A court hearing will be held Friday to determine if a 2018 criminal case against an Edinburgh man can finally move forward after three years of delays.
Teddy A. Allman, 50, who resided on North Lincoln Street, is accused of rape as a Level 1 felony, criminal confinement while armed with a deadly weapon as a Level 3 felony, and intimidation as a Level 5 felony. In a separate case, Allman is also facing a 2018 charge of failure to register as a sex or violent sex offender.
Friday’s hearing before Bartholomew Circuit Court Judge Kelly Benjamin is scheduled to begin at 1:30 p.m.
Investigators say that on the morning of Sept. 10, 2018, Allman broke into a mobile home near Elizabethtown, where he raped and battered the female occupant. When police arrived, the victim was able to immediately identify her assailant, and Allman was taken into custody later that day, a spokeswoman for the sheriff’s department said.
But what followed were postponements that included a dozen rescheduled jury trial dates, five postponed change-of-plea hearings, and three changes of attorneys, according to online court records. Coupled with the delay of all cases stemming from COVID-19, Allman’s case has moved very little since his arrest.
Some of the defendant’s motions filed in court may be unconventional, such as a March 28, 2019 request that charges be dropped on the basis of Allman’s interpretation of biblical passages and religious freedoms.
Competency hearings were held after Allman was examined by two court-appointed psychologists. The court determined he was competent to stand trial on Feb. 19, 2020.
For a period of time, Allman was allowed to serve as his own attorney after his third public defender was dismissed. Each time a defendant’s lawyer is replaced, court hearings are normally delayed to allow the defense attorney to become familiar with the case and plan a defense.
One of Allman’s first motions as his own lawyer was to ask the court for assistance in filing charges against the Bartholomew County Sheriff’s Department, which had found the defendant violated at least five jail rules or regulations, according to online records. His request was denied.
Those same records show that on June 30, Allman asked to be released on his own recognizance. Again, his request was turned down.
Next, he asked that charges be dismissed against him on a variety of grounds ranging from clerical errors to what he claimed was false information admitted into the court record. In each case, the request was denied, online records state.
However, some of the delays in the case were requested by the previous attorneys who represented the defendant.
On Aug. 26, the court appointed William E. Happel as a public defender for Allman.
If no further delays or continuances are filed on Friday, a change of plea hearing will be held on Nov. 1 at 10:30 a.m. The tentative trial date is Jan. 11, starting at 8:30 a.m.
