State’s filing includes photos of Libby German’s iPhone 6s seen only in court

Delphi, Indiana – The prosecution responded to a motion made by Richard Allen’s defense team, which resulted in the publication of crime scene images that had never been viewed outside of court previously.

A jury found Allen guilty of murder in November for the murders of Libby German and Abby Williams in February 2017 close to the Monon High Bridge. In a December hearing, Special Judge Fran Gull sentenced him to 130 years.

Allen’s defense team submitted a “Motion to Correct Errors” last month, arguing that their client’s conviction ought to be overturned. Crucial to the case was the defense’s contested timeline of a passing van and a supposedly made confession by another guy.

Allen’s lawyers also cited expert testimony from a defense witness who said that activity recorded from Libby German’s iPhone 6s indicated that headphones had been put in and taken out of the auxiliary socket.

The logged activity took place on February 13, 2017, the day the girls were killed, between 5:44 and 10:32 p.m. Digital forensics specialist Stacy Eldridge, who testified on behalf of the defense, provided the testimony.

Sgt. Chris Cecil, a phone expert for the Indiana State Police who testified on behalf of the state, responded that the logged activity might have been caused by dirt or water. Before giving his opinion, Cecil informed the court that he had conducted a Google search during a court break.

Carroll County Prosecutor Nick McLeland questioned Eldridge’s conclusions in his answer to the defense’s motion, claiming that she failed to submit a report, log, or any supporting documentation. Additionally, McLeland pointed out that she was primarily an expert in computer and network forensics rather than smartphone forensics.

According to McLeland, no headphones were discovered at the crime scene by authorities.

The fact that someone returned to the crime scene after 2:32 p.m., when the phone stopped moving, took it from beneath Abby Williams’ body (where it was later discovered), plugged in headphones, left them there for five hours, and then put the phone back under Abby’s body without recording any movement was also deemed “unlikely” by him.

According to McLeland, Eldridge did not inspect the phone herself and was unable to ascertain whether it had been harmed by water.

Several exhibits were presented by McLeland to bolster his response. State Exhibits 9, 10, and 11 are the three that depict Libby German’s iPhone 6s at the scene of the crime. The only people who could see the pictures during the trial were the jurors and court observers.

The pictures seem to show the phone sitting among sticks, leaves, and, most likely, dirt, with the screen covered with dew droplets.

The case of the Delphi killings revolved around the phone. It was used by Libby German to capture the girls’ interaction with “Bridge Guy” in a 43-second movie. Additionally, activity data revealed that on February 13, 2017, at 2:32 p.m., the phone stopped working, which the state believes was the exact moment the girls were murdered.

Cecil did view pictures of the phone that demonstrated its condition upon discovery. According to McLeland, he drew his judgment partly from those images, the length of time the iPhone was left outside, and his “knowledge and experience as a forensic phone examiner.”

The defense might have called a witness to refute Cecil’s testimony regarding the potential effects of water and dirt on the phone, according to the prosecutor. But, he claimed, the defense did not summon such a witness.

Why Richard Allen’s lawyers argue that the conviction in the Delphi murders case should be overturned McLeland pointed out that none of the evidence presented in the case was new enough to reverse the outcome of Allen’s trial. He feels that the information, which actually came from discovery materials, ought to have been raised during the trial in order to refute Cecil’s testimony.

Therefore, the prosecutor requested that the court deny the defense’s move without a hearing, arguing that the phone evidence and other defense-related concerns did not support a “Motion to Correct Errors.”