Filed: 9/18/2023 2:06 AM

Carroll Circuit Court

Carroll County, Indiana

STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT

)ss:
COUNTY OF CARROLL ) CAUSE NO. 08C01—2210-MR-000001

STATE OF INDIANA

)))))
vs.

RICHARD M. ALLEN

VERIFIED MOTION FOR MEDIATE TRANSFER 0F CUSTODY

Comes now the Defendant, Richard M. Allen, by Counsel, Bradley A. Rozzi and
Andrew J. Baldwin, and in support of their Verified Motion for Immediate Transfer of

Custody, Counsel Rozzi and Baldwin swear and affirm to the followirlg:

1. Pursuant to the Charging Information filed on or about October 28, 2022,

Richard M. Allen is currently facing two Counts of Felony Murder;

2. On November 3, 2022, the Honorable Benjamin A. Diener, Judge of the
Carroll Circuit Court, issued a Court Order which has been previously referred to, in
this cause, as the "Safekeeping Order." Pursuant to the Safekeeping Order, the Carroll

County Sheriff relinquished jurisdiction of Defendant Allen's care and custody to the
Indiana Department of Corrections;
3. Shortly afier the Safekeeping Order was entered, Defendant Allen was
transported to the Westville Correctional Facility and jailed in the maximum security
unit within the confines of Westville Correctional Facility. Defendant Allen has
remained incarcerated in said unit, continuously, since November of 2022;
4. Counsel for Defendant Allen have previously requested that Defendant

Allen be removed fiom the Westville Correctional Facility on the basis that Defendant
Allen has been exposed to conditions far more harsh than those of other pre-trial
HILLIS, HILLIS. detainees across the State of Indiana. In its Order of July 19, 2023, the Court denied
Rozzx & DEAN. LLC
ATTORNEYS AT LAW Counsels' request for transfer and in fact, found that Defendant Allen was being
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Facility." Counsel for Defendant Allen believe that it is improper to compare
J 031v R. HILLIS
Ln. 97533-09 Defendant Allen's circumstances with those of other offenders who have been
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 convicted of crimes such as murder, rape, child molesting and Robbery, to mention a
few. Defendant Allen's incarceration in the maximum security unit has exposed him to
the most isolated conditions an ofl'ender can be subjected to While imprisoned.

Moreover, the unit wherein he is currently being isolated is designed for the sole

purpose of segregating and punishing the worst and most heinous ofi'enders in our
prison system. As and innocent man, Defendant Allen cannot be classified as such.
Attorney's for Defendant Allen have discovered additional circumstances which lend
support to the unjust and inhuman conditions under which Defendant Allen has been
detained for the past 9 months;
5. Simultaneously herewith, Defendant Allen's Attorneys have filed various
pleadings including, but not limited to, a Motion for Frank's Hearing (hereinafter
"Frank's Notice"). Within the Frank's Notice and supporting Memorandum, Defendant
Allen's defense offers up numerous facts and circumstances which connect members of
the Son 'sof Odin (a/k/a Odinites/Odinism/Vinlanders and various other splinter
groups), a white supremacist goup, to the murders of Abigail Williams and Libby
German. A large majority of the facts and circumstances referenced in the Frank's
Notice and supporting Memorandum were obtained through the nonnal course of

discovery, from law enforcement files. It is, however, notable that there have been very
few, if any, references by law enforcement authorities to these Odinistic ties, throughout
the six year investigation in this case. Said information was noticeably absent firom the

Probable Cause Affidavit filed with this Court on October 28, 2022, which supported
the search of Defendant Allen's home. Counsel incorporates herein, all references to the

Son's of Odin/Odinites/Odinism/Vinlanders, etc., referenced in the Frank's Notice and

supporting Memorandum;
6. Allen's defense team, including Andrew Baldwin, Matt Hoffman, Max

