Defense's

Opening Statement

Alan Carlson, appears on behalf of the Defendant.

"Thank you, Your Honor. Thank you, ladies and gentlemen. Its my time to speak to you on behalf of Steve in regard to the evidence. Opening statement I like to think of sometimes as an outline. I will give you an outline of the defense case, Steve's case, our case, and then we will fill in the next few weeks.

Ladies and gentlemen, we will prove that Steve Allen is charged with a crime that he did not commit. On behalf of Steve Dr. Michael Baden from New York City will come; and Dr. Baden is one of the foremost pathologists in the world. He will tell you that the hammer in this particular case is inconsistent and could not be the murder weapon in this particular case. Dr. Baden is the director of the forensic science unit for the New York State Police. Dr. Baden teaches at the New York University School of Medicine, the Columbia School of Medicine, and he's assistant visiting pathologist for Bellevue Hospital in New York City. Dr. Baden was the chairman of the Forensic Pathology Panel for the U.S. Congress on the select committee in the investigation of the death of President John Fitzgerald Kennedy and Dr. Martin Luther King. Dr. Baden is a lecturer to the Drug Enforcement Administration on patterns of injury in violent crimes. Dr. Baden has authored over 80 books and publications in the area of injury patterns.

Dr. Baden will also establish, on behalf of Steve, that the perpetrator in this particular case, with a reasonable degree of medical certainty, would not have left footprints. Due to the injuries of Sandra Allen and due to the time it would have taken for her to have formed a bloody area as a result of her injuries, that with a reasonable degree of medical certainty there would have been footprints left by the perpetrator.

Dr. Baden will tell you, with a reasonable degree of medical certainty, that you cannot determine whether perspiration is caused from physical activity or whether it's caused from emotional stress.

Ladies and gentlemen, on behalf of Steve Allen, we will establish what the state characterizes as blood spatter, that it's totally consistent with what Steve says he did and what he told law enforcement he did at the scene of the crime after he found his wife in a pool of blood.

Mr. Bart Epstein and Mr. Terry Laber. Bart Epstein is the assistant director of the forensic science laboratory with the Minnesota Bureau of Criminal Apprehension. Mr. Epstein and Mr. Laber will be established are two of the foremost authorities in the world on blood spattering. That Mr. Epstein has authored a number of publications and has spoken throughout the United States on blood stain interpretation and blood pattern interpretation. That Mr. Laber teaches at the FBI academy in Quantico, Virginia, and that he lectures to the FBI academy on blood stains, blood analysis, and has also authored a number of publications in blood spatter interpretation and analysis; and they will tell you that they are unable to show that Steve Allen did anything other that what he says he did and what he told law enforcement that night.

They will establish through the defense on behalf of Steve trough their expert opinion, that he blood stain patterns on the clothes of Steve are completely consistent with his having shaken Sandra Allen at the scene. They will show that, contrary to the evidence of the State, the size of the blood spots alone cannot be used to establish and interpret blood patterns; that you must take not only the size of the spot, but you must take the directionality and the stain location, and when you take those items, they will show you with great particularity and meticulousness that impact, striking someone, is not he source of the blood spots on Steve Allen. And that will be established through the defense through those experts.

It will be established that there was a contact lens found by the medical examiner in this case on the outside of Sandra Allen's clothing when she was transported for an autopsy. We will show and establish that Steve does not wear contact lenses; however, it will be shown, through experts, Sandra Allen's prescription in one eye was a -4.25 and that her prescription in the other eye was a -4.75.

Dr. A.E. Reynolds, on e of the foremost authorities in contact lenses, along with Mr. Larry Birk, who operates and manages Duffins Contact Lens Laboratory, will be here. They will establish that the contact lens found on Sandra Allen's body was between -5.25 and -5.75. And they will testify and will estaablish that that contact lens is not Sandra Allen's contact lens.

