Defense experts testified to Richard Allen’s deteriorating mental state in jail, arguing his confessions were unreliable due to psychosis. Testimony from Brad Weber, including a photo from his property that elicited a strong jury reaction, introduced a potential alternate suspect and raised questions about the prosecution’s case.
Witness Testimony: Dr. Polly Wescott (Neuropsychologist)
- Key Points: Dr. Wescott testified about Richard Allen’s mental health, basing her analysis on 20 hours of video footage, medical records, and personal interviews totaling 5-6 hours. She described Allen as a “fragile egg” with pre-existing mental health conditions including anxiety, depression, and dependent personality disorder, exacerbated by incarceration. She concluded that Allen experienced a significant decline in mental and physical health during his incarceration, marked by psychosis, delusions, and unusual behaviors. She testified that these symptoms were not faked and that the stress of solitary confinement contributed to his decline. Dr. Wescott also analyzed Allen’s handwriting, finding a marked deterioration in coherence and organization over time.
- Cross-Examination: The prosecution questioned Dr. Wescott’s conclusions, focusing on inconsistencies with prison psychologist Dr. Wala’s observations and suggesting that Allen’s confessions, although made during psychosis, could contain elements of truth. They also questioned her reliance on Allen’s self-reported information regarding his family’s mental health history and the severity of his prison conditions.
- Jury Questions: Jurors questioned whether Allen’s fear of threats in prison indicated an awareness of the potential negative consequences of confessing, and if a childhood history of depression and anxiety could cause someone to commit crimes as an adult. They also inquired about the specific nature of Allen’s diagnosis and whether Dr. Wescott had reviewed Allen’s pre-arrest police interview.
Witness Testimony: Max Baker (Defense Legal Intern)
- Key Points: Baker presented video footage of Allen in his cell, focusing on periods where Allen exhibited signs of mental distress. The footage included camcorder recordings of Allen being escorted outside his cell and overhead camera footage from inside his cell. Baker compiled this footage to illustrate the decline in Allen’s mental state during incarceration.
- Cross-Examination: The prosecution questioned Baker’s selection of video clips, arguing that he deliberately chose the most disturbing footage to portray Allen as a victim and curry favor with the jury. They also inquired about the rationale for including footage of Allen being tased.
Witness Testimony: Jamie Jones (Richard Allen’s Sister)
- Key Points: Jones testified that Allen never molested or touched her in a sexual way, refuting one of Allen’s alleged confessions.
Witness Testimony: Brittany Zapanta (Richard Allen’s Daughter)
- Key Points: Zapanta testified that Allen never molested her and that she would not lie for him. She was asked if she loved her father, to which she replied yes. She also stated that she visited the Monon High Bridge with her father in her teenage years and that she was terrified of it. The defense introduced photographs of Allen from 2017 to show his appearance at the time of the murders.
Witness Testimony: Steve Mullin (Investigator for Carroll County Prosecutor)
- Key Points: Mullin testified again about the 2016 Ford Focus believed to be Allen’s, stating that it was the only one of that specific model in the county. He acknowledged that other similar models existed that could not be definitively excluded based on the Hoosier Harvester video. The defense questioned Mullin’s methodology for eliminating these other vehicles, suggesting bias toward implicating Allen. Testimony also touched on missing video footage of interviews conducted early in the investigation.
Witness Testimony: State Trooper Harshman
- Key Points: Harshman was questioned about the van reportedly seen near the Monon High Bridge around the time of the murders. The defense suggested that the van belonged to Brad Weber, who lived near the bridge.
- Jury Questions: A juror questioned whether a van was discussed before Allen’s confession.
Witness Testimony: Brad Weber
- Key Points: Weber, who had returned from Arizona on February 12th, testified about his activities on February 13th, the day of the murders, attempting to clarify inconsistencies in his prior statements. He confirmed driving his white van that day, a departure from his usual routine of driving his black Subaru, potentially placing him near the crime scene around the time of the abduction. He claimed to have left work early that day, going straight home for a nap, despite typically servicing his 35 ATMs after work. Police contacted him at 5:00 PM inquiring about the missing girls. He stated he then went back to sleep and, unusually, did not service his ATMs that day. He also confirmed that police searched his property and vehicles multiple times, with a specific search occurring on February 19th.
- Evidence: A photograph taken on Weber’s property during the February 19th search, presented by Allen’s defense attorney Andy Baldwin, was admitted into evidence over the State’s objection. The jury’s reaction to the photograph was notably animated, with jurors observed engaging in discussions amongst themselves after reviewing it. The context or subject of the photo was not disclosed in open court.
- Cross-Examination: The prosecution highlighted discrepancies between Weber’s current testimony and his previous statements to law enforcement, particularly regarding his timeline and deviations from his established routines. They questioned his decision to drive the white van instead of his Subaru and his failure to attend to his ATMs on February 13th.
- Jury Questions: Jurors’ questions focused on Weber’s work habits, specifically the process for clocking out, his typical routine after leaving work, and whether his driving route ever took him under the Monon High Bridge, a location potentially relevant to the case.
- Other Observations: Weber was questioned about past issues with trespassers on his property. The word “sticks” was overheard during his testimony, although its context remains unclear. Prosecutor Holeman appeared visibly frustrated by the conclusion of Weber’s testimony. This, combined with the jury’s reaction to the photograph, suggests that Weber’s testimony may have been problematic for the prosecution.
Additional Notes & Observations
- The defense’s attempts to introduce additional third-party culprit evidence relating to Odinists, including statements and social media posts by other individuals, were denied by the judge due to lack of a direct nexus to the crime.
- The jury’s reactions to the video footage of Allen in his cell and the photo of Weber’s garage were noted, suggesting potential emotional impact.
Overall
The day’s proceedings heavily focused on Richard Allen’s mental state during his incarceration and the credibility of his confessions. The defense presented evidence and testimony aiming to establish that Allen’s confessions were a product of a psychotic break induced by solitary confinement. The prosecution countered by suggesting that even within a psychotic state, Allen’s confessions could contain truthful elements. The testimony of Brad Weber and the introduction of the photo of his garage, potentially containing sticks similar to those found on the victims, added another layer of complexity to the proceedings. The numerous jury questions throughout the day indicated their active engagement with the evidence and their focus on key aspects of the case, such as the timeline of events and the validity of the confessions.