Richard Allen DOC Timeline R&M Productions
Timeline
October 26, 2022:
- Mr. Allen was interrogated and arrested, then booked into the Carroll County Jail under a pseudonym.
October 27, 2022:
- Prosecutor Nick McLeland files motion to seal the PCA, citing extraordinary circumstances and an ongoing investigation.
- Kathy Allen hired attorney Brett Gibson to represent Rick and paid his retainer fee.
- Evening of October 27th, Mr. Gibson sent a letter by email to the Carroll County Sheriff's Office and to Prosecutor McLeland.
- Sheriff Leazenby confirmed receipt of Mr. Gibson’s letter by telephone the evening of October 27th.
- Also on October 27th, someone at Carroll County jail told Mr. Gibson, via telephone, that Mr. Allen was not an inmate there.
- Mcleland calls Gibson on cell phone to let him know Rick IS there under an alias & arranges a meeting.
- 10pm, Gibson meets with Rick at CC Jail. Tells him he’ll be charged with 2 counts of murder tomorrow.
- Ricks begins abrupt discontinuation of Seroquel 200mg/day and is never put back on it.
Oct 28, 2022:
- Rick appears at his initial hearing at 10:30am without Atty Brett Gibson being notified or present.
- Diener signs the Order on Initial Hearing, stating that Allen has been advised of his rights to counsel and he intends to hire private counsel.
- News outlets report there’s been an arrest & Allen is being held at a “state facility” for his own safety.
- Rick is transferred to White County Jail without any kind of safekeeping hearing on it.
bitch
Nov 1, 2022:
- Allen sends an undated letter to the Carroll County Circuit Court pleading for an attorney. The letter is sent from his jail cell in White County.
- The envelope containing Allen’s letter is officially post stamped by the Indianapolis USPS Office with a post mark on 11/01/2022. Under Supreme Court ‘mailbox rule’ it is considered filed on day it was mailed, not received.
- Court Clerk files this letter on 11/9/22.
- IDOC Medical History reflects on 11/1 he had “Mental Health Intake” by Susan Blackmore, NP, who served Rick at his PCP pre-arrest starting in Nov 2021. She does not work for IDOC or any jail. Noted he has mild suicide risk & Rick stated he wanted to be alive. Recommends he have 15-min visual checks & monitored shower and rec & no shaving.
Nov 2, 2022:
- June 15, 2023 Hearing, p. 11. Sheriff Leazenby testifies Judge Diener helped craft a Motion for Safekeeping order for him to sign.
- Motion for safekeeping signed by Sheriff Leazenby, citing concern for Rick’s safety. Filed the next morning with its author, Judge Diener.
By Nov 3, 2022:
- Jerry Holeman gives orders to (RDC?) to put Allen in a cell equipped with 24-hr cctv. Westville will assign Rick to 1 of 4 of these camera-equipped cells, #A107, where he stayed until Dec 6, 2023. It is a suicide-watch cell in the Control Unit, although varying timelines for when he was or wasn’t on ‘suicide watch’ with ‘suicide watch restrictions and protocols’.
Nov 3, 2022:
- Judge Diener grants the Motion & orders Allen transferred into DOC custody under SK (WCF). Order Document created around 10am, 30 minutes after Leazenby filed his request.
- There is no cert. of service attached. Sheriff Leazenby, aware that Mr. Gibson was representing Mr. Allen, does not serve Mr. Gibson as he was required to. If Mr. Gibson wasn’t representing Rick, then Sheriff Leazenby was required to serve Rick directly as a pro se litigant.
- Despite a factual finding being required, no hearing was held. If the only reason is concern for inmate’s safety, then the defendant has the right to refuse transfer. Rick was not given that choice.
- Judge Diener recuses himself from the case.
- Unknown Time after order signed at 10am: Rick allegedly arrives at RDC in Plainfield, IN for his “intake.” RDC is 2 hours away from White County Jail. Most inmates are there for weeks, but Rick’s was “expedited.”
