CLEARFIELD – Although the crime is alleged to have happened more than 10 years ago, the emotions of that day were still there for two witnesses who testified Monday morning in the Jack E. Allen murder case.
Allen was convicted of using a shotgun to shoot his wife, Theresa Allen, in the back while outside her Lawrence Park Village home on July 19, 1995. The case was remanded to Clearfield County for a new trial by a higher court because he was not properly informed of his rights in representing himself.
Allen is representing himself in this trial, a fact that visibly made testifying difficult for at least two commonwealth witnesses.
One witness entered the courtroom shaking and carrying a handkerchief. She said Allen called her on July 19, 1995, to ask whether Theresa Allen was home. She said Theresa Allen was not, but she would call when she was home. The witness did as she promised, and Allen arrived to have the woman deliver roses and a card to his wife.
Theresa Allen, the witness said, tore up the card and put the roses in her car to donate them to the church.
Another witness said she saw Allen in the parking lot of the development. She testified that she told Theresa Allen that she would watch to make sure nothing happened to her.
A short time later, a child in the area yelled that someone had a gun, causing the witness to go to the doorway of her unit.
She said she saw Allen and his wife talking, and then Theresa Allen began to walk away. The witness said Allen then held a shotgun under his arm and shot his wife in the back. “When I got to the doorway, you held the gun up and I looked at Theresa and ‘pow,'” the witness told Allen in the courtroom.
At that time, Allen went to his van and left.
Both of the eyewitnesses said there were children some 10 or 15 feet away when Theresa Allen was shot.
Another commonwealth witness said Allen lived with her and her husband after separating from his wife. She said Allen told her that he had nightmares about killing his wife about two weeks before the murder.
Before court broke for a lunch break, Allen questioned one witness’ testimony, saying she said different things in the original trial than she did Monday.
Clearfield County President Judge Fredric J. Ammerman said there is no legal stop to calling this information out in front of the jury, but the judge cautioned Allen to be careful.
“It certainly is not in your interest … in letting this jury know you were tried for this case and convicted 10 years ago,” Ammerman said. “That could certainly be prejudicial in the eyes of the jury.”
Ammerman further stated that if, upon questioning by Allen, a witness states something about a previous trial, he would not be apt to grant a mistrial.
The case is scheduled to be heard before Ammerman through Friday.