The Franks Memo Explained
In the fight to prove Richard Allen’s innocence in the 2017 Delphi murders of Abigail Williams and Liberty German, the Franks Memo stands as a pivotal document, challenging the foundation of his arrest and conviction. Filed by defense attorneys Andrew Baldwin and Brad Rozzi, this meticulous document argues that the probable cause affidavit used to justify Allen’s October 26, 2022, arrest was built on false, misleading, and incomplete information. Grounded in the state’s own evidence - depositions, law enforcement reports, and independent defense investigations - the memo reveals a troubling pattern of suppressed exculpatory evidence, ignored alternative suspects, and deliberate distortions that point to a grave miscarriage of justice. The Franks Memo is not merely a legal filing; it is a key instrument through which we can re-examine a case that wrongfully condemned an innocent man while letting the true perpetrators walk free.
Purpose and Context of the Memo
The Franks Memo was filed to support a request for a "Franks" hearing (named after the Franks v Delaware United States Supreme Court case in 1978), a legal mechanism allowing the defense to contest the validity of an arrest warrant by demonstrating that it relied on inaccurate or incomplete information. In this case, the defense argues that the affidavit underpinning Allen’s arrest was flawed, omitting critical evidence and fabricating details to construct a narrative against him. Attorney Andrew Baldwin emphasized the memo’s transparency, stating it was filed publicly because “it would have been wrong to file that confidentially,” ensuring the public could see the depth of the state’s missteps.
The document leverages discovery materials provided by the prosecution, alongside the defense’s own investigations, to expose a case marred by systemic failures and a rush to judgment.
A Ritualistic Crime Ignored
At the heart of the Franks Memo is a compelling alternative theory: the murders of Abby and Libby were a ritualistic act committed by members of an extremist Odinist cult, a modern Norse pagan group. The memo details highly specific crime scene evidence supporting this claim, including:
Runes and Symbols
Sticks and branches arranged in rune-like patterns on and around the victims’ bodies, with one branch “cleanly cut by some type of tool like an electric saw,” suggesting deliberate staging.
Blood-Painted Rune
A rune painted on a tree with Liberty German’s blood, mirroring symbols found on one suspect’s social media posts.
Mimicked Crime Scene
A photograph posted online by an Odinist suspect, eerily replicating the murder scene, which the defense retrieved from Georgia after law enforcement failed to act on it.
These findings, corroborated by an 85-page Odinist investigation report and FBI Behavioral Analysis Unit suggestions of “Nordic beliefs” involvement, point to a crime centered around ritualistic intent. Yet, the memo asserts, law enforcement dismissed this evidence, focusing instead on Allen, who has no ties to Odinism, the victims, or the crime scene.
Overlooked Suspects with Stronger Ties
The memo identifies specific Odinist-affiliated individuals with far more compelling connections to the murders than Allen, yet they were barely investigated:
Brad Holder
His son had a relationship with Abby, and Holder posted rune symbols online identical to those at the scene, raising suspicions of involvement.
Patrick Westfall
Allegedly implicated by Holder, Westfall lived near the crime scene and provided a weak alibi that went unchallenged.
Johnny Messer
An ex-girlfriend reported him returning from Delphi with blood on a car and attempting to “buy” violence, yet he was cleared within 30 days of the murders.
The defense argues that these suspects, with personal ties to the victims and physical proximity to the crime, were hastily dismissed by Unified Command, which “cleared the very man that any person with even a small amount of common sense or curiosity would believe was a strong candidate.”
This failure to pursue credible leads underscores a narrow investigation that fixated on Allen without justification.
Suppression of Exculpatory Evidence
Perhaps the most damning revelation in the Franks Memo is the prosecution’s withholding of critical evidence that is exculpatory to Richard Allen. A May 2023 letter from former Rushville Assistant Police Chief Todd Click to Prosecutor Nick McLeland warned that Odinist evidence was being suppressed, yet it was withheld from the defense for over four months, only disclosed just before Click’s deposition.
Other suppressed materials included:
- State detectives’ video evidence supporting the Odinist theory.
- FBI reports highlighting Nordic affiliations.
- Logs and depositions contradicting the state’s timeline.
The memo asserts that this deliberate concealment violated Allen’s right to a fair defense, forcing his attorneys to conduct their own cross-country investigations to uncover what the state buried. Baldwin’s frustration was palpable: “To this day, the only way that [the mimicked crime scene photo] even exists... is because we drove down to Georgia and got it.”
Falsehoods in the Arrest Warrant
The memo accuses Carroll County Sheriff Tony Liggett of falsifying and omitting witness statements to bolster the affidavit used to arrest Allen.
Key examples include:
Betsy Blair’s Testimony
Blair described a suspect and vehicle that did not match Allen or his car, but this was excluded from the affidavit.
Sarah Carbaugh’s Account
Liggett claimed under oath that Carbaugh saw a man in a blue coat with bloody clothes, details she never reported, effectively fabricating incriminating evidence.
These distortions, combined with timeline inconsistencies, created a misleading narrative that placed Allen at the scene without corroboration. The memo argues that such actions not only invalidated the warrant but also reflect a broader intent to pin the crime on Allen, possibly motivated by external pressures like the timing of a local election just 26 days after his arrest.
Intimidation Behind Bars
Adding to the case’s troubling dimensions, the Franks Memo details Allen’s treatment during pre-trial detention at Westville Correctional Facility, where he was allegedly monitored and intimidated by guards displaying Odinist affiliations. These officers, some wearing “In Odin We Trust” patches, recorded attorney-client conversations and instilled such fear in Allen that he asked his lawyers, “Is my wife alive? Is my family safe?” The defense delayed informing Allen about the Odinist theory, fearing retaliation from these guards. This environment of intimidation, the memo contends, further compromised Allen’s ability to mount a defense, as his mental state - already fragile from solitary confinement - was exploited rather than protected.
No Evidence Against Allen
Central to the memo’s argument is the stark absence of any physical, forensic, digital, or credible eyewitness evidence tying Allen to the murders. Unlike the Odinist suspects, Allen has no connection to the victims, no history of violence, and no association with Norse paganism. The defense asserts that Allen was an “innocent man; a patsy for the police,” targeted to close a high-profile case without the rigorous proof required for justice. The state’s reliance on coerced confessions, a contested bullet, and subjective voice identification - none of which withstand scrutiny - further highlights the prosecution's fragility.
Why the Franks Memo Matters
The Franks Memo is a cornerstone of Richard Allen’s fight for justice, exposing an investigation that ignored ritualistic evidence, suppressed exculpatory findings, and relied on falsehoods to arrest an innocent man. It challenges the integrity of the entire case, from the affidavit to the trial, and raises profound questions about whether the true killers of Abby and Libby remain at large.
By presenting a detailed, evidence-based alternative theory, the memo underscores the defense’s commitment to transparency, as Baldwin urged: “Everything was backed up… please read it.”