HILLIS. HILLIS. Baker, and undersigned Counsel, have visited Westville Correctional Facility on a
Rozzl & DEAN. LLc number of occasions dating back to the winterof 2022. During one of the initial visits
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JOHN R. HILLIS
LD. #3753309 Randy Jones. One patch, consistently worn by Sgt. Jones, reads as follows: "In Odin
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 We Trust." Counsel has also observed patches containing three interconnected triangles
on the chest of Sgt. Jones. Sgt. Robinson has worn similar patches with Odinistic
references. As mentioned in the Frank's Notice and supporting Memorandum, these
patches, with their references and symbols, have direct
ties to the practice of Odinism;

7. Members of the defense team have also observed patches on other guards
during Visits to the facility. Because of the very limited contact and brief interactions, it
has been difficult to document and even corroborate the actual words and symbols on

these patches;

Through the discovery process, defense counsel has sought out, fiom the
8.

DOC, video footage flom Defendant Allen's cell and video of many of the movements
of Defendant Allen within the facility. To date, the defense has received video fiom
November of 2022, as well as additional footage fiom April, May, and June of 2023. A

geat number of the videos reflect that Sgt. Jones is commonly assigned to the
movements of Defendant Allen in and around the facility;
9. On Tuesday, May 30, 2023, Attorney Rozzi, assistant Max Baker, and Kathy

Allen visited with Defendant Allen at the Westville Correctional Facility. The visit
occurred in the traditional visitation room used by other inmates. The DOC officials
cleared the room so that only Defendant Allen, his defense team, his Wife, and DOC

employees were present. During the visit, Sgt. Jones stationed himself within fifteen
feet fi'om Defendant Allen as he (Allen) and his Wife were allowed to communicate

with each other fiom opposite sides of the table. Sgt. Robinson was also present for the

transport of Defendant Allen fiom the visitation room. There was no privacy afforded
to Defendant Allen and his Wife during this visit. The room was nearly empty and

therefore, there was no background noise of any kind to ofi'er up any sense of privacy to
Defendant Allen and his Wife. Sgt. Jones remained at his post during the entire Visit,
within earshot of Defendant Allen and his Wife;
HILLIS. HILLIS.
Rozzx & DEAN. LLc 10. As stated, Allen's defense team received Videos fiom the Indiana
ATTORNEY s AT LAW
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during his incarceration. One such video represents an incident which appears to have
JOHN R. HILLIS
Ln. #753309 occurred between May 18, 2023, and May 25, 2023. In the video (labeled as
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 M2U01136), Sgt. Jones can be seen warning Defendant Allen that he will be tased if he
(Allen) does not remove his hands fiom the cuff port in the door of Defendant Allen's
cell. Defendant Allen did not remove his hands fiom the cuff port which resulted in

Sgt. Jones deploying his taser to Defendant Allen's hands. No "use of force check-off
sheet" was completed as it appeared fiom the communications between the Officers that

Sgt. Jones did not believe that Defendant Allen was actually struck with the taser. The
issue of whether or not he was struck by the taser-is of no consequence. At no time

during this altercation was Defendant Allen posing any safety risk to any of the Officers
involved or any of the other inmates housed in the facility. Defendant Allen was

securely locked in his cell (within the most secure unit in Westville Correctional
Facility) and the only aspect of non-compliance involved Defendant Allen's hands
sticking outside of the small rectangular sleeve, in the cell door, that is used to exchange
food, medications, and other items with the inmate;
11. There exists a second video (labeled as M2U01106) which appears to have

been taken between the dates of May 9, 2023, and May 15, 2023, wherein Defendant

Allen is locked securely in his celll. Prison guards appear to be removing handcuffs
fiom Defendant Allen, presumably, after transporting Defendant Allen back to his cell
fi'om some other location within the facility. While it is difficult to tell, it appears that

Sgt. Jones may have been present during the incident. Either way, an unknown Officer
deploys his taser striking Defendant Allen's hands. Again, there was no safety threat
being posed by Defendant Allen at the time of the tasing incident;
12. On April 28, 2023, DOC Inmate, Robert P. Baston, while housed in the
maximum security unit at Westville Correctional Facility, filed a letter with the Court.
Within this correspondence, Inmate Baston claimed, in pertinent part, the following:
"there are corrupt officers and ranking officers calling Richard Allen a kid killer,

