Delphi murders: Judge to decide whether documents should be unsealed

A judge presiding over the Delphi, Indiana, double murder case is reviewing arguments to decide whether the probable cause affidavit and other documents related to suspect Richard Allen's arrest should be released to the public.

Allen was arrested last month and charged with two counts of murder for the 2017 deaths of best friends Abby Williams, 13, and Libby German, 14. The eighth graders were on a hiking trail in rural Delphi when they were killed.

Allen, who has entered a not guilty plea, appeared in court Tuesday in a yellow jumpsuit and a bulletproof vest.

Carroll County prosecutor Nicholas McLeland argued that in order to protect the integrity of the ongoing investigation and protect witnesses, he is requesting Judge Fran Gull keep the probable cause affidavit sealed.

McLeland said he wants to protect witnesses on both sides and mentioned that Allen's wife was forced to move and abandon their Delphi home after his arrest.

McLeland presented multiple exhibits to the court, including a letter from Libby's guardian and grandmother Becky Patty, as well as an online petition that garnered 40,000 signatures asking to keep the evidence confidential.

He said police are still soliciting and receiving tips and have not ruled out the possibility that other people may have been involved in the crime.

But Allen's lawyer, Bradley Rozzi, argued that the Delphi case has been so highly publicized, and he thinks part of the reason why is the secrecy surrounding the details of the investigation, so he believes it would be beneficial to release the documents connected to Allen's arrest.

At an Oct. 31 news conference announcing the arrest, McLeland would not say when Allen, 50, became a suspect or if he knew Abby or Libby.

"Per the court order, we cannot talk about the evidence that's in the probable cause [affidavit]," McLeland said at the time.

Police have also still not released how Abby and Libby were killed.

"There's a lot of questions we have that are unanswered ... but all in due time that will come," Libby's grandfather, Mike Patty, told ABC News on Oct. 31, after the arrest.

There's no indication of when the judge will make her decision.

Allen is set to return to court on Feb. 17 for a bond hearing and pretrial hearing.

Police still ask anyone with information about the case to submit a tip at abbyandlibbytip@cacoshrf.com or 765-822-3535.