The judge appointed to the Delphi murder case has recused himself. Judge Benjamin Diener [Day-ner] will be replaced by Judge Fran Gull of Allen County, says Kathryn Dolan, public info officer with the Indiana Supreme Court. Judge Diener made headlines Thursday, saying the public’s “blood lust” for public information was toxic and extremely dangerous. He said some media were making YouTube videos about him and his family, and that he and his staff didn’t feel safe. Richard Allen, the Delphi murders suspect, has been moved to a state facility on orders from Judge Diener.
This is the statement issued to the media regarding this decision:
In my role as the Supreme Court Public Information Officer I have worked with many of you related to questions about both trial and appellate work. I appreciate your many efforts to ensure accurate information is conveyed to the public through your reporting.
As you know, judges (and staff) cannot speak about an ongoing case. However, procedural information can be provided. I am sending this email in an effort to provide you with accurate procedural information.
First, court information can be found at mycase.in.gov. Case information and certain documents are available to the public. Confidential cases and confidential records are not available through the public portal.
Second, trial court judges can recuse from a case (for a variety of reasons) through an order. That order is public record. A judge does not have to explain a reason for recusal. When that occurs, the Indiana Supreme Court appoints a Special Judge to hear the case (through its Office of Judicial Administration).
In case 08C01-2210-MR-1, Carroll County Judge Benjamin Diener has recused. 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.
Indiana Supreme Court
Chief Public Information Officer
Office of Communication, Education, and Outreach”