HILLIS, HILLIS. teasing hirn that he has a visit fi'om his farnily,. . ." On Friday, August 4, 2023, Attorney
Rozz1 6a DEAN. LLc Rozzi and Assistant Baker visited with Inmate Baston at the Westville Correctional
moms .x-r LAW
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JOHN R. Hmlls 1
Counsel ofi'ered up to the Court, an electronic copy of this videos referenced in paragraphs 10 and 11
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8mm A. Rona! above, at the time of filing of this Motion.
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 Robinson is one of the guards that was playing a pra11k on Defendant Allen. At the time
of this meeting, Inmate Baston was unaware of any concerns that the defense team had
regarding Son's of Odin and their involvement in this case. See Affidavit
of Max
Baker attached to the Frank's Notice;
l3. The defense team has sought out and offers up, herein, at DOC video
and
(labeled as M2U01026) that appears to have been recorded between April 17, 2023,
April 21, 20232. During the video, Defendant Allen is being transported to a location
within the maximum security-unit to get a haircut. During the transport, an unidentified

prison guard is walking Defendant Allen on a leash. Sgt. Jones can be seen in the same
video. At approximately 2 minutes and 17 seconds into the Video, the unknown officer
with the leash reaches up to his right chest area and removes a patch fiom his uniform

placing the patch in his pocket. It appears from the video that someone, most likely the
individual holding the video camera, prompted the unknown officer's actions. Counsel
has been unable to identify the specific officer involved or the contents on the patch and

therefore, cannot confirm that said behavior is directly linked with the Odinistic

practices referenced herein. However, one need not have a degree in rocket science to
conclude that staff members are attempting to conceal obviously unacceptable practices,
within the secured walls of the maximum security unit;
14. Defense Counsel began taking depositions in this cause during the week

beginning August 7, 2023. During that week, Counsel deposed both Sheriff Ligget and
Detective Jerry Holeman. It was during these depositions that Defense Counsel first
raised issues and offered up exhibits pertaining to the Son's of Odin/Odinism and its
obvious ties to these crimes. Thereafier, Counsel visited Defendant Allen on two
different occasions since Allen's Defense team put the State of Indiana and its

investigating officers on notice of the Odinistic ties to this case. The visits occurred on

HILLIS. HILLIS. August 17, 2023, and again on August 25, 2023. During the August 25m visit, Attorney
Rozzx & DEAN. LLC Rozzi observed that Sgt. Robinson no longer had a patch on his chest. This change of
ATTORNEYS AT LAW
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BILLIs
JOHN R.
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BRADLEY A. ROZZI
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Counsel ofiered up to the Court, an electronic copy of this video at the time of filing of this Motion.
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 have instructed their guards and other staff members to remove/conceal their patches

during video tapings of Defendant Allen's movements witlfin the facility as well
as

during visits by members of the defense team;

15. On June 13, 2023, this Court conducted a hearing on various issues

including, but not limited to, the Safekeeping Order. At that hearing, Sheriff Liggett
testified that he had made a visit to the Westville Correctional Facility and insinuated
that it had been several months prior to the June hearing but could not remember the
exact date. In his deposition of August 8, 2023, Sherifi' Liggett then acknowledged that
he had visited the Westville Correctional Facility, in the company of Trooper Holeman
and Investigator Steve Mullin, sometime in late 2022 or early 2023, but he couldn't

recall the exact month of the visit. See p. 44 lines 24-25 and p. 45 lines 21-22 in
- -

the attached deposition transcript of Sherifi' Liggett. It appears there were ties
between the Carroll County Sheriff's Department and the Westville Correctional

Facility, despite the issuance of the Safekeeping Order, which otherwise divested the
Carroll County Sheriff's Department of its jurisdiction over the custody Richard Allen.
That is to say that the Carroll County Sherifi's Department has a vested interest in
Defendant Allen's continued incarceration in and amongst a culture which appears to be

ripe with Odinistic connections;

l6. Of further concern is the fact that there exists literature, such as a 1998
Article fiom the Southern Poverty Law Center titled "New Brand of Racist Odinist
"
Religion on the Marc which focuses on the growth of the neo-Pagan white
supremacist group within prison systems across the country. New Brand of Racist
Odinist Religion on the March LSoutherninvert\ Law Center tsplcenterbru )3 A local
news article published by WRTV Indianapolis titled "These are the hate groups
operating in Indiana" (published on November 18, 2016), identified many of the hate

