Wednesday, Sep. 23, 2009

When did Allen become suspect?

Lawyer says cops erred in not reading his rights

A lead detective in the murder case against Columbus Allen Jr. II testified Tuesday that he considered Allen a possible car theft victim — not a murder suspect — when he went to interview Allen just hours after a California Highway Patrol officer was shot to death.

Officer Earl Scott was found dead on the edge of Highway 99 near Salida, holding the registration for a Nissan Maxima registered to Allen's wife, Bertera.

Frank Navarro, then a detective with the Stanislaus County Sheriff's Department, went to the Stockton police station, where Allen and his wife had reported their car stolen.

"You're telling me all you thought at the time was he was the victim of a car theft?" defense attorney John R. Grele asked incredulously in Stanislaus County Superior Court. "You think that's important to the prosecution's case, don't you?"

"I'm telling you the truth," said Navarro, now a Turlock police officer. "I'm here on the stand telling the truth."

Grele continued.

"So ... we have an officer killing case and the registration to a vehicle is found in the officer's hand and you had no idea the person driving the vehicle would be a suspect in the case?" Grele said.

"Right," Navarro responded.

The defense says Allen was indeed considered a suspect in the killing the morning of Feb. 17, 2006, and was being detained at the Stockton police station. Allen was not informed of his rights to remain silent, to consult an attorney or have an attorney provided at no cost during the nearly two-hour interview, Navarro said. Grele wants Allen's statement to police thrown out.

"I told (Allen) ... he was not under arrest and he was free to leave," Navarro said.

Grele pointed out a report from Modesto police Detective Al Brocchini that mentions Allen as a suspect early that day. According to Grele, Brocchini reported passing out photos of Allen and copies of Allen's rap sheet to detectives at the crime scene. Navarro said he never got that information.

Even before testimony began on the third day in the hearing to throw out evidence against Allen, things got off to a rocky start.

The judge admonished Grele, from San Francisco, for being late. Grele told the court he stayed up all night 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."

When Judge Hurl Johnson told Grele to proceed, Allen asked for a Marsden hearing, which allows the court to hear a defendant's problems with his or her court-appointed attorney.

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

"She's more prepared than you, perhaps," Johnson said to Grele.

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

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

Allen, 33, is charged with killing 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.

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.

Testimony continues Thursday.

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