The defense presented jail videos aiming to show Richard Allen’s mental decline while incarcerated, arguing his confessions were coerced. Jurors reacted emotionally to the videos, while the prosecution and judge limited the scope of footage shown.

Witness Testimony

  1. Max Baker (Legal Intern for Defense):
    • Presented video clips of Richard Allen in jail, primarily “walk-around” videos showing his movements outside his cell under guard supervision.
    • Videos were silent, but jurors’ reactions indicated significant emotional impact.
    • Specific dates/times were provided for several clips, particularly those eliciting strong reactions from the jury (e.g., April 13, 17, 18).
    • The content of the videos was not described explicitly due to privacy concerns raised by the defense.
  2. Doug Carter (Former Superintendent, Indiana State Police):
    • Brief testimony about his role as support for the Delphi Murders Investigation.
    • Confirmed involvement of various agencies, including the FBI, ATF, and US Marshals.
    • Indicated the FBI’s involvement ceased in August 2021.
    • Defense questioning seemed to focus on the FBI’s potential role in pursuing alternate leads/suspects.
    • A significant portion of intended testimony may have been excluded following a sidebar with the judge.

Legal Arguments/Motions

  • Defense: Argued for showing an extended series of jail videos to demonstrate the progression of Richard Allen’s alleged mental decline. This was denied by the judge.
  • Prosecution: Argued against showing lengthy jail videos, stating only the portions relevant to his mental state at the time of the confessions should be shown.
  • Defense (in past filings): Filed a motion to modify the safekeeping order in April, arguing Richard Allen’s treatment was worse than convicted individuals and was leading to a mental health decline.

Judge’s Rulings

  • Denied defense request to show broader range of jail videos.
  • Allowed limited presentation of jail video clips as chosen by the defense, with content redacted and audio muted for privacy.
  • Excluded a portion of Doug Carter’s testimony following a sidebar with the prosecution.

Notable Courtroom Exchanges

  • Defense and prosecution worked together to adjust the courtroom video screen to obscure the jail video footage from the public.
  • Jurors displayed a wide range of strong emotional reactions to the jail videos, from intense focus and note-taking to visible distress and tears.
  • Several jurors had notably strong reactions, with juror #10 (a man described as highly engaged throughout the trial) and juror #6 (a young woman) mentioned specifically.
  • Richard Allen and his wife, Kathy Allen, were not present in the courtroom during the viewing of the jail videos.

Summary of Richard Allen’s Mental State and Alleged Confessions

The timeline reveals a complex picture:

  • Initial Interviews (Oct. 2022): Allen appears confident, denies involvement, becomes agitated only after prolonged questioning.
  • Confessions Begin (Mar. 2023): First confession to Dr. Wala includes religious themes and remorse.
  • Deterioration and Bizarre Behavior (Apr. 2023): Increased erratic behavior documented by guards (e.g., drinking toilet water, self-harm threats, nudity, rambling speech). Multiple confessions during this period, both to guards and Dr. Wala.
  • Involuntary Medication (Apr. 2023): Diagnosed with grave disability, prescribed psychotropic medication (Haldol).
  • Detailed Confession (May 2023): Provides specifics about the murders to Dr. Wala, including mention of a van startling him, cutting the victims’ throats, and covering their bodies. This confession was considered coherent by Dr. Wala.
  • Continued Confessions (May – June 2023): Further confessions interspersed with bizarre behavior. Dr. Wala diagnosed a brief psychotic disorder with disorganized symptoms.
  • Mental Improvement (Late June 2023): Improvement noted, though further confessions occurred.
  • Confession After Improvement (Oct 2023): Expresses remorse and a desire to confess to the warden.
  • Continued Confessions & Erratic Behavior (Feb 2024): Despite signs of mental improvement, he continues to confess and exhibit odd behaviors, suggesting a potential relapse.

Next hearing:

The trial will continue on day 15, Monday 4 November.