“font-family: Verdana; font-size: 9pt;”>Four months ago, a team of

lawyers tried to prove the innocence of George Allen, 55, a man

convicted of a 1982 murder and rape, by presenting new evidence to

a

Missouri

“font-family: Verdana; font-size: 9pt;”>court.

“font-size: 9.0pt; font-family: Verdana;”>On Friday, the lawyers

submitted an amended petition to the Cole County Circuit Court with

further evidence that calls into question Allen’s conviction 30

years ago, including lab findings that were never turned over to

Allen’s attorney.

“font-size: 9.0pt; font-family: Verdana;”>In Allen’s trial,

prosecutors produced no physical evidence or eye witnesses that

connected Allen with the stabbing of Mary Bell, 31, in her

apartment in the LaSalle Park neighborhood on Feb. 4,

1982.

“font-size: 9.0pt; font-family: Verdana;”>The new uncovered

evidence shows that Allen could not have been the source of the

semen found at the scene, the petition states.

“font-size: 9.0pt; font-family: Verdana;”>Allen’s advocates hope

the new evidence will persuade Attorney General Chris Koster to

move quickly to release him, said Barry Scheck, co-director of the

Innocence Project, which has been working on Allen’s case in

collaboration with Bryan Cave LLP.

“font-size: 9.0pt; font-family: Verdana;”>A spokeswoman for the

Attorney General’s office told The St. Louis

American, “We are in the process of reviewing the

case.”

“font-size: 9.0pt; font-family: Verdana;”>Since Allen’s original

petition was filed on Sept. 26, 2011, his lawyers and Koster’s

office conducted further investigations into Allen’s

case.

“font-size: 9.0pt; font-family: Verdana;”>“Every single piece of

evidence unearthed during the past four months either confirms or

further proves that police withheld critical, exculpatory evidence

and that Mr. Allen is innocent,” the Feb. 17 petition

states.

“font-size: 9.0pt; font-family: Verdana;”>In the original petition,

attorneys established, through DNA evidence and previously

undisclosed serology testing, the presence of semen on the robe

that the victim was wearing when she was attacked that didn’t match

the DNA of Allen or of the victim’s known sexual partners.

According to scratched out markings on a report from the analyst

who performed the serology, the semen came from a donor with B

antigens.  

“font-size: 9.0pt; font-family: Verdana;”>Since that filing,

attorneys deposed the St. Louis Police Crime Lab serologoist Joseph

Crow about the scratched out marking. He claimed to have no

independent recollection of the testing, but after reviewing the

documents, he said that he believes he obtained what he referred to

as a “weak” reaction for B antigens on the robe, wrote the B

antigen finding on this worksheet, but later decided to delete the

finding before the final lab report was typed up. 

“font-size: 9.0pt; font-family: Verdana;”>An affidavit filed Friday

from a nationally recognized serology expert confirms that Crow was

obligated to report the results and turn them over to the defense

even if they were, as he claimed, “weak” results. The expert said

the test Crow was using does not allow for false positives, so even

a weak result means the B antigen is present. 

“font-size: 9.0pt; font-family: Verdana;”>George Allen’s blood type

excluded him as the source of the B antigen. 

“font-size: 9.0pt; font-family: Verdana;”>Moreover, Crow has now

admitted that he cannot rule out the fact that he may have known

George Allen was excluded by the B antigen before he decided to

cross out the finding.

“font-family: Verdana; font-size: 9pt;”> 

“font-size: 9.0pt; font-family: Verdana;”>Unreliable

confession

“font-family: Verdana; font-size: 9pt;”> 

“font-size: 9.0pt; font-family: Verdana;”>In papers filed Friday,

attorneys also point to new evidence that the police investigating

the crime were concerned about the reliability of Allen’s

confession. 

“font-size: 9.0pt; font-family: Verdana;”>Although police were

looking for another person when they arrested Allen, they decided

to interrogate him anyway. Allen, who is a diagnosed schizophrenic

and had been admitted to psychiatric wards several times,

eventually ended up making a recorded confession. On the recording,

Allen informs the officers that he is under the influence of

alcohol. Throughout the interrogation, the officer prompts Allen to

give him answers to fit the crime, often asking Allen to change his

answer to do so. 

“font-size: 9.0pt; font-family: Verdana;”>Attorneys recently

deposed Detective Ron Scaggs, one of the detectives involved in the

interrogation. When asked whether he recalled questions being

raised within the department about whether or not this was a good

conviction, he admitted that “we were iffy about it.” 

“font-size: 9.0pt; font-family: Verdana;”>He also confirmed that

there were problems with the way the interrogation was conducted

and agreed that it “was not the way that [he was] trained to do

interrogations.” He agreed that Detective Herb Riley, the head

investigator on the case, asked “leading questions” and that this

“runs the risk that you would be inadvertently suggesting to a

suspect how to answer a question.” 

“font-size: 9.0pt; font-family: Verdana;”>He also agreed that it

was problematic to have shown Allen photos during the interrogation

because “you may be inadvertently feeding information that you, the

investigator, would prefer to get from the suspect himself to make

sure that you’re getting reliable information that only the police

and prosecutor would know.” 

“font-size: 9.0pt; font-family: Verdana;”>He acknowledged that

several of Allen’s incorrect claims about the crime were “red

flags” that Allen’s confession may not be reliable. 

“font-size: 9.0pt; font-family: Verdana;”>Additionally, the diagram

Allen drew of the crime scene was inaccurate and never turned over

to defense, as required by law. 

“font-size: 9.0pt; font-family: Verdana;”>“Mr. Allen’s mother has

been waiting for justice for a very long time,” said Olga Akselrod,

Innocence Project staff attorney. “Hopefully the evidence uncovered

in today’s filing will finally end this terrible

injustice.”

“font-size: 9.0pt; font-family: Verdana;”>A copy of the Amended

Petition for Writ of Habeas Corpus that was filed Friday in the

Circuit Court of Cole County is available at: 

“http://www.innocenceproject.org/Content/Legal_Documents_from_Allen_v_Dormire.php”>

http://www.innocenceproject.org/Content/Legal_Documents_from_Allen_v_Dormire.php

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