Dr. Reynolds teaches at the Dean McGee Eye Institute in Oklahoma City and teaches at the Saint Louis University School of Medicine. Dr. Reynolds holds over 15 patents, it will be established, in contact lens analysis and development, and that he was the head for a while of the military's program in development and research of contact lenses, and that the presently resides in Tulsa, Oklahoma, and has a private practice and teaches, as previously stated, at the Dean McGee Eye Institute and Saint Louis University. He is involved not only on a daily basis with contact lenses and research, but also in cornea surgery and transplant.

Larry Birk, who will be established manages Duffins Contact Lenses; that he has occasion on a daily basis to read powers of contact lenses; that before he was promoted as the manager of Duffins he read the power of contact lenses on a daily basis and would read from 60 to 160 powers a day. He will be here and establish the power of those contact lenses.

On behalf of Steve, Dr. Roger Shuy, who was a linguist, who teaches at Georgetown University in Washington, DC, and he will establish that linguistics is the study of human speech, including the units, the nature of speech and the modification of language. And Dr. Shuy, it will be established, is a man whose credentials are impeccable. He has authored over 21 books in the area of linguistics and the human speech.

He will establish that in Steve's 911 call on the evening of June the 11th, 1990, that Steve's language, his voice infliction, his paralinguistic communication was one of emotionally upset and great distress as he called. The defense, it will be show and you will have a chance to hear, we have enhanced that 911 call for your benefit. And it will be established that by enhanced we have taken professional sound people who have taken the 911 call and have made it so you can hear it as best it can be heard. And that 911 call you'll have a chance to hear. And Dr. Shuy will be here to testify about that 911 call.

Additionally, Dr. Shuy has analyzed the transcripts of that 911 call prepared by the state. Dr. Shuy will establish that the transcripts that the state has prepared are in error. They contain errors in speaker identification and pronunciation.

Mr. Peter Barnett will be called on behalf of Steve Allen. Mr. Peter Barnett is a consulting criminologist in Richmond, California. It will be established that Mr. Barnett was previously with the San Diego Police Department and he had a degree in criminalistics; that he has as clients, amongst others, district attorneys and sheriff offices throughout the country; that he's a fellow in the American Academy of Science, forensic sciences , and he's a member of the Forensic Science Society of Great Britain. Mr. Barnett also will be shown has authored over 18 technical papers in the area of criminalistics, and Mr. Barnett will establish that there was no blood over by the patio door. And you will hear testimony in this case about Steve leaving footprints around the scene. It will be shown that Steve, when he ran to his wife and he picked her up, he got in the pool of blood and he left footprints. That will be established, but it will also be shown that there are no bloody footprints over to this patio door which, under the state's theory of the case, they will try to establish that Steve broke that door.

Mr. Barnett will also show you there's no glass on the bottom of Steve's shoes, and he had on tennis shoes that night with rubber soles. Mr. Barnett will establish through his expert opinion that you would find glass in the bottom of those shoes or certainly would expect to find glass if you broke out that glass and waked back across that carpet. Mr. Barnett will establish that on Steve's clothing that he had on that night there was no glass. Mr. Barnett will be here to tell you that if you break out a glass with an object there's a great likelihood that you will get glass on your clothing, minute particles, and that can be determined. Mr. Barnett will testify about the examinations and the tape lifts that he has done off of Steve's clothing which established there was no glass on Steve's clothing.

And part of the states' case is that there was an item which you've heard about, the hammer, and that they found some glass on the handle of the hammer which they say could have come from the glass in the door. We will establish that there was a report done by Ms. Lee on 7-16 of 1990. Ms. Lee said in her report--and that report we will have it and bring it to you and show it to you and you'll have a chance to look at it. But that report says no glass on the hammer. It will be established that Ms. Lee, and she will testify, that she specifically looked for glass with a microscope on the handle of that hammer and issued her report on July 16th, 1990.

And the sate makes reference to a Mr. Perkins, and Mr. Perkins issues his report on 6-6 of 1991, nearly a year later. And in his report he says this glass could have come from the patio door.

