Traces of forensic tools are likely to play a large role in the Delphi murder trial

DELPHI, Ind. – An unfired .40-caliber bullet ejected from a semi-automatic pistol found on the ground between the bodies of Delphi teenagers Libby German and Abby Williams links murder suspect Richard Allen to the crime scene, according to reports from the prosecutor’s affidavit of probable cause.

It’s the only physical evidence the prosecution mentioned in that affidavit: tool marks examined on the bullet linked it to Allen’s Sig Sauer pistol.

“The cartridge was unused and showed trigger marks,” the court filing states.

However, Allen’s lawyers plan to call William A. Tobin, a metallurgical expert, as a witness in Allen’s upcoming murder trial, casting a shadow on the methodology of forensic toolmark examinations, according to a recent motion filed by Carroll County Prosecutor Nick McLeland.

McLeland has asked in his motion that Special Judge Frances Gull exclude Tobin from testifying about the forensic tool marking method used to match specific bullets, shell casings and bullet fragments to a specific firearm.

“Mr. Tobin testified that although he has not reviewed all of the materials (from the Indiana State Police Laboratory tool marking expert), he has what he normally needs to comment on the methodology used,” McLeland writes in his application. “Tobin further stated that the state firearms expert’s conclusions were based on flawed methodology.”

The prosecutor notes that Tobin is not an expert in firearms examination and therefore his testimony is not relevant.

“The probative value of Mr. Tobin’s testimony would be far outweighed by the risk of confusing the facts and misleading the jury,” McLeland wrote, citing a case in Marion County in which the judge barred Tobin’s testimony.

What are forensic tool markings?

Scott Owens, a tool marking and firearms examiner at the Indiana State Police lab in Lowell, recently testified about how he associates bullet casings with specific firearms. His testimony came in late July during an unrelated murder trial in Tippecanoe County.

“Firearms contain several small tools, such as the firing pin, breaking surface, extractor, ejector and several others,” Owens said. “The surface of these tools is unique and leaves characteristic marks when placed on a softer surface such as: B. press or scratch on it.” as a bullet or cartridge case.”

By comparing the markings on a bullet fired from a known sidearm with the markings on a bullet found at the crime scene, Owens said he was able to positively identify the firearm that left the markings.

“If upon comparison there is sufficient correspondence between the unique characteristics of two tool brands, it may be concluded that the same tool received both brands,” Owens said during the Tippecanoe County trial.

Prosecutors: There are only extractor markings on this floor

Based on what is publicly known, the bullet recovered between Libby and Abby’s bodies had not been fired, therefore there are no firing pin or fracture surface markings. This leaves only possible marks from the bullet extractor and ejector that bind the bullet to Allen’s pistol. The prosecutor’s affidavit only mentions extractor markings.

“The extraction mechanism removes a cartridge from the chamber, while the ejector discards the cartridge after extraction,” according to oxfordreferences.com.

Owens said during the trial in July that markings can be associated with a specific firearm.

“Individual characteristics are random imperfections, irregularities that occur only in a particular item,” Owen testified in late July when explaining how he can determine that bullet casings came from a particular firearm. “These are created during the manufacture, use and wear and tear of an item and can be used to identify a particular item as they are unique to that item.”

But the trial in which Owen testified also included firing pin markings on the casing’s primer.

“The extractor may leave a noticeable mark on the cartridge case,” states a published report on firearmsID.com. “This applies when the cartridge is fired or simply shot into the chamber by hand and pulled out without firing.”

Prosecutors allege that the squirter marks left on the bullet at the Delphi crime scene matched the squirter marks on bullets that Indiana State Police Laboratory personnel ejected from Allen’s pistol.

In the weeks leading up to Allen’s arrest on October 26, 2022, police seized his .40-caliber Smith & Wesson ammunition and pistol after a search of his home.

Smith & Wesson is a well-known manufacturer of ammunition and the .40 caliber is a common bullet size. Allen’s sidearm, a Sig Sauer, is also a commonly owned firearm.

Allen’s attorneys also listed Eric Warren as a witness, according to McLeland’s motion, which was filed Friday afternoon and made public Monday. Although Tobin questions the methodology of the Association of Firearm and Tool Mark Examiners, Warren is a member of that association and has held leadership positions there.

Allen’s trial begins with jury selection in Fort Wayne in the middle of the month. Once a jury is assembled, it will be seized and bused to the Carroll County area.

Opening statements, evidentiary and closing statements, and the verdict will all be delivered in Delphi at the Carroll County Courthouse.

Reach Ron Wilkins at [email protected]. Follow on Twitter: @RonWilkins2.

Traces of forensic tools are likely to play a large role in the Delphi murder trial

ByJasper

What are forensic tool markings?

Prosecutors: There are only extractor markings on this floor

By Jasper

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