Down the Hill_The Delphi Murders_FINAL_p.webp

About the Project

This project was inspired by the courage of Abigail Williams and Liberty German who were murdered February 13, 2017 in Delphi Indiana. Despite providing law enforcement with audio and video evidence of their murderer, no arrests have been made almost 5 years later. The investigation has been shrouded in secrecy.

The Delphi Voice Project is committed to finding justice for Abby and Libby through legal advocacy, research, education, policy initiatives and investigative journalism. Please join us in solving this case and starting a movement that will focus resources on solving cold cases involving murdered children.

The Issues

This case involves a number of legal issues including a victim's right to due process, the victim's right to privacy, the rights of murder victims, and the rights of child victims. Procedural due process rights of victims at the investigatory stage are also germane and involve police oversight and accountability. Community members are also considered victims and may be able to invoke legal standing.

Victim's Right to Due Process

A number of complex issues are presented with respect to the due process rights of Abby and Libby as well as the community of Delphi as crime victims.

The right to due process is guaranteed by the Fifth and Fourteen Amendments to the Constitution. The Fifth Amendment states the "no person shall be deprived of life, liberty, or property with due process of law." While due process rights were initially applied to criminal defendants, the victims' rights movement has successfully argued victims also are imbued with certain procedural and substantive due process rights.

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Procedural due process deals with the procedures the government employ in criminal matters and include the right to an attorney, the protection from double jeopardy and the right to a fair and impartial jury. The Supreme Court has held procedural due process also extends to police investigations and involve issues relevant to searches and seizures and interrogations. Victims' rights advocates have successfully argued that victims also have certain due process rights that extend to the investigation into their victimization and rights that must be protected in their interactions with criminal justice actors such as the police. Many states, including Indiana, have codified these procedural due process rights in victims' rights laws.

Victim's Right to Privacy

While victims have a right to due process, they also have a right to privacy. Indiana law specifically grants crime victims the right to be treated with fairness, dignity and respect by criminal justice actors. Indiana also restricts access to autopsy reports to limited individuals besides law enforcement but does allow victims' families access. Indiana law also requires coroners to disclose to the public "the probable cause, probable manner, and probable mechanism of death."

A Note About Abby and Libby's Families

The Delphi Voice Project is choosing not to involve any family members in respect of their right to privacy. We do hope they take comfort in the profound impact their daughters' courage has had on so many people.

STATEMENT REGARDING THE VIABILITY OF SUSPECTS

We take no position on the guilt or innocence of James Brian Chapman but rather, based on the information available, he seems to be a credible suspect. It has been 7 months since he was arrested in Tippecanoe County and charged with attempted murder, two counts of child molesting, kidnapping, criminal confinement, battery with serious bodily injury and strangulation. At that point, the multi-agency task force had been investigating the murders of Abby and Libby for over four years. Soon thereafter, Sheriff Leazenby issued a media blackout indicating he would answer no more questions regarding the investigation into Chadwell.

We contend investigators have had more than a reasonable period of time to determine if Chadwell should face charges. The investigation is nearing five years with no arrests despite Libby providing law enforcement with both video and audio evidence of the murderer. The investigation has been shrouded in secrecy.

Investigators have cited the goal of maintaining the "integrity" of the case as the primary reason they have released so little information. Their definition of case integrity has never been thoroughly explained but most observers understand it to mean the investigators do not want to release any information that would compromise the defendant's ability to get a fair trial. At the nearly five year mark, these assertions are no longer adequate. It is the position of The Delphi Voice Project that Abby and Libby have a legacy right to procedural due process meaning the investigation is subject to review and independent oversight. Law enforcement officers are investigators. The Delphi community and Indianans, in general, have the right to basic information regarding an investigation that deeply affects them unless there is a compelling law enforcement interest in keeping the information private or it would violate Libby and Abby's posthumous right to privacy.

