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State appeals dismissed Durham murder case

Posted December 17, 2010

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— State prosecutors on Friday said they would appeal a judge's recent ruling dismissing a murder charge against a Durham man because of possible mistakes by the State Bureau of Investigation.

A week ago, Superior Court Judge Orlando Hudson threw out the case against Derrick Michael Allen after a defense attorney argued that the SBI violated Allen's rights by not sharing everything it found in blood tests.

Allen, 31, was charged in 1998 in the death and sexual assault of a 2-year-old girl. An autopsy showed the girl died of shaken baby syndrome.

His case was 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.

Allen has maintained his innocence and, because of questions raised by the audit, he was released on bond in September after spending more than a decade in prison.

Prosecutors say they worry other cases will be dismissed because of troubles in the SBI's blood-analysis unit.

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  • medcoder05 Dec 20, 2010

    the court system is all screwed up and that is why sometimes the wrong people are set free. lack of paperwork basically set this guy free. Well anyone can lose papers by throwing in the trash can. wow, that is all it takes is to throw trash in teh can to set people free. what is wrong with the court system these days. this guy has been in prison for 10 years and there is a good reason that he was. if not then he would not had serve a day. DUH....These criminals are getting off easy these days since the SBI paperwork mistake. That is wrong for the most part. You do the crime then you need to serve time like the other criminals out there. I dont feel sorry for anyone that is a criminal at all. Even if it is in the past life, no i dont feel sorry for you. Everyone should leave each other alone and mind your own business. You act stupid and make decisions then deal with the consequences. Stop crying the blues for a pity party....i dont feel sorry for anyone that doesnt help themselves at a

  • WHEEL Dec 17, 2010

    They should put Roy Cooper in jail for the mess he has made of this.

  • Trabman_san Dec 17, 2010

    Crystal28314;

    He had his trial and was found GUILTY. this story is about the SBI and their evidence policies at the time ten years ago.

    The Judge (Orlando Hudson) is absolutely WRONG in this case to allow him to go free.

  • crystal28314 Dec 17, 2010

    I feel if this gentlemen has spent 10 yrs in prison and was not tried yet there is a reason. What ever happened to the constitutional right for a speedy trial. 10 years is not a speedy trial. The state needs to except that sometimes they have no case! That is 10 years of that man's life he will never be able to get back. If he did the crime(he served his time) if he did not do the crime how will he ever get that time back? He spent 10 years awaiting trial, something is seriously wrong with that!