BALIFF: All rise for the court is now in session. The Honorable Fran Gull presiding. 

JUDGE FRAN GULL: Thank you, you may be seated.

(To staff member) [Are] we on?

Alright, we are on the record in State of Indiana versus Richard Allen 08C01-2210MR-01. 

Thank you for your patience ladies and gentlemen. Thank you Mr. McLeland, Mr. Luttrell, for your patience.

Um, we’ve had an unexpected turn of events ladies and gentlemen. 

Earlier this afternoon, the defense attorneys have withdrawn their representation of Mr. Allen. 

Mr. Baldwin made an oral Motion to Withdraw. 

I granted that oral Motion to Withdraw, and Mr. Rozzi will be submitting a written Motion to Withdraw, I’m assuming within the next couple of days. They have confirmed with the court that Mr. Allen’s financial situation remains static, meaning he is continuing to be entitled to appointed counsel. I will reach out to public defenders to make that appointment.

 As Mr. Allen is now without counsel I’ve ordered him transported back to the Department of Correction. 

Mr. McLeland, I know that we have already scheduled a hearing in the Carroll Circuit Court October 31st at 9am. I’d like to maintain that hearing if we can please?

NICK McLELAND: Yes, Your Honor.

JUDGE GULL: I think at that point, we can have counsel appointed. I’d like to set a new trial date. Obviously, I don’t believe counsel will be prepared within the next couple of months to try a case of this magnitude in January. So, we’ll set dates for the trial. I think we need to set a date as well for the suppression hearing that was filed, now by former counsel. 

I have asked the attorneys to provide all of the discovery previously provided to [send] back to the State of Indiana. I know I entered a protective order on the discovery, and honestly I don’t remember when that was. I think it was in April of this year, perhaps maybe sooner? The attorneys have been ordered to provide all of that discovery back to the state. And if you would maintain that until such time as it can be turned over to successor counsel, I would appreciate that Mr. McLeland. 

NICK McLELAND: Yes, Your Honor. 

JUDGE GULL: I’ve also asked the defense attorneys to cooperate with successor counsel. They’re not required to do that, but I think that they will, in the best interest of Mr. Allen.

 They’re not required to provide any of their work product. But they will be required, and have indicated that they will, cooperate with successor counsel. 

So, obviously without counsel Mr. Allen’s hearing cannot proceed. I apologize that I know many of you have been waiting for several hours. I know Mr. McLeland, you and your staff, and you had some witnesses here that came earlier to have the hearing but clearly this is outside of our control. So is there anything, Mr. McLeland, that you’d like to state for the record? 

NICK McLELAND: No, Your Honor, I think we can address the other issues at the October 31 court date. 

JUDGE GULL: Alright. With that being said then, we are in recess. Thank you. I’ll see you in October. 

BAILIFF: All arise!