- IN DOC - Adult Mental Health Order (Form 56549) is issued (by ?). **per Bradley Rozzi Motion to Suppress April 2024, Appendix List of Exhibits, #5
- Unknown Time: Rick allegedly arrives at Westville, which is 3 hours away from RDC.
- An inmate phone call from Westville states the Sergeant told him to clean out A107 because “the guy who killed the Delphi girls is coming in.” Inmate claims Rick was walked in with about “30 officers from Sheriff’s Office and ISP.” https://youtu.be/Y0jDBRBmu2I?si=5Og9FeKup9f81XOS
- Wala’s notes memorialized in Polly Westcott’s report show: Mr. Allen was placed on suicide watch with constant observation. He was not allowed utensils or recreation, and his cell was stripped. He was allowed a mattress and suicide blanket, and was allowed monitored showering and toileting.
Dr. Wala will testify at July 2023 Motion to Suppress Hearing that she did not put him on suicide watch or employ companion program with Rick. Someone gave him a “D” assignment. If he had been “E”, he would have qualified for assignment at one of IDOC’s mental health facilities (would exclude Westville).
Nov 4, 2022:
- Special Judge Frances Gull assigned to case
Nov 8, 2022:
- WCU Suicide Monioring
- **per Bradley Rozzi Motion to Suppress April 2024, Appendix List of Exhibits, #12
Nov 9, 2022:
- Correspondence from Allen is entered into court record by Carroll Circuit Court clerk
Nov 10, 2022:
- Wala’s notes memorialized in Westcott’s Report say “anxiety & depression is significant and worsening.”
Nov 14, 2022:
- Enter Rozzi and Baldwin, appointed by special judge Frances Gull
- **10 days pass between Gull assuming case and Gull appointing Allen public defenders
Nov 22, 2022:
- Hearing held in Delphi on unsealing PCA, gag order discussed, defense requests bail hearing
- Baldwin and Rozzi answer media questions outside the courtroom post-hearing, and when asked how their client is doing, Baldwin responds “it has been tough for him”, Allen is “missing his wife” and “missing human connection”… suggests that Allen had already begun experiencing detrimental psychological, physical, mental, emotional, impacts of solitary.
- Baldwin goes on to say that, while it has been difficult for Allen, he is “staying mentally tough”. - Attorneys’ demeanor somber; reporter asks how Allen is faring and Baldwin responds that he “does not want to go wayward of the judge” before giving a vague update on Allen’s wellbeing.
December 5, 2022
- Wala’s notes memorialized in Westcott Report state “released from suicide watch.” (since 11/3/22). No indication it re-started until 4/4/23.
- This was the last date a note was logged from Suicide Companions in Westcott Report & that picked back up on 4/4/23.
December 11, 2022
- Sgt. Randy Jones is assigned to WCU unit of Westville Correctional Facility, B Pod
Jan 1-ish, 2023:
- Defense begins to notice Allen’s “deteriorating physical condition”
Feb 1-ish, 2023:
- Defense works to secure a bed for Allen at Cass County Jail; both Cass sheriff and McLeland are in agreement with the move.
February 8. 2023:
- Carroll County Council meeting & Nick is “treading water”, “drowning”, “working with a skeleton crew”, has work that is “very very very very time sensitive”; requests additional funds for more staff & pay
- The discovery deadline agreed upon by the defense and the state is approaching on Feb. 10th
February 9, 2023:
- Dr. Wala’s notes per Westcott report state “He displayed irritability when asked how he felt about his upcoming court date. He said, "I don't give a fuck. They move me where they want to move me. I'm a piece of a game."
- Only upcoming court date was 2/17/23 for Def Petition to Let Bail (which was continued/Rick’s transport canceled). Rick seemed to know his Defense was making plans to get him to Cass.
February 13, 2023:
- Mcleland files Motion Regarding a Protective Order on Discovery (which all should have been due to defense on 2/10)
- Mcleland files State's Response To Defendant's Motion To Continue Bail Hearing And Jury Trial Setting (not objecting to Def request to continue both as they had not yet received Discovery).
