Raid of Allen home debated

A Stanislaus County sheriff's detective said he helped raid the Stockton home of Columbus Allen Jr. II without a search warrant because he feared for the safety of the media gathered outside.

Detective Jeff Reed testified Thursday in Superior Court that a news reporter told him she would knock on Allen's door unless the home were declared a crime scene.

Allen is accused of killing a California Highway Patrol officer during a routine traffic stop near Salida on Feb. 17, 2006.

"If there's actually a cop killer inside, I was worried about a possible hostage situation," Reed said.

The testimony came during a hearing to contest or nullify search warrants of Allen's house, phone records and computer. Judge Hurl Johnson must decide if any of the evidence collected during those searches should be thrown out.

Reed said he couldn't tell if Allen's house was occupied but saw a woman walk out from the two-family duplex as many as nine times. Reed said he also worried about evidence being destroyed.

Allen's attorney, John R. Grele of San Francisco, asked why detectives didn't approach the woman during their surveillance of the Allen residence.

"You're telling us that you may have been concerned about the destruction of evidence, but you didn't take any action?" Grele said.

When authorities kicked down Allen's front door about 10:45 a.m. on Feb. 17, no one was home. Law enforcement officers watched TV and used the bathroom, but conducted no search until a warrant was signed about five hours later, according to testimony.

Grele showed news footage to Reed and noted that the media was not gathered on the Allen property.

"There's no media on your back, is there?" he asked Reed.

Allen himself sparred with the judge earlier in the hearing as he tried to speak out in his own defense.

"I said you be quiet, that means you be quiet," Johnson told Allen. "That means you shut up."

It's not the first time Allen has spoken up to the judge. He also has quarreled with Johnson over demanding new lawyers and a speedy trial.

Allen, 33, is accused of killing CHP officer Earl Scott about 4:40 a.m. Scott's body was found at the edge of northbound Highway 99, just south of Hammett Road near Salida, holding registration papers for a Nissan Maxima registered to Allen's wife, Bertera.

Testimony continues today.

Bee staff writer Merrill Balassone can be reached at mbalassone@modbee.com or 578-2337.