Take Away Richard Allen’s Confessions and the State Is Left With This

Judge Elaine Brown asked the question every Richard Allen group chat has argued since the Delphi verdict. If the confessions are ruled inadmissible, what proof does the state have? That exchange, at the Indiana Court of Appeals on September 21, 2026, is where this segment starts.

Mark Leeman’s answer for Allen was blunt. No one identified him as the man on the bridge. There is no DNA.

What the state had at trial was an unfired cartridge found in the ground between Abby Williams and Libby German, matched by a state examiner to the .40-caliber pistol from Allen’s home. It also had witnesses who put a man on the trail.

The defense’s expert on the cartridge never testified. William Tobin, a former FBI metallurgist, was excluded by Judge Frances Gull as not a firearms examiner. Leeman told the panel Tobin would have said matching marks on a round found in a field is about as useful as astrology.

One judge asked the state’s lawyer if she had read the Virginia Supreme Court decision finding reversible error over this same expert. She had not.

Then the sketch. Betsy Blair saw a man on the first platform about 50 feet away and helped police draw him. The jury never saw that drawing. Leeman held it up in rebuttal and told the judges that if Blair didn’t see his client, the rest of the case is noise.

The state’s position, argued by Deputy Attorney General Ellen Meilaender, is that the case against Allen begins with Allen. He told police in 2017 that he was on the trail that afternoon, and she says that statement supplies probable cause and the strongest evidence, with or without a confession.

Defense attorney Bob Motta and I walk through the clips and what harmless error means when a court decides a mistake didn’t change the verdict.

The panel took it under advisement.

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