Judge Dismisses Capital Murder Charges After Finding State Report "Intentionally Misleading"

On March 10, a North Carolina superior court judge released his opinion throwing out murder charges against Derrick Michael Allen, who was accused in the 1998 death and sexual assault of a 2-year-old girl. Judge Orlando Hudson dismissed the case after finding that a State Bureau of Investigation (SBI) report was prepared in an "inaccurate, incomplete and intentionally misleading manner.” Judge Hudson also found that an SBI agent (now suspended) and a former assistant district attorney working on the case “decided to stop further testing of items for DNA testing because they believed further testing of physical evidence of the case would not prove inculpatory to the defendant Derrick Allen and could possibly inculpate others." He wrote that Allen was coerced into entering an Alford plea (a plea in which the defendant accepts that the weight of the evidence points to his guilt but without admitting actual guilt) after being threatened with the death penalty. An autopsy showed that the girl died of shaken baby syndrome. Allen spent more than 10 years in prison.  Allen’s case was among 200 cases that an outside audit discovered were mishandled by the SBI. The audit revealed that agents failed to report correct evidence in a number of cases. Because evidence has been destroyed or is missing since Allen’s case started, Judge Hudson noted, “It is no longer possible for Mr. Allen to ever receive a fair trial.”

The former assistant district attorney, Freda Black, maintained that she had never misrepresented herself in any court in 25 years. The current head of the SBI  stated that the methods of testing used in Allen's case are no longer employed by the bureau.  

("Judge: SBI report was 'intentionally misleading,'" WRAL.com, March 10, 2011).  See Innocence and Arbitrariness.