STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT COUNTY OF CARROLL ) CAUSE NO. 08C01-2210-MR-0001 STATE OF INDIANA, ) Plaintiff, ) v. ) » RICHARD M. ALLEN, ) Defendant. ) DEFENDANT'S VERIFIED MOTION TO PRESERVE AND PRODUCE SPECIFIC EVIDENCE Richard Allen, by counsel, now comes before the Court with his Verified Moton and moves this Court to order the State of Indiana to preserve certain specific evidence and to produce that ‘evidence to the defense. In support of the motion, Richard Allen states the following: 1. On February 12, 2025, Richard Allen’s counsel, Andrew Baldwin, met with inmate Ricci Davis at the New Castle Correctional Facility. 2. During their meeting, Mr. Davis informed Attorney Baldwin of the following: 4. He (Ricci Davis) was in the unique position of having met both Kegan Kline and Ron ‘Logan during their stays at New Castle Correctional Facility. b. He (Ricci Davis) talked with Ron Logan about the Delphi murders on multiple ‘occasions; over the course of time Logan confessed to his involvement in the murders along with 2 other people. ©. During those conversations, Logan provided certain details of the crime that only the actual killer would know, but never divulged who the other two people involved in the murders were, 4. Inor around March 2024, Kegan Kline was placed in the same general area as Ricci Davis and, at some point, apparently learned that Ricci Davis had talked to Ron Logan while Logan was incarcerated in New Castle. €. Over time, Kline began questioning Ricci Davis as to Ricci Davis's conversations with Ron Logan and whether Logan had ever mentioned his (Kegan Kline's) name to Ricci Davis during those conversations.Page 2 Ricci Davis began to realize that Kline may have been one of the other members of the crew that Logan described as being involved in the murders. Over time, Kegan Kline began to reveal information about the Delphi murders that corroborated details Ron Logan had revealed to Ricci Davis several years earlier. ‘Some of the details Kegan Kline provided to Ricci Davis are the types of details that could only be known by someone involved in the killings. These conversations between Ricci Davis and Kegan Kline occurred all the way up to the guilty verdict, at which time Kline expressed his relief that he (Kline) would no longer be a viable suspect in the murders due to Richard Allen's conviction. Not knowing whether Richard Allen could be the third person involved in the murders, Ricci Davis asked Kegan Kline whether Mr. Allen was the third person involved in the ‘murders; Kline replied that Richard Allen was not the third person and had nothing to do with the murders. Kegan Kline further revealed to Ricci Davis that he (Kline) and Logan knew each other through the sharing of child pornography that they shared on burner phones and that further they (Kline and Logan) would see each other every three to six months so that Kline could assist Logan with using the burner phones because Logan was inept working with electronic devices. Ricci Davis further explained that once Kegan Kline began revealing his role in the ‘murders, sometime in the summer and fall of 2024, before Mr. Allen's October trial, he (Ricci Davis) began sending letters to Nick McLeland providing many of the details of his (Ricci Davis's) conversations with Kegan Kline in 2024 and Ron Logan in 2017. |. Ricci Davis indicated that he believes he sent as many as eight (8) letters to McLeland’s office (hereinafter the “Davis letters”) and presumed that McLeland was sharing the contents of those letters with Richard Allen's defense team. Attorney Baldwin met with Ricci Davis on March 27, 2024, and learned very limited information from Ricci Davis who encouraged Baldwin to watch a videotaped interview law enforcement conducted years earlier. At their February 12, 2025 meeting, Ricci Davis further admitted that when Attomey Baldwin met with Ricci Davis on March 27, 2024, that he (Ricci Davis) did not provide all of the details that he knew at the time to Attorney Baldwin for two reasons: (1) He (Ricci Davis) had not yet heard of the many details that Kegan Kline ultimately provided him (including that Kegan Kline was involved in the crime and that he (Kegan Kline) knew Ron Logan); and (2) at that time he met with Attorney Baldwin in 2024, he (Ricci Davis) could not be sure whether Richard Allen was one of the other two people that Ron Logan described as also being involved in the murders. Mr. Davis stated