Releasing a probable cause affidavit isn’t unusual in most trials.

But because of the high profile nature of the Delphi murder case, the probable cause affidavit has remained sealed under Carroll County Judge Benjamin Diener’s order.

That could potentially change in the next few days or weeks, but it could be released in a redacted version, says Robert Scremin, a former deputy prosecutor and police detective who has spent 35 years in the criminal justice system, nearly 25 years as an attorney.

Scremin, who has defended local murder suspects in Allen County, agreed to speak to WANE 15 regarding this case in which Abby Williams, 13, and Libby German, 14 were found killed on Valentine’s Day, 2017 off a trail near the Monon High Bridge in Delphi. Richard Allen, 50, has been charged with two counts of murder.

Scremin said the fact that Allen was charged under murder subsection 2 of code law allows for felony murder and “leaves the door open because there may be co-participants.” That particular code makes it easier for prosecutors because “they don’t have to prove intent.”

Felony murder means that the suspect has been charged with committing murder in the course of committing another crime. Those felony crimes could include rape, robbery, arson, kidnapping, torturing a living person, molestation and dismemberment.

Allen Superior Court Judge Gull, who has been appointed special judge in this case, allowed for a bail hearing scheduled for Feb. 17. However, Scremin feels it’s highly unlikely that Allen will be released on bail. Normally, murder suspects are held without bail and it would be “very unusual to grant bail whether it’s a high profile case or not,” he said.

Scremin also said it was “too early to speculate” on whether the defense would seek a change of venue or if prosecutors seek life without parole or the death penalty.

A pretrial date is set for Jan. 13 at 9 a.m. Once the omnibus hearing is scheduled, many of the outstanding issues may be decided between now and the omnibus date. Scremin believes between now and the pre-trial hearing the public can expect answers to questions regarding venue, life without parole and the death penalty.

Allen’s five-day trial is scheduled to begin March 20.