Filed: 18/2023 4:47 P Carroll Circuit Cou Carroll County, Indiar STATE OF INDIANA ) INTHE CIRCUIT COURT CARROLL COUNTY } SS oF CARROLL COUNTY STATE OF INDIANA ) v. ; CAUSE NO. 08C01-2210-MR-1 RICHARD ALLEN } LERIEIED REOUEST FOR ACCESS TO COURT RECORDS EXCLUDED FROM PUBLIC ACCESS Comes now Intervenor MYSTERY SHEET LIC doing business as MURDER SHEET, by counsel Kevin Greenlee, and respectfully requests access to court records excluded from public access pursuant to Ind. Access to Court Records Rule 9(B). In support of this Request, Intervenor provides the following 1 On April 28, 2023, a letter was filed with the Court, As of the dating of this filing, this letter remains confidential ‘Thereafter, on May 17, 2023, the Defendant filed its Verified Motion for Temporary Restraining Order and Preliminary Injunction. From the Chronological Case Summary, it appears this Motion ‘was filed without an Access to Court Records (ACR) Form identifying the specific grounds for exclusion, See A.C.R. 5(B). Nevertheless, this Motion remains confidential. ‘Afterward, on May 19, 2023, the State filed its Notice of Discovery with the Defendant filing its Motion to Suppress and Motion to Convert Let Bail Hearing into Suppression Hearing. From the Chronological Case Summary, it appears these documents were filed without an Access to Court Records (ACR) Form identifying the specific grounds for exclusion. See A.C.R. $(B). However, these documents also remain confidential Intervenor seeks access to the letter filed on April 28, 2023; the Verified Motion for Temporary Restraining Order and Preliminary Injunction; Notice of Discovery; Motion to Suppression; and, Motion to Convert Let Bail Hearing into Suppression Hearing as the records should not be excluded for Public Access under A.C. 5(A), (B), (C), (D), oF (E). See A.C.R. 9(B)(1}(¢).a, From the Chronological Case Summary, it appears A.C.R. 5(A), (C), (D) and (E) are inapplicable. Likewise, A.C.R. 9(B) is inapplicable as an ACR Form was not filed with the records Intervenor requests access to b. Additionally, these records were not subjected to exclusion pursuant to ACR. Similarly, these records were not subjected to seal pursuant to Ind, Code § $-14-3-5.5. ¢. Moreover, pursuant to A.C.R, 9(B)(1), this request is verified and reduced to writing, 4. Finally, the objective of these rules is to “provide maximum public accessibility to {cJourt {rlecordsL.]" A.C.R. 1, Commentary, In fact, the rules start “from the presumption of open Public Access to Court Records.” Id. WHEREFORE, Intervenor respectfully requests access to court records excluded from public, access pursuant to Ind, Access to Court Records Rule 98) Respectfully submitted, (siKevin Greenlee. Kevin Greenlee 22983-03 9783 E 116th Street #141 Fishers, IN 46037 [email protected] VERIFICATION affirm, under the penalties for perjury, the foregoing information is true and correct to the best of my knowledge. Respectfully submitted, és/ Kevin Greenlee Kevin Greenlee 22983-03 9783 E 116th Street #141 Fishers, IN 46037 [email protected] CERTIFICATE OF SERVICEThereby certify that a copy of the foregoing has been served on the State of Indiana, by eService, on the date of filing (sKevin Greenlee __ Kevin Greenlee 2983-03STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT )SS: COUNTY OF CARROLL. ) STATE OF INDIANA ) CAUSE NUMBER: O8COzRIO MPO ) Foie * | D ) APR 14 2023 RICHARD M. ALLEN ) sent Winches Ci BRK GARROFRCUIT COURT STATE'S RESPONSE TO DEFENSE’S EMERGENCY MOTION TO MODIFY Now comes the State of Indiana, by Prosecuting Attorney. Nicholas C. Mcleland. and respecttiully files its response to the Defendant's Emergency Motion to Modify Safekeeping Order and would ask the Court to consider the following: 1. That charges were filed against the Defendant, Richard Allen. on October 28h, 2022, for 2 counts of Murder. in violation of 1.C. 35-42-1-1(2), That the Carroll County Sheriff's Department filed a Request by the Sheriff of Carroll County, Indiana to Transfer Inmate from the Custody of the Sheriff to the Custody of the Indiana Department or Corrections for Safekeeping on November 3, 202; 3. That said request was granted and the Defendant was ordered to the safekeeping of the Indiana Department of Corrections. 4, ‘That the Defendant is currently incarcerated in the Westville Correctional Facility, where he is housed in the segregation unit for his protection 5. That the Defendant is being seen on a regular basis by medical personnel and mental health providers. 6. That the Defendant is being treated the same as other detainees at the facility. In fact, he has more amenities than other convicted inmates in that unit. 7. That the allegations in the Defendant's motion. while colorful and dramatic. are not entirely correct, 8 That the State had a meeting with the Warden of Westville Correctional Facility, John Galipeau, on April 6, 2023 and the allegations in the motion by the Defense10. n Is are false, as evidenced by the attached affidavit marked as State's Exhibit ‘That the Defendant is afforded the same amount of rec time as the other inmates and has been using that rec time to exercise, That itis true that the Defense dropped off paperwork for the Defendant to review and the facility did hang on to the paperwork until they heard from the Defense attomneys as to how the paperwork should be handled. ‘That representatives from the facility attempted to contact Defense counsel for several days in a row to determine if the paperwork should be given to the Defendant in his cell or the Defendant should be brought to a different location to review the paperwork. ‘That the Defendant is isolated for his protection and would be isolated if he were moved to another facility. That the State, through investigators, has made contact with the Cass County Sheriff and he would state the following: That he is willing to house the Defendant in the Cass County Jail. b. That if the Defendant is moved to the Cass County Jail. he will be housed in the segregated unit in a7 X 12 cell, with a roll matt and 2 bunks. ‘That the Defendant is likely to be on suicide watch which means he will not be allowed face to face visits or any rec time, ‘That he will be confined to his cell at all times. ‘That if he is not on suicide watch, he will only have video visits and limited rec time. That the Defendant will have the same amenities as he has now in the e Department of Corrections, That the Cass County Jail does not have a mental health team to address any mental health needs. ‘That the Cass County Sheriff's Department is not willing to transport the Defendant for trial or for other hearings. That the Carroll County Sherifi"s Department does not have the manpower to transport the Defendant. i does not have mental health counselors or That the Carroll County17, counseling, whereas the Department of Corrections has those resourees available for the well being of the Defendant. ‘That the State believes that the current status of Defendant's mental health is due to the status of the case, not due to the location of his incarceration “That the photo taken by Defense was taken immediately after the Defendant returned from his rec time. The shirt he is wearing in the photo is the same shirt that he wears to rec time each time he goes, He had clean shirts in his cell at the time of the photo, but Defense chose to photograph him in his dirty shirt in order to curry sympathy in the public eye for the Defendant. That the Defendant has lost weight since he has been incarcerated, but he has been evaluated and examined by medical personnel at the facility and his BMI is on target for a man his age at his weight and medical staff classify him as very healthy. That the facility that the Defendant is placed in is not casually referred to as “death row". ‘That the Defendant is in no way being treated less fairly than anyone else in that facility. He certainly is not being treated less fairly than a convicted person in that facil ‘That the colorful, dramatic language used by the Defense was an attempt to curry public favor for their client and try this matter in the public instead of in the courtroom. ‘That many of the statements in Defense's motion violate the “gag” Order put in place by the Court. That the State has no opinion on where the Defendant should be housed awaiting trial, but the State does take offense to the irresponsible allegations of the Defense in their motion. ‘That the State has no objection to the Defendant being moved to a facility within the Department of Corrections that is better suited to address his mental health needs. ‘That the Defendant's current placement at Westville Correctional Facility is not a violation of his civil liberties.26. That the Carroll County Sheriff's Department declined the request of Defense to move the Defendant because the Carroll County Sheriff's Department does not have the manpower to transport the Defendant. 27. That the Department of Corrections is more equipped to transport the Defendant back and forth to court dates in order to keep the Defendant safe and ensure that he makes it to all future hearings. 28. ‘That the State has been made aware that the Defendant is being evaluated at 1! AM. on April 14", 2023 to a it is important to see the result of that testing before a decision is made. :00 his mental health needs and the State believes Wherefore, now comes the State of Indiana, by Prosecuting Attorney, Nicholas C MeLeland, and files their response to the Defendant's Emergency Motion to Modify Safekeeping Order and would ask the court to consider the same when making it’s decision and for all other MC Mohd Nicholas C. McLeland Attorney #28300-08 Prosecuting Attorne! just and proper relief in the premises. CERTIFIC: “The undersigned certifies that a copy ofthe foregoing instrument was served upon the Defendant’ attomey of record, through personally delivery, ordinary mal with proper postage affixed or by service through the efling system and filed wth Carroll Cieuit Court this _14®_ day af April, 2023, ‘Attorney #28300-08 Prosecuting AttorneyARRIDAVIT John Galipeu, the acting Warden of Westville Comectional Facility, whieh is pert of the Indiana Department of Corrections, affitins and swears to the following: 1. That the Defendant, Richard Allen, is housed in the Westville Corveetional Facility in the segregation unit. 2. That the Defendant is housed in that unit for his protect 3. That the cell that the Defendant is housed in is a 12 X 8 ell which is the standard size cel in tht facility 4, That the Defendant has a bed with a mattress and the mattress is the same mattress that all the inmates receive at that facility 5. ‘That there is a bed frame but that itis attached to the floor in order to protect the Defendant from harming himself. 6. ‘That the Defendant is in that type of cell for his protection and because he has made suicidal statements und could attempt to harm himself 7. That the Defendant is offered time to shower 3 times a week, which is the same amount as all the other inmates in that facility 8. That the Defendant is provided with 3 sets of clothing per week, which is the same as all the other inmates in that facility. 9. That the Defendant has been afforded commissary privileges and has extra shirts and shoes in his cell that he is not wearing, 10. That the Defendant is not required to wear the same clothes, and underwear for days and days on end that are soiled, stained, tattured and torn. 11, That the Defendant has equal access to clean clothing just like all the other inmates in that facility. 12. That the Defendant was afforded the use of an electronic tablet where he ean make calls, send texts and download music, which is an amenity that the other inmates do not have, and he broke it 13. That the Defendant is afforded the same recreation time as all the other inmates in that facility, which is Monday, Wednesday, Friday, Saturday and Sunday. 