1:45 p.m. - The state's 29th witness is John Galipeau, the former warden of the Westville Correctional Facility where Allen was held in protective custody.
Galipeau testified that Allen was held in a standard 12' by 8' cell. Galipeau said Allen was in an observation cell under suicide watch.
Galipeau said Allen showered three times a week and had three sets of clothing. Galipeau said Allen had access to a tablet to listen to music and order commissary. Galipeau also discussed Allen's rec time and medical attention.
Galipeau said Allen got two face-to-face visits with family.
Galipeau said that when Allen got legal mail, he started acting irrational. Galipeau said Allen would tear up the mail, wash his face in the toilet, defecate in his cell.
Galipeau said he saw Allen regularly.
"Sometimes he would confess to what he did," Galipeau said. "At least twice in person."
Galipeau said Allen also requested an interview to confess.
At this point, the jury was
shown a letter from March 5, 2023 that read "I am ready to officially confess to killing Abby and Libby."
According to Galipeau, Allen said he used to work at CVS and disposed of a box cutter used to kill the girls in a dumpster.
2 p.m. - Defense attorney Brad Rozzi began the cross examination.
"Buck stops with you," Rozzi said.
"I hope so," Galipeau said.
Rozzi said the maximum security prison held the worst of the worst, people convicted of murder and rape.
Rozzi described the area where Allen was held as a "prison within a prison" known as "the hole."
Rozzi said that prisoners in suicide watch cells were normally there for just a short time.
Galipeau said yes, and that the only difference in those cells were the bed and the camera. The bed was bolted down a couple of inches from the floor.
Rozzi asked if Allen was the only inmate Galipeau was aware of being held in solitary, suicide watch for more than a year.
Galipeau said he never knew of any safekeeping inmate being placed in this pod before. He said there is no privacy in the cells, the camera is always on and so are the lights.
"Richard Allen for 13 months was isolated," Galipeau said. With no physical or social interactions.
Rozzi said the general population inmates socialize and eat together and move around their dorm freely. But not Allen.
Rozzi pointed out the many rec areas on a map of Westville and asked Galipeau if Allen used them. Galipeau said no to all of them.
Rozzi said the only rec area Allen could use was a 10 to 15' area with 5 walls and a fence over the top. He called it a "cage."
Rozzi said Allen's recreational time was reduced and Allen was clothed in a kimono gown under 24/7 observation.
Galipeau said yes.
Rozzi said that when an inmate is on suicide watch, he is under tighter restrictions. Galipeau said yes.
Rozzi said that Allen was in handcuffs, leg shackles and had a transportation lead with hands in boxes.
Galipeau called the leads a "dog leash."
Galipeau said Allen was treated better than other inmates.
Rozzi asked if Allen's defense team was allowed to bring in their phones.
The state objected on relevance grounds. Rozzi said it was relevant to showing Allen's conditions. Gull sided with the state and sustained the objection.
Rozzi asked if there was ever a time that Allen posed a threat to anyone.
Galipeau said Allen wouldn't move his hands out of the hole in the cell door.
Rozzi said, "So you zapped him with electricity?"
Galipeau said doors need to be secured.
Rozzi then asked about suicide companions. He asked if some had been convicted of dishonesty.
Galipeau said yes.
Rozzi asked if the suicide companions violated the rules and talked to Allen.
Galipeau said yes. He said he did switch them when Allen got legal mail.
Rozzi asked if Galipeau knew what was in the legal mail.
Galipeau said no.
Rozzi asked if there was any documentation of Allen's alleged confessions. He asked if the jury was just supposed to take Galipeau's word.
Galipeau said yes.
Rozzi said that Allen's psychiatrist, Dr. Waller, was in a better position than Galipeau to make conclusions about Richard Allen's mental health.
Galipeau agreed.
Rozzi said that after 13 months, Allen was moved to Wabash Valley Correctional Facility in December 2023.
Galipeau said he didn't know why Allen moved to Wabash Valley.
Rozzi asked if prison can be really hard on someone.
Galipeau said, "It's an adjustment."
Rozzi said especially on mental health.
Galipeau said yes.
Rozzi asked if Galipeau worked at the prison anymore.
Galipeau said, "No, got let go."
The state objected, saying that was outside the scope of re-direct. Rozzi said Galipeau had reason to misrepresent because he violated safety responsibility. Judge Gull sided with the state and sustained the objection.
Galipeau was the center of
an ethics investigation over misuse of state property. He had to admit to wrongdoing and pay a $2,700 fine.
In re-direct, Carroll County Prosecutor Nick McLeland asked Galipeau why Allen was on suicide watch.
Galipeau said he didn't know, he was just following an order from Allen's healthcare provider.
2:49 p.m. - The state's 30th witness is Ethan Drang, a correctional officer at Westville Correctional Facility, where Allen was held for 13 months.
Drang said he was on watch duty for Allen when he was put on suicide watch. He said he kept a log of Allen during the day, every 15 minutes.
Log sheets from Drang's time watching Allen were entered as evidence.
A log sheet from April 5, 2023 reads as follows:
- 8:46 a.m. - I think coming to prison cured my depression and anxiety. Helped him find Bible/god.
- 9:52 a.m. - Slipped envelope under door. Said he wanted to confess to killing Abby & Libby & apologize to families.
McLeland asked if there was any training for Drang to tell when an inmate was faking a mental illness.
Drang said no.
McLeland asked if Allen had any mental health triggers.
Drang said when he would get on the phone with his wife.
