The defense in the Richard Allen trial unexpectedly rested its case without calling key witness Kathy Allen. The state presented a brief rebuttal, focusing on challenging Allen's alibi and the circumstances surrounding his mental health and incriminating statements while incarcerated, before moving into preparations for closing arguments.

Defense Rests:

  • The defense surprisingly rested their case immediately upon the start of proceedings.
  • Kathy Allen, the defendant’s wife, who was on the witness list and was expected to testify, was not called.
  • Several jurors were visibly surprised by the defense’s decision to rest.

State’s Rebuttal:

The state called three witnesses:

Breann Wilbur - Recalled from the State's case-in-chief:

  • Testified about previously undisclosed Snapchat photos timestamped 12:25 p.m. on February 13, 2017, placing her near the Freedom Bridge, a starting point for accessing the Monon High Bridge Trail.
  • Confirmed that she and her companions did not encounter any other children or adults, including the individual later identified as “Bridge Guy,” during their walk to the High Bridge around 12:30 p.m.
  • This testimony was introduced to cast doubt on Allen’s alibi of being on the trail around 12:30 p.m., suggesting that he should have been seen by Wilbur and her group if his alibi was true.

Brian Harshman (Indiana State Police):

  • Testified about Richard Allen’s confinement conditions in various correctional facilities (Westville, Wabash, Cass County Jail), emphasizing Allen’s lack of human contact even when not in solitary confinement.
  • Acknowledged that while conditions in the Cass County Jail were physically better, the isolation from human interaction was more severe than in Westville, where Allen had limited interactions with guards, Dr. Walla, and other inmates.
  • Defense attempted to highlight the harshness of solitary confinement (labeled a "one-man cell" by the state), suggesting it may have impacted Allen’s mental state and confessions, but this line of questioning was deemed beyond the scope of rebuttal.

Dr. John Martin (Psychiatrist):

  • Provided a detailed account of Richard Allen's mental health treatment from November 2022 until his transfer from Westville Correctional Facility.
  • Testified that Allen was initially diagnosed with major depressive disorder and anxiety, prescribed Prozac, and showed no signs of psychosis.
  • Detailed Allen’s rapid mental deterioration in April 2023, when he was found naked in his cell, covered in feces, and exhibiting signs of psychosis.
  • Explained that Allen was involuntarily medicated with haloperidol ("Haldol") after a panel of psychiatrists, including himself, Dr. Walla, and Dr. William Hayes, determined Allen was incompetent and a danger to himself.
  • Claimed that Allen's condition improved over the next few months, eventually showing no outward signs of psychosis, and haloperidol injections were discontinued.
  • Claimed that during a visit on June 20, 2023, Allen spontaneously said, "I would like to apologize to the families," despite exhibiting no other signs of psychosis at that time.
  • Cross-examined about potential gaps in Allen's treatment, his reliance on other healthcare providers’ notes, limited interaction time with Allen, and the potential impact of solitary confinement on his mental state.
  • Confronted with video evidence of Allen’s catatonic state from June 20, 2023, taken just hours after Dr. Martin's reported encounter with him. Dr. Martin conceded that the video contradicted his previous assessment of Allen's mental state that day, raising questions about the credibility of both Dr. Martin's testimony and Allen’s supposedly lucid statement of apology.

Jury Instruction Conference:

  • The state did not object to the judge's proposed jury instructions.
  • Defense raised concerns about instructions regarding Richard Allen’s decision not to testify and the credibility of his confessions given his mental state during interrogation.
  • Judge addressed defense's concerns and decided to use the standard, updated pattern instructions.

Post-Testimony Motions:

  • Andrew Baldwin (defense) unsuccessfully attempted to enter three offers of proof concerning two subpoenaed inmates and the non-appearance of witness Elvis Fields. The judge denied the request to issue a bench warrant for Fields.

Other Notable Developments:

  • It was announced that closing arguments will occur Thursday, November 7, 2024, with each side granted 2-2.5 hours for closing remarks.
  • It was discussed that the judge would deliver preliminary instructions to the jury before closing arguments.

Court Adjourned: Court was adjourned until 9 a.m. the following day, with closing arguments to be delivered before jury deliberations.