The search warrant that initiated the prosecution of Richard Allen in the Delphi murders rested on a probable cause affidavit authored by Detective Tony Liggett. According to the appellant's brief, that affidavit allegedly contained material misrepresentations of witness testimony and strategic omissions of details that would have undermined the connection between Allen and Bridge Guy.

The defense identifies specific alleged discrepancies. Witness Betsy Blair described the man on the bridge as young, in his twenties, with poofy brown hair — a description that does not match Allen, who was 44 with a crew cut. The defense alleges Liggett included Blair's jacket description while omitting her physical description of the person. Blair's sketch of the vehicle at the scene allegedly did not match Allen's Ford Focus — omitted from the affidavit. Sarah Carbaugh reportedly described a tan jacket; the affidavit allegedly characterized it as blue and added "bloody." Blair reportedly told investigators these were two different men. Allen reportedly told investigators he didn't know what he was wearing; the affidavit allegedly stated he admitted to a blue Carhartt jacket and head covering. The defense requested a Franks hearing to challenge the warrant's validity. The trial court denied the motion.

The defense's position is that without this warrant, no subsequent evidence exists — no search, no firearm recovery, no bullet comparison, no arrest, no custodial confessions.

The appellate filings also present the investigation's treatment of alternate suspects excluded from the jury's consideration. One suspect allegedly created artwork in 2018 depicting the exact positioning of a victim. He admitted to pagan rituals four days post-murder. He possessed a .40 caliber firearm matching the caliber found at the scene. His recorded interview was allegedly erased. The firearm was never collected. His employer's offer of alibi surveillance footage was allegedly declined. An ISP Trooper's request for further investigation was reportedly denied by superiors. Neither this suspect nor his associate has been charged. The appellate court will determine whether these exclusions and omissions constitute reversible error.

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