Late February/early March 2023:
- Sgt. Randy Jones is made acting supervisor of A Pod, where Allen is and has been housed at WCF
Early March 2023:
March 16, 2023:
- During a meeting with Dr. Wala, Rick reported he was doing "good". They discussed potential in-person visits with his wife. Dr. Wala informed Rick she “had learned that there were no records of routine communication” between Mr. Allen and his wife, although “the lead investigator said it was possible they may not have had correct access to the communications”. Rick said, "I don't give a shit and don't want it anymore." (It? Tablet?) He then said, "When this is all over, they are going to pay." He indicated feeling he was purposely being targeted by staff and asserted he spoke with his wife via phone one to two times per week. Wala writes: “He became quickly agitated over this perceived injustice. He felt that Dr. Wala was the only one who helped him.”
March 20, 2023:
- Carroll County Council Meeting & Nick’s pleads for additional funding “or he can’t successfully prosecute this case?”
March 21, 2023:
“Shortly before Mar 24, 2023”:
- Defense is notified that CCSO has declined their request to have Allen moved out of IDOC and into Cass County Jail, despite no objection from Cass County Sheriff or Prosecutor Mcleland.
March 24, 2023:
- Defense meets with Allen at WCF and provides “optimistic news about the case”; Allen was “polite, inquisitive about the information, and thankful”; Defense notes “deteriorating physical condition has been observed by counsel dating back to the beginning of the new year”
- Defense delivers “nearly 1,000 pages of police reports” and other discovery for Allen
Soon after Mar 24, 2023:
- Investigators were made aware by the Warden of Westville Correctional Facility that Allen began to act strangely
Sometime between March-April 2023:
- Sgt. Randy Jones begins wearing patches on his IDOC uniform
*Sometime in April 2023:
- CO Jerry Harshman begins working at WCF; "DOC in his blood”
Apr 1, 2023:
- RA is placed on suicide watch, per Warden Galipeau’s testimony at 7/31/2024 hearing
Apr 3, 2023:
- Defense documents have still not been provided to Allen
- Phone call to Kathy where “incriminating statements” are made, Kathy abruptly disconnects the call
Apr 4, 2023:
- Defense hauls ass to Westville to meet with Allen
Apr 5, 2023:
- Defense files emergency motion to get Allen out of DOC: “observed a steep decline in demeanor, ability to communicate, ability to comprehend and assist in his defense… psychotic symptoms… schizophrenic and delusional… suffering from memory loss and demonstrating an overall inability to communicate rationally with counsel and family members”
- In their motion, defense also raises issue with “suicide companions” 24/7 monitoring Allen, which calls into question the truthfulness of State claims that companions were not put into place until on/around April 1st-12th…
Apr 6, 2023:
- Prosecution meets with Warden of Westville, John Galipeau, “and the allegations in the motion by the defense are false”
Apr 11, 2023:
- Inmate pens letter to defense/Judge Gull alleging “corrupt officers and ranking officers” are taunting, “kid killer,” “you have a visit from your family,” “phone is ringing on tablet,” “threatening to kill,” “kill himself”. Postmarked on 4/26/23, filed on 4/28/23.
April 12, 2023:
- Per psychologist Dr. Wala’s notes: “More critical, banging head, self-harm”
April 13, 2023:
- Indiana Protection and Advocacy Services Commission (IPAS) v. Commissioner, Indiana DOC: Settlement Agreement (“PSA”) is set to expire. While IPAS preferred to extend and keep the PSA in place, defendants (DOC) opted not to extend it. Case was dismissed without prejudice.
- **Date of IPAS/DOC PSA expiration is the same date Wala determined that RA was experiencing "grave disability" and an involuntary med/placement hearing was scheduled for the following day.
- **On 4/13/2023, per Dr. Wala’s notes on Richard Allen: “Grave Disability, consuming feces, considering involuntary meds (needle). Hearing about involuntary meds scheduled”
- **On 4/14/2023, the day after PSA expired, a hearing to determine whether or not RA needed involuntary medication/evaluating appropriateness of setting was held. While the details of the hearing are heavily sealed and protected, hearing outcome = approved RA involuntary meds, determined setting appropriate given continued detention until surprise move to WVCF 12/2023.
