For Immediate Release Updated from 11/7/12

Contact: Susan Ryan Susan.c.ryan@att.net 314-304-6800

St. Louis Circuit Attorney Will Not Retry George Allen

November 14, 2012, St. Louis, MO - Cole County Circuit Judge Daniel Green granted George Allen habeas corpus relief in connection with his conviction for the 1982 murder, rape, sodomy and burglary of Mary Bell in the City of St. Louis. Judge Green found that the cumulative effect of the Brady v. Maryland violations by the St. Louis Metropolitan Police Department deprived Mr. Allen of his right to a fair trial in 1983. Specifically, Judge Green found that police neglected to provide prosecutors with a map or diagram of the crime scene drawn by Mr. Allen and with criminalists notes discussing lab testing. Since the trial prosecutor did not have and did not know about these items, the items were not made available to Mr. Allens attorneys at trial, which would have been required by law. Judge Greens ruling specifically finds that there was no evidence of prosecutorial misconduct, but rather, a failure of police to provide information to the Assistant Circuit Attorney assigned to the case. Judge Greens ruling sent Mr. Allens case back to the St. Louis Circuit Court and to the Circuit Attorneys Office to make the decision whether Mr. Allen will be retried for the 1982 crimes. We have reviewed the facts and evidence concerning this matter in order to evaluate the viability of retrying Mr. Allen, and we have determined that a successful retrial of this case would be unlikely. Nearly three decades have passed since the crime occurred. A central piece of evidence in Mr. Allens original trial was his recorded confession to Detective Herb Riley. Detective Riley, who was the only witness to Allens entire taped statement, died in December of 1996. Because Detective Riley is not available as a witness, we are unable to effectively use the taped confession as evidence in a new trial. Accordingly, we are asking that Mr. Allen be released rather than returned to the City of St. Louis. It is important to note that Judge Greens 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 is innocent, and many others believe strongly in his guilt. Judge Greens ruling does not

exonerate Mr. Allen, however, the failure of police to follow protocol during the initial investigation and trial is the reason Mr. Allen will be released. The goal of the Circuit Attorneys Office is to ensure justice is sought under the laws of the State of Missouri, said Jennifer M. Joyce, Circuit Attorney for the City of St. Louis. Its important for citizens to know that it is very rare for a case to be granted habeas corpus, considering the thousands of cases that are appealed each year across the state of Missouri. While I believe it is critically important to respect a jurys decision in criminal matters, I also believe it is essential that the rules of law are followed in every case by all members of law enforcement. Although this event occurred three decades ago, I believe this ruling provides an opportunity today for lessons to be learned to ensure the rights of all people are protected. I have spoken with SLMPD Chief, Dan Isom and City of St. Louis Public Safety Director, Eddie Roth about the need to ensure policies and procedures are followed in every investigation. Our office currently conducts training for new officers and there would be a lot of value in ongoing training, as well as a policy and procedure review. The current plan is to convene a committee to address this issue and the review of other recommendations, as soon as possible.

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