Allen to stand trial in CHP slaying, Stanislaus judge rules

Indictment stands against man arrested in case

By SUSAN HERENDEEN
sherendeen@modbee.com

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After reading hundreds of pages and listening to three days of arguments, a judge sided with prosecutors who said there are no legal or procedural reasons to toss out an indictment that says a man who is suspected of killing a California Highway Patrol officer must stand trial for murder.

In a ruling issued Friday, Stanislaus County Superior Court Judge Nancy Ashley said Columbus Allen Jr. II must go to trial as planned. She shot down 18 arguments offered by the defense, saying prosecutors and court officials behaved appropriately when a grand jury heard evidence a year ago.

Defense arguments revolved around the prosecution's alleged failure to share exculpatory information with the panel, as well as questions about the validity of forensic testing and the process used to select grand jurors.

Continuing coverage: The death of CHP Officer Earl Scott

Prosecutors insisted that they followed proper protocols when they met with the grand jury behind closed doors.

The judge said Allen's case had been handled properly. Such defense motions are common and rarely granted.

Allen, 32, of Stockton, is suspected of killing officer Earl Scott during a traffic stop about 4:40 a.m., Feb 17, 2006, on northbound Highway 99, just south of Hammett Road near Salida.

The slain officer's body was found a few minutes after the shooting by a passing motorist who reportedly saw part of the crime scene in his rearview mirror. Scott was gripping registration papers from a Nissan Maxima registered to Allen's wife, Bertera.

Allen has been held without bail since a few hours after Scott's death. He was detained when he came to the Stockton Police Department and claimed that his car had been stolen. He was arrested a few hours later.

An Oct. 14 trial is scheduled.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.