14, Thet the Defendant is regularly seen by medieal personal and mental health counselors to assess his health and well-being, 15. ‘That the Defendant is not afforded face to face visitations due to being in the segregation unit. I swear, under penalty of perjury, as specified by IC 35-44-2-1, that the foregoing representations are true and accurate to the best of my knowledge. Signed: _” 6, Ward Sorrectional FacilitySn the Sndiana Supreme Cot i STATE OF INDIANA | Supreme Court Case No. FILED | 228-8J-369 Now 00 2022, $:32 pm | vs, ‘Trial Court Case No. 08C01-2210-MR-I RICHARD M. ALLEN Order Appointing Special Judge ‘The Honorable Benjamin A. Diener, Judge of the Carroll Circuit Cour, on his own motion, recuses himself and certifies this matter to the Court for appointment of a special judge. ‘And this Court, being duly advised, now finds that a special judge should be appointed to hear this matter in the Carroll Circuit Court pursuant to Indiana Criminal Procedure Rule 13(D) IT IS, THEREFORE, FURTHER ORDERED that the Honorable Frances C. Gull, is appointed as special judge to hear this matter in the Carroll Circuit Court. This order vests jurisdiction in Judge Gull, Pursuant to Indiana Criminal Procedure Rule 13(E), an oath of office is not required. apron Done at Indianapolis, Indiana, on —/°""°"" _. forse OR LorettaH.Rush - Chief Justice of Indiana ENTERED NOV 04 2022 CARROLL CIRCUIT COURTFed: 4142/2023 12:12 P Carrol Cireult Cou ‘carroll County, Indiar STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT ) SS: COUNTY OF CARROLL ) STATE OF INDIANA, (CAUSE NUMBER; 08C01-2210-MR-00001 vs. RICHARD M. ALLEN STATE’S RESPONSE TO SUPPLEMENTAL MOTION FOR DISCOVERY AND ‘REQUEST FOR RULE 404 AND 405 EVIDENCE ‘Now comes the State of Indiana, by Prosecuting Attomey, Nicholas C. MeLeland, and respectfully files it’s response to the Defendant's Supplemental Motion for Discovery and Request for Rule 404 and 405 Evidence. The Stete’s responses to the numbered requests are as. follows: 1. Discovery is automatic per the Carroll County Local Rules and this information will be forwarded to the defense as part of discovery. 2. This information will be forwarded to the Defense as part of discovery per local rule, 3. This information will be forwarded to the Defense as part of discovery per local rule, 4, This information will be forwarded to the Defense as part of discovery per local rule. 5. This information will be forwarded to the Defense as part of discovery per local rule. At this time no promises have been made by the State to any witnesses. This information will be forwarded to the Defense as part of discovery per local rule. 8, There was not a grand jury held in relation to this matter. 9. Any statements made by witnesses and/or the Defendant will be forwarded to the ‘Defense as part of discovery per local rule, The State does not intend to draft a summary of those statements or give the Defense a summary of the State's10. uu. 12. 13. 4, 15. 16. 7. 18. opinions or thoughts about those statements. Those statements will be provided to the Defense in their entirety. The Defense seems to be asking the State to do ‘their work for them and formulate a defense for them. The State objects to the Defense’s requests that the State draft a separate summary of those statements. ‘Any telephone calls made by the Defendant will be turned over to the Defense as part of discovery per local rule. The State objects to drafting a memorandum of the conversation. Again, the State incorporates the response to Number 9 into this response. If there are transcripts of the phone calls, the State will produce those as part of discovery per the local rule. ‘This information will be forwarded to the Defense as part of discovery per local rule, This information will be forwarded to the Defense as part of discovery per local rule. ‘The State objects to providing criminal records for the Defenses witness lists, in that the State does not even know who is going to be on their witness list. If the Defense requests criminal records of specific people, the State is happy to assist in gathering those records. ‘This information will be forwarded to the Defense as part of discovery per local rule. This information will be forwarded to the Defense as part of discovery per local rule, This information will be forwarded to the Defense as part of discovery per local nile, The State objects to said request by the Defense, Any information that the State has pertaining to the case will be forwarded to the Defense as part of discovery, both exculpatory and inculpatory. A memorandum explaining those is outside the scope of discovery. ‘The Defendant's request is essentially an interrogatory asking the State to divulge its legal analysis or impressions of the case and assist the Defense in assembling its evidence, which is barred by State ex rel. Grammer v. Tippecanoe Circuit Court, 377 N.E.2d 1359, 1364-65 (Ind. 1978). ‘This information will be forwarded to the Defense as part of discovery per local19. 20. 2. 24. 25. 26. rule. This information will be forwarded to the Defense as part of discovery pet local rule This information will be forwarded to the Defense as part of discovery per local rule, ‘The State objects to this request by the Defense. TR 34 states that a request for production has to be for items in the possession, custody or control of the party ‘upon whom the request is served. TR 26(B)(1) goes on to state that the Court can limit discovery if the information is obtainable from some other source that is more convenient, less burdensome or less expensive. The State of Indiana is not in possession of the information that the Defense is requesting, nor was the State a party to any lawsuits filed against the Carroll County Sheriff's Department, Tobe Leazenby, Tony Liggett or Michael Thomas. To impose of the State to have to track all these items down is unreasonably burdensome. In addition, itis the State's belief that this request goes beyond the scope of discovery. There is no reason that the State is aware of where this information would be relevant in any way to the investigation or prosecution of the Defendant, The State objects to this request. Please incorporate the State's response in number 21 to this response. ‘The State objects to this request. Please incorporate the State's response in number 21 to this response. This information will be forwarded to the Defense as part of discovery per local male, This information will be forwarded to the Defense as part of discovery per local rule. State objects to said request. If the State choses to use any evidence that would fall under Indiana Rules of Evidence Rule 404(b), the State will file notice with the Court per the rule, Further, the request by the defendant must be “reasonably understandable and sufficiently clear” to alert the prosecution that the defendant is requesting pre-trial notification. Abdul-Musawwir v. State, 674 N.E.2d 972, 975 (Ind, Ct, App. 1996). This request is neither reasonably understandable orsufficiently clear. The request seems to be a blanket request for any and all evidence that may be out there for the Defendant and any defense witnesses, which they have yet to name. Nor has the Defense asserted any kind of affirmative defense to put the State on notice that character evidence may be at issue. 27, State objects to said request. Please incorporate the State’s response in number 26 to this response. 28, The State objects to this request. Per Indiana Rule of Evidence Rule 405, the defense must first notify the State that they intend to introduce admissible character evidence and what that evidence is going to be before the State is obligated to disclose what character evidence will be used on behalf of the State. ‘The Defense has yet to provide any kind of pretrial notice to the State to require a response. 29. The State objects to this request. Any information produced by the State would be considered work product and exempt from discovery. Wherefore, now comes the State of Indiana, by Prosecuting Attorney, Nicholas C ‘MeLeland, and files their response to the Defendant’s request and ask the Court to take no action in part and then deny in part the request from the Defense and for all other just and proper relief NEC Mad ‘Nicholas C. McLeland Attorney #28300-08 Prosecuting Attorney in the premises. CERTIFICATE OF SERVICE “The undersigned certifies that a copy of the foregoing instrument was served upon the Defendant’ attorney of record, through personally delivery, ordinary mail with proper postage affixed or by service through the efiling system and filed with Carroll Circuit Cour, this 12th day of January, 2023. a ‘Nicholas C. MeLeland Attorney #28300-08 Prosecuting Attomeyled 1720/2023 4:37 P ‘arrall Circuit Cou ‘carta County Indiar STATEOFINDIANA ——) INTHE CARROLL CIRCUIT COURT COUNTY OF CARROLL a CAUSE NO. 08C01-2210-MR-000001 STATE OF INDIANA d * } RICHARD M. ALLEN } STIPULATION REGARDING DEFENDANT'S VERIFIED MOTION FOR CHANGE OF VENUE FROM THE COUNTY Comes now the State of Indians, by Prosecutor, Nicholas C. McLeland, the Defendant, Richard Allen, by Attomeys, Bradley A. Rozzi and Andrew J, Baldwin, and the parties having reached a partial agreement on Defendant’s Verified Motion for Change of Venue from the County file-marked November 28, 2022, now agree and stipulate as follows: 1. On November 28, 2022, Defendant Allen filed his Verified Motion for Change of ‘Venue from the County. Said Motion was set for baring on Friday, January 13, 2023; 2. On Friday, January 13, 2023, the parties convened, in chambers, and reached a partial agreement on said Motion; 3. ‘The parties stipulated that Defendant's request for change of venue would be denied ‘and that all further Coiurt proceedings, not involving the jury selection process, would take place in the County of Carroll, State of Indiana, unless otherwise ordered by the Court; 4, Pursuant to LC, 35-36-6-11(@), the parties further agree that the jury venire shall be dravm from either St, Joseph County, Indiana or Allen County, Indiana, with the understanding ‘that both parties acquiesce in the Court exercising its discretion in selecting one of the two referenced counties from which the jury venire shall be drawn and within which the jury shall be selected; and 5, Upon the Court issuing an Order regarding the sume, the.peyies shall be bound therp9> until further order of the Court, 7 a jy, Ay f Kbchobf tt ‘Prosecutor, Carroll CountySTATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT JS: COUNTY OF CARROLL ) STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-00001 vs. } RICHARD M. ALLEN: } SUBPOENA DUCES TECUM, TO: Westville Correctional Facility Indiana Department of Corrections Attn: Elise Gallagher 5501 S. 1100 W. APR 202023 Westville, IN 46391 CLERK RE: Richard Allen Now comes the State of Indiana, by Prosecuting Attomey, Nicholas C. McLeland, pursuant to Rule 2 of the Indiana Trial Rules of Trial of Criminal Procedure, requests that the following documents and records be produced for the Carroll County Prosecuting Attomey Nicholas C. MoLeland, at 101 West Main Street, Suite 204, Delphi, Indiana 46923, within thirty (30) days from the date of service of this Request for Production of Documents and Records to a Non-Party. You may comply by mailing a copy of the requested documents to the Prosecutor's office post-marked prior to the date on which production is required by the Indiana Rules of Trial Procedure. DEFINITIONS {As used in this request, the term “document” encompasses the fall scope of that term as it is used in Trial Rule 34, including, without limitations, all writings, papers, photographs, videos, and other recordings and communications of any kind, whether printed, electronically recorded, filmed, or recorded or produced manually or by other process. The term “document” includes al] margin‘comments, handwritten notes, date of receipt stamps and notations of any kind appearing on any document. The term “document” includes all files and data stored on computer disks or hard drives, all files and data stored on any computer databases. For each document produced, identify the corresponding request. If you claim any information sought herein is privileged in whole or in part, object to any form of any request or believe that any document would be excluded from production to the State, regardless of its relevance, state the reason(s) for said objection or ground of exclusion. Identify with particularity each document for which you claim a privilege including the date of the document, the person who prepared the document, the person to whom the document was directed, the substance of the document and the reason you believe the document is privileged. INSTRUCTIONS ‘This Request for Production of Documents and Records to a Non-Party is made pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, In accordance with that Rule: 1. You are entitled to reimbursement for costs resulting from your response to this ‘Request for Production of Documents and Records to Non-Party. If there are costs associated with production of these documents, please let me office know and we will reimburse for those costs. 