The jury trial for a man accused of a string of home invasions has been postponed for the second time, a move that has frustrated both prosecutors and the victims involved in the case.
Joseph A.S. Allen, 30, was supposed to stand trial next Monday, March 11, for breaking into six homes in the November and December of 2011.
But his attorney on Monday requested to withdraw from the case, citing a conflict of interest with one of the witnesses. The conflict was never disclosed in open court as Assistant Public Defender Timothy Ayer provided the judge a factual basis during a sealed portion of a court hearing Tuesday.
After the sealed session and reviewing case law, Juneau Superior Court Judge Louis Menendez said he found a conflict exists with Allen being represented by the Alaska Public Defender Agency. Menendez granted Ayer’s request and appointed the Office of Public Advocacy to represent Allen instead.
Menendez noted he did not believe the request to withdraw was an attempt to “manipulate or angle” the system to try to delay trial.
“I don’t find a suggestion of that, based on what I’ve seen thus far,” Menendez said. “What I do find is a lawyer ready to try this case, but for this event that’s come to his attention.”
Menendez specifically addressed the victims, some of whom were sitting in the courtroom gallery, and apologized for the delay.
“Sometimes it’s hard to represent somebody when we’re conflicted in terms of who we can represent and how we can vigorously represent several people when in fact conflict exists, and I find conflict exists,” Menendez explained to them.
“The court does not lightly view these circumstances,” the judge added.
Assistant District Attorney Angie Kemp had opposed the request for Ayer to withdraw, saying she and the victims have been ready to go to trial since Dec, 10, 2012, the first trial date that was set.
“I have multiple victims who are ready to go, have been ready to go and were ready to go in December, frankly,” Kemp said, adding, “I know that the victim’s are frustrated. I’m frustrated.”
Allen was indicted in September 2012 — nine months after his arrest — on 15 felonies for robbery, burglary, theft and vehicle theft in connection to 2011 break-ins, including the three reported break-ins on Dec. 26, 2011. Police said in one of the Dec. 26 instances, he encountered a woman at her Thunder Street home with her two children, and he threatened her with a gun and used physical force to rob her.
He was arrested on Dec. 27, 2011, on unrelated property theft crimes for stealing checkbooks, a rifle, ammo and other items, totaling about $3,800, from another home on Dec. 19, 2011. He has since been convicted and sentenced to serve 15 months in prison for that crime.
Allen has also since been charged, convicted and sentenced to serve a year in jail for burglarizing another home in October 2011.
Allen remains in custody at Lemon Creek Correctional Center where he is serving out those sentences.
A new trial date will be set for Allen during a status hearing in court on March 11.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (24)
Add commentWith good time...
...for time served on current convictions, he can be out this July. Should he keep stringing the court along he can make bail and be on the street. Of all the felony charges he has been indicted for, the DA has failed to add an assault charge. He is a dangerous man and you may have the opportunity to meet him In about four months.
Someone should
...tell Joe it's Juneau. What is Juneau? Land-locked. Does he really think he can get away with it? That is laughable. He will be stuck in that hole forever at this rate.
The assault charge is there
...Just not reported in this article
2011?
Those DAs must be real busy. Just do it already!
A conflict of interest now,
A conflict of interest now, that's not addressed NOW - could result in an appeal and retrial later. Take care of it and then let's get on with it. Asst. DA Kemp - I know everyone's frustrated with the wait, but just think how frustrated you all would have been if a conviction was thrown out due to a conflict of interest.
4th degree assault is only a misdemeanor...
...and doesn't cover his actions. Pointing a gun at someone and slamming them to the floor can hardly be considered reckless. Could have been your wife or daughter or mother. Meanwhile, he wastes the court's time because he has the time to do it. Taking deals then rejecting them, changing pleas back and forth, changing lawyers... All the while getting more sight seeing rides through town to break up the monotony of sitting in the can. Funny thing about the right to a speedy trial... It only applies to the defendant. The victims are subject to having their lives strung out over longer time while the endless wrangling keeps them tied up in knots. Victimized further by the system and those that work it. You can bet the perps enjoy it all the more. He'll play it till his time is up in order to get out on bail. Or until the DA makes a last minute deal to get a conviction that will keep him in jail, albeit less time than he deserves. As it stands, you may be able to meet him on the street this summer.
15 MONTHS
15 Months for the first set of charges seems a little weak.....
Innocent until.....
What's more important making sure that he is convicted or convicting him and overturning the conviction becuase his attorney didn't properly counsel him? It is better to make him and everyone else wait to make sure the process goes through correctly to avoid overturning the conviction.
Joe has plenty of time but I doubt he is intentionally stalling. Sometimes the DA can delay the trial as well intentionally or not(they were out of town for instance).
