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Judge recuses himself from Delphi investigation, new judge being appointed by Indiana Supreme Court

Delphi Libby and Abby
Posted at 5:16 PM, Nov 03, 2022

DELPHI — The judge assigned to oversee the case against the man charged in connection with the murders of Libby German and Abby Williams has asked to be recused.

Carroll County Judge Benjamin A. Diener recused himself from the case against Richard M. Allen on Thursday.

"The Indiana Supreme Court is in the process of appointing Allen County Judge Fran Gull, as Special Judge in the case. Neither Judge Gull nor Judge Diener can speak to press about the merits of the case," Kathryn Dolan, Chief Public Information Officer for the Indiana Supreme Court said in a statement issued Thursday afternoon.

Dolan says a judge does not have to explain a reason for recusing themselves.

Diener filed an order Thursday morning approving the transfer of Allen out of the Carroll County Sheriff's custody and into state custody for safety reasons.

In his order, Diener said the the court found Allen to be in "imminent danger of serious bodily injury or death, or represents a substantial threat to the safety of others."

He went on to address the "public bloodlust for information", calling it dangerous and saying all public servants working on the case do not feel safe or protected.

The order went on to state that the public's desire to learn about the case and access court records was "inherently disruptive" to court operations.

Diener has served over the Carroll County Circuit Court since his election in 2012. Before that he worked in private practice in Indiana and served as Assistant Attorney General in Texas.