Richard Allen's Own Prison Doctor Walked Into His Cell and Saw This

Richard Allen's Own Prison Doctor Walked Into His Cell and Saw This

On April 14, 2023, a psychiatrist who hadn't seen Richard Allen in months walked into his Westville cell. What he saw there became the opening of Allen's appeal at the Indiana Court of Appeals on September 21, 2026, and it's where Bob Motta and I start.

Allen is serving 130 years for the 2017 Delphi murders of Abby Williams and Libby German. The state counted 61 incriminating statements from him in the spring of 2023, made to family, guards, a warden, other inmates, and the psychologist treating him. All of them came from a cell he'd been in since November 2022.

Mark Leeman, arguing for Allen, described a man on the floor, unable to communicate, covered in his own waste, declared gravely disabled by the prison's own doctor and medicated against his will. He told the judges the state's own records fix the start of that collapse at April 4, and that the state spent the following weeks fighting to keep him where he was. His word for it was coercion, and the judges pressed him on it, because no officer ever questioned Allen.

The state's lawyer answered that restrictive housing is ordinary custody and that Allen was there for his own protection. The tablet, the therapy sessions, the chaplain visits, and the commissary access, she argued, show a man treated as well as anyone at Westville. She conceded he was psychotic by mid-April and argued the confessions that matter came before and after it.

Bob explains why the burden of proof on a confession sits with the state in Indiana, and what Leeman meant when he said Judge Gull got it backwards. He also gets into how three judges decide whether a man's mind was taken from him or came apart on its own.

No ruling yet; the loser can seek review at the Indiana Supreme Court.

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