Thursday, October 4, 2012

North Carolina, NC Court of Appeals reverses ruling that freed Durham man from prison | Shaken Baby Syndrome

The state Court of Appeals on Tuesday reportedly reversed a ruling that dismissed the case against Derrick Michael Allen, a Durham man who spent 12 years in prison for the murder and sexual assault of a toddler.
The appeals court reportedly concluded that Durham County Superior Court Judge Orlando Hudson erred when he threw out Allen’s case in 2010. Hudson had agreed with the defense's contention that the State Bureau of Investigation violated Allen’s rights by not sharing everything it found in blood tests.
But in his opinion, Appeals Court Judge Sam Ervin IV reportedly sided with prosecutors, who said the trial court made certain findings of fact without adequate evidence and was wrong to conclude Allen's constitutional rights were violated.
Allen's case was reportedly among 200 cases that an outside audit said were mishandled by the SBI. The audit revealed agents failed to report correct blood evidence in the cases.
In his opinion Monday, Ervin reportedly emphasized that his decision should not be mistaken for an approval of how the state gathered its evidence.
"On the contrary, we share the trial court's displeasure with the manner in which the blood testing results were disclosed to the defendant and the manner in which aspects of the prosecution of this case have been handled," Ervin wrote. "Even so, given our inability to discern any legal basis for the sanction imposed in the trial court's order, we are obligated to reverse it."
The appeals court has reportedly remanded the case back to Durham County Superior Court.
Allen is reportedly in jail in Randolph County on unrelated charges.
Allen was reportedly charged in 1998 in the death and sexual assault of his then-girlfriend's 2-year-old daughter. According to court documents, Allen was baby-sitting the child when he called 911, telling authorities the girl was unresponsive. Emergency personnel arrived to find the toddler had no pulse and what appeared to be blood on the inside leg of her sleepsuit. 
An autopsy reportedly showed the girl died of shaken baby syndrome.
Interim District Attorney Leon Stanback reportedly said the appeals court decision is appropriate and he hopes there can now be justice for the victim.

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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at

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