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Convicted murderer escapes child sex assault charges after 17-year-old fails to testify


The Lufkin Daily News

Thursday, November 05, 2009

Editor's note: This story contains corrected information on the alleged victim's age, and updated information on the dismissed charges.

An Angelina County man previously convicted for a Cherokee County murder had five child sexual abuse charges against him dropped Tuesday in exchange for a plea bargain after an alleged victim in the case failed to appear for testimony.

Contributed photo
John Newton Allen
 

A second alleged victim was in court, but neither defense nor prosecution wanted to move forward without the second girl's testimony, District Attorney Clyde Herrington said Friday. Both alleged victim's cases had been combined under the indictment, which was dismissed, Herrington said.

John Newton Allen, 62, who has been serving the remainder of his murder conviction on parole, struck a plea bargain with county officials after one of the two girls he allegedly abused did not show for court, according to prosecutors.

Allen plea bargained with the county for a five-year sentence of child endangerment, a lesser charge and a third-degree felony, according to the court's judgment documents. Allen has remained in jail since being arrested last June for the sexual abuse allegations.

District Attorney Clyde Herrington said the charge will garner Allen additional jail time for violating his parole.

"The young lady in this case had been notified several times about the court date, but she unfortunately failed to appear," Herrington said. "When she didn't show we had to do what we could to see the case through. Hopefully with the parole violation, this will at least keep him off the streets for the next couple of years. If we had proceeded with the case there was the chance he could have gotten off from the charges and we couldn't let that happen."

One of the underage girls alleged that Allen had been sexually abusing her since she was 9, and told investigators he first began by offering her candy and later alcohol and marijuana as she grew older, according to a previous article in The Lufkin Daily News. She said the sexual assaults had occurred daily during the past four years.

The other girl in the case told investigators Allen had sexually assaulted her in 2007 after giving her marijuana, alcohol and Xanax — a prescription drug often used to treat anxiety, an arrest affidavit stated.

Allen was previously convicted for the murder of Steve Buckley in 1984, in Cherokee County.

He was sentenced to life in prison, but was released on parole in 1994 to serve out the remainder of his sentence, according to a previous article in The Lufkin Daily News.

No further details on the murder charge were immediately available.

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