Tuesday, November 18, 2008

Lead attorney is cut loose on defendant's objection

By SUSAN HERENDEEN
sherendeen@modbee.com

last updated: September 20, 2008 02:23:36 AM

A high-profile trial of a Stockton man charged in the slaying of a California Highway Patrol officer won't go forward Oct. 14, because defendant Columbus Allen Jr. II persuaded a judge to release a lawyer who has spearheaded his defense for two years.

Allen prevailed at the end of a hearing in Stanislaus County Superior Court that was held behind closed doors Wednesday and Thursday. Friday, a hearing scheduled to discuss pretrial motions was called off.

Defense attorney Ramon Magaña said a breakdown in communications led to his departure, adding that he cannot disclose the nature of the conflict. Such motions are common, he said, and only are granted if a defendant can articulate specific disagreements that make an adequate defense impossible.

"You can hate each other and still go forward," Magaña said.

The shift puts attorney John R. Grele of San Francisco, who signed on to help with death penalty issues, in the driver's seat.

The court likely will appoint another defense attorney to back up Grele, because the American Bar Association recommends that defendants in capital cases have at least two lawyers.

The Stanislaus County district attorney's office has charged Allen with first-degree murder and three special circumstances that could bring the death penalty. Just when the two-month trial will be rescheduled is up in the air, but Grele noted that cases involving the death penalty usually take some time to get to trial.

"The average time to trial for a capital case in Modesto is somewhere between four and five years," Grele said.

Allen, 32, is suspected of killing officer Earl Scott during an early morning traffic stop Feb. 17, 2006, on northbound Highway 99, just south of Hammett Road, near Salida. The officer was found gripping registration papers for a Nissan Maxima registered to Allen's wife, Bertera.

A few hours after Scott's death, Allen and his wife went to the Stockton Police Department to report that their car had been stolen. Allen was detained for questioning, arrested a few hours later and is being held without bail.

Prosecutors allege that tests found gunshot residue on Allen's clothing, and cell phone records suggest Allen's phone was used in the vicinity of the fatal shooting, which is believed to have occurred about 4:40 a.m.

Allen's alibi, that he spent the night at the Stockton home of a rap music producer, fell apart quickly. The music producer told authorities Allen showed up shortly after 6 a.m., and a woman who had a romantic relationship with Allen told authorities Allen spent the night in her Modesto home.

As the case progressed in court, Allen made several attempts to dump his lawyers.

Initially, Allen sought to have the public defender's office removed. A judge turned him down but the office eventually declared a conflict of interest and opted out. The scenario repeated itself with a firm that is retained to handle cases the public defender's office cannot take.

Magaña was the third lawyer brought on to handle Allen's case, and he seemed to have a rapport with his client, but still found himself trying to smooth over several outbursts Allen made in the courtroom, including a flare-up in February when Allen told the court he wanted to defend himself.

In court, Allen has complained about the slow pace of his case and faulted his lawyers for failing to share information with him.

Judge Hurl Johnson's latest ruling puts the timetable for trial in limbo, but two motions pending before the court, to move the trial to another county and to suppress statements Allen gave to authorities before he was arrested, will be heard Oct. 7 and Oct. 14.

Chief Deputy District Attorney Alan Cassidy, the lead prosecutor, said he hopes to keep the case on track for trial without much delay, though he understands the court must protect the trial's integrity and Allen's right to an adequate defense.

A new defense attorney won't have to start from scratch, the prosecutor said, because Magaña and Grele did a thorough investigation to prepare for trial.

To comment, click on the link with this story at www.modbee.com. Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.

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