2. You are entitled to security against damages, or payment of damages, which may result from this request, and you may respond to this Request for Production of Documents to a Non-Party by submitting to its terms, or by proposing different terms, or by objecting specifically or generally to the Request by serving a written response to the Prosecuting Attomey, Nicholas C. McLeland, within thirty (30) days from the receipt of the Request for Production of Documents and Records to a Non-arty, or by moving to Quash this Request for Production of Documents and Records to a Non-Party, as permitted by Rule 2 of the Indiana Rules of Criminal Procedure, ‘The failure to respond to this Request for Production of Documents and Records to a Non- Party, to object to it, or to move to quash it, as provided by the applicable Indiana Rules of Criminal Procedure or Order of the Court, within thirty (30) days from the date of service, will subject you to a Motion for Sanctions pursuant to Rule 2 of the Indiana Rules of Criminal Procedure. ‘You are required to keep this subpoena and the information contained therein confidential. This subpoena and the information listed herein is not to be released to the public and should be kept confidential. Any release of this information will be in direct violation of a Court Order. DOCUMENTS AND RECORDS TO BE PRODUCED Any mental health records that you may have concerning Richard M. Allen, including all records from any physician that has evaluated or examined Richard M, Allen from the beginning of his stay at Westville Correctional Facility, on or about November 3", 2022 until present. ‘The results of any mental health evaluation and/or exams performed on Richard M. Allen while he has been incarcerated at Westville Correctional Facility, on or about November 3", 2022 until present. Any other documents, records, notes, videos and/or writings that the facility may have pertaining to Richard M. Allen mental health during his time of incarceration at Westville Correctional Facility, on or about November 3", 2022 ,until present, ‘Submitted under my hand as counsel of record, pursuant to T.R. 2, on this Jp7 day of April, 2023. Respectfully submitted, fh: © Madd Nicholas C. McLeland, #28300-08 Carroll County Prosecutor 101 W. Main Street Delphi, IN 46923 (765) 564-4514 (CERTIFICATE OF SERVICE Thereby cortify that service of a tue and complete copy ofthe above and foregoing pleading or paper was made upon the following parties and filed with the Caroll Circuit Court by depositing the same in the United States mail in an envelope properly addressed and with sufficient postage affixed this Q/()7 day of April, 2023. Westville Correctional Facility Indiana Department of Corrections ‘Atm: Elise Gallagher ‘5501 S. 1100 W. ‘Westville, IN 46391 Carroll County Prosecutor 2830-08STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT ) ss: COUNTY OF CARROLL ) STATE OF INDIANA. ) CAUSE NUMBER: 08C01-2210-MR-00001 vs. } RICHARD M. ALLEN } SUBPOENA DUCES TECUM TO: Westville Correctional Facility Indiana Department of Corrections . Attu; Elise Gallagher . 5501 S. 1100 W. iP Westville, IN 46391 RE: Richard Allen ‘Now comes the State of Indiana, by Prosecuting Attomey, Nicholas C. MeLeland, pursuant to Rule 2 of the Indiana Trial Rules of Trial of Criminal Procedure, requests that the following documents and records be produced for the Carroll County Prosecuting Attomey Nicholas C. MeLeland, at 101 West Main Street, Suite 204, Delphi, Indiana 46923, within thirty (30) days from the date of service of this Request for Production of Documents and Records to a Non-Party. You may comply by mailing a copy of the requested documents to the Prosecutor's office post-marked prior to the date on which production is required by the Indiana Rules of Trial Procedure. DEEINITIONS As used in this request, the term “document” encompasses the fall scope of that term as it is used in Trial Rule 34, including, without limitations, all writings, papers, photographs, videos, and other recordings and communications of any kind, whether printed, electronically recorded, filmed, or recorded or produced manually or by other process. The term “document” includes all margincomments, handwritten notes, date of receipt stamps and notations of any kind appearing on any document. The term “document” includes all files and data stored on computer disks or hard drives, all files and data stored on any computer databases. For each document produced, identify the comesponding request. If you claim any information sought herein is privileged in whole or in part, object to any form of any request or believe that any document would be excluded from production to the State, regardless of its relevance, state the reason(s) for said objection or ground of exclusion, Identify with particularity each document for which you claim a privilege including the date of the document, the person who prepared the document, the person to whom the document was directed, the substance of the document and the reason you believe the document is privileged. INSTRUCTIONS ‘This Request for Production of Documents and Records to a Non-Party is made pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, In accordance with that Rule: 1. Youre entitled to reimbursement for costs resulting from your response to this Request for Production of Documents and Records to Non-Party. If there are costs associated with production of these documents, please let me office know and we will reimburse for those costs. 2. Youare entitled to security against damages, or payment of damages, which may result from this request, and you may respond to this Request for Production of Documents to 2 Non-Party by submitting to its terms, or by proposing different terms, or by objecting specifically or generally to the Request by serving a written response to the Prosecuting Attomey, Nicholas C. McLeland, within thirty (30) days from the receipt of the Request for Production of Documents and Records to a Non-Party, or by moving to Quash this Request for Production of Documents and Records to a Non-Party, as permitted by Rule 2 of the Indiana Rules of Criminal Procedure. ‘The failure to respond to this Request for Production of Documents and Records to a Non- Party, to object to it, or to move to quash it, as provided by the applicable Indiana Rules of Criminal Procedure or Order of the Court, within thirty (30) days from the date of service, will subject you to a Motion for Sanctions pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, ‘You are required to keep this subpoena and the information contained therein confidential. This subpoena and the information listed herein is not to ‘be released to the public and should be kept confidential. Any release of this information will be in direct violation of a Court Order. DOCUMENTS AND RECORDS TO BE PRODUCED ‘Any medical documents that you may have concerning Richard M. Allen, including all records from any physician that has evaluated or examined Richard M. Allen from the beginning of his stay at Westville Correctional Facility, on or about November 3", 2022 until present. ‘The results of any medical evaluation performed on Richard M. Allen while he has been incarcerated at Westville Correctional Facility, on or about November 3°, 2022 until present, Any other documents, records, notes, videos and/or writings that the facility may have pertaining to Richard M. Allen medical health during his time of incarceration at Westville Correctional Facility, on or about November 3", 2022 ,until present Submitted under my hand as counsel of record, pursuant to T.R. 2, on this do7P day of April, 2023. Respectfully submitted, Me C Mle Nicholas C. Ma +#28300-08 Carroll County Prosecutor 101 W. Main Street Delphi, IN 46923 (765) 564-4514 CERTIFICATE OF SERVICE Thereby certify that service ofa true and complete copy of the above and foregoing pleading or paper was made upon the following parties and filed withthe Carroll Circuit Court by depositing ete same inthe United States mail i an ‘envelope properly addressed and with suficient postage affixed this {DTH day of April, 2023. Westville Correctional Facility Indiana Department of Corrections ‘Atta: Elise Gallagher 5501 8. 1100 W. ‘Westville, IN 46391 MRC Mad ‘Nicholas C Mic CM Carroll County Prosecutor 2830-08STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT ) SS: COUNTY OF CARROLL ) STATE OF INDIANA. ) CAUSE NUMBER: 08C01-2210-MR-00001 ) VS. ) ) RICHARD M. ALLEN ) ‘SUBPOENA DUCES TECUM fi TO: CVS Headquarters 202002 Attn: Records Department One CVS Drive Woonsocket, RI 02895 800” COURT RE: Richard Allen ‘Now comes the State of Indiana, by Prosecuting Attorney, Nicholas C, MeL.eland, pursuant to Rule 2 of the Indiana Trial Rules of Trial of Criminal Procedure, requests that the following documents and records be produced for the Carroll County Prosecuting Attomey Nicholas C. MeLeland, at 101 West Main Street, Suite 204, Delphi, Indiana 46923, within thirty (30) days from the date of service of this Request for Production of Documents and Records to a Non-Party. You ‘may comply by mailing a copy of the requested documents to the Prosecutor’s office post-marked prior to the date on which production is required by the Indiana Rules of Trial Procedure. DEFINITIONS ‘As used in this request, the term “document” encompasses the full scope of that term as it is used in Trial Rule 34, including, without limitations, all writings, papers, photographs, videos, and other recordings and communications of any kind, whether printed, electronically recorded, filmed, or recorded or produced manuelly or by other process. The term “document” includes all margin comments, handwritten notes, date of receipt stamps and notations of any kind appearing on anydocument, The term “document” includes al files and data stored on computer disks or hard drives, all files and data stored on any computer databases. For each document produced, identify the corresponding request. tyou claim any information sought herein is privileged in whole or in part, object to any form of any request or believe that any document would be excluded from production to the State, regardless ofits relevance, state the reason(s) for said objection or ground of exclusion. Identify with particularity each document for which you claim a privilege including the date of the document, the person who prepared the document, the person to whom the document was directed, the substance of the document and the reason you believe the document is privileged. INSTRUCTIONS This Request for Production of Documents and Records to a Non-Party is made pursuant to Rule 2 of the Indiana Rules of Criminal Procedure. In accordance with that Rule: 1. You are entitled to reimbursement for costs resulting from your response to this ‘Request for Production of Documents and Records to Non-Party. If there are costs associated with production of these documents, please let me office know and we will reimburse for those costs. 2. Youare entitled to security against damages, or payment of damages, which may result from this request, and you may respond to this Request for Production of ‘Documents to a Non-Party by submitting to its terms, or by proposing different terms, or by objecting specifically or generally to the Request by serving a written ‘response to the Prosecuting Attorney, Nicholas C. McLeland, within thirty (30) days from the receipt of the Request for Production of Documents and Records to a Non- Party, or by moving to Quash this Request for Production of Documents and3. Records to a Non-Party, as permitted by Rule 2 of the Indiana Rules of Criminal Procedure. “The failure to respond to this Request for Production of Documents and Records to a Non- Party, to object to it, or to move to quash it, as provided by the applicable Indiana Rules of Criminal Procedure or Order of the Court, within thirty (30) days from the date of service, will subject you to a Motion for Sanctions pursuant to Rule 2 of the Indiana Rules of Criminal Procedure. You are required to keep this subpoena and the information contained therein confidential. This subpoena and the information listed herein is not to be released to the public and should be kept confidential. Any release of this information will be in direct violation of a Court Order. Dor AND RECORDS TO BE PRODUCED ‘The work records for Richard Allen, Please provide copies of all work records for Richard Allen, including attendance records for those days. Personal files for Richard Allen Submitted under my hand as counsel of record, pursuant to TR.2, on this 2074 day of April, 2023. Respectfully submitted, AR Maa ‘Nicholas C. MeLeland, #28300-08 Carroll County Prosecutor 101 W. Main Street Delphi, IN 46923 (765) 564-4514CERTIFICATE OF SERVICE hereby certify that service ofa true and complete copy ofthe above and foregoing pleading or peper was made upon the following parties and fled with the Carroll Circuit Court by depositing the same in the United States mail n an cavelope properly addressed and with sufficient postage affixed this QOH day of April, 2023. CVS Headquarters ‘Attn: Records Department One CVS Drive mC Me ‘Woonsocket, RI 02895 Nicholas C. MeLeland Carroll County Prosecutor 28300-08,STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT ) 8S: COUNTY OF CARROLL ) STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-00001 ) vs. ) ) RICHARD M. ALLEN ) SUBPOENA DUCES TECUM TO: Westville Correctional Facility POO Indiana Department of Corrections Attn: Elise Gallagher 5501 8. 