Suspected cop killer waiting on decision by appellate court

After 4½ years in his downtown Modesto lockup, Columbus Allen Jr. II has a new home in Sacramento County's main jail.

There, he'll wait out a Fresno court's decision on whether the Sacramento judge assigned to preside over his murder trial will stay on the case.

Just how long the wait will be is unclear.

Allen, accused of killing California Highway Patrol officer Earl Scott in February 2006, was whisked from the Modesto courthouse just before 3:30 p.m. Monday and into a waiting convoy of police vehicles.

He was booked into the Sacramento jail at 5:15 p.m., a facility about five blocks from the courthouse where he is expected to be tried on murder charges.

"It was absolutely seamless," Stanislaus County sheriff's Sgt. Glenn Cadwell said of Allen's transfer.

As Allen was on his way to Sacramento for his trial proceedings that had been scheduled for Tuesday, the 5th District Court of Appeal in Fresno put a halt to them.

The court is reviewing a defense attorney's motion to take Sacramento Superior Court Judge Patrick Marlette off the case. In its ruling, the court gave no timetable for its decision.

Hours earlier Monday, a Stanislaus County judge seemed to clear the way for Allen's trial to start, denying defense appeals seeking to move the proceedings from Sacramento.

Defense attorney John R. Grele cited his pending divorce and child custody issues as well as potentially prejudicial media coverage of the case by Sacramento television stations as reasons to move the case to Alameda County.

Grele and co-counsel Martin Sabelli also sought to postpone the trial because of delays in receiving potential evidence in the case.

Allen, 34, of Stockton, could face the death penalty if convicted of murdering Scott, who was shot Feb. 17, 2006, about 4:40 a.m. after he stopped a speeding vehicle near Salida.

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