Attorney for Delphi murder suspect says he will stay on the case
DELPHI, Ind. — Accused Delphi killer Richard Allen’s attorney, Brad Rozzi, refused Thursday to resign from the case, as he indicated he would do after last week’s hearing. In turn, Rozzi plans to remain on the case and called for Special Judge France Gull to disqualify herself for violating the judicial code of conduct.
Rozzi was supposed to resign from Allen’s case, as per an in-chambers conference with Gull on Oct. 19. Allen’s other defense attorney, Andrew Baldwin, resigned after a leak of evidence was discovered in his office.
While Rozzi presented his written intentions in a filing published Thursday to continue to represent Allen, Gull published her order Thursday, ousting him from the case.
“Prior to the scheduled hearing this date, Attorneys Rozzi and Baldwin advise the Court they will be withdrawing their representation of the defendant,” Gull wrote in an order published Thursday that summarized the Oct. 19 hearing. “Court accepts their representations and orders them withdrawn from the cause. Counsel ordered to comply with the previously entered Protective Order on Discovery and are ordered to turn the discovery over in full to the State of Indiana to be made available to successor counsel.”
Gull’s order is the formal docket entry from the Oct. 19 hearing in Fort Wayne, and does not appear to be responsive to Rozzi’s filings published Thursday.
Rozzi characterized the Oct. 19 in-chamber hearing in both his motion for Gull’s removal and his filing that he intends to stay on the case.
The in-chamber hearing was Gull forcing Rozzi and Baldwin to resign or she would publicly shame them before ordering their removal from the case, according to Rozzi’s filing.
Judge gave attorneys two options: Withdraw, or be disqualified
“… (T)he court communicated to Attorneys Rozzi and Baldwin that there were two distinct options,” Rozzi wrote in his intent to continue representing Allen, who is accused of killing Libby German and Abby Williams on Feb. 13, 2017.
“(E)ither voluntarily withdraw their appearances and exit the courthouse in advance of the hearing,” Rozzi wrote about the Oct. 19 in-chamber hearing in Fort Wayne, “or … participate in the 2:00 p.m. hearing in the courtroom where a media camera was installed, the national media was present, and the law enforcement community was seated in the jury box directly behind defense counsel, at which time the Court would read the the prepared statement into the record and then disqualify both attorney Rozzi and attorney Baldwin in the presences of Defendant Allen, his family and the general public.”
“… attorney Rozzi’s oral acquiescence to withdraw his appearance as Defendant Allen’s attorney was forced, coerced and driven only by the circumstances created by the Tribunal which delivered two terrible options: quit or be shamed in public before being ‘disqualified’ from representing Mr. Allen,” Rozzi wrote in his notice to the court to continue representing Allen, calling the court’s threat to frame their advocacy as “gross negligence.”
“… As of October 24th, Defendant Allen objects to the Court’s attempts to strip him of his current counsel,” Rozzi’s notice to continue as Allen’s attorney states.
A new defense team at this point in Allen’s case likely will further delay Allen’s trial and compromise his defense, Rozzi wrote, adding that nothing in the rules of professional conduct warranted Rozzi’s withdrawal from Allen’s case.
“attorney Rozzi notices up this Court of his intention to move forward with the representation of Defendant Allen until a final disposition of this matter,” Rozzi writes.
A call for Judge Gull to recuse herself
In a second filing that was published Thursday, Rozzi calls for Gull to recuse herself, questioning her impartiality.
Rozzi claimed that Gull repeatedly sealed defense motions, including the Franks motion and supporting 136-page memorandum, as well as three affidavits from prison officials and an affidavit from an accused leaker. However, she has not sealed the prosecution’s filings.
Rozzi cites Indiana’s Access to Court Records Rule, noting that records are supposed to be open to public inspection, except for specific examples, none of which applied to Allen’s case, according to the motion.
“By secreting pleadings from the docket without following the Access to Court Record Rules, Judge Gull has, or has allowed, violation of public access,” Rozzi writes in his motion for Gull to recuse herself. “Because those acts have only shielded documents from the defendant, these actions clearly demonstrate a lack of impartiality and fairness in violation of Judicial Rule 1.1. …”
Rozzi’s motion calling for Gull’s recusal also cited the Oct. 19 in-chambers discussion that forced him and Baldwin from the case.
In the motion for Gull’s removal, Rozzi lists several complaints Gull has made against the defense, and Rozzi offers the explanations for the defense’s decisions.
“The Court alleged that Mr. Baldwin put improper statements in his Frank’s memorandum. Not false or misleading statements, just improper in her opinion,” Rozzi wrote.
A Frank’s hearing is a part of a motion to suppress in which the defense alleges law enforcement misled the court in order to get a search warrant. Therefore, the evidence from that warrant should be suppressed, according to motions filed by Allen’s attorneys.
In response to this allegation of improper statements, Rozzi defends their actions, writing, “The court had disdain for the defense for not filing it under seal even though there was no order to do so. That memorandum was demanded by the prosecution before there could be a Frank’s hearing.
“It is an impressive piece of legal writing and has been lauded by expert defense counsel across the nation. It again was required by applicable guidelines,” he wrote.
All totaled, Rozzi alleges in his motion for recusal that Gull violated six rules of judicial conduct.
Rozzi also filed a motion asking for transcripts of the in-chambers hearing Gull held on Oct. 19 in Allen County.
Lastly, Rozzi filed a motion to continue the Oct. 31 hearing. He cites several pending motions before the court, including the motion for Gull’s recusal published Thursday, and notes that it will take more than a day’s worth of hearing to vet all of the motions before the court.
Gull’s order published Thursday, which appears to summarize the Oct. 19 hearing, indicates that the Oct. 31 hearing will continue.
“Court will maintain the hearing currently scheduled for October 31, 2023, at 9:00 a.m. in the Carroll Circuit Court for successor counsel to appear,” she wrote. “Clerk of the Carroll Circuit Court ordered to remove Attorneys Baldwin and Rozzi as attorneys of record in this cause.”
No new attorneys have filed yet to represent Allen as of late Thursday afternoon.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
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