1100 W. Westville, IN 46391 CLERK cou RE: Richard Allen Now comes the State of Indiana, by Prosecuting Attomey, Nicholas C. MeLeland, pursuant to Rule 2 of the Indiana Trial Rules of Trial of Criminal Procedure, requests that the following documents and records be produced for the Carroll County Prosecuting Attorney Nicholas C. MeLeland, at 101 West Main Street, Suite 204, Delphi, Indiana 46923, within thirty (30) days from the date of service of this Request for Production of Documents and Records to a Non-Party. You may comply by mailing a copy of the requested documents to the Prosecutor’s office post-marked prior to the date on which production is required by the Indiana Rules of Trial Procedure. DEFINITIONS ‘As used in this request, the term “document” encompasses the full scope of that term as it is used in Trial Rule 34, including, without limitations, all writings, papers, photographs, videos, and other recordings and communications of any kind, whether printed, electronically recorded, filmed, or recorded or produced manually or by other process. The term “document” includes all margincomments, handwritten notes, date of receipt stamps and notations of any kind appearing on any document. The term “document” includes al files and data stored on computer disks or bard drives, all files and data stored on any computer databases. For each document produced, identify the corresponding request. If you claim any information sought herein is privileged in whole or in part, object to any form of any request or believe that any document would be excluded from production to the State, regardless of its relevance, state the reason(s) for said objection or ground of exclusion. Identify with particularity each document for which you claim a privilege including the date of the document, the person who prepared the document, the person to whom the document was directed, the substance of the document and the reason you believe the document is privileged. INSTRUCTIONS ‘This Request for Production of Documents and Records to a Non-Party is made pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, In accordance with that Rule: 1. You are entitled to reimbursement for costs resulting from your response to this, Request for Production of Documents and Records to Non-Party. If there are costs associated with production of these documents, please let me office know and we will reimburse for those costs. 2. Youare entitled to seeurity against damages, or payment of damages, which may result from this request, and you may respond to this Request for Production of ‘Documents to a Non-Party by submitting to its terms, or by proposing different tems, or by objecting specifically or generally to the Request by serving a waitten response to the Prosecuting Attomey, Nicholas C. McLeland, within thiny (30) days from the receipt of the Request for Production of Documents and Records to a Non-Party, or by moving to Quash this Request for Production of Documents and Records to a Non-Party, as permitted by Rule 2 of the Indiana Rules of Criminal Procedure. ‘The failure to respond to this Request for Production of Documents and Records to a ‘Non- Party, to object to it, or to move to quash it, as provided by the applicable Indiana Rules of Criminal Procedure or Order of the Court, within thirty (30) days from the date of service, will subject you to a Motion for Sanctions pursuant to Rule 2 of the Indiana Rules of Criminal Procedure. ‘You are required to keep this subpoena and the information contained therein confidential. This subpoena and the information listed herein is not to be released to ‘the public and should be kept confidential. Any release of this information will be in direct violation of a Court Order. DOCUMENTS AND RECORDS TO BE PRODUCED Any and all audio/video recordings of Richard M. Allen while he is in his cell or being moved from his cell to a recreational area for the time period of his incarceration at Westville Correctional Facility. Any notes ftom any guards, inmates or other Westville personnel that have made written observations of Richard M. Allen, either while he is in his cell or when he is being moved from one place to another for the time period of his incarceration at Westville Correctional Facility. Recordings of any interviews done with Richard M. Allen by anyone at the facility while he has been incarcerated at Westville Correctional Facility. Copies of any recorded phone calls, outside of phone calls made to his attorneys,while he was incarcerated in the facility. 5, Any written requests made by Richard M, Allen while he was at Westville Correctional Facility. 6. Any other documents, records, notes, videos and/or writings that the facility may have pertaining to Richard M. Allen for his incarceration at that facility. Submitted under my hand as counse! of record, pursuant fo TR. 2, on this AQT day of April, 2023. Respectfully submitted, MC Mat ‘Nicholas C. MeLeland, #28300-08 Carroll County Prosecutor 101 W. Main Street Delphi, IN 46923 (765) 564-4514 CERTIFICATE OF SERVICE hereby certify that service ofa true and complete copy ofthe ebove and foregoing pleading or paper was made upon the foflowing parties and fled with the Caroll Circuit Court by depositing the same inthe United States mail in an envelope propery addressed and wit sufficient postage affixed this 2Q)T™ day of April, 2023. Westville Correctional F Indiana Department of Corrections ‘Atta: Blise Gallagher ‘5501 S. 1100 W. ‘Westville, IN 46391 Carroll County Prosecutor 28300-08STATE OF INDIANA. ) IN THE CARROLL CIRCUIT COURT, )ss: COUNTY OF CARROLL ) Sgt STATE OF INDIANA ) CAUSENUMBER: 08C01-2210-MR.O ) B vs. ) ) “RICHARD M. ALLEN ) SUBPOENA DUCES TECUM TO: CVS Headquarters Attn; Records Department One CVS Drive _ 31.0 Woonsocket, RI 02895 we “CLS Pursuant to Ruld/2 of the Indiana Rules of Criminal Procedure, you are hereby directed to produce the following to counsel for the Carroll County Prosecutor, Nicholas C. McL-cland, at 101 sey . et dae ‘West Main Street, Suite 204, Delphi, Indiana 46923 within thirty (30) days of receipt: 1, All documents requested in the accompanying Request for Production of Documents toe Non-Party. “4, > ‘An executed Affidavit of Custodian or Records (enclosed). ub sobs Submitted under iay hand as counsel of record, pursuant to TR. 2, on this a0 day Respectfully submitted, > ahs ‘ . eC if ‘Nicholas C. MeLeland, #2830 Carroll County Prosecutor “The Court finds that the requirements of Omar V. State of Indiana are met and the Request for, Leaveis Approved this“ ___ day of prt, 2023. vst d Moy _ wnt si of Enfoces Gull, Special Judge ( ‘Ofrrott Cizouit Court itSTATE OF INDIANA ) IN TH CARROLL CIRCUIT COURT ) 8S: COUNTY OF CARROLL ) ‘STATE OF INDIANA ) CAUSENUMBER: 08C01-2210-MR#00001 WS. 3 RICHARD M. ALLEN 3 SUBPOKNA DUCES TECUM ‘TO: Westville Correctional Facility Indiana Department of Corrections Atm: Elise Gallagher > "5501S, 1100 W. Westville, IN 46391 Pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, you are hereby directed to ati produce the fllowing to couse forth Call County Proseutr, Nicholas C: MeLalan at 1 ‘West Main Sweet, Suite 204, Delphi, Indiana 46923 within thisty (30) days of receipt 1, All documents requested in the accompanying Request for Production of Documents toaNon-Paty, 2. Amexecuted Affidavit of Custodian or Records (enclosed). Submited under my hand as counsel of record, pursuant to T.R, 2, on this apt day of April, 2023, . Respectfully submitted, . haa Als ga not : Nic las C, McLeland, #28300-08 Yate . Carroll County Prosecutor ‘The Court finds that the requirements of Omar. v. State of Indiana are met and the. Ral Leave is Approved this day of Apslt;2023. MeySTATE OF INDIANA) IN THE CARROLL CIRCUIT COURT dss: COUNTY OF CARROLL) CAUSE NO. 08C01-2210-MR-000001 ) STATE OF INDIANA) ) v. ) ) RICHARD ALLEN ) ORDER Comes now Accused, by counsel, having filed Motion to Suppress Fruits of Search of 1967 North Whiteman Drive, Delphi, Indiana, and the Court being duly advised in the premises, now finds that a hearing on said motion should take place on June 15%, 2023 at 8:30 a.m, IT IS THEREFORE ORDERED, ADJUDGED and DECREED. Date: = Frances C. Gull, Special Judge Carroll Circuit Court Distribution‘ Carroll County Prosecutor's Office BALDWIN PERRY & WILEY, P.C.Filed: 5119/2023 4:43 P Carroll Circuit Cou roll County, Indian STATE OF INDIANA) IN THE CARROLL CIRCUIT COURT )Ss: COUNTY OF CARROLL) CAUSE NO. 08C01-2210-MR-000001 ) STATE OF INDIANA) ) ve ) ) RICHARD ALLEN ) MOTION TO SUPPRESS FRUITS OF SEARCH OF 1967 NORTH WHITEMAN DRIVE, DELPHI, INDIANA Comes now the Accused, by counsel and through counsel, and pursuant to the Fourth and Fourteenth Amendments to the United States Constitution and Article 1, Section 11 of the Constitution of the State of Indiana moves to suppress all evidence obtained by the defective search warrant was issued without probable cause. In support of said motion, the Accused states: 1. The affidavit submitted in support of the search warrant failed to establish that the items to be seized were in the residence, or could be expected to be in the residence, at the time of the search 2. The affidavit submitted in support of the search warrant failed to provide particular information that particular items related to the particular crime would be found in the Accused’s home, but rather provided generic information concerning generic items that could be found in the Accused’s home, or any other home, potentially, in Indiana. 3, Tho affidavit submitted in support of the search warrant failed to connect the generic items for which it was seeking to the actual items that were possibly used in the crime for which he is now charged 4, The search warrant was unreasonable under both the Indiana and federal Constitution. WHEREFORE, Accused respectfully prays the Court to schedule this motion for a hearing on June 15%, 2023 at 8:30 a.m. and thereafter grant suppression.Respectfully submitted. dsl Andrew Baldwin Andrew Baldwin, Atty. No.17851-41 Counsel for Defendant BALDWIN PERRY & WILEY, P.C. 150 N. Main St. Franklin, Indiana 46131 317-736-0053 CERTIFICATE OF SERVICE This is to certify a copy of the foregoing pleading has been provided to all counsel of record for the opposing party, via IEFS this same day of filing. Js! Andrew Baldwin BALDWIN PERRY & WILEY, P.C.STATE OF INDIANA ) IN THE CARROLL COUNTY CIRCUIT COURT COUNTY OF MARION } “ CAUSE NO. 08C01-2210-MR-000001 STATE OF INDIANA’ Plaintiff, v. RICHARD M. ALLEN, Defendant. ORDER GRANTING MEDIA INTERVENORS’ RENEWED MOTION TO INTERVENE, AND MOTION TO GRANT PUBLIC ACCESS TO THE STATE’S VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS The matter before the Court is the Renewed Motion to Intervene and Motion to Grant Public Access to the State’s Verified Request to Prohibit Public Access filed by the Media Intervenors (the “Motion”).! The Court, having considered both Motions and being duly advised, finds that the Motions should be GRANTED. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT the Media Intervenors are granted leave to intervene, and the State’s Verified Request to Prohibit Public ‘Access filed on October 28, 2022 shall be released to the public. The Clerk is directed to make the Verified Request available to the public on the docket. Dated: _ _ ee Frances C. Gull, Special Judge Carroll Circuit Court Distribution: All counsel of record. The “Media Intervenors” refer tothe following entities collectively: Indiana Broadcasters Association, Ine.; Hoosier State Press Association, Inc.; The Associated Press; Circle City Broadcasting 1, LLC d/bia WISH-TV; E,W. Scripps Company d/b/a WRTV; Nexstar Media Inc. d/b/a WXINIWTTV: Neuhoff Media Lafayette, LLC; Woof Boom Radio LLC: TEGNA Ine. d/bla WTHR; Gannett Satelite Information Network, LLC d/b/a The Indianapolis Star; and ‘American Broadcasting Companies, Inc. dba ABC News,STATE OF INDIANA, ) IN THE CARROLL CIRCUIT COURT )SS: COUNTY OF CARROLL d STATE OF INDIANA ) CAUSE NUMBER: 08C01 -2210-MR-000 | ) s FILED RICHARD M. ALLEN ) October 28, 2022 CLERK CARROLL CIRCUIT COURT VERIFIED REQUEST TO PROHIBIT PUBLIC KR ‘ACCESS TO A COURT RECORD Now comes Nicholas C. McLeland, Carroll County Prosecuting Attomey, being first duly swvom upon his oath, and requests the Court to prohibit public access to the Charging ‘Information, the Probable Cause Affidavit and other Court documents filed in this cause of action. In support of said request. the State shows the following: I. That the public interest will be secured by the sealing of the record: ‘That dissemination of the information contained in the record will create a serious and imminent danger to the public interest: 3. That any prejudicial effect created by dissemination of the information cannot be avoided by any reasonable method other than scaling of the record; 4. That there is a substantial probability that sealing of the record will be effective in protecting the public interest against the perceived danger: 5. ‘That the public interest will be substantially served by prohibiting access for the reason thet the release of the information might damage an ongoing murder investigation: or: 6. That access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor. other persons. or the general public. ‘That now comes the State of Indiana, by Nicholas C, MeL eland. Carroll County Prosecuting Attomey. and requests the Court to prohibit public access to the Charging, Information, the Probable Cause Affidavit and other Court documents. Further the State is asking the Court to find that remedial benefits to be gained by effectuating the public policy of the state are outweighed by a preponderance of the evidence for the above referenced reasonsand seal the records involved with this Cause of Action, until further Order of the Court and for all other just and proper relief in the premises, Dated this ayt day of October, 2022. |. Atty, #28300-08 Carroll County Prosecuting AttorneySTATE OF INDIANA CARROLL CIRCUIT COURT COUNTY OF CARROLL, SS: CAUSE NO. 08C01-2210-MR:1 VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD Nicholas C. Mcl.eland, Prosecuting Attomey, being first duly sworn upon his oath, requests the Court to prohibit public access, and shows the Court that 1) The public interest will be substantially served by prohibiting access for the reason that the release of the information might damage an ongoing case; or 2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons, or the general public. 