Elms. HILLIS. groups and other extremists who were operating within the State of Indiana. These are
Roz-2.1 & DEAN, LLC the hate groups operatinu in Indiana (wrtv.com)4. Many of these are associated with the
ATTORNEYS AT LAW
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LOGANSPORT. IN 48947 Odinism and/or splinter groups such as the Soldiers of Odin, Vinlanders, etc. The
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JOHN R. Bums
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Counsel has attached hereto, a hard copy of the referenced SPLC article.
BRADLEY A. R0221
u). {2339509
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Counsel has attached hereto, a hard copy of the article published by WRTV Indiana.
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 United States Supreme Court, in 2005, issued a ruling in Cutter v. Wilkinson, 544
U.S.709 (2005), wherein the Justices found that prisons must accommodate unusual
faiths such as Odinism. See Southern Poverty Law Center Article Titled "Supreme
Court Requires Prisons Give Special Consideration to Racist Pagans", August 21,
20095. There can be no dOubt that prisoners with Odinistic beliefs and practices

continue to grace the halls of our prison system today;

17. On Wednesday, August 23, 2023, Attorney Rozzi deposed an

Indiana State Trooper (hereinafler referred to as "Trooper X") who has served for many
in our state.
years on task forces and as an undercover agent, infiltrating hate groups
Trooper X was sought out and consulted by law enforcement investigators
in this case

for hiS/her expertise with Odinistic practices and activities within Indiana. During the

deposition, Trooper X acknowledged that Odinism consisted of two types,

the good and

the evil. Said Trooper further confirmed that he/she was aware of the existence of the

evil side of Odinism operating Within the prison system in Indiana. See depo transcript
attached hereto, pages 28-316. Is it possible that Westville Correctional Facility has
cleansed itself of any such prisoners and any activity of this sort? Not likely.

Moreover, to the extent there is an innocent explanation for the Odinistic content on the
and promote
patches, it is not unfair to ask why guards would be permitted to advertise
the views of such a radical hate group in an environment where inmates routinely
associate with the very same evil belief system. And by extension, one might opine as
to why guards assigned to Defendant Allen happen to be there very same guards

advertising the Odinistic patches on their chest;

18. Attorneys for Richard Allen request that his safety be prioritized and that he

be removed from an environment that approves of and promotes the Odinistic brand.
Counsel flirther requests that he be transferred to a correctional facility, such as the
White County Jail, where he was previously housed without incident. In the alternative,
HILLls. HILLIS.
Rozz1 & DEAN, LLC Counsel requests that Defendant Allen be transferred to the Cass County Jail where he
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5
Counsel has attached hereto, a hard copy of the referenced SPLC article.
6
Counsel has attached hereto, copies of pages 28-30 of Trooper X's deposition transcript and
Jam: R. BILLIE
m). «153309 intentionally omitted the name of an individual, not otherwise referenced in the Frank's Notice or
Memorandum, in an effort to maintain Trooper X's identity. The omissions are found on page 29 line 5
—

BRADLEY A. Rozzx
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 could be housed in a more modern and suitable jail, one designed and intended to house

pre-trial detainees (those presumed by our Constitution to be innocent) until the charges
in this case are fully adjudicated.

(WM-.30 65

dre'xiv J. Baldwin. #1785

I swear and affirm under the penalties for perjury that the foregoing

representations are true.

l 09

drewlJ. Baldwin. #17851441

CERTIFICATE OF SERVICE
of this document by the County e-filing
I certify that I have served a copy
system upon the Carroll County Prosecutor's Office the l 8 day of September,
2023.

éy A. Rozz #233 -09

ZZI DEAN
0 S.0
Loanso 4 947

HILLIS, HILLIS.
R0221 & DEAN. LLC
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