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Richard Allen, the 52-year-old man convicted of murdering two Delphi teen girls in February 2017, is scheduled to be sentenced Friday, but he has declined to participate in a pre-sentencing investigation that traditionally helps a judge determine what punishment is appropriate.
In the sentencing memorandum, Allen’s defense attorneys said they advised their client not to provide information for the pre-sentence investigation because Allen maintains his innocence and hopes to present a full defense at a second trial.
Defense attorneys for Allen are Bradley Rozzi, Andrew Baldwin, and Jennifer Auger.
Allen was convicted by a jury on Nov. 11 of two counts of murder and two counts of felony murder in the deaths of for the deaths of the two Delphi teenagers.
His sentencing hearing is scheduled for 9 a.m. on Friday in Carroll County Courthouse before Special Judge Frances Gull of Allen County. He faces up to 130 years in prison.
His defense team said the court hand-selected the Allen County probation department to conduct the pre-sentence investigation without input from his team.
The court offered no explanation as to why the Carroll County probation department couldn’t conduct the investigation, according to the memorandum.
Allen’s defense requested the court vacate his convictions for his felony murder charges, claiming double jeopardy prevents him from being sentenced on both the murder and felony murder charges.
His team presented Allen’s lack of prior criminal history and the undue hardship his imprisonment would have on his wife as statutory mitigating factors. According to the team, Allen was the main breadwinner for his household before he was arrested in October 2022.
Allen’s service in the United States Army National Guard for approximately a decade and his long history of mental illness were cited as non-statutory mitigating factors. Records created by the Indiana Department of Correction, which were presented during his trial, corroborate his mental health experience, the memorandum states.
Allen’s defense team said it will not be presenting evidence at the sentencing and will be “articulating arguments in minimal fashion” during the hearing.
The public and the media may attend Friday’s sentencing hearing. No cameras or other recording devices will be allowed.
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