Wrongfully Convicted U City Man to Be Freed After 30 Years

University City resident George Allen, who was will soon be freed after 30 years in jail.

On Friday, Cole County Judge Daniel Green overturned capital murder, rape, sodomy and first degree burglary charges against Allen after determining evidence beneficial to him was withheld.

Today St. Louis Circuit Attorney Jennifer Joyce released a statement saying her office would not retry Allen for the crimes. 

"The goal of the Circuit Attorney’s Office is to ensure justice is sought under the laws of the State of Missouri,” said Joyce. “It’s important for citizens to know that it is very rare for a case to be granted habeas corpus, considering the thousands of cases that are appealed each year across the state of Missouri. While I believe it is critically important to respect a jury’s decision in criminal matters, I also believe it is essential that the rules of law are followed in every case by all members of law enforcement. Although this event occurred three decades ago, I believe this ruling provides an opportunity today for lessons to be learned to ensure the rights of all people are protected. My office stands ready to assist the police department in a review of their policies and procedures if so called upon.”

Attorneys have been working for several years to prove that Allen, 57, is not guilty of the 1982 rape and murder of Mary Bell. He was convicted of the crime in 1983, and has served more than half his life in prison.

According to the St. Louis Post-Dispatch, the 31-year-old Bell was slain Feb 4, 1982, in her apartment. In Allen’s first trial, a hung jury voted 10-2 for acquittal. A different jury in his second trial convicted him three months later and sentenced him to 95 years in prison.

Fox2News ran Joyce's complete statement. It reads in part as follows:

Friday, Cole County Circuit Judge Daniel Green granted George Allen habeas corpus relief in connection with his conviction for the 1982 murder, rape, sodomy and burglary of Mary Bell in the City of St. Louis. Judge Green found that the cumulative effect of the Brady v. Maryland violations by the St. Louis Metropolitan Police Department deprived Mr. Allen of his right to a fair trial in 1983. Specifically, Judge Green found that police neglected to provide prosecutors with a map or diagram of the crime scene drawn by Mr. Allen and with criminalist’s notes discussing lab testing. Since the trial prosecutor did not have and did not know about these items, the items were not made available to Mr. Allen’s attorneys at trial, which would have been required by law. Judge Green’s ruling specifically finds that there was no evidence of prosecutorial misconduct, but rather, a failure of police to provide information to the Assistant Circuit Attorney assigned to the case. Judge Green’s ruling sent Mr. Allen’s case back to the St. Louis Circuit Court and to the Circuit Attorney’s Office to make the decision whether Mr. Allen will be retried for the 1982 crimes.

We have reviewed the facts and evidence concerning this matter in order to evaluate the viability of retrying Mr. Allen, and we have determined that a successful retrial of this case would be impossible.

Nearly three decades have passed since the crime occurred. A central piece of evidence in Mr. Allen’s original trial was his recorded confession to Detective Herb Riley. Detective Riley, who was the only witness to Allen’s entire taped statement, died in December of 1996. Because Detective Riley is not available as a witness, we are unable to effectively use the taped confession as evidence in a new trial. Accordingly, we are asking that Mr. Allen be released rather than returned to the City of St. Louis.

It is important to note that Judge Green’s ruling does not make a finding that Mr. Allen is innocent of the crimes with which he was charged. Many people feel strongly that Mr. Allen is innocent, and many others believe strongly in his guilt. Judge Green’s ruling does not exonerate Mr. Allen, however, the failure of police to follow protocol during the initial investigation and trial is the reason Mr. Allen will be released.

According to the statement, the Circuit Attorney’s Office is attempting to notify Bell’s family and other appropriate agencies, so that Allen can be released from custody as quickly as possible.

For more on Patch's coverage of Allen's case:

• Two Congressmen Join Effort to Free U City Man Serving Life
• Attorneys Say Uncovered Evidence Shows U City Man is Innocent of 1982 Murder
• U City Man Could Walk Away from Life Sentence