In a recorded jailhouse call, Richard Allen asked his own father how much longer he could stay lucid. That call was excluded from trial. The jury that convicted him on a 130-year sentence never heard it. But three judges at the Indiana Court of Appeals are now reading the full record — including the calls the jury didn't get and the confessions that don't match the forensic evidence.

Allen told a prison psychiatrist he shot Abby Williams and Libby German. The medical examiner determined they were killed with a blade. The State played one jailhouse call for the jury and excluded two others. The voluntariness of Allen's statements is now a question three judges have to answer, and the excluded calls speak directly to his mental state when those statements were made.

Defense attorney Bob Motta joins Tony Brueski to walk through what the selective admission of Allen's calls means at the appellate level. He also addresses the alternative suspect whose interview was allegedly recorded over by investigators — weapon never collected, phone never searched — and the van timeline the defense says FBI cell data and surveillance footage contradict.

Indiana's response brief met most of these challenges with procedural objections rather than factual engagement. Filed wrong. Argued too late. Harmless error. The defense has formally requested oral arguments. Indiana has not. Meanwhile, the search warrant that produced the .40-caliber pistol faces de novo review — no deference owed to the trial judge. If it fails, the weapon is gone from any future proceeding.

Allen sits in an Oklahoma prison more than a thousand miles from Indiana. Three judges are reading. A decision is coming.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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