Expert testimony will also show you that there are a number of other sources, if in fact glass was there, that it could have come from. Mr. Barnett will establish that he pulled the head off of that ball-peen hammer, and he will show you, through his expert testimony, that an item and an article that is a murder weapon, if it is a murder weapon, there will be blood in the nooks and crannies under the head. And he will establish that you can't wash those out even if you tried. And he will establish for you there was no blood under the head of that hammer and there was no glass in, around and under the head of the hammer. There was no glass particles in the wooden shaft that comes through the metal head.

Mr. Barnett also examined the paper towels which the state make reference to, and Mr. Barnett will establish for you that there was no glass on those paper towels. And we will tell you in this case and show you that Steve wiped that handles in a moment of panic and bizarre action, and we'll tell you why. And he took those paper towels, along with the hammer, and he hid them. And he hid something, ladies and gentlemen, it will be established, that was not a weapon.

Now, Mr. Barnett will tell you that if that hammer had been used to break glass that there would have been particles of glass on the handle that would have come off when he wiped them off with that towel.

On behalf of the defense, Mr. Blair Gluba will come. Mr. Blair Gluba, it will be established, just recently spoke and helped conduct a seminar to the International Association of Chiefs of Police on the coordination of first responders to homicide and violent crime scenes.

It will be established that Mr. Gluba has a Master's Degree in Forensic Science; that he was head or was one of the heads, I should say, of the Naval Investigative Service of the United States' Navy. The Naval Investigative Service is that group in the United States' Navy which has the primary function for the criminal investigation and counterintelligence agency from the Department of Navy. Mr. Gluba and his peers have globally traveled around the world in the investigation of crimes.

Mr. Gluba will be here and he will establish that the investigation in this particular matter was not properly handled; that he investigation did not properly document and address the crime scene, and that many thing of an evidentiary value were not properly processed. And it will be established, on behalf of the defense through theses experts, that we wish it had been processed.. It will be established on behalf of the defense that some of those items would have helped us.

Dr. Gene Reynolds, another Dr. Reynolds with exactly the same name perchance, will be here to testify. Dr. Reynolds is a psychologist, and Dr. Reynolds now practices in Tulsa, Oklahoma. He trained at he Beth Israel Hospital in New York City and Western State Mental Hospital in Staunton, Virginia. It will be established that for a while he was head of the Mental Retarded School at Enid. He's not in private practice in Tulsa, previously with Parkwood Clinic.

That he has conducted psychological testing on Steve, and the psychological testing will reveal that Steve does not have the personality type for this crime. Psychological testing will also show that some of Steve's statement regarding his behavior at the time that he found his wife and also thereafter were a result of psychological trauma and reactive disorders that he experienced.

And he will also establish that at he time that Steve found his wife, after he shook her and after he got her own blood on him, that Steve went through a period or reactive psychosis, and that he psychosis caused some very bizarre actions on behalf of Steve. It will be established that he hid something that's not the murder weapon, that he panicked. It will be established quite frankly that Steve did some really stupid things in that house that night, but it will also be established he did not kill Sandra Allen.

He will also establish that Steve is an active father who's involved with raising his children, and although they had problems, that Sandra and Steve had problems, problems of a sexual nature, that Steve loves Sandra and Steve was committed to try to work out that marriage and make it work. there will be witnesses here who will tell you that from both sides of the case.

A terrible tragedy occurred on June the 11th, 1990. A tragedy that Steve Allen will have to live with the rest of his life. And not only Steve but [his sons] ages six four--I'm sorry. Six, five and three.

Steve married Sandra on June 14th, 1980, in Windsor, Missouri. Sandra's the only girl Steve ever dated. And they dated through high school and they dated in junior college. Steve married Sandra and they moved to Bartlesville where Steve went to work for Phillips Petroleum Company and where Steve completed his degree at Bartlesville Wesleyan. And while completing that degree, Steve sat for the certified public accountant's examination and successfully passed that examination. That Steve's only contact with law enforcement prior to sitting in this courtroom and prior to being here is three speeding tickets. It will be established that Steve was the highest rated at his job at Phillips. He had a rating of exceptional. He was in the upper ten percent of the employees at Phillips Petroleum Company.

