States Response To Defenses Verified Motion For Immediate Transfer of Custody PDF

Filed: 10/10/2023 10:50 AM
Carroll Circuit Court

Carroll County, Indiana
STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT

) ss:
COUNTY 0F CARROLL )
STATE 0F INDIANA ) CAUSE NUMBER: 08C01221 0-MR-00001

)
vs. )
)
RICHARD M. ALLEN )
STATE'S RESPONSE TO DEFENSE'S VERIFIED MOTION FOR IMMEDIATE

TRANSFER OF CUSTODY
Now comes the State of Indiana, by Prosecuting Attorney, Nicholas C. McLeland, and
respectfully files its response to the Defendant's Verified Motion for Immediate Transfer of
Custody and would ask the Court to consider the following:
l. That charges were filed against the Defendant, Richard Allen, on October 28th,
2022, for 2 counts of Murder, in Violation of LC. 35-42-1-1(2).

2. That the Carroll County Sheriff s Department requested that the Defendant be
transferred to the Indiana Department of Correction for safekeeping and said
request was granted.

3. That the Defendant was transferred to Westville Correctional Facility and has
been housed there since November 3rd, 2022.
4. That within the facility he is housed in a segregation unit for his safety and
protection.
5. That the Defense previously filed an Emergency Motion to Modify the
Safekeeping Order on April 5th, 2023, which was denied.

6. That the Defense then filed a Motion to Reconsider and Request for Due Process
Hearing on May 3rd, 2023.

7. That a hearing was held, afier which, the Court denied the Defense's Motion to
Modify the Safekeeping Order stating that the allegations advanced by the
Defense were not supported by the evidence presented. The Court added that the
Defendant was being treated MORE favorably than other inmates housed at
Westville Correctional Facility.
The Court further commented that it was reasonable and necessary to house the
Defendant at Westville Correctional Facility to ensure the Defendant's safety to
prevent serious bodily injury to himself.

9 That the Defense has now filed a Verified Motion for Immediate Transfer of
Custody, alleging additional mistreatment of the Defendant at Westville

Correctional Facility.
10. That in the Defense's latest motion, the Defense now accuses Westville
Correctional Facility Correctional Officers Sergeant Joshua Robinson and
Sergeant Randy Jones of "unjust and inhuman" treatment of the Defendant.

11. That, once again, the allegations in the Defendant's motion, while colorful and
dramatic, are not correct.
12. That both Sergeant Joshua Robinson and Sergeant Randy Jones have worn
patches that refer to Odinism.

13. That those patches reflect Sergeant Robinson's and Sergeant J ones's religious
beliefs and are not associated with any kind of cult.
14. That Sergeant Jones did not remove the patches from his vest until ordered to do
so by command.
15. That Sergeant Jones is assigned to the B Pod of the unit, while the Defendant is
housed in A- Pod.
16. That Sergeant Jones assists with moving the Defendant from one spot to another
within the facility and also has been tasked with the 15-minute check in with the
Defendant facilitated by his mental health safety plan.
17. That Sergeant Jones does not choose which detail he works and works the details
that he is assigned to by his command.
18. That Sergeant Jones did remain at his post while the Defendant visited with his
wife, because that is what he was assigned to do.

19. That the Defense seems to imply that Sergeant Jones should have left his post in
violation of his direct orders and therefore risk his employment just so the
Defendant and his wife could have more privacy.
20. The fact that the Defense expects the Defendant and his Wife to have intimate
privacy in a prison is astonishing.

21. That Sergeant Jones has never threatened, harassed or spoken one on one with the
Defendant.
22. That Sergeant Jones was never ordered by his command to threaten or harass the
Defendant.
23. That the Defendant was tased twice between May 9th, 2023 and May 25th, 2023
because he would not follow the commands of the correctional officers.

24. That correctional officers are required to follow protocol when dealing with an
inmate who is in Violation of the rules.
25. That Sergeant Jones did not tase the Defendant out of anger, spite or in an effort
to hurt the Defendant or treat him inhumanely.
26. That Sergeant Robinson is assigned to A Pod where the Defendant is housed.
27. That Sergeant Robinson has never harassed, threatened or spoke one on one with
the Defendant.
28. That Sergeant Robinson was never ordered by his command to threaten or harass
the Defendant.
29. That Sergeant Robinson also continued to wear his patches until ordered to
remove them by command.
30. That Inmate Robert Baston has written a few letters to the Court claiming that
correctional officers within Westville Correctional Facility are corrupt.
31. That Inmate Robert Baston is a convicted Child Molester under Cause Number
69C01-0909-FA03, serving a 40-year sentence.

