Officer: Allen's absence known

Detectives knew Columbus Allen Jr. II, then a suspect in the murder of a California Highway Patrol officer, wasn't in his Stockton home.

Stanislaus County sheriff's detective Randall Watkins said he knew Allen was at the Stockton police station giving a statement to police the morning of Feb. 17, 2006, according to testimony Friday in Superior Court. Watkins said he believed Allen's wife Bertera was with him.

Still, detectives kept tabs on Allen's house and decided to raid it without a warrant after nearly two hours of surveillance that same day, after a news reporter threatened to knock on the front door.

According to earlier testimony, authorities worried there might be a second suspect at large in the killing of CHP officer Earl Scott. They worried the reporter might be taken hostage or evidence destroyed inside.

But Watkins portrayed the media as mostly respectful of police. They were stationed behind police vehicles during the sweep of Allen's house, Watkins said.

A search warrant wasn't obtained until five hours later. Until then, Watkins said, it was common practice for detectives to "sit on our hands," not searching Allen's possessions until a warrant had been signed.

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.

Allen's attorney, John R. Grele of San Francisco, questioned the Stockton detective who wrote the affidavit for the search warrant of Allen's home about several omissions in the document, including:

• Two witnesses who provided sightings that were inconsistent with a description of Allen

• A gunshot residue test of Allen's hands that came back negative

• A juvenile who told a school official that someone in his house claimed to have shot a police officer in the face that day

Allen, 33, is accused of killing 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 Tuesday.

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