as hearing dates to hearing the arguments for and against bond.

Gull also will reschedule Allen's trial date during those hearings.

Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.

This article originally appeared on Lafayette Journal & Courier: Oct. 28 motion asked documents sealed to protect the public's interest