It was apparently decided pre-trial. The defense had all the confessions on their list of evidence, the prosecution had 7.
The obviously false confessions are evidence that goes to the infamous false confession defense.
A lot of jurors (who never heard the discussion about which were to be admitted) would want to hear a smattering.
There are several areas where this could result in an appeal that at least goes above state appellate court. Another one has to do with planting someone in the cell next to him, etc.
I do think he will likely stay convicted in that particular region, with that particular set of appellate judges, but it would have been to his advantage in making the false confession defense.
If his defense team doesn't bring it up on appeal, then I think they are incompetent (which is another possible appeal).
And then of course, there's the fact that he was kept alone in a
lit cell for 13 months (said the prison psychologist on the stand).
"This isn't over at all," a visibly upset Kathy Allen, Richard Allen's wife, said as she left the courthouse Monday, hinting at an inevitable appeal.
www.indystar.com
Apparently the composite pictures (based on witnesses near the bridge that day and on the photo) were not allowed into evidence either.