Friday, March 3, 2006

Assist Prosecutor Stephen Allen - Charges Dropped - Huron County

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Huron County Assistant Prosecutor Stephen Allen arrested for domestic violence

Charge against chief assistant prosecutor dropped

The Huron Daily Tribune

BAY CITY — During a Friday afternoon hearing in Bay County District Court, a Bay County assistant prosecutor asked the judge to dismiss the domestic violence charge against Huron County Chief Assistant Prosecutor Stephen J. Allen after the case failed to move forward.

Bad Axe Attorney David B. Herrington, representing Allen, said he requested a hearing before Bay County District Court Judge Craig Alston after Bay County Assistant Prosecutor Margaret Leaming filed yet another motion to adjourn the jury trial until sometime in May.

“There was a lack of due diligence on behalf of the (Bay County) prosecutor’s office,” Herrington said. “In order to request an adjournment they had to show good cause as to why they wanted to adjourn the case. They wanted to add another witness, and they hadn’t even served the victim in the case with notice — she was never informed of a trial date. And the judge said he didn’t see where this case was moving forward.”

The trial was scheduled to get under way for the first time on Jan. 13, when it was adjourned the day before. At that time Leaming notified the court a witness would not be available for the trial. The case then was set for trail a second time to be heard on Tuesday when Leaming filed another request for an adjournment.

Herrington said it was Leaming’s motion during Friday’s hearing in Bay City to dismiss the case and, “the judge granted it. This case has been pending for months now — more than seven months.”

Herrington said the dismissal is “good news.” He said all along “we don't believe that a crime was committed — domestic violence did not occur here.”

Allen was arrested at his Port Hope area home after returning home from work on July 20. Allen and his wife, Jami Allen, reportedly had an argument and were quarreling about their dogs when Allen allegedly pushed his wife. She called 9-1-1 requesting a police officer respond to the Port Hope area home. He was arrested by Huron County Sheriff's deputies.

Police reports from the investigation had been turned over to the Michigan Attorney General's Office who assigned Bay County Prosecutor Joe Sheeran’s office to the case.

The Tribune was unable to reach Leaming for comment.

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