April 13, 2023:
- Per psychologist Dr. Wala’s notes: “Grave Disability, consuming feces, considering involuntary meds (needle). Hearing about involuntary meds scheduled”
April 14, 2023 -
- Allen is seen by 2 DOC “psychiatrists and a psychologist” to assess the appropriateness of setting and whether or not involuntary medication is needed
- Nick files Response to Emergency Motion to Modify Safekeeping order saying “the State has been made aware that the Defendant is being evaluated at 10am on 4/14/23 [today] to assess his mental health needs” & urges Judge to wait until those results come in before making a decision. (DOCUMENT CREATED AT 12:43pm)
Apr 14, 2023:
- Judge Gull throws the hot potato to DOC and issues “not my problem” order, reaffirming the original safekeeping order (DOCUMENT CREATED AT 1:35pm)
- Judge had not responded to the defense’s emergency motion and instead allows DOC to assess Allen and make the call
- Per psychologist Dr. Wala’s notes at 7/31/24 hearing, “Involuntary meds” were started (weekly Haldol injection + nightly oral haldol). No comment on moving him.
Per Nick’s 4/20/23 filing: he doesn’t need to be moved & involuntary medication isn’t needed
April 20, 2023:
- State files request to Subpoena Third Party MH Records from WCF; in filing, Mcleland makes several contradictory assertions:
“On April 14th, 2023, Richard M. Allen was evaluated by two psychiatrists and one psychologist to discuss his turn in behavior and whether or not there was a need for involuntary medication. The panel would also discuss moving Richard M. Allen to a different facility that has a psychiatric unit. From that meeting, it was determined that Richard M. Allen did not need involuntary medication and that he did not need to be moved to another facility. Since that meeting, Richard M. Allen has began to eat again and has begun to sleep. His behavior has began to return to what it was prior to making the admission on April 3rd, 2023.”
Apr 22, 2023:
- RA finally receives “nearly 1,000 pages of paperwork” Baldwin left on 3/24/23 (despite Nick implying it was received prior to 4/3/23 ‘confessions’ to wife and mom on phone & triggered him to confess).
- Per Warden’s testimony at 6/15/23 Safekeeping hearing, when asked “what flipped the switch with his behavior/when did he start acting “strange”, Galipeau answers “we switched from suicide companions to guards the day after he received his legal paperwork.”
- Per testimony at July 2024 pretrial hearings, they replaced suicide companions with guards on 4/23/23 (**confirming)
Apr 23, 2023:
- “Bizarre behavior” triggered a switch from suicide companions to DOC guards watching Richard Allen, per 7/31/24 testimony of WCF warden (**trying to confirm with others’ notes)
May 12, 2023:
- Mullin, with awareness of who suicide companions were and what they logged about Rick, goes to WCU to interview Lacy Patton and Jason Elliott. He soon has these interviews transcribed.
September 22, 2023:
- Sgt. Randy Jones stops wearing his Odin patches at WCF, per orders by his command
November 2, 2023:
- Judge Gull’s apparent hospitalization for some thingy
November 20, 2023:
- In-camera Hearing Transcript (10/19/2023) is made public
November 21, 2023:
- Media Blast Backdated Hospital Stay News (which actually occurred on 11/2/2023)
Dec 6, 2023:
- Mr. Allen was transferred from Westville Correctional Facility to Wabash Valley Correctional Facility per Attorney General Todd Rokeita’s notice to the court transferring Mr. Allen
Dec 7, 2023:
- State turns over “ORION harddrive” to the defense ,i.e Scremin & Lebrato, as Brad & Andy had already been removed.
Issues, Discrepancies & Gaps
Suicide Watch & Companions & Receipt of Legal Paperwork:
- Prosecutor Nick McLeland states that Richard Allen was placed on suicide watch “upon his arrival” at Westville on or around November 3, 2023 due to “statements made about harming himself.”