1 affirm under penalty of perjury as specified by ILC, 35-44.1-2-1, that the foregoing representations are true Dated this 14" day of April 2023. Nicholas C. McLeland, Atty. #28300-08 Prosecuting Attorney CLERK Gs UIT couaTSTATE OF INDIANA CARROLL CIRCUIT COURT COUNTY OF CARROLL, SS: IN THE INVESTIGATION OF CAUSE NO. 08C01-2210-MR-1 CRIMES COMMITTED IN CARROLL COUNTY, INDIANA VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD Nicholas C. McLeland, Prosecuting Attomey, being first duly sworn upon his oath, requests the Court to prohibit public access, and shows the Court that: 1). The public interest will be substantially served by prohibiting access for the reason that the release of the information might damage an ongoing murder investigation; or 2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons, or the general public. 1 affirm under penalty of perjury as specified by I.C, 35-44,1-2-1, that the foregoing representations are true. Dated this 20" day of April, 2023. Prosecuting AttomeySTATE OF INDIANA CARROLL CIRCUIT COURT COUNTY OF CARROLL, SS: IN THE INVESTIGATION OF CAUSE NO. 08C01-2210-MR-1 CRIMES COMMITTED IN CARROLL COUNTY, INDIANA, VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD Nicholas C. MeLeland, Prosecuting Attomey, being first duly sworn upon his oath, requests the Court to prohibit public access, and shows the Court that: 1). The public interest will be substantially served by prohibiting access for the reason that the release of the information might damage an ongoing murder investigation; or 2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons, or the general public. affirm under penalty of perjury as specified by ILC, 35-44.1-2-1, that the foregoing representations are true. Dated this 20 day of April, 2023. ther wit eae Nicholas C. MeLeland, Atty. #28300-08 Prosecuting AttorneySTATE OF INDIANA CARROLL CIRCUIT COURT COUNTY OF CARROLL, SS: IN THE INVESTIGATION OF CAUSE NO. 08C01-2210-MR-1 CRIMES COMMITTED IN CARROLL COUNTY, INDIANA 2023 VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD Nicholas C. McLeland, Prosecuting Attomey, being first duly sworn upon his oath, requests the Court to prohibit public access, and shows the Court that: 1) The public interest will be substantially served by prohibiting access for the reason that the release of the information might damage an ongoing murder investigation; or 2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons, or the general public. affirm under penalty of perjury as specified by ILC. 35-44.1-2-1, that the foregoing representations are true. Dated this 20" day of April, 2023. fe C Whad Nicholas C. MeLeland, Atty. #28300-08 Prosecuting AttorneySTATE OF INDIANA CARROLL CIRCUIT COURT COUNTY OF CARROLL, SS: IN THE INVESTIGATION OF CAUSE NO, 08C01-2210-MR-1 CRIMES COMMITTED i E IN CARROLL COUNTY, INDIANA APR 20 2023 VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD Nicholas C. McLeland, Prosecuting Attomey, being first duly sworn upon his oath, requests the Court to prohibit public access, and shows the Court that: 1). The public interest will be substantially served by prohibiting access for the reason that the release of the information might damage an ongoing murder investigation; or 2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons, or the general public. 1 affirm under penalty of perjury as specified by 1.C. 35-44.1-2-1, that the foregoing representations are true. Dated this 20 day of April, 2023. fl lxp wip 4 fin: © WiAs ‘Nicholas C. MeLeland, Atty. #28300-08 Prosecuting AttomeySTATE OF INDIANA CARROLL CIRCUIT COURT COUNTY OF CARROLL, SS: STATE OF INDIANA CAUSE NO, 08C01-2210-MR-1 vs. RICHARD M. ALLEN VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD Nicholas C. McLeland, Prosecuting Attomey, being first duly swom upon his oath, requests the Cour to prohibit public access, and shows the Court that: 1) The State makes said request in an effort to remain in compliance with the Order or Judgement of the Court (Gag Order) entered in this cause on December 2, 2022; and 2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons, ot the general public. affirm under penalty of perjury as specified by IC. 35-44.1-2-1, that the foregoing representations are true. Dated this 13"*day of June, 2023. fk C Nicholas C. MeLeland, Atty. #28300-08 Prosecuting AttorneySTATE OF INDIANA CARROLL CIRCUIT COURT COUNTY OF CARROLL, 8S STATE OF INDIANA CAUSE NO, 08C01-2210-MR-1 vs RICHARD M. ALLEN . OE f) 13 2023 VERIFIED REQUEST TO PROHIBIT PUBLIC ACCESS TO A COURT RECORD Nicholas C. MeLeland, Prosecuting Attomey, being first duly swom upon his oath, requests the Court to prohibit public access, and shows the Court that: 1) The State makes said request in an effort to remain in compliance with the Order or Judgement of the Court (Gag Order) entered in this cause on December 2, 2022; and 2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons, or the general public. {affirm under penalty of perjury as specified by ILC. 35-44.1-2-1, that the foregoing representations are true, Dated this [3 day of June, 2023. Msc esd Nicholas C. McLeland, Atty. #28300-08 Prosecuting AttomeySTATE OF INDIANA CARROLL CIRCUIT COURT COUNTY OF CARROLL DELPHI, INDIANA. ‘STATE OF INDIANA. vs. CAUSE NO, 08C01-2210-MR-O1 RICHARD M, ALLEN FROBABLE CAUSE AFFIDAVIT 1, the undersigned affiant, submit the following information pursuant to.C, 35-33-7-2 as a swom affidavit setting forth the facts end clroumstances Jmown to law enforcement of Carroll County as the basis for probable cause to arrest without a warrant orto establish probable cause for issuance of an arrest warrant for the above named defendant. ‘That the facts and circumstances described below would be sufficient basis for aperson of reasonable caution and prudence to believe thatthe accused has committed or attempted to committhe offense(s) described and that if arrested without a warrant, ‘such would be authorized under 1.C. 35-33-1-1. ‘That the hearsty statements of witnesses contained herein ere considered reliable and credible de to the.witness's personal Imowledge and/or are corroborated by the totality ofthe circumstances, ‘That on Fébriiary 14, 2017 Victim 1 and Victim 2 weré found deceased in the woods approximately 0.2 miles northeast of the Monon High Bridge in Carroll County. Their bodies were Jocated on the north side of the Deer Creek. . “Attthe time, the Monon High Bridge Trail was an approximately 1 mile gravel trail terminating at he , Monon High Bridge. The Monon High. Bridge is an abandoned railroad | trestle approximately 0.25 miles long spanning the Deer Creek and Deer Creek valley on the southeast end of the trail. Approximately 0.7 niles northwest on the trail from the northwestern edge of the Monon High Bridge is the Freedom Bridge, which is a pedestrian bridge spanning State Road 25. Approximately 350 feet west of Freedom Bridge was a former railroad overpass aver Old State Road 25 (also known as County Road 300 North). The trail terminates just west of the former railroad overpass. The majority of the trail is in a wooded area with astezp embankment on the southside ofthe trail, The entirety ofthe tail andthe Jocation of the girls bodies were and are located in Carroll County, Indiana. ‘Through interviews, reviews of electronic records, and review of video atthe Hoasler Harvestor, Investigators believe Victim 1 and Victim 2 were dropped aff across from the Mears Farm at 1:49 p.m. on February 13, 2017 by ‘The Mears farms located on the north sdeof County Rond 300 North rear an entrance tothe tralls, A video from Victim 2's phone shows that at 2:13 p.m. Vitim 1 and Victin ‘encountered a male subject on the southeast portion of the Monon High Bridge. The male ordered the girs “Guys, Down the hil”, No witnesses saw them after this tine, No outgoing communteations Were ound on Victim 2's phone after this tne. Thele baile were discovered oh February 14, 2017. ‘The video recovered from Vietim 2's phone shows Victim 1 walking southeast on the Monon High Bridge while « male subject wearing a dark jacket and Jeans walks behind her, As the male subject approaches Victim 1 and Vietim 2, one of the victims mentions, “gun”. Near the end of the video a male is seen and heard telling the girls, “Guys, Down the hill” The girls then begin to proceed down the hil add the video ends, A stil photograph taken from the video and the “Guys, Down the hilt” axedio was subsequently released to the public to assist investigators in identifying the mate. Victim 1 and Victim 2's deaths were ruled os homicides. Clothes were found in the Deer Creek belonging to Vietim 1 and Vietin 2, south of where thelr bodies were located. There was also 40 caliber mspent round less than two foot away from Viet 2s Body Between Victim 1 and Victim 2's bodies. The round was unspent and had extraction marks on it. Interviews were conducted with 3 juveniles, and «They advised they were on the Monon High Bridge Trail on February 13", 2017. They advised they were walking on the trail toward Freedom Bridge to go home when they encountered a male walking from Freedom Bridge toward the Monon High Brlige described the male as “Kind of creepy” and advised he was wearing “like Blue Jeans a ike really light blue Jacket and he his hair was gray maybe alte brown and he ld not realy show ls foc.” ‘She advised the Jacket was a duck canvas type Jacket. advised she sald “Ht” the male but he just lared ot them. She recalled him Being in all black and had something covering is mouth, She described ‘him as “not very tall” with a bigger build. She said he was not bigger than $10”, advised he was ‘wearing a Black hoodie, black jeans, and black boots, She stated he had Is hands in bis pocket. ‘showed investigators photographs she took on her phone while she was on the tail that day, Thephotographs included a photo of the Monon High Bridge taken at 12:43 pan, and another one taken at 11:26 pum. of the bench Fist of the Freedom Bridge. advised after she-took the photo of the bench they started walking back toward Freedom Bridge. She advised that was when they encountered the man who matched the description ofthe photograph taken from Victim 2's video. described the ‘man she encountered on the trait as wearing a Blue or black windbreaker jacket. She advised the Jacket had a collar and he had his hood up from: the clothing undemeath his Jacket, She advised he was wearing baggy Jeans and was taller than her. She advised her head came up to approximately his shoulder, She advised ‘sald “FH to the man ond that he said nothing back. She stated he was walking with a purpose like he maw where he was golng. She stated he had his hands in his pockets and kept his head down. She advised she dld not get good look at his face but believed him to be a white male, The girls advised after encountering the male they continued thelr walk across Freedom Bridge and the old rallroad bridge over Old State Rood 25, Investigators spoke with who advised she was on the trails on February 13", 2017. Video from the Hoosler Harvestore captured _vehicle traveling eastbound at 1:46 p.m. toward the entrance across ‘fromthe Mears farm advised she