Steve and Sandra were active in their church, the First Assembly of God Church. Steve was the treasurer of that church, and Sandra was also active in the mission program there.

Sandra had gone to work a Dillards so they could--initially she wanted to buy a sweeper. But before she could save enough money to by that sweeper it will be shown that Steve, on Mother's Day, approximately a month before someone killed Sandra, he bought he that Electrolux sweeper. That Sandra was also taking classes through Rogers State to work along towards her degree.

Steve and Sandra, on the weekend of June 15th, 16th and 17th of 1990, were planning to celebrate their 10th wedding anniversary. It will be established that Sandra was very much looking forward to that and that she was excited about that. That initially there had been some discussions between Steve and Sandra. There was a small--trying to work out how many nights they would stay up there, but they got that worked out and she became and was looking forward to that very happily. And it will be established that Steve was looking forward to that. Reservations had been made in Missouri. That two of the children, the two oldest, [boys], had been taken up to the grandparents, the maternal grandparents, in Missouri and dripped off the weekend before, and that [the youngest] had come back with Sandra and they were going to take him up the next weekend and drop him off and celebrate their 10th wedding anniversary without children in Missouri. [The youngest] stayed with them that week because they both felt he was too small to be away from home. He was two at the time.

On June 11th, 1990 Steve arrived at work at approximately 7:50 a.m. At noon he went and bought some shower announcements for some friends. He waited outside his office for a few minutes until the noon hour was over because it was a sunny day and it was a hot day and he wanted to get a little outside air. That Steve left work shortly after 5:00 p.m. and he was driving the blue Oldsmobile automobile.

The evidence will show that he got home at approximately 5:20 to 5:25 p.m., and that Sandra was already dressed to go to work at Dillards, that she would go to work at 5:30 that evening, and she worked part-time at Dillards. And that she had fixed for Steve a pork fritter and a salad. That [the boy], the smallest son, was outside playing and that Steve then went ahead and fixed some french fries to go along with what Sandra had fixed. And Sandra went off to work. Steve came in and he and [the boy] ate and [the boy] ate part of Steve's pork fritter. Sandra left about five minutes after Steve arrived, and she left in the green Malibu automobile.

Steve finished eating, changed into some old clothes and mowed the front lawn, the west part of the lawn, it will be established only. He didn't mow the back part of the lawn. And then while he was pushing the lawn mower out of the garage he skinned one knuckle on his left hand on the garage door rail where the garage door comes down, and that will to shown to you.

That he then, after he finished the lawn, he went in and he gave [the boy] a bath. Steve then took a shower and cleaned up. It will be established that he finished the lawn at approximately 7:30 p.m. That Steve then, after he finished the lawn and he got [the boy] cleaned up, was going to see Sandra at the mall at Dillards so that [the boy] could see his mother. It was a little treat. And they left the home and got a short ways from the home and Steve realized that he had forgotten his keys to the church. Steve, it will be established, being treasurer of the church, on Monday would go by many times and pick up the deposit slips and the receipts that had been deposited that Monday from the offerings that had been made that Sunday, and he planned to do that night. That he turned around went back and got his keys, and then proceeded to Dillards.

When he arrived at Dillards Sandra wasn't out front. It will be shown that she was in the back, and when she comes out [the boy], as a two-year old would do, hollered excitedly as he saw his mother. And Sandra come to [the boy] and Steve, and Sandra took [the boy] and was holding him, and it will be established that Steve then saw the store manager come into the picture a distance away and out of concern that Sandra might get in trouble because she's there with her child on working hours, Steve took [the boy] back. That Steve then took [the boy] on down the mall to the pet shop. It will be established that Steve and [the boy]--[the boy] liked the kittens and the birds, and they went down there and looked at the kittens and the birds and spent some time.

They came back to Dillards to see Sandra so [the boy] could see his mother once again. And at that point in time Sandra had a customer. So Steve and [the boy] then proceeded over to the men's department at Dillards where Steve purchased some deodorant. There will be a receipt that we'll bring to you, ladies and gentlemen, that will show at 8:33 p.m., approximately, Steve purchased deodorant at Dillards. And I say approximately because there will be a little testimony, I anticipate, that there may be a minute or two differential in the actual clock setting. That it's off a minute. Very close to 8:33 p.m., which will establish what the defense is saying.