- Dr. Wala, on 7/31/24, says “no records indicate Rick was suicidal at intake”
-Defense filing from 4/11/24 says “according to prison records, he was placed on ‘suicide watch’ for the majority of his stay at WCU”
- Warden Galipeau states that Richard Allen was placed on suicide watch on April 1, 2023 (testimony at Motion to Suppress hearing 7/31/24)
- Warden Galipeau states “he wasn’t on suicide watch for the 1st several months.” (6/2023 hearing)
- Warden Galipeau states “we were using [suicide companions] for the 1st several months.” (6/2023 hearing)
- Warden Galipeau states “he was on suicide watch a few months after he was there” (6/2023 hearing)
*why suicide companions in place if he wasn’t on suicide watch?
- Warden Galipeau states “no visits” when on suicide watch. Defense says he wasn’t allowed any visits from his family “for the past 5 months” on 4/5/23.
- Galipeau states (in response to what triggered behavior that necessitated ‘suicide watch’) that “I believe it’s when he receives his legal work; he’s been on some sort of suicide watch the entire time after that” (June 2023 hearing)
- Galipeau states (in response to what triggered guards replacing suicide companions) that “I know we went from suicide companion to officer companion I think a day after he received his legal paperwork.” (June 2023 hearing)
- In defense filing from 4/5/23 Rick “had not received his legal paperwork as of 4/3/23.”
- Galipeau states “bizarre behavior triggered guards to replace suicide companions on 4/23/23 (confirming**)…covering himself in feces, etc.(7/31/24 hearing)
-Wala indicates a ‘feces’ event on 4/13/23.
- ”Soon after defense filing on 4/5/23” investigators made aware by Warden Galipeau that “Rick had begun to act strangely” (per 4/20/24 State Subpoenas)
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- “Some point early April 2023” Defense says companions replaced with guards due to discovery that inmate companions were violating confidentiality protocols, engaging Rick about his charges & gossiping to other inmates and family outside of the prison.(Defense filing 4/11/24)
- In Nick’s subpoenas from 4/20/23, he states Rick called Kathy & his mom on 4/3/23 to say “he did it, he killed them” and then told Dr. Wala “she doesn’t believe me.”
Reasons “WHY” suicide companions were replaced by guards:
- Triggered by “bizarre behavior/feces” - Galipeau, alluding to 4/13/23
- Triggered by behavior after Rick ‘confessed’ to wife on 4/3 due to his paperwork he reviewed - Nick
- Triggered by Allen receiving legal mail & companions might access it - Galipeau (either before 4/3, after 4/3, on 4/13 or on 4/23 depending on the testimony)
- Triggered by knowledge that companions were violating the rules of not speaking to Rick & then gossiping to other inmates/to their families outside prison - Defense, alluding to “sometime in early April”
WHEN Suicide Companions were replaced with Guards:
- Reporting by Carroll County Comet states Allen was placed in solitary confinement and on suicide watch from his arrival at WCF in November 2022 until sometime in December 2022. From December 2022 until April 2023, Allen was held in solitary confinement but not on suicide watch. In April 2023, Allen was held in solitary confinement and is placed back on suicide watch after “bizarre” and self-injurous behavior.
“Allen was on suicide watch from the time he arrived through December 2022. For the next four months, through early April 2023, he was held in solitary confinement, but off of suicide watch for his safekeeping… Allen returned to suicide watch after exhibiting “bizarre” behavior including running from one side of his cell to the other and “smashing” his head into his cell door, resulting in bruising to his face”
Wala testified that she was present for at least one of Allen’s alleged 61-plus confessions made over the course of two months while being held at Westville. The alleged confessions were recorded through video observation of Allen, phone conversations with family, or through door sheets maintained by suicide companions or guards keeping watch over Allen in his cell.
Citations
Warden John Galipeau Affidavit.pdf - Google Drive
Safekeeping Hearing Script.docx - Google Docs
Request_by_the_Sheriff_of_Carroll_County_Indiana_to_Transfer_Inmate_to_the_Custody_of_the_Indiana_Department_of_Corrections_Nov_2_2022.docx - Google Docs
Order on Initial Hearing