Rozzi said, "So something as subtle as walking in and out of the cell was enough to trigger Allen?"
Drang said yes.
On the top right corner of the note, it says "3-5-23 Galipeau." But according to Drang's log, he didn't receive the note from Allen until April 5, 2023.
3:07 p.m. - The state's 31st witness is Michael Clemons, a correctional officer who served as a suicide watch companion for Allen.
Notes from Clemons' log were entered in as evidence. The notes from April 7, 2023 read as follows:
- 7:30 a.m. "Offender says 'God I'm so glad no one gave up on me after I killed Abby & Libby'"
- 8:01 a.m. "Offender says 'I, Richard Matthew Allen, killed Abby & Libby by myself. No one helped me."
- 8:_ a.m. "Offender says 'I'm not crazy. I'm just acting like I'm crazy."
Clemons said Allen started acting different while at Westville but couldn't say how.
State's 31st witness, Michael Clemons, a Westville correctional officer
3:17 p.m. - Defense attorney Brad Rozzi performed the redirect with Clemons.
Rozzi asked Clemons if Allen said how he killed (the girls). Clemons said no.
Rozzi said at one point Allen was referring to God. He then showed Clemons' deposition. It referred to the "I'm not crazy. I'm just acting like I'm crazy." In the deposition, Clemons said Allen made the remark to inmates who were harassing Allen. They referred to Allen as a baby killer. Rozzi said that part wasn't in Clemons' log notes.
Clemons said he assumed Allen did not have a mental health issue.
Rozzi asked Clemons if he ever saw Allen banging his head or eating feces in his cell.
Clemons said no.
McLeland asked if Clemons thought Allen's behavior change was genuine.
Clemons said no. Clemons said Allen's behavior went back and forth from acting normal to acting crazy.
Rozzi asked if maybe Allen just "lost it."
Clemons said maybe.
Rozzi said prison can get to an inmate.
Clemons said yes.
Rozzi said, "You said you thought he was not crazy, mentally ill?"
Clemons said yes.
Rozzi asked if Clemons knew Allen was diagnosed with a mental health code, would that change his mind.
Clemons said yes it would.
3:30 p.m. - The state's 32nd witness is Westville correctional officer Michael Roberts. Roberts was assigned as a suicide companion for Allen and logged his activities in real time.
A section from Roberts log was entered as evidence. It is marked April 7, 2023 and reads as follows:
- 12:34 p.m. - Dear Lord, forgive me for molesting Abby, Libby and Chris. Dear Lord, forgive me for molesting Abby, Libby, Kevin & and Chris. I want to confess. I know a lot more.
A note marked April 13, 2023 reads as follows:
- 8:15 a.m. - What more do I got to do?
A note marked April 23, 2023 reads as follows:
- 2:00 p.m. - I killed Abby & Libby. My wife wasn't involved. I want to confess.
A note marked April 26, 2023 reads as follows:
- Can I talk? Can you listen I killed Abby & Libby? How do I prove I'm insane?
A note marked June 18, 2023 read as follows:
- 3:30 p.m. - Why are you doing this? Do you know God? Do you know why I'm here? I killed Abby and Libby.
A note marked June 21, 2023 read as follows:
- Do I make you mad? Did I tell you about my wife? I killed Abby and Libby.
Roberts said Allen was normal, coherent and talkative - if a little scared - when he arrived at Westville. Roberts said after a few months, Allen's behavior changed. Roberts said Allen made it seem like he couldn't hear you and couldn't talk.
Roberts said he saw signs, "outrageous things to make you gasp" of misbehavior and get attention when watching. Roberts said Allen was more acting up than having mental health issues.
Roberts said when Allen talked to the chaplain, he talked about his family.
State's 32nd witness, Michael Roberts, a Westville correctional officer
3:43 p.m. - Defense attorney Brad Rozzi performed the cross examination.
Rozzi asked if Allen was concerned about his family. Roberts said yes, and that Allen started acting up when his lawyers came.
Rozzi asked if Roberts had any formal mental health training. Roberts said only what the state provided.
Rozzi asked if Roberts kept detailed logs. Roberts said yes.
Rozzi said that Allen started smearing feces all over his cell. Roberts said yes.
Rozzi asked if Roberts called Allen a "pain in the butt." Roberts said Allen made more work.
Rozzi said it's two different things, smearing feces and eating them. He asked Roberts if Allen ate the feces, would that change Roberts' mind about Allen's mental health. Roberts said he would have to observe it himself.
Rozzi asked if inmates yelled names at Allen. If they called Allen a "baby killer" and told him to kill himself. Roberts said yes.
Rozzi said Allen put feces on his face for two hours. Roberts said yes and that he told mental health right away but did not react to it.
Rozzi asked how long someone had to sit with feces on their face for Roberts to consider them crazy?
Rozzi also asked if Allen asked Roberts to read Allen his last rites. Roberts said yes.
Roberts remembers Allen hit his head on the wall for a long time. He said Allen's face was black and blue.
Rozzi said Allen refused food for a long time. Roberts said yes.
Rozzi said that companions were going back to the general population and spreading information about Allen "like wildfire."
Roberts said yes.
Rozzi asked if Allen accepted what happened to him. Roberts said yes.
Rozzi brought up more sections from Roberts' logs.
One excerpt read as follows:
- 1:15 - Ran in place naked. "I will never again smoke in my life." "God I'm sorry I'm wasting your time." "I'll never cheat on my wife again." Rolling on the ground.
Another excerpt read as follows:
- April 13, 8:45 - "I swear I never cheated on the cigarette."