From there Steve and [the boy] go back to Sandra and they talk with Sandra, and while they're there an individual by the name of Theresa Miller, who works at Dillards, and she'll be here to testify, and she'll say, Sandra, did you tell Steve about the phone call, and Sandra said no. But after Theresa steps away Sandra relates to Steve that she received what she characterized as a really weird phone call a few minutes ago. That that call was originally taken by Theresa Miller and Theresa will say that the caller had a raspy voice; that when she took that call she then transferred it to Sandra; that that particular call -- Theresa talked to the caller only for four or five seconds and transferred the call to Sandra, and that Sandra, after she to off the telephone, said to Theresa, that was a really weird call.

And it will be related that Sandra told Steve that the caller said -- and that also she told Theresa -- where's you husband? Where's Steve? Sandra said, well, isn't he at home? And the caller said, no, I just tried to phone there and Steve was not at home. Sandra said, well, possibly he's on his way to Dillards.

Sandra then asked who was calling, and it will be established that Sandra did not understand the name that the person gave her. And the caller indicated that he had gone to school with Steve, and Sandra responded that she also went to school with Steve. Sandra will relate that tat that point in time the caller abruptly hung up.

Sandra also related to Theresa and Steve that the caller to her sounded retarded. And it will be established that the caller asked for Sandy Allen; that the only place Sandra was really know by Sand was at Dillards; that she wore a name plate, Sandy Allen; that no one else really knew her by Sandy, but she did were the name plate at Dillards.

It will also be established that a short period of time before this Theresa Miller had received an obscene photograph in her car. It was left there. It was an obscene photograph of a man nude from the waist down. That her car was at home, Theresa's car was when she found the photograph. And we won't be able to establish exactly where the photograph was originally placed where the car was sitting. It will be established that Theresa related to Sandy, when you deal with the public like this we need to be careful.

That thereafter Sandra and Steve had a conversation, after they finished with the phone call, as to what Steve was going to do, and Steve related to Sandra that he was going to go the church and that he was then going to go get [the boy] a drink at the Sonic, the two-year old, his two-year old, their two-year old. And Theresa -- this is June 11th, 1990, and it was hot outside -- asked Steve, it will be established, would you bring me a drink, would you get me a cherry limeade. Steve said yes.

Steve proceeded From Dillards to the First Assembly of God Church on Dewey street. That he went to the First Assembly of God Church and he picked up -- and took [the boy] into the church with him -- financial data, receipts, deposit slips; and he took that information and put in his briefcase. That he spent some time there at the church. He had the two-year old with him, [the boy]. He didn't see anyone there at the church, but Steve will remember that shortly after nine o'clock, approximately l:05 on the click when he was at the First Assembly of God Church, that he then went from the church to the Sonic on Frank Phillips, and he purchased three drinks. He purchased the medium cherry limeade, a kiddy grape slush, and medium Pepsi. And there will be a receipt and that receipt will be entered into evidence, and the time on that receipt will show 9:13 p.m. It will also show you the date on that particular receipt. The people from Sonic will be here to testify and establish that the date of that particular receipt really has no bearing. And this particular receipt is one that was found by law enforcement in Steve's car in the sack where Steve had purchased the drinks that evening.

Steve, after ordering the drinks -- and it will also be established there may be a minute or two differential in the time. That 9:13 on their clock my actually be 9:11 or 9:12 because of the differential in the clock setting. After ordering the drinks it takes a little while for the drinks to be delivered at Sonic, takes a little while for Steve to get [the boy] settled down with his kiddy grape slush. Steve then proceeds to Dillards, it will be established, to take the drink to Sandra. That the employees at Dillard's park in the east parking lot, and Steve know that . Steve goes on around to see if Sandra' car is still there. He Knows that it's time for her to have gotten off work or should have gotten of work or getting real close, depending on how busy they were and when they get checked out. and it will be established that Sandra checked out. And it will be established that Sandra checked out, clocked out that night at 9:15 p.m.

