The Special Judge in the Delphi murders case says the defense for suspect Richard Allen has not proved that missing evidence shows someone else may have committed the crimes.

Law enforcement officials investigating the girls’ deaths initially conducted interviews on DVR tapes that were recorded over.

Special Judge Fran Gull ruled Tuesday she’s convinced the interviews being recorded over was done by mistake. Her ruling to deny Allen’s motion to dismiss the two murder charges followed.

Gull says Allen’s attorney’s did not show missing evidence could have proven someone else killed Abigail Williams and Liberty German in 2017. Gull also claims they did not prove that evidence was destroyed intentionally.

Allen’s trial is scheduled for May 13th.