Indiana's Own Rule Said 30 Days. Allen Did 13 Months In Delphi.

After five and a half months in solitary confinement at Westville, Richard Allen had reached a state his own defense team described as gravely disabled. He was no longer sure whether he was guilty or innocent. He was no longer sure whether he was dead or alive. According to the appellate brief, he stayed in solitary for another seven and a half months after that. He lost 45 pounds. He confessed.

The Indiana Department of Correction's own written policy says inmates with serious mental illness cannot be held in solitary for more than 30 days. Richard Allen was held there for 13 months. The State is now asking three judges to find that none of this constituted coercion.

Defense attorney Bob Motta sits down with Tony Brueski for Part Two of a three-part panel on the Delphi appeal. They walk through the documented timeline of Allen's decline at Westville. They examine the State's religious-conversion narrative against the contemporaneous medical and behavioral record. They get into the jailhouse calls — one the jury heard, two it was never allowed to hear, including the call where Allen asks his own father how much longer he is going to be lucid.

And they sit with the institutional question hanging over all of it. Indiana knew solitary could push Allen into psychosis. The State's own policy contemplated that risk. The State broke that policy by more than a year. And the State is now arguing that a confession extracted from the resulting wreckage is voluntary.

Three judges are reading the full record. The State broke its own rulebook to get those confessions. Whether the Court of Appeals lets that stand is the entire question of Part Two.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.


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