But as Steve got to the east parking lot he saw an individual who Steve recognized. The individual never saw Steve. That individual is Mark Spurgeon. Mr. Spurgeon will be here, and Mr. Spurgeon will tell you that he checked out, clocked out, at approximately 9:24 to 9:25. He will have the time. That he then walked to his car, and it's when he was walking to his car that Steve saw Mark Spurgeon. And Steve related that to law enforcement that night, the next morning, when he talked with law enforcement. Steve then, when he realized Sandra's car was not there, he never stopped. He proceeded to his home, and as Steve arrived at his home it will be shown from the floor plan of Steve's home, with this being Jefferson road and this being Lincoln Place, that when he got there he comes in form the south, he turns in, and as he turns in the drive way by the garage his lights swept across a figure of a person on the patio close to the corner of the house who had started sough and then immediately turned and ran north, in a northeasterly direction.

It will be established through the testimony of some people who will be here who were there at the scene, that there were some plant fronds in the northeast corner of the Allen property that had some fingerprints on them and that the cyclone fence appeared to be mashed down. There will be some conflicting testimony as to whether that being mashed down was caused by kids or cause by a perpetrator.

It will be established that Steve ran into the house. That he gets out of the car out of concern for Sandra, having seen a person on the patio who had just run, and he leaves [the boy] in the car on the driveway. That Sandra's car is there. That he gets out of the car and sits down the drinks, and it will be established that law enforcement found a drink sitting on the hood of Steve Allen's car and that [the boy] was still in the car.

That Steve went through the door just off of the garage in through the utility room and proceeds through the pocket door into the kitchen. That there are only two lights on, the kitchen light and the dining room light, and the first thing that he sees is his beloved wife Sandra in a pool of blood. And he runs to her, it will be established, and he hollers Sandra, Sandra. and he grabs her and he pulls her to him. And he also shakes her and in an attempt to get a response, and at one point her left arm even comes up over his shoulder. That he shook her, and Steve will tell you he feels guilty about it. He shook her too hard.

That he checked in the other room. That he checked in the family room. He stepped through the bi-fold doors, and he just stepped through them and he saw a broken TV and he saw a door ajar, and it will be established through Mr. Barnett and through the other technical people that the only footprints on that carpet are just inside that door.

That Steve then goes back to Sandra, and at this point Steve, it will be established through expert testimony, begins to lose it, And at that point Steve decided to go to [the boy], and then he decides to wipe off his hands, and then he decides he needs to call, and then he picks up a hammer and he slams that hammer down on the kitchen counter. And it will be established that there are and is a mark on that counter. Hard though it may be to find, hard though it may be to see, it takes a special effort, but it's there, which is consistent as to what Steve told law enforcement that night.

That he then panicked and he ran and he puts the hammer in the attic thinking that he'll be the suspect. He has blood all over his hands. We will establish for you that he has a hammer in his hands, and dumb and stupid, it will be established, and bizarre and as crazy as it may be, he hid a hammer, not the murder weapon.

Steve then proceeds back downstairs, and there is a time delay, a time delay, and you will hear testimony from expert testimony that that was a classic case, one of bewilderment, one of do I go to her. And there will be testimony that he tried to give mouth-to-mouth. We wiped out her mouth with a towel, but he couldn't do it. It will be established that he went through a period of psychosis inside that house. Steve is an accountant. It will be established that Steve went through emotional trauma in that house that night.

Steve then called 911 and Steve related his first words, and you'll hear it. Help, please. I need an ambulance. I need police. It'll also be established that there was an incorrect transmission that went out over the air by the dispatcher. The dispatcher talked to Steve and Steve said, when I came into the house I saw somebody run through the backyard. I've left my boy in the car. My boy's in the car right now outside. And the dispatcher dispatched out over the air to the uniformed men in cars, he advised somebody ran out the back door. It will be established those are her works and never were and never had been Steve's words.