Sheriff Leazenby has stated that any good defense attorney would file a motion to suppress evidence that was released to the public when, in fact, most motions to suppress evidence deal with illegal searches and seizures, confessions, and improper eye witness identification. Pretrial publicity would necessitate a change of venue motion but at this point, a change of venue would seem reasonable. It is the victims' best interests that all suspects' Constitutional rights are rigorously protected. But, it is also important that this investigation be opened up to the public regarding the investigation of James Brian Chadwell. If he is no longer a viable suspect, then The Delphi Voice Project hopes to enlist all legal and political tools available to bring oversight and accountability to the investigation.

When information has been released at a later date, there seems to be no rational explanation how its earlier release could jeopardize case integrity. For instance, investigators originally only released a picture of the murderer on the bridge. Two years later they released a short video but cannot explain how this might impact a defendant's ability to get a fair trial.

While law enforcement must be circumspect about releasing investigatory information to the public, a lack of police transparency can also threaten police accountability. With no oversight, the methods used cannot be assessed to determine if they are reasonable. Secrecy shields law enforcement from scrutiny. Law enforcement officers are public servants. The prosecutor is a public servant. And the Delphi community and the girls' families and friends are also victims.The Delphi Voice Project is committed to advocating on behalf of Abby and Libby to ensure they posthumously receive procedural due process resulting in justice in the form of an arrest. We hope you join us.

A Comment on Law Enforcement

The investigators in the Delphi Murders seem to be fine people. They are certainly capable officers based on their experience and careers. Doug Carter, in particular, is a very endearing and caring person. No one doubts they want nothing more that to solve this case and bring justice to Abby and Libby, their families, the Delphi community and the State of Indiana. This project is not personal.

However, this case has undoubtedly taken an emotional toll on everyone involved. Intense emotions can sometimes engender a myopic perspective, impervious to insights readily apparent to a more objective observer.

Unfortunately, there is an elephant in the room that must be acknowledged--that is, the possibility that James Brian Chadwell was, in fact, brought to the attention of the multi-agency Delphi task force but was not thoroughly investigated allowing him to brutalize the nine-year-old girl on April 19, 2021. We sincerely hope this is not the case and that the lack of law enforcement communication on their investigation of him has not been influenced by trying to distance themselves from the horrific facts in that case.

Newly released ISP supports credibility of Leigh Kerr

Cold Murder Cases

There's nothing cool about cool cases. These are murder cases that are not yet considered cold but at risk losing new probative leads. In some cases, new leads dry up within months. With more high profile cases, it can be years. Research shows that the likelihood a case will be solved decreases dramatically with time. According to the Washington Times, only 5% of murder cases that remain open longer than a year will ever be solved.

Analyzing the issues causing a murder case to go cold is a complex task in the best of circumstances. It is even more complex with the murder investigation into the deaths of Abby and Libby given the lack of transparency by law enforcement. With very little access to the information available to investigators, it is virtually impossible to accurately determine why an arrest has not been made. It's similar to the old saying "you don't know what you don't know."

Law enforcement has come under increasing scrutiny regarding the amount and types of evidence to release to the public. Consequently, public frustration has skyrocketed and confidence the case will ever be solved has plummeted. As the case has progressed, the focus, organization, and objectives of the investigation seem increasingly chaotic and dysjointed.

Investigators have been criticized in the amount of evidence and types of evidence. They have cited a concern with maintaining the integrity of the investigation but failed to elaborate. As they have subsequently released information, many have questioned why it wasn't released in the first place. Serious questions remain as to whether the release of certain information might lead to an arrest. While false confessions may occur, after five years, that is a risk that can be justified. After five years, an independent auditor must review the case file to determine if the strategies, justifications, and means employed can be justified.

The sensational nature of the few press conferences held undermines public confidence in the investigation. Doug Carter's direct communication in a press conference with the perpetrator was cringeworthy. There is no evidence that you will shame him into turning himself in. As the famous profiler Pat Brown commented, "you don't play games with a psychopath!" Press conferences should be organized, methodical and focused on updating the community on the case strategies and progress.