AUBURN – The lawyer for a Lisbon woman accused of shaking her adopted son to death last February was ready to go to court Friday and ask a judge to dismiss the case.
After waiting for more than two months to get police notes and other evidence from state prosecutors, defense lawyer Verne Paradie filed a motion in court.
He asked the court to sanction the state and throw out the manslaughter charge against Sarah Allen.
Paradie agreed not to pursue his request Friday, after Assistant Attorney General Lisa Marchese explained that she had made a mistake and that she would deliver the evidence by Sept. 22.
The court issued an order last June, giving the state 30 days to hand over the written notes from the police investigation. After two months went by and Paradie still hadn’t received the notes, he filed his motion asking that the case be dismissed.
“I apologized to Mr. Paradie yesterday and I’ll apologize to the court today,” Marchese said Friday. “I didn’t see the court’s order.”
Marchese explained that she had thought a hearing would be held to discuss Paradie’s request for the evidence. After realizing her mistake, she asked the lead detective to give her his notes by Sept. 19.
She told Gorman Friday that she would hand them over to Paradie as soon as she got them.
Gorman was also scheduled Friday to hear arguments from Sarah and Jeremy Allen’s lawyers on why they believe the husband and wife should be tried separately.
Sarah Allen has been charged with manslaughter in the death of her son, Nathaniel. Her husband faces a less serious charge of assault for allegedly spanking the 22-month-old boy with a spatula three days before he died.
Even though the charges are different and stem from separate incidents, the state wants to try the Lisbon couple before the same jury.
Lawyers for the Allens filed similar motions, stating that a joint trial would be unfair and could prejudice the jury.
Gorman decided Friday not to hear arguments on the motions until all of the evidence has been gathered and distributed to both sides.
The couple’s trial likely will be held next March or April.
lchmelecki@sunjournal.com
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