I'm sure you all want your day in court so let him have his. The alleged victims will have their day in court as well. It's not like he's at the beach he's in prison so relax everyone he's not enjoying his time there.
On another note why is everyone so punishment driven instead of rehabilitation driven?
I will say this though I don't like this man and sat on a trial where he was a defendent. Eventually everyone gets their day in court.
A little more insight...
JNUKara – I think frustration resulted from the timing and supporting documentation of Mr. Ayer’s motion to withdraw, however, everyone was certainly aware and cognizant of how a potential conflict may (or may not) compromise the case. The judge initially expressed frustration, stating that the motion to withdraw was being brought before the court in the 11th hour. There were hearings on this case last week and no mention of any conflict. The majority of frustration (for me personally) resulted from the back and forth that has already occurred in this case including motions filed by Mr. Ayer to dismiss the case all together just days before realizing he shouldn’t be representing the case at all. This realization just happened to come to him 5 days before trial was set to begin and 5 days after the prosecution opposed a request to delay trial due to outstanding motions. Mr. Ayer has had the case since September. Your right, it is best to take care of it now, but would have been better to have dealt with it back in September. Folks will be ready to go to trial whenever Joe and whoever his defense will be are ready. For the sake of everyone involved, hopefully sooner than later.
Deadline
A deadline is a deadline even if it frustrates the parties involved.
Make no mistake, NUT...
...the victims are not merely "alleged". And the afore mentioned motion to dismiss was based on a premise that all these cases, tried and untried, constituted one event and that he is already serving time for it. One last ploy before recusing counsel and dragging it out longer. I'm convinced that professional courtesy kept the judge from acknowledging any "attempt to “manipulate or angle” the system to try to delay trial." out of respect for the system and lack of proof that such an attempt was taking place. I allege that it did.
@skirkz
Since he has not been convicted they are still alledged victims. I know you have convicted him in your mind but the court has not-he hasn't had a trial yet.
Rehabilitation? He has had
Rehabilitation? He has had many chances to change.
Look this guy up on court view. He has an extensive record (pages) of assaults, thefts, and witness intimidation since 2001. He has been charged with multiple felonies over the years, yet always gets off with a reduced charge and a slap on the wrist. Is that a deterrent or motivation to change? Once again he is PLAYING the system and is going on his third State paid attorney in this case alone.
The powers that be should open their eyes and quit playing footsies with this career criminal and lock him up for good…
The next time he does something horrible in this community (like attacking a woman in her home with her young children); partial blame will be on their heads...
"The only thing that stops a bad guy with a gun is a good guy with a gun.”
~Wayne LaPierre
Not going to be a victim from this animal
We have some cold steel if he tries invading our house.
simple man
I think the person that he stole the rifle and ammo from missed that memo from LaPierre.........
soup or hero
I used to think that you didn't think. Now I'm convinced of it. And had you been thinking, you would have noted that in each of these cases, the good man wasn't home. In fact in each of these cases, if any one was at home it was the wife and/or kid(s). He is a predator of the first order. Want to really think? Show up in courtroom D 9:00am Monday.
skirkz
it was just a joke, chill your panties...
Also
I dont support this guy, just FYI. If he enters my home, i will not hesitate to shoot him.
wait a second, skirtz, you almost oulled a fast one on me!
"Prosecutors allege Allen stole items, including a CZ 375 Safari H&H 500 Rifle with a Leupold scope, 150 rounds of ammo, and two Wells Fargo check books, from a local couple’s house on Dec. 19, according to charging documents.
An affidavit filed Tuesday says the man who filed the report, Erik Anderson, told JPD an unknown man had entered his residence and he had chased the man down his driveway. The unknown man drove away in his vehicle, but Anderson gave police a description of the man, what he was wearing and the license plate number."
You sneaky devil. The whole "you arent thinking" speech had me going!
<=This is not my joking face...
And, I would stick up for you if you did...
Erik...
... Is the victim's son who was home.
But, at least you're starting to think!
Keep looking... And thinking...
well...
Buy him a ticket to Mexico to a cartel dominated region and tell him if he comes back we'll shoot him at the border. Let's see how long he lasts pushing people down there around...
I despise thieves! They are worthless SCUM! And I would defend my home effectively if someone like this man ever chose to invade it...
Mexico?
Why would you send him to Mexico? That's random. And it doesn't seem very fair to Mexicans, who already have enough problems with crime, as you pointed out.
As far as rehabilitation goes - I am all for rehabilitation, in every single case where the person wants to change their lives for the better, provided they are the only victims of their crimes. That doesn't seem to be the case with this man. He terrorized people. Lots of innocent people, just chillin at home.
I would be please to see this man change his life, so that when he is finally released, he won't continue to prey on others. But in his case, a shot at rehabilitation is a privilege that comes AFTER punishment.