A convicted sex offender pleaded guilty to lesser charges Tuesday, moments before an eyewitness was expected to testify against him.
As the second day of testimony was about to start on Tuesday, March 3, prosecutors and defense attorneys announced they had reached a plea agreement in a child sex-assault retrial. Charged in a six-count indictment, Andrew Allmon, 57, of Cortez pleaded guilty to felony attempted child sex assault and misdemeanor unlawful sexual contact charges.
Incarcerated since his arrest in June 2013, Allmon is likely to be placed on three years of probation and credited with time served, according to the stipulated agreement. The defendant has remained in custody under a $30,000 bond since his arrest in June 2013. Sentencing was set for May 14.
“After nearly two years of court proceedings, the victim and her family were able to hear Mr. Allmon admit to his unspeakable acts,” District Attorney Will Furse said afterward. “Mr. Allmon’s guilty plea marks a significant step toward the healing process, and the People do not disagree with the victim’s decision to move on.”
Connected to incidents that occurred at Allmon’s home, the sex-assault charges included a pattern of abuse by the defendant, who supervised a child under the age of 15.
Tuesday’s plea talks were held outside the jury’s presence. After jurors were advised that the trial had concluded and excused from service, public defenders Amy R. Smith and Kenneth Pace both declined to comment.
Mistrial threatened
The plea deal resulted after Chief District Court Judge Doug Walker threatened to declare a mistrial on Monday.
During testimony from the victim’s mother, Smith argued for the case to be tossed after the prosecution’s first witness repeatedly provided inflammatory, prejudicial opinions from the witness box during a 20-minute span.
“Do not offer any opinions as to whether anyone is telling the truth,” Walker instructed the alleged victim’s mother just before a noon recess.
After lunch, the mother provided a third unsolicited opinion pertaining to her child’s truthfulness. The judge again warned the witness that she could be held in contempt of court.
“I may jail you up to six months,” said Walker.
“I will have no choice but to grant a mistrial,” he added.
Victim testifies
Wearing a black jump suit with pink stripes, the alleged victim, now 10, was partially hidden from view of Allmon when testifying. Asked if she could identify the defendant, she raised her head above the judge’s bench and indicated that he was sitting to her right in the courtroom.
Apparently nervous and possibly confused about the proceedings, the victim had limited recollection about the events in question. She recalled sitting next to Allmon on the day in question watching cartoons when the incident occurred.
“He was touching me,” she testified on direct examination.
On cross-examination, the victim said she had rehearsed her testimony with family members and prosecutors. She said practicing made it easier to remember.
On re-direct, the victim said she understood the difference between the truth and a lie. She affirmed the assault occurred, bowing her head and wiping tears from her eyes.
“It has taken a great deal of courage for our victim to come forward and endure the trial process,” Furse said on Tuesday. “I commend her for the willingness to do so.”
Jury selection
Six women and eight men were selected for jury duty last week in the new trial. Allmon was prosecuted after a hung jury earlier this year.
During voir dire last week, potential jurors wrestled over whether they could be fair and impartial upon learning that Allmon pleaded guilty to child sex-assault charges in 2008.
“A bad egg is a bad egg,” said one potential juror.
During voir dire, which translates to “tell the truth,” a few potential jurors also relayed beliefs that a convicted sex offender might have a tendency to re-offend.
“It’s in their nature,” said a juror.
Last Friday, 69 citizens appeared for the final round of jury selection, but several failed to show. The court indicated they would be required to appear and answer for their unexcused absence.
