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No quick trial for CHP shooting suspect |
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Written by Xiuhcoatl
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Mar 23, 2006 at 02:21 PM |
No quick trial for CHP shooting suspect
By SUSAN HERENDEEN
BEE STAFF WRITER
Last Updated: March 23, 2006, 11:15:44 AM PST
Source: Modesto Bee
A Stockton man who is accused of murdering a California Highway Patrol
officer during a traffic stop won't get the quick trial he demanded, a
Stanislaus County Superior Court judge said Thursday morning.
Columbus Allen Jr. II told the court he wanted to invoke his
constitutional right to a preliminary hearing within 10 days of his
arraignment, and have a trial within 60 days.
Judge Hurl Johnson sided with Allen's defense attorneys, who said they
need at least a month to review investigative reports and tapes, hire
experts and test the evidence.
Johnson said Allen's speedy trial rights do not trump his right to
effective counsel. The judge said he will consider the case again on
April 24, after attorneys from the public defender's office do some
work.
Allen was irritated by the ruling, and his attorneys, and he told the court he wanted "qualified counsel."
The judge ignored him. Last week, the judge said Allen could not dump his defense team, as requested.
Johnson also heard arguments about a proposed protective order,
commonly known as a gag order, which would ban communications between
attorneys and the media, the release of investigative reports and any
commentary by witnesses or the defendant.
Deputy Public Defender Geoffrey Canty said his office cannot
effectively defend Allen unless he respects the privilege that attaches
between client and attorney.
"Order him not to speak," he said.
The judge said he has little leverage to quiet Allen, who is being held
without bail and is facing the death penalty, if convicted.
Johnson said he will issue a ruling on the request for a gag order this afternoon or tomorrow.
Allen, who has been calling The Bee from the county jail, asked if he could be heard.
"Is my opinion relevant?" he said.
"No," Johnson replied.
Allen, 30, has pleaded not guilty to a first-degree murder charge and
three special circumstances that could lead to a death sentence.
He is accused of shooting CHP officer Earl Scott during an early morning traffic stop just north of Salida on Feb. 17.
Allen was arrested within hours of Scott's death after he showed up at
the Stockton Police Department to report his wife's 1990 Nissan Maxima
as stolen.
Scott, a five-year CHP veteran, was holding registration papers from
the Nissan when his body was found on the side of Highway 99, near
Hammett Road. |
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