Public defender council supports Delphi suspect’s original attorneys
INDIANAPOLIS — The Indiana Public Defender Council weighed in with the Indiana Supreme Court on Special Judge Frances Gull’s dismissal of public defenders for Richard Allen, the suspect in the 2017 Delphi killings of Libby German and Abby Williams.
The Indiana Public Defender Council’s brief filed Thursday with the Indiana Supreme Court indicates its advise is for Allen’s original public defenders — Andrew Baldwin and Brad Rozzi — to be reinstated, reversing Gull’s Oct. 31 order removing them as Allen’s attorneys.
The public defender council’s brief conclusion states, “The issues presented in this case justify the intervention of this Court at this stage to preserve the independence of defense counsel and the integrity of the public defense structures established by the General Assembly. The Court can uphold these essential values by reinstating Mr. Allen’s initial and desired counsel. …”
Gull removed Baldwin and Rozzi during an Oct. 31 hearing. Their removal from the case came after Allen provided documents to the court that he wanted them to represent him. Additionally, Baldwin and Rozzi withdrew from Allen’s case as public defenders, then entered an appearance as Allen’s private counsel, indicating they were working for free.
Gull still removed them.
The Oct. 31 removal came after an Oct. 19 hearing in which Baldwin and Rozzi said they felt coerced by Gull to withdraw as Allen’s counsel during a meeting in Gull’s chambers. She gave them a choice: Withdraw or Gull would read into the public record her allegations accusing Baldwin and Rozzi’s of gross negligence, according to documents filed in Allen’s case.
In the Oct. 31 hearing, Gull cited allegations of “gross negligence” in their defense of Allen, who is charged with two counts of murder and accused of forcing the Delphi teenagers off the trails east of town and killing them on the banks of the Deer Creek.
The Indiana Public Defender Council argued that the removal of Baldwin and Rozzi damages the faith Allen — as well as other defendants in the state who are forced to use public defenders — have in their legal council.
A judge’s removal of public defenders also has a chilling effect on the quality of legal defense an accused might receive.
“The removal of appointed counsel for broad or vague reasons undermines the independence of the defense function and extinguishes a longstanding rapport with a client who must now languish in prison for an additional nine months,” the public defender council’s brief states.
It argues that public defenders who rely on a judge to employment “might be reluctant to represent his or her client as vigorously as necessary for fear of alienating the judge.”
“The American Bar Association, among other groups, has long emphasized the critical importance of public defender independence,” the brief stated.
The Indiana Public Defender Council requested Wednesday to file briefs as an impartial adviser in the motions before the Indiana Supreme Court for writs to block Gull from dismissing Allen’s original public defenders, Baldwin and Rozzi.
The Indiana Supreme Court approved the public defender council’s request on Thursday and the council’s brief was filed Thursday.
There have been two motions for writs to review Gull’s decisions filed with the Indiana Supreme Court since the beginning of the month. The first writ is broader than the second, asking the court to review Gull’s sealing of public records, here decision to remove Baldwin and Rozzi and other issues in Allen’s case.
The second motion for the Indiana Supreme Court asks for the court to review Gull’s decision to remove Baldwin and Rozzi and asks for Gull’s recusal from the case.
Gull has until Nov. 16 to file her briefs on the first motion and a Nov. 27 deadline in the second motion.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
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