Special Judge Fran Gull has denied two motions from the defense team representing suspect Richard Allen.

Attorneys Andrew Baldwin and Brad Rozzi had previously filed two motions: one asking for sanctions against the State and to compel the prosecution to turn over any new discovery, and the second asking for a complete dismissal of charges.

Judge Gull ruled Friday the defense team failed to prove Carroll County Prosecutor Nick McLeland and his team acted in bad faith when some evidence in the case was lost, which was confirmed by the State. Certain police interviews and other material have been taped over or lost since the bodies of Abigail Williams and Liberty German were found in February of 2017. Gull also ruled the defense failed to prove any potential exculpatory evidence would have proven Richard Allen’s innocence.

Friday’s order says the defense’s entire exculpatory argument is based on one alternate suspect. Gull says the defense has failed to provide any evidence countering the State’s evidence which originally cleared that individual.

When it comes to sanctions, Judge Gull ruled the defense did not properly take action to come to an informal compromise with the prosecution when discovery evidence issues came up. Therefore, there’s no reason to sanction Prosecutor McLeland, argues Gull.

The judge did establish a time limit for the prosecution. Any new discovery will have to be turned over within seven days of receipt. Both the State and defense are ordered to exchange a list of trial exhibits by October 1st.

The trial is scheduled to begin October 14th and will continue through November 15th in Carroll County.

There’s a hearing set for next Friday, August 23rd. It’s unclear what will be discussed during that hearing.

The public will be restricted from part of that hearing.