saw 4 juvenile females walking on the bridge over Old State Road 25 as she was driving underneath on her way to park. _advised there were no other cars parked across _from the Mears farm when she parked. She advised she walked to the Monon Bigh Bridge and observed a ‘male matching the one from Victim 2's video, She described the male she saw as a white male, wearing blue Jeans and a Blue Jean Jacket. She advised he was standing on the first platform of the Manon High Bridge, approximately 50 feet from her, She advised she turned around at the bridge and continued her walk, She advised approximately halfway between the bridge and the parking area across from Mears farm, she passed two girls walking toward Monon High Bridge. ‘She advised she believed the girls were Vietim Land Victim 2, Video from the Hoosier Harvestore shows at 1:49 p.m. a white car matching sehicle traveling away from the entrance across from the Mears farm advised she finished her ‘walk and saw no other adults other than the male on the bridge, Her vehicle is seen on Hoosier ‘Hurvestore video at 2:14 p.m. leaving westbound fromthe tralls, advised when she was leaving she noted a vehicle was parked in an odd manner ot the old Child Protective Services building. She sald lt was not odd for vehicles to be parked there but she noticed it was odd because af the manner it was parked, hacked in near the building, Investigators received a tip from in which he stated he was on his wayto Dilphi on State Road 25 around 2:10 pm. on February 15%, 2017, He observed purple PY Cruiser or small SUV type vehicle parked on the south side ofthe old CPS building. He stated it appeared as though it was backed in as to conceal the license plate of the vehicle. both drew dlagrams of where they saw the vehicle parked and their diagrams generally matched as to the area: the vehicle was parked and the manner in which it was parked. advised he remembered seeing a smaller dark colored car parked at the old CPS building. ‘He described it as possibly being a “smart” car. vehicle is seen leaving at 2:28 p.m. on the Hoosler Harvestore video. Investigators spoke with _ who stated that she was traveling East on 300 North on February 13°, 2022 and observed a male subject walking west, on the North side of 300 North, away from the Monon High Bridge. advised thatthe male subject was wearing a blue colored jacket and blue jeans and was muddy and Bloody. She further stated, that it appeared he had gotten into a fight. Investigators _were uble to determine from watching the video from the Hoosier Harvestore that . was traveling on CR 500 North at approximately 3:57 pam. ‘Through interviews, electronic data, photographs, and video ftom the Hoosier Harvestore luvestigators determined that there were other people on the trail that day after 2:13 p.m. Those people were interviewed and none of those individuals encountered the male subject referenced above, witnessed by the Jvenile girls, and .. Further none of those indtviduals witnessed Vietim J and Vietim 2, Investigators reviewing prior tips encountered a tip narrative from an officer who interviewed Richard M, Allen in 2017, That narrative stated: “Mr. Allen was on the trail Between 1330-1530. He parked at the old Farm Bureau building ‘and walked to the new Freedom Bridge, While at the Freedom Bridge he saw three females, ‘He noted one was taller and had brown or black hair. He did not remember description nor did he speak with them. He walked from the Freedom Brldge to the High Bridge. He did not see anybody, although he stated he was watching a stock ficker on iis phone as he walked. ‘He stated there were vehicles parked at the High Bridge trail head, however dld not pay attention to them, He did not take any photos or video. ‘His cell phone did not list an IMEI but did have the following? ‘MEDD-256 691 463 100 153 495 ‘MEIDHEX-9900247025797 Potential follow up information: Who were the three girls walking in the area of Freedom - Bridge? Investigators believe Mr. Allen was referring to the former Child Protective Services building as therewas nota Farm Bureau building in the area nor had there been. Investigators believe the females he saw included and due to the time they were leaving the trait, the time he reported getting to the trail, and the descriptions the three females gave. Investigators: discovered Richard Allen owned two vehicles in. 2017—a 2016 black Ford Focus anda 2006 gray Ford 500. Investigators observed a vehicle that resembled Allen's 2016 Ford Focus on the “Hoosier Harvestore video at 1:27 p.m traveling westbound on CR 300 North in font ofthe Hoosier Harvestore, which coincided with his statement that he arrived around 1:30 p.m. atthe tralls. Investigators note witnesses described the vehicle parked a the former Child Protective Services Building as a PT Crutser, small SUV, or “Smart” car. Investigators belleve those descriptions are similar in nature to a 2016 Ford Focus. On October 13%, 2022 Richard Allen was interviewed again by investigators. He advised he was on the trails on February 13, 2017, He stated he saw juvenile girls on the trails east of Freedom Bridge and that he went onto the Monon High Bridge. Richard Allen further stated he went out onto the Monon High Bridge to watch the fish. Later in his statement, he said he walked out to the first platform on the bridge, He stated he then walked back, sat.on a bench on the tait and then left. He stated he parked his car on the side of an old building. He told investigators that he was wearing blue jeans and a blue or Black Carhartt jacket with a hood. He advised he may have been wearing some type of head covering as well. He further claimed he saw no one else except for the juvenile girls he saw east of the Freedom Bridge. He told investigators that he owns firearms and they are at his home, Richard M, Allen's wife, Kathy Allen, also spoke to investigators. She confirmed that Richard did have guns and knives at the residence. She also stated that Richard still owns a blue Carhart! jacket. On October 13¢, 2022, Investigators exceuted a search warrant of Richard Allen's residence at 1967 North Whiteman Driv, Delphi, Carroll County, Indiana. Among other items, officers located jackets, boots, knives and firearms, including a Sig Sauer, Model P226, 40 caliber plstol with serlat number U 625 627, ‘Between October 14°, 2022 and October 19*, 2022 the Indiana State Police Laboratory performed an anabsis on Allen's Sig Sauer Model P26, The Laboratory performed a physteal examination and classification of the firearm, function test, barrel and overall length measurement, test firing, ammunition component characterization, mlcroscopic comparison, end NIBIN. The Laboratory determined the +unspent round located within two feet of Victim 2’s body had been cycled through Richard M. Allen's Sig Sauer Model P226, The Laboratory remarked: ‘An identification opinion is reached when the evidence exhibits an agreement of class “heracterlstics and a sufficient agreement of individual marks. Suffictent agreement is ‘elated to the significant duplication of random striated/mpressed marks as evidenced by the correspondence of a pattern or combination of patterns of surface contours. The interpretation of identification is subjective in nature, and based on relevant selentific research and the reporting examiner's training and experience, “Investigators then ran the firearm and found thatthe firearm was purchased by Richard Alien in 2001, “Richard Allen voluntarily came fo the Indlana State Police post on October 26", 2022. He spoke with Investigators and stated that he never allowed anyone to use or borrow the Sig Sauer Model P226 firearm. When asked about the unspent bullet, he did not have an explanation of why the bullet was found between the bodies of Victim 1 and Victim 2. ‘Be again admitted that he was on the trail but denied knowing Vietim Jor Vietim 2 and denied any involvement in their murders. . Carroll County Sheriff's Department Detective + has been part of the investigation since it started in 2017, He has had an opportuntty to review and examine evidence gathered in this investigation. Detective along with other investigators, belleve the evidence gathered shows that Richard Allén ts the male subject sen on the video from Victim 2's phone who forced the victims down the hil, Further, thatthe victims were force down the hill by Richard Allen and lead to the location where they were murdered. “Thvough the statements and photographs ofthe jsvenite females and the statement of yond were atthe southeast edge ofthe trail at 12:43 pam, east of Freedom Bridge at 1:26 p.m, and walked across the former railroad overpass over: ‘Old State Road 25 after 1:26 p.m. and before 1:46 p.m. They walked the entirety ofthe trail and observed only one person—an adult male, . _vehicle is seen on Hoosier Harvestore video at 1:46 p.m. and leaving at 2:14 p.m. and she stated she only saw one adult male. and described the male in similar manners, wearing similar clothing, Leading investlgators to belleve all four saw the same male individual, Investigators believe the male observed by ,and —_ is the same male depicted in the ‘video from Victim 2's phone due to the descriptions of the male by the four females matching the male fn the video, Furthermore, Vietim 2's video was taken at 2:13 p.m, and saw only one male while ‘she was on the trail from approximately 1:46 p.m. to 2:14 p.m.Investigators believe Richard Allen was the male seen by sand and the male seen in Vieth 2's video, Richard Allen told investigators he was on the trail from 1:30 p.m. to 3:30 pam. that day, Video from Hoosler Harvestore shows a vehicle that matches the description of Richard Allen's vehicle passing at 1:27 p.m. toward the former CPS building. The clothing he told investigators he was: wearing match the clothing of the male in Victim 2's video and the clothing descriptions provided by and. Avvehicle matching the description of his 2016 Ford Focus is seen at or around 2:10 p.m, 2:14 p.m, and 2:28 p.m. at the former CPS building. Through his own admissions, Richard Allen walked the trails and eventually hiked to the Monon High Bridge and walked out onto the Monon High Bridge. ‘A male subject matching Richard Allen’s description was not seen on the trail after 2:13 p.m. Investigators identified other individuals on the trails or C.R. 300 North between 2:30 p.m. and 4:11 pare * None of thae individuals saw a male subject matching the description of Richard Alien on the tail. Furthermore, Richard Allen stated that he only saw three girls on the trail, who investigators believe to be oy Investigators belleve Richard Allen was not seen on the trail after 2:13 p.m because he was in the woods with Victim I and Victim 2, An unspent 40 caliber round between the bodies of Vict 1 and Victim 2, was forenslcalty determined to have beon cycled through Richard Allen's Sig Sauer Model P226. ‘The Sig Sauer Motel P26 was found at Richard Allen's residence and he admited to owning it Investigators were able fo determine that he had owned itsince 2001, Richard Allen stated he had not been on that property where the unspent round was found, that he did not know the property owner, and that he had no explanation as to why around cycled through his firearm would be at that location. Furthermore, he stated that he never allowed anyone to use or borrow: the Sig Sauer Model P26, Investigators believe that after the victims were murdered, Richard Allen returned to his vehicle by walking down CR 300 North. Investigators belleve he was seen by walking back to his vehicle on CR 300 north, with clothes that were muddy and bloody. . , along with investigators, believe the statements made by the witnesses because the ‘slatements corroborate the timeline of the death the two victims, as well as coincide with the admissions made by Richard Aen. Further, the accounts relayed by yond - ore similar in nature and time stamps on photographs taken by correspond to the times the juvenile feruales ‘sald they were.on the trail and saw male individual. ,* CARROLL CIRCUIT COURT Date: October 27, 2022 ‘STATE OF INDIANA CAUSE NUMBER 08C01-2210-MR-01 vs . RICHARD M, ALLEN 1967 Whiteman Drive, Delphi, IN 46923 DOB: 99/1972 SSN: XXX-XK-3934 ‘The Court will please enter the following minutes: State of Iudiana b ‘Nicholas C, McLeland, i, Pregouting Atom ey, files probable case affidavit exeouted ‘by Tony Liggett and ition for: Count 1 ilony; aed Count 2: Murder, a Felony. ‘The Defendant being in custody, the court determines that probable cause does exist. The Court sets bond in this matter at Initial hearing is set at Entry Approved: ‘Benjamin A. Diener, Jadge Carroll Circuit Court /sfNicholes C, McLeland al esering A \orney #2820008STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT ) SS: COUNTY OF CARROLL ) STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-000 ) vs. ) ) RICHARD M. ALLEN ) COURT ORDER Now comes the State of Indiana, by Prosecuting Attorney, Nicholas C. McLeland, filed a Motion for Order Prohibiting the Parties, Counsel, Law Enforcement Officials, Court Personnel, Coroner, and Family Members from Disseminating Information or Releasing any Extra-Judicial Statements by Means of Public Communication. ‘The Court takes the motion under advisement and sets this matter for a hearing on lll parties are ordered to appear on said time and date. SO ORDERED this __ day of November 2022. Frances Gull, Special Judge Carroll Circuit Court PC: State: Atty. Nicholas C. MeLeland Defendant: Brad Rozzi Andrew Baldwin‘STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT COUNTY OF CARROLL } “ STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-00001 vs. 3 RICHARD M. ALLEN } SUBPOENA DUCES TECUM TO: Westville Correctional Facility Indiana Department of Corrections Attn: Elise Gallagher 5501 S. 1100 W. ‘Westville, IN 46391 Pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, you are hereby directed to produce the following to counsel for the Carroll County Prosecutor, Nicholas C. McLeland, at 101 West Main Street, Suite 204, Delphi, Indiana 46023 within thirty (30) days of receiy 1, All documents requested in the accompanying Request for Production of Documents to a Non-Party. 