For Immediate ReleaseUpdated from 11/7/12
St. Louis Circuit Attorney Will Not Retry George Allen
November 14, 2012, St. Louis, MO
- Cole County Circuit Judge Daniel Green granted GeorgeAllen habeas corpus relief in connection with his conviction for the 1982 murder, rape, sodomyand burglary of Mary Bell in the City of St. Louis. Judge Green found that the cumulative effectof the
Brady v. Maryland
violations by the St. Louis Metropolitan Police Department deprivedMr. Allen of his right to a fair trial in 1983. Specifically, Judge Green found that police neglectedto provide prosecutors with a map or diagram of the crime scene drawn by Mr. Allen and withcriminali
st’s notes discussing lab testing. Since the
trial prosecutor did not have and did notknow about these items, the items
were not made available to Mr. Allen’s attorneys at trial
,which would have been required by law. Judge Green
s ruling specifically finds that there wasno evidence of prosecutorial misconduct, but rather, a failure of police to provide informationto the Assistant Circuit Attorney assigned to the case.
Judge Green’s ruling
case back to the St. Louis Circuit Court an
d to the Circuit Attorney’s Office to make the
decisionwhether Mr. Allen will be retried for the 1982 crimes.We have reviewed the facts and evidence concerning this matter in order to evaluate theviability of retrying Mr. Allen, and we have determined that a successful retrial of this casewould be unlikely.Nearly three decades have passed since the crime occurred. A central piece of evidence in Mr.
Allen’s original trial was his recorded confession to Detective Herb Riley. Detective Riley, who
was the only witness to
entire taped statement, died in December of 1996. BecauseDetective Riley is not available as a witness, we are unable to effectively use the tapedconfession as evidence in a new trial. Accordingly, we are asking that Mr. Allen be releasedrather than returned to the City of St. Louis.
It is important to note that Judge Green’s ruling does not make a finding that Mr. Allen is
innocent of the crimes with which he was charged. Many people feel strongly that Mr. Allen isinnocent, and many others believe strongly in his guilt.
Judge Green’s ruling does not