Rocky start to hearing for alleged CHP killer

By Merrill Balassone
mbalassone@modbee.com

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The third day in a hearing to throw out evidence against accused killer Columbus Allen Jr. II got off to a rocky start this morning in Stanislaus County Superior Court.

Defense attorney John R. Grele of San Francisco was admonished by a judge for being late. Grele then told the court he pulled an "all-nighter" preparing a brief for the Ninth Circuit Court of Appeals and was unprepared to continue.

"I spent no time over the weekend on Allen," Grele said. "I haven�t even slept."

After Judge Hurl Johnson told Grele to proceed, Allen asked for a Marsden hearing, which allows the court to hear the defendant�s problems with their attorney.

After the hearing, Deputy District Attorney Carolyn Matzger and Grele sparred over who would call the day�s first witness.

"She�s more prepared than you, perhaps," Johnson said.

"I think it's better, if I'm unprepared, to be the first questioner," Grele said.

Testimony finally began around 10:15 a.m., about 45 minutes later than scheduled.

Allen, 33, is accused of killing CHP officer Earl Scott about 4:40 a.m. Feb. 17, 2006. Scott 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.

At the end of the morning session, Allen asked a group of court bailiffs if he could bring his notes with him. "You don�t need them," one said.

Allen insisted. He was ushered forcefully from the courtroom.

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