that hhe was guarded during their March 27, 2024, meeting with Baldwin because he (Davis)7 Page 3 did not necessarily want to assist Richard Allen's defense counsel if he (Richard Allen) was one of the three men that Ron Logan stated was involved in the murders. p. Again, in his March 27, 2024, meeting with Baldwin, Ricci Davis told Baldwin that he (Baldwin) could learn the details of what Ricci Davis told law enforcement by watching his videotaped interview that law enforcement should have in their possession from when they (law enforcement) interviewed him (Ricci Davis) sometime years before. At their February 12, 2025, meeting, Ricci Davis was shocked to learn that Baldwin had never received this videotaped interview. Following his March 27, 2024, visit with Ricci Davis, the next day (March 28, 2024) at 11:49 pm, attorney Baldwin emailed both Nick McLeland and Stacey Diener requesting that they tun over law enforcement’s videotaped interview of Ricci Davis in which Davis presumably provided the details of Ron Logan’s confession on videotape. To date, the prosecution has never provided any videotaped Ricci Davis interview to the defense nor explained why it has not done so, nor stated no such video tape exists and have ignored the request. ‘The approximate eight letters Ricci Davis claims he sent to McLeland in the months leading up to the October 2024 trial would contain multiple layers of exculpatory evidence which the defense could have used to further its investigation as to whether certain facts contained in those letters could be verified through crime scene photographs, digital data, and a variety of other means. ‘Defense counsel has never seen the Davis letters, nor known of their existence until after the trial, when defense counsel met with Mr. Davis on February 12, 2025. Also, the Prosecutor has never informed the defense counsel of the existence of any such letters. ‘On the evening of February 12, 2025, defense counsel Baldwin sent an email to Nick McLeland and his in-house investigator, Steve Mullin, requesting they produce both the Davis those letters and any video recording in their possession of an interview with Ricci Davis, McLeland’s response was vague, non-responsive to the defense request and did not indicate whether he (McLeland) ever received those letters, nor whether he sent those letters to the defense. In other words, McLeland never confirmed or denied the existence of saidPage 4 letters, neither did he confirm or deny that he provided those aforementioned Ricci Davis letters to defense counsel. On February 13, 2025, at 3:54 pm, attorney Baldwin sent another email to McLeland asking straightforward questions: Did you receive multiple letters from Ricci Davis in the months leading up to Richard Allen's October 2024 trial? And if so, did you tun those letters over to the defense? These should be questions easily answered and quickly answered. If McLeland never received such letters he should know that answer immediately since Ricci Davis claims that he (Ricci Davis) sent the letters directly to Nick McLeland. If McLeland did receive such letters, he should know that answer immediately. Furthermore, if he did receive such letters, he should very quickly be able to identify the date(s) that he sent those letters to the defense and how he sent them to the defense. (ie. email, e-discovery etc...). As of the time of the filing of this document, McLeland has failed to answer these simple, straightforward questions. The defense has reviewed all e-discovery from March 2024 to the present to determine whether the prosecution provided the Davis letters to the defense to determine if those letters were hidden among other discovery. The defense found no such letters penned by Ricci Davis addressed to Nick McLeland in the e-discovery. The defense has reviewed all emails during the applicable time frame to determine whether McLeland ever forwarded an email with attached letters from Ricci Davis, No such emails exist. The defense requests that the Court order McLeland’s office, as well as any law enforcement agency, to preserve any letters from Ricci Davis in their possession and, further, to turn them over to the defense immediately. The defense similarly requests the Court order McLeland’s office, as well as any law enforcement agency, to preserve any video recording of an interview with Ricci Davis in their possession and, further, to tum such video recording(s) over to the defense immediately.