32. That throughout his case, Robert Baston has asked for modification after
modification throughout his case, citing wrongful conviction, the COVID
pandemic and even because the DOC is providing the wrong kind of soap.
33. That Robert Baston throughout his sentence has tried every means imaginable to
reduce or modify his sentence for his heinous crime.
34. That at the hearing on June 15th, 2023, the Defense subpoenaed Inmate Robert
Batson to court so that he could give a sworn statement to the Court and Inmate
Robert Batson refused to leave his cell.
35. That the allegations by Inmate Robert Baston are hardly credible.
36. That the Defense's allegations that the correctional officers are attempting to
conceal unacceptable practices is false.
37. That Sheriff Tony Liggett has no vested interest in keeping the Defendant at
Westville Correctional Facility other than the safety and well being of the
Defendant.
38. That the Defense insinuates that Sergeant Robinson and Sergeant Jones were
assigned to assist with the moving of the Defendant because they believe in
Odinism and that Westville command intentionally did this in some effort to
mistreat the Defendant.
39. That Warden John Galipeau has signed an affidavit, attached to this response that
ensures that no one in command had an agenda related to Odinism or ever ordered
anyone under their command to harass or threaten the Defendant.

40. That Sergeant Jones and Sergeant Robinson have both signed affidavit's attached
to this response that outline their duties in the facility and affirm that they have
never threatened, harassed or made any references to Odinism to the Defendant.
41. That both Sergeant Joshua Robinson and Sergeant Randy Jones were interviewed
at Westville Correctional Facility by investigators on September 18th, 2023 and
both were found to be cleared of any wrongdoing.
42. That neither Sergeant Robinson nor Sergeant Jones are part of a radical hate
group.
43. That Defense continues to make unfounded accusations supported by absolutely
no proof.
44. That the Defendant is isolated for his protection and would be isolated if he were
moved to another facility.
45. That if the Defendant is moved to the Cass County Jail, he will be placed in
essentially the same kind of holding cell that he is in now, with the exception that
it would be more convenient for the Defense.
46. That the Carroll County Sheriff's Department does not have the manpower to
transport the Defendant.

47. That the Carroll County Jail does not have mental health counselors or
counseling, whereas the Department of Corrections has those resources available
for the well being of the Defendant.
48. 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 facility.
49. That the colorful, dramatic language used by the Defense was an attempt to curry
public favor for their client andtry this matter in the public eye instead of in the
courtroom, as they have done in several motions to date.
50. That, again, 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, including accusing 2 correctional officers of
wrongdoing with absolutely no proof of such.
51. That the State has no objection to the Defendant being moved to a facility within
the Department of Corrections to better accommodate his needs, but the Court has
already addressed that issue in previous Orders.

52. That the Defendant's current placement at Westville Correctional Facility is not a
violation of his civil liberties.
53. That the conditions that the Defendant is housed in have not changed since the
last time this issue was litigated in front of this Court on June 15th, 2023.
54. 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.
55. 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.
56. That the Defense is consuming the limited resources of the is office and this Court
with repetitive motions that lack any factual basis.
Wherefore, now comes the State of Indiana, by Prosecuting Attorney, Nicholas C.

McLeland, and files their response to the Defendant's Verified Motion for Immediate Transfer of
Custody and would ask the court to consider the same when making it's decision and for all
other just and proper relief in the premises.
MMW/
Nicholas c. McLeland
"'
Attorney #28300-08
Prosecuting Attorney
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing instrument was served upon the Defendant's attorney of
record, through personally delivery, ordinary mail with proper postage affixed or by service through the efiling system
and filed with Carroll Circuit Court, this _4"'_ day of October, 2023.
tiff
Nicholas C. McLeland
Attorney #28300-08
Prosecuting Attorney

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Filed: 10/10/2023 10:50 AM

Carroll Circuit Court

STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT

STATE 0F INDIANA ) CAUSE NUMBER: 08C01221 0-MR-00001

STATE'S RESPONSE TO DEFENSE'S VERIFIED MOTION FOR IMMEDIATE

2022, for 2 counts of Murder, in Violation of LC. 35-42-1-1(2).

request was granted.

Safekeeping Order on April 5th, 2023, which was denied.

Hearing on May 3rd, 2023.

prevent serious bodily injury to himself.

Custody, alleging additional mistreatment of the Defendant at Westville

Sergeant Randy Jones of "unjust and inhuman" treatment of the Defendant.

patches that refer to Odinism.

wife, because that is what he was assigned to do.

privacy in a prison is astonishing.

because he would not follow the commands of the correctional ofﬁcers.

69C01-0909-FA03, serving a 40-year sentence.

anyone under their command to harass or threaten the Defendant.

never threatened, harassed or made any references to Odinism to the Defendant.

both were found to be cleared of any wrongdoing.

transport the Defendant.

already addressed that issue in previous Orders.

Wherefore, now comes the State of Indiana, by Prosecuting Attorney, Nicholas C.

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STATE 0F INDIANA ) CAUSE NUMBER: 08C01221 0-MR-00001

69C01-0909-FA03, serving a 40-year sentence.