2. An executed Affidavit of Custodian or Records (enclosed). ‘Submitted under my hand as counsel of record, pursuant to T.R. 2, on this Q TH day of April, 2023. Respectfully submitted, AC phd Nicholas C. McLeland, #28300-08 Carroll County Prosecutor “The Court finds that the requirements of Omar v. State of Indiana are met and the Request for Leave is Approved this ____day of April, 2023. Frances Gull, Special Judge Carroll Circuit CourtSTATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT )ss: COUNTY OF CARROLL ) STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-00001 ) vs. ) ) RICHARD M. ALLEN ) SUBPOENA DUCES TECUM TO: Westville Correctional Facility Indiana Department of Corrections Attn: Elise Gallagher 3501 S. 1100 W. ‘Westville, IN 46391 Pursuant to Rule 2 of the indiana Rules of Criminal Procedure, you are hereby directed to produce the following to counsel for the Carroll County Prosecutor, Nicholas C. McLeland, at 101 West Main Street, Suite 204, Delphi, Indiana 46923 within thirty (30) days of receipt: 1. All documents requested in the accompanying Request for Production of Documents to aNon-Party. 2. Anexeeuted Affidavit of Custodian or Records (enclosed), Submitted under my hand as counsel of record, pursuant to TR.2, on this 904 day of April, 2023. Respectfully submitted, ARC Mar Nicholas C. MeLeland, #28300-08 Carroll County Prosecutor ‘The Court finds that the requirements of Omar v. State of Indiana are met and the Request for Leave is Approved this day of April, 2023. Frances Gull, Special Judge Carroll Circuit CourtSTATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT ) SS: COUNTY OF CARROLL ) STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-00001 ) vs. ) ) RICHARD M. ALLEN ) SUBPOENA DUCES TECUM TO: CVS Headquarters Attn: Records Department One CVS Drive Woonsocket, RI 02895 Pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, you are hereby directed to produce the following to counsel forthe Caroll County Prosecutor, Nicholas C. MeLeland, at 101 ‘West Main Street, Suite 204, Delphi, Indiana 46923 within thirty (30) days of receipt: 1. Alldocuments requested in the accompanying Request for Production of Documents to a Non-Party. 2. Anexecuted Affidavit of Custodian or Records (enclosed) Submitted under my hand as counsel of record, pursuant to T.R. 2, on this 207 day of April, 2023. Respectfully submitted, hs Mf ‘Nicholas C. MeLeland, #2£300-08 Carroll County Prosecutor ‘The Court finds that the requirements of Omar v. State of Indiana are met and the Request for Leave is Approved this day of April, 2023. Frances Gull, Special Judge Carroll Circuit CourtSTATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT ) 8S: COUNTY OF CARROLL ) STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-00001 vs. } RICHARD M. ALLEN } SUBPOENA DUCES TECUM TO: Westville Correctional Facility Indiana Department of Corrections Attn: Elise Gallagher 5501 S. 1100 W. ‘Westville, IN 46391 Pursuant to Rule 2 of the Indiana Rules of Criminal Procedure, you are hereby directed to produce the following to counsel for the Carroll County Prosecutor, Nicholas C. McLeland, at 101 ‘West Main Street, Suite 204, Delphi, Indiana 46923 within thirty (30) days of receipt: 1. All documents requested in the accompanying Request for Production of Documents to a Non-Party. 2 An executed Affidavit of Custodian or Records (enclosed). Submitted under my hand as counsel of record, pursuant to TR.2, on this A074 day of April, 2023. Respectfully submitted, fhe Maa Nicholas C. MeLeland, #28300-08 Carroll County Prosecutor ‘The Court finds that the requirements of Omar v. State of Indiana are met and the Request for Leave is Approved this __ day of April, 2023. Frances Gull, Special Judge Carroll Circuit CourtSTATE OF INDIANA ) IN THE CARROLL COUNTY CIRCUIT COURT COUNTY OF MARION ) “ CAUSE NO, 08CO1-2210-MR-000001 STATE OF INDIANA. Plaintiff, v. RICHARD M. ALLEN Defendant, ORDER GRANTING MEDIA INTERVENORS’ MOTION FOR LEAVE TO INTERVENE. The matter before the Court is the Motion for Leave to Intervene filed by Media Intervenors.' The Court, having considered the Motion and being duly advised, finds that the Motion should be and is GRANTED. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT: a The Media Intervenors are granted leave to intervene in the above-captioned cause for the limited purpose of challenging the State’s Verified Request to Prohibit Public Access filed on October 28, 2022 and the provisional exclusion of the Probable Cause Affidavit and Charging Information; and (ii) The Court will accept and consider the Media Intervenors’ Prehearing Bi filed on November 21, 2022 and tendered Post-Hearing Brief (attached to the Motion) in ruling on the State’s Verified Request to Prohibit Public Access filed on October 28, 2022. Dated: __ Frances C. Gull, Special Judge Carroll Circuit Court Distribution: All counsel of record. The “Media Intervenors” refer to the following entities collectively: Indiana Broadcasters Association, Inc.; Hoosier State Press Association, Inc; The Associated Press; Circle City Broadcasting |, LLC dba WISH-TV; E.W. Scripps Company d/b/a WRTV; Nexstar Media Inc. d/b/a WXIN/WTTV; Neuhoff Media Lafayette, LLC; Woof Boom Radio LLC. TEGNA Ine. dlb/a WTHR; Gannett Satellite Information Network, LLC d/bia The Indianapolis Star; and ‘American Broadcasting Companies, Inc. d/b/a ABC News.STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT dss? COUNTY OF CARROLL) CAUSE NO.08C01-2210-MR-000001 ) STATE OF INDIANA) ) v. ) ) RICHARD M ALLEN ) ORDER Comes now the Court, having reviewed Defendant's Verified Motion for Change of Venue from the County filed in the matter, and hereby orders that a hearing shall be scheduled for —_-———————____ Date: __ Honorable Special Judge, Carroll Circuit Court Distribution: Carroll County Prosecutor's Office BALDWIN PERRY & KAMISH, P.C.CARROLL CIRCUIT COURT Date: October 27. 2022 STATE OF INDIANA CAUSE NUMBER 08C01-2210-MR- | vs RICHARD M. ALLEN 1967 Whiteman Drive. Delphi, IN 46923 DOB: 9/9/1972 2 XXX-XX-3934 ‘The Court will please enter the following minutes: State of Indiana by Nicholas C. McLeland. Prosecuting Attorney. files probable cause affidavit executed by Tony Liggett and information for: Count 1: Murder, a Felony: and Count 2: Murder, a Felony. xist. ‘The Court sets bond whe savely ‘The Defendant being in custody, the court determines that probable cause doy in this matter at ‘ yee : tuerhy m thon ($20 000 008 00 “cash oF corp Initial hearing is set at [0:30ayon: _ Ocala A, a2 . _ Entry Approved: = tofag| a2 ny ADPrOVeA: nin A-Den TBC Carroll Cireuit Court JsiNicholas C, McLeland Nicholas C. McLeland Prosecuting Attome) Attorney # 28300-0! OCT 2 8 2020 CARROLL CRCurr COURTSTATE OF INDIANA CARROLL CIRCUIT COURT STATE OF INDIANA v. CAUSE NO, 08C01-2210-MR-1 RICHARD M, ALLEN DOB: 09/09/1972 SSN: XXX-XX-3934 PRE-OMNIBUS ORDER This cause is set for trial by jury on March 20, 2023, at 9:00 a.m. as a first setting. ‘The omnibus date is January 13, 2023. Pre-trial conference is set for January 13, 2023, at 9:00 a.m, at which time the defendant and counsel for the parties are ORDERED and DIRECTED to appear. 1. DISCOVERY. Discovery shall be completed as provided by Local Criminal Rule LRO8-CROO-18 on or before the fifteenth day prior to the trial date. 2, PRE-OMNIBUS MEETING OF ATTORNEYS, ‘Trial counsel for the defense and State shall meet prior to the omnibus hearing; in the absence of agreement as to the time and place of meeting, they shall meet at a place designated by the State and shall undertake and consider the following ‘A. They shall complete the Omnibus Report which shall then be filed with the Court prior to the omnibus hearing. B. They shall exchange lists of the names and addresses of witnesses and exhibits. They shall discuss simplifications of the issues, motions then pending or which may be filed before the commencement of trial, stipulations, theories, of prosecution and defense, and plea negotiations, ifany. 3, OMNIBUS HEARING, All cases scheduled for trial on the date set in this order will be scheduled for Omnibus Hearing at the same time. The Court will first determine if the parties contemplate the entry of a plea of guilty by the defendant, either with or without a plea agreement. If there is to be a plea of guilty, the plea will be entered following any other scheduled Omnibus Hearings. The court will not accept a plea agreement after the Omnibus Hearing without a showing of good cause why the plea agreement could not have been reached at or prior to the Omnibus Hearing, if no plea of guilty is entered, the Court will determine whether any cases with an earlier filing date or cases which the Court has assigned a higher priority remain scheduled for the same trial date. If there are none, then the trial date will stand, otherwiga-erngw- trial date will be set. ENTERE D OCT 28 20224, WITNESSES AND EXHIBIT. Lists of witnesses and exhibits in writing shall be prepared, exchanged, and filed with the Court at the omnibus hearing. 5. JURY INSTRUCTIONS. Preliminary and final instructions shall be tendered to the Court and exchanged by the parties no later than three court days prior to the trial. The Court will permit the tender of additional instructions during the trial on matters which could not reasonably have been anticipated in advance of trial. Counsel shall not refer to or read any proposed instructions to the jury in voir dire examination, opening statement, or otherwise, unless such instruction has been previously submitted to and approved by the Court. ENTERED this 28” day of October 2022. Benjamin A. Diener, Judge Carroll Circuit Court pe: State: Attorney Nicholas C. McLeland Richard M. Allen c/o Sheriff of Carroll County, IndianaSTATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT JSS: COUNTY OF CARROLL. ) ‘TO THE 2022 TERM ENTERED November 2, 2022 CARROLL CIRCUIT COURT KA STATE OF INDIANA ) v. } CASENUMBER: — 08C01-2210-MR-1 RICHARD M. ALLEN } ORDER ACKNOWLEDING PUBLIC HEARING A public hearing will be conducted pursuant to Ind. Code § 5-14-3-5.5 and Indiana Rules of Court, Rules on Access to Court Records, Rule 6, November 22, 2022 at 9:00 a.m. in the Carroll Circuit Court. Parties or members of the general public will be permitted to testity and submit written brie! subject to reasonable time constraints imposed by the Court A decision to seal all of part of a publie record must be based on findings of fact and conclusions of law. showing that the remedial benefits to be gained by effeetuating the public policy of the state declared in section | of this chapter are outweighed by proo’by a preponderance of the evidence by the person seeking the scaling of the record that: 1) A public interest will be secured by sealing the record: 2) Dissemination of the information contained in the record will create a serious and imminent danger to that public interest: 3) Any prejudicial effect created by dissemination of the information cannot be avoided by any reasonable method other than sealing the record: 4) There is a substantial probability that sealing the record will be effective in protecting the public interest against the perceived danger: and 5) Itis reasonably necessary for the record to remain sealed for a period of time. Sealed records shall be unscaled at the earliest possible time after the circumstances necessitating the sealing of the records no longer exist. $0 ORDERED this 2"! day of November, 2022. Benjamin A. Diener, Judge ~ Carroll Circuit Court PC: State: Atty. Nicholas C. McLeland Defendant: c/o Carroll County SheriffSTATE OF INDIANA ) wmwecarnou.crcurrcout= NTERED COUNTY OF CARROLL 8 ‘TO THE 2022 TERM NOV 08 2022 STATE OF INDIANA ) CARROLL CIRCUIT COURT v. } CASENUMBER: 08C01-2210-MR-1 RICHARD M. ALLEN } COURT ORDER On November 2, 2022, Tobe H. Leazenby, Sheriff of Carroll County, filed a Request by the Sheriff of Carroll County to Transfer inmate from Carroll County Jail to the Custody of the Indiana Department of Corrections for Safekeeping. The Court, being duly advised, FINDS that Defendant is an inmate awaiting trial and is in imminent danger of serious bodily injury or death, or represents a substantial threat to the safety of others. This FINDING is not predicated on any acts or alleged acts of the Defendant, since arrest, rather a toxic and harmful insistence on “public information” about Defendant and this case In general, this Court has thirty (30) days to rule on any Motion that is filed by a Party in any case. See Ind. Trial Rule 53.1(A). Yet, concurrent to the actual case naturally occurring, this judicial officer keeps getting direct requests from non-parties for “public information," claiming that this officer has seven (7) days or one (1) day, when hand delivered, to respond to the request or face litigation! While this officer is responsible for the entirety of the Circuit Court docket it attempts to ignore the maelstrom of “interest” from the public, it is known that YouTube already hosts content regarding family members of this judicial officer, including photos. The public’s blood lust for information, before it exists, is extremely dangerous. ALL PUBLIC SERVANTS administering this action do not feel safe and are not protected. ‘The Carroll County Sheriff has limited resources to conduct its base operations, let alone any duties mandated by our Supreme Court, All Defendants in all actions are presumed innocent. All public information will be available the second it exists. None of the family members of public servants are part of this action. All of the public servants are simply people doing their jobs. Most of the public servants are woefully underpaid. Most of the “public interest” consists of people attempting to raise their status or profit financially. When the public peddles misinformation with reckless abandon, we all are not safe. Page Lof2‘As faras the public's desire to learn about access to court records, that educational effort cannot be by this officer educating each individual, ad-hoc, whenever they choose to seek “public information.” These inquiries are inherently disruptive to the operations of the Court as they are wholly outside the operations of the Court, Asa branch of the Supreme Court, any requests for public information about this action should be directed to whomever is the public information coordinator for the Courts in general. If there is not such a position, our state may need one. Defendant indicated at the initial hearing an intention to hire private counsel. Defendant is reminded that he must retain counsel within 20 days of the initial hearing because there are deadlines for filing motions and raising defenses and, if those deadlines are missed, the legal issues and defenses that could have been raised will be waived or given up. if Defendant is unable to retain counsel of his choosing due to financial indigency, Defendant is reminded that he is entitled to court-appointed counsel and Defendant will be examined upon request. ‘The Court notes, for the public, that when Defendant appeared for the initial hearing, he was clad in protective gear. ‘That protection was not to protect Defendant from the Court, That protection was to protect Defendant from the public. Until a finding of guilt or a judgment of conviction occurs, in any case, judgment must be reserved and the presumption of innocence must be respected and preserved. Accordingly, pursuant to Ind, Code § 35-33-1 1-1, the Court ORDERS the Sheriff of Carroll County to transfer Defendant to a facility of the department of correction designated by the commissioner of the department as suitable for the confinement of Defendant and provided that space is available. So ORDERED this 3° day of November, Carroll Circuit Court pe: Prosecuting Attorney Defendant C/O Sheriff of Carroll County Sheriff of Carroll County Indiana Department of Correction Page 2 of 2STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT COUNTY OF CARROLL , ‘TO THE 2022 TERM STATE OF INDIANA ) v. } CASENUMBER: — 08C01-2210-MR-1 RICHARD M. ALLEN } i E. REM FOR SELECTION OF A SPECIAL JUDGE OUTSIDE OF CARROLL COUNTY ‘The Judge of Carroll Circuit Court has determined that the particular circumstances within the underlying case warrant recusal and dictate that a special judge be appointed in this case. The Court hereby recuses itself, Pursuant to L.R.08-CR13-19(C), this Court has determined that no judicial officer within the county may preside over this case. ‘This Court now Certifies this matter to the Indiana Supreme Court for appointment ofa special judge in compliance with 1.R.08-CR13-19(B),(C). SO ORDERED this 34 day of November 2022 Benjamin A. Diener, Judge~ Carroll Circuit Court PC; State: Atty. Nicholas C. MeLeland Defendant; C/O IDO Ind. Code § 35-33-11-1 ENTERED wo Vv 08 2022 Indiana Supreme Court Office of Judicial Administration CARROLL CIRCUIT COURT Via E-mail Page 1 of ISTATE OF INDIANA ) JN THE CARROLL CIRCUIT COURT )ss: COUNTY OF CARROLL) CAUSE NO. 08C01-2210-MR-1 STATE OF INDIANA, ) Plaintiff, ) ) vs. ) ORDER OR JUDGMENT OF THE COURT ) RICHARD M. ALLEN, ) Defendant. ) Court finds Defendant is unable to hire counsel and is entitled to Court-appointed counsel and investigation. Court appoints Attomey Bradley Rozzi and Attomey Andrew Baldwin as contract Public Defenders. Counsel instructed to enter their written appearance and be available for hearing November 22, 2022, at 9:00 a.m. Dated: November 14, 2022 SS ces C. Gull, Special Judge oll Cireuit Court 11 County, Indiana NOTICE TO BE GIVEN BY: __COURT_XX_CLERK _ OTHER. PROOF OF NOTICE UNDER TRIAL RULE 72(D) ‘Acony ofthis entry was served cider by mal to the adress of record, deposited lath ettmey'sdsibuton box, or personaly distributed to the folowing persons: se Defendant Bradley Rozal ‘ansrew Baldwin Proseeating Atomey Nicholas MeLeland Coun Fle parep: INITIAL OF PERSON WHO NOTIELED PARTIES: ‘court _cLerkSTATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT )ss: COUNTY OF CARROLL) CAUSE NO. 08C01-2210-MR-1 STATE OF INDIANA, ) Plaintiff, ) ) ) ORDER OR JUDGMENT OF THE COURT ) RICHARD M. ALLEN, ) Defendant. ) COURTHOUSE MANAGEMENT AND DECORUM ORDER FOR HEARING NOVEMBER 22, 2022 AT 9:00 A.M. ‘This case has generated substantial public interest and media attention, In light of this, and on the Court's own motion to ensure the integrity of the proceedings, to protect the Defendant's constitutional rights for due process, to ensure the safety of the parties and the public, and to permit public access to criminal proceedings, the Court sets forth the following rules and guidelines for the hearing set for Tuesday, November 22, 2022, in the Carroll Circuit Court. 1. The Courthouse will open at 8:00 am. All entrances will be closed, except for the handicapped entrance on the north side of the building. The remaining entrances will be locked with no access to the public. 2, All members of the public, including members of the media, are subject to screening by metal detectors. All bags in possession of those entering the building are subject to search. 3, NO weapons of any kind are permitted in the building, except for on-duty law enforcement officers providing security to the Courthouse and the parties. . Cellular telephones are permitted in the building, but must be powered OFF and unused at all times while in the building or the Courtrooms. Violations are subject to seizure anddestruction of the cellular telephone. 5. No electronic equipment or devices are permitted in the Carroll Circuit Court, 6, Media personnel are permitted to attend the Court session. NO cameras, electronics, lap tops or recording equipment of any kind is permitted on the Second Floor and the Third Floor of the Courthouse nor inside the Circuit Courtroom. All such equipment is limited to the First Floor of the Courthouse. ‘The Court requests the media be mindful that other County offices are conducting business in the building unrelated to this case. Media and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the offices, personnel, and patrons of those offices. 7. ‘The Media are free to use the public areas outside the Courthouse as long as they do not obstruct traffic in the streets and sidewalks surrounding the Courthouse. 8, Seating in the Carroll Circuit Court is limited. ‘The first row of public seats behind the bar separating the well of the courtroom from the public is unavailable for seating, The Sheriff of Carroll County or his designee will ensure that the victim representatives are seated. ‘The remaining seating is available until full. No one, other than Court Security, will be permitted to stand in the Courtroom, All spectators must remain seated until the conclusion of the hearing and the parties have left the Courtroom. 9, No food or beverages are permitted inside the Carroll Circuit Court, Water will be permitted for the partics in the well of the Courtroom. 10. All members of the public and the media are required to follow directives of the Sheriff of Carroll County, Courthouse Security and Courtroom Security. LINO court-produced recording will be made available to the public or media, The audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposesother than perpetuating the record. ‘The Court anticipates that all members of the public and the media will conduct themselves in an appropriate fashion, Any violation of this Order and any conduct the Court finds disruptive of the proceedings may result in an order of temporary or permanent exclusion from the Courtroom and/or Courthouse and is punishable es contempt of Court. Dated: November 18, 2022 ices C, Gull, Special Judge NOTICE TOBE GIVEN: COURT _XX_CLERK___OTHER PROOF OF NOTICE UNDER TRIAL RULE 72(D) ‘A copy ofthis entry was served either by mall to the address of record, deposited inthe attomey's distibution box, or personally dstibted to te following persons cet Bradley Roza! Attmey for Defendant Andrew Baldwin ~ Atomey for Defendant ‘Proseating Atorey Nicholas MeLeland Cour FileSTATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT )ss: COUNTY OF CARROLL) CAUSE NO. 08C01-2210-MR-1 STATE OF INDIANA, ) Plaintiff, ) ) vs. ) ORDER OR JUDGMENT OF THE COURT ) RICHARD M. ALLEN, ) Defendant. ) Defendant appears in person and with counsel Bradley Rozzi and Andrew Baldwin. State appears by Prosecuting Attomey Nicholas MeLeland. Hearing held on the State’s Verified Request t0 Prohibit Public Access to a Court Record, filed October 28, 2022. Matter taken under advisement. Defendant's Petition to Let to Bail, filed November 21, 2022, ordered set for hearing in the Carroll Circuit Court February 17, 2023, at 10:00 a.m. Court will enter a separate transport order for the defendant. Omnibus date rescheduled to February 17, 2023, at 10:00 a.m. by agreement of counsel, Dated: November 22, 2022 s C. Gull, Special Judge bil Circuit Court asfoll County, Indiana NOTICE TOBE GIVEN BY: __COURT_XX_CLERK__OTHER PROOF OF NOTICE UNDER TRIAL RULE 7200) ‘Acopy ofthis etry was served citer by malo the ares of record, depasited inthe atoy’sdssbution be, r peronally distributed 1 he fetlowing pertons: ce Bradley Rorl~ Atforey for Defendat ‘Andeew Baldwin ~ Atorney for Defendant Prosecuting Attrney Nicholas MeLelard Court File DATED: nt INITIAL GF FERSON WHO NOTIFIED PARTIES: ‘courT _cLERKSTATE OF INDIANA) IN THE CARROLL CIRCUIT COURT )Ss: COUNTY OF CARROLL) CAUSE NO, 08C01-2210-MR-1 STATE OF INDIANA, ) Plaintiff, ) ) vs. ) ORDER OR JUDGMENT OF THE COURT ) RICHARD M. ALLEN, ) Defendant. ) Court notes filing of a Limited Appearance by Attorneys and a pleading entitled “Media Intervenors’ Pre-Hearing Brief Secking Public Access to Probable Cause Affidavit and Charging Information” on November 21,2022, Court takes this matter under advisement following the hearing conducted on November 22, 2022 on the State’s Verified Request to Prohibit Public Access to a Court Record, filed October 28, 2022. ‘Dated: November 22, 2022 x(oll County, Indiana NOTICE TO BE GIVEN BY: __COURT_XX_CLERK__ OTHER PROOF OF NOTICE UNDER TRIAL RULE 72(D) ‘A copy ofthis etry was served ether by malt te eres of rear, depsted inthe story's distribution box, or pertanallydiibuted tote feloming sors: ce Briley Roz ~ Attomey’ ant ‘Andiew Baldwin ~ Atoruey for Defendant ‘roseating Atorney Nicholas MeLeland Coun Fle DATED: INIIAL GFPERSONWHONOTEIED PARTIES COURT ___CLERK