Credibility of murder witnesses questioned

Father, son thought key to Allen prosecution face own legal troubles

By SUSAN HERENDEEN
sherendeen@modbee.com

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A father and son who are key witnesses against the Stockton man suspected of shooting a California Highway Patrol officer to death during a traffic stop two years ago could have some big credibility issues if they take the witness stand this spring.

The father, rap-music producer Christopher Hicks of Stockton, destroyed the alibi of defendant Columbus Allen when he testified during a grand jury hearing seven months ago, but prosecutors never asked about the drugs and weapons found in Hicks' home, something a defense attorney surely would point out.

And a son who backed up his dad, 17-year-old Dujuane Hicks, was recently arrested and charged with murder in San Joaquin County.

The death of CHP Officer Earl Scott: Continuing coverage

"One question I'm going to ask is, 'Mr. Hicks, where's your son?' " said defense attorney Ramon Magaña, predicting a likely scene when Allen goes to trial in March.

A crucial piece of evidence against Allen could be called into question, too, according to legal papers the defense filed in Stanislaus County Supe- rior Court. The papers will be the subject of debate Monday morning.

When the body of officer Earl Scott was found about 4:40 a.m. on Feb. 17, 2006, the officer was gripping registration papers from a 1990 Nissan Maxima owned by Allen's wife.

According to a transcript of a three-day grand jury proceeding that was held behind closed doors in June, prosecutors believe cell phone records place Allen in the vicinity when Scott was shot and killed, according to a transcript of that hearing.

But the defense contends that an initial check of Allen's cell phone turned up empty, failing to place him on the highway or in the vicinity at the time of the fatal shooting, it was asserted in legal papers.

And though the registration papers led the authorities to Allen, Scott had identification cards from three other people in his pocket, as well.

Magaña has asked for more information about each of these facts, and a whole lot more, in a discovery motion filed with the court. He says he needs more information so he can build a defense for Allen, 32, who is charged with first-degree murder and could be sentenced to death if convicted.

In response, the district attorney's office filed legal papers saying much of what the defense is seeking has been conveyed already or is out of bounds. Deputy District Attorney Alan Cassidy declined to comment.

The dispute is a routine matter in criminal trials: Prosecutors must turn investigative reports over to the defense, defense attorneys frequently complain that they cannot effectively represent their clients, because the authorities are hiding the ball, and judges settle the matter.

When they presented their case to the grand jury, prosecutors argued that Allen shot and killed Scott because Allen was driving on a suspended license and had a gun with him. As a felon who had been convicted of transporting cocaine in 1998 and auto theft in 1999, the possession of a weapon was enough to send Allen back to prison.

Allen told authorities that he was at Hicks' home on the evening before the shooting and stayed all night. Hicks and his son said Allen showed up about 6 a.m., cleaned mud off his shoes and asked Dujuane Hicks if he would trade jackets, a request the younger Hicks declined.

Magaña's laundry list of requests, which includes questions about the protocols used when authorities concluded that Allen had gunshot residue on his hands and sweat shirt hours after Scott was shot and killed, sheds new light on the high profile case.