The investigative record in the Delphi case contains gaps that Richard Allen’s defense team argues are not accidental. According to the reply brief filed with the Indiana Court of Appeals, investigators allegedly recorded over an interview with an alternative suspect. That individual’s weapon was never collected. His phone was never searched. And the trial court ruled that presenting him as an alternative suspect was “speculative” — a characterization Allen’s attorneys challenge by asking how something can be speculative when it was never actually investigated.

The brief identifies three categories of constitutional error. First, the search warrant: Allen’s attorneys allege law enforcement omitted and altered witness descriptions in the probable cause affidavit to make Allen match the “Bridge Guy” profile captured on Libby German’s phone. Second, the confessions: Allen made statements during what his attorneys describe as solitary confinement that produced psychosis and grave disability. The jury was shown video of Allen in confinement but the audio was muted — they could not hear what the defense describes as confused, disjointed screaming while a prosecution psychologist testified the confessions were logical and organized. Third, the excluded evidence: Kegan Kline’s catfish account, reportedly the last to contact Libby before she was killed, was ruled a separate investigation.

The defense has requested oral arguments before the three-judge appellate panel. The State’s position characterizes each alleged error as “harmless.” Allen’s attorneys counter that the cumulative effect denied him his Sixth Amendment right to present a complete defense.

Robin Dreeke and I address your questions on the investigative gaps, the evidentiary exclusions, and what oral arguments could mean for this conviction.

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