Delphi murder suspect's attorneys not in contempt but could face professional sanctions

DELPHI, Ind. — Delphi murder suspect Richard Allen's attorneys were not in contempt of court because the leak of evidence was not willful or intentional, Special Judge Frances Gull ruled Wednesday.

Prosecutor Nicholas McLeland failed to prove that defense attorneys Brad Rozzi and Andrew Baldwin contemptuously released photos in the 2017 killings of Delphi teenagers Libby German and Abby Williams.

The photos were leaked by Baldwin's trusted friend, Mitchell Westerman, who visited his office and saw the photos while left unattended in the law firm's conference room, according to testimony at a March 18 hearing. Westerman took photos of the crime scene images and shared them with others, who published them in public venues.

While Gull found Baldwin and Rozzi not in contempt of court, she did find that they were sloppy, negligent and incompetent in the handing of the evidence.

Gull also said she will not find Baldwin and Rozzi in contempt for their Dec. 1, 2022, news release since the gag order was signed on Dec. 2, 2022.

That doesn't mean Baldwin and Rozzi are in the clear.

"To the extent that the Press Release violated the Rule of Professional Responsibility, the Trial Court has no jurisdiction to enforce those rules," Gull wrote in her order. "As required by the Rules of Professional Responsibility, the Trial Court will, therefore, send a copy of this order and the Press Release to the Office of Judicial and Attorney Regulation Executive Director Adrienne Meiring for that Office to enforce the Rules or determine Counsels' ethical misconduct."

Allen's trial is scheduled to begin May 13 in Fort Wayne with jury selection from Allen County residents. Court documents indicate they expect to pick a jury in three days. Then the jurors will be required to pack a suitcase for a stay during the duration of the trial.

However, Gull still has several motions to resolve, including McLeland's motions to limit what jurors can or cannot hear about Odinism, ritual killings and other theories of the case the defense had mentioned in pretrial motions.

Gull set that hearing for 9 a.m. May 7 in Allen County.

Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2

This article originally appeared on Lafayette Journal & Courier: Delphi murder suspect's attorneys not in contempt for leaked photos