The ambulance people arrived. They had a pulse. Faint though it was, they had a pulse. That Sandra was transported to the hospital and she dies shortly after arriving.

It will be established that Steve became the suspect and the only suspect in this case within a matter of an hour to an hour and a half. That Steve was zeroed in on. That a tape recording was taken of Steve by Mr. Gardella at approximately 12:30 without Steve's knowledge, and the defense has also enhanced that particular tape recording, and you'll receive a transcript, I anticipate, of that recording prepared by the defense and you'll have a chance to listen to the recording along with it. It'll show Steve in emotional trauma crying in a emotional state over Sandra's death. And at that point Steve never related to the police that he hid a hammer. That he consented and gave his consent to search the house, the whole house, and the car voluntarily. That Steve was never told he was a suspect at that point.

That at approximately three o'clock a.m. the 12th, approximately five hours after this happened, Steve was again interviewed by Mr. Mason and Mr. Pottroff. At that point Steve told them that he hid a hammer in the attic when they asked him about some blood sports leading to the attic, and he said yes, I panicked and I hid a hammer, and they said it's the weapon. It'll be established Steve said, no, no. It can't be. It couldn't be. I did wrong. I hid it. I shouldn't have done it. Those are Steve's words. It will be when he testifies.

And at six o'clock a.m. that morning -- Steve's exact words were not the same oones I just used that evening at three o'clock -- that morning at three o'clock, but he did tell them it's not the weapon, that it could not be the weapon. But at six o'clock he again was interviewed by Mr. Otte and Mr. Mason, and he again related the same consistent facts that he did earlier at three o'clock a.m.

That Steve, it will be shown, had an affair with a lady with whom he works, Debbie Aubrey. That in August of 1990 -- I'm sorry. In August of 1989 Steve was having problems in his marriage and Deborah was having problems in her marriage. And she's the unit secretary. And Steve and Deborah became involved sexually, and they were involved sexually from August of '89 until January of 1990. When in January of 1990 Steve, being active in the Assembly of God Church on Dewey and Deborah being active in the Assembly of God Church of Dewey, Oklahoma, Steve's church on Dewey Street in Bartlesville, jointly agreed we have to end the physical affair. And they did. It will be established that they remained close friends, that they communicated with one another; that they wrote prof notes back and forth to each other over the computer at Phillips.

It will be established and we will show some of those prof notes which will indicate that Steve and Deborah communicated very closely and were close friends and still were on June 11th, 1990. Not only Deborah but other people will communicate and tell you and establish that Steve was committed to his marriage and was going to work out his marriage. And it will be established through Deborah that Steve never told her that he loved her and she never told him that she loved Steve. That they both, due to the problems in their marriage, did wrong, it will be established, but they realize after that that there wasn't anything wrong with them physically and they went back to their marriages. That Steve and Deborah have not communicated since June 11th, 1990.

It will be established that tat the funeral of his wife Sandra, Steve Allen went through a period of aggrieveiment and went through a period of being distraught. And that after the funeral he talked to an individual. He talked to may individuals, some of whom will be here to testify. But one particular individual who will be presented by the state -- Steve will tell you what he said. Steve said, I really loved Sandra. I don't know what happened, but I didn't kill Sandra. I don't know if I can get enough evidence to prove that I didn't but you have to tell the truth.

Ladies and gentlemen, on behalf of the defense, that is some of the evidence we will bring up. It will be established much like if I hold up my hand and say have you seen my hand? You haven't seen my hand, you've only seen the palm. You haven't seen my hand until I turn both sides. Wait until you see both sides.

Ladies and gentlemen, I'll have a chance to talk to you again in this case before you go back t deliberate. When you go back to deliberate in this particular case and search for the truth, when you come out you'll hold your head high because justice will have been done when you say not guilty. Thank you."

The information contained on this pages was taken from the District Court in and for Washington County, State of Oklahoma, Transcript of Jury Trial Proceedings, 7/22/91 and 7/24/9, volume I, page 19.

LH 2000