ST. LOUIS–(KMOX)–The Missouri Attorney General’s office is asking for an emergency stay to keep George Allen in prison, so that it can appeal a judge’s decision to overturn Allen’s conviciton for the rape and murder of a St. Louis woman
Allen was convicted of the 1982 rape and murder of 31-year old court reporter Mary Bell, whose body was found inside her LaSalle Park home.
Last week, a Cole County circuit judge voided Allen’s conviction, saying the police had failed to share key evidence that might have helped Allen’s defense.
“The undisclosed evidence would have provided the defense affirmative proof — foreign semen and fingerprints that could not have come from Allen — that someone else raped and killed Ms. Bell,” wrote Judge Daniel Green.
Now, Missouri Attorney General Chris Koster wants a three-judge appeals court to review the judge’s decision to toss out Allen’s conviciton.
The Circuit Attorney’s Chief Warrant Officer, Ed Postawko, who was not involved in the original case, says he still thinks the jury reached the right decision.
“I respect the decision that was made by the jury back in 1983,” Postawko said, “So, I have no reason to dispute or say that the jury made the wrong decision.”
Postawko says he does not share the judge’s opinion about fingerprint and semen evidence, and says the Circuit Attorney’s decision to not prosecute is a matter of practicality.
“Witnesses have passed away and memories are not what they were thirty years ago,” Postawko said, “But I have never seen any indication that gave me or the circuit attorney’s office reason to believe someone was trying to pin a case on somebody just to close a case out.”
In his ruling last week, Judge Green said he found “NO evidence of prosecutorial misconduct whatsoever.” The evidence withheld by police, the judge wrote, is a violation of the accused rights under the Brady vs. Maryland Supreme Court case.