SAVE KERRY DIMART ALLEN IN TEXAS
Who is Kerry Dimart Allen
K. D. Allen has ran out of all his appeals and his facing getting an imminent execution date.
His very close French pen friend, Anne, who visits him regularly on death row with her husband, has financed his programme of high school study. (copy of diploma available).
Kerry and Anne have a unique special friendship:
Anne is a retired teacher who started to write to Kerry at age 63. She has had an unfortunate childhood involving sexual abuse. Kerry himself was born out of a rape.Kerry is the little brother Anne always dreamt to have. Today Anne is suffering from multiple sclerosis and would be very seriously affected by the execution of her friend. Whatever Kerry may have done or not done, this execution should be postponed indefinitely on a humanitarian ground.
Anne wishes to write in the letter to the Governor:
" I admire Kerry's courage, his will, his strength and the compassion he shows for all the people he knows who suffer. I am one of them since I have been suffering from Multiple Sclerosis for years now and Mr. Kerry Allen has always comforted me and encouraged me to fight against this terrible disease. I need his support as he needs mine. My neurologists are convinced that the possible execution of my friend Kerry ALLEN would have a very negative impact on my disease and would increase its severity."
Note: A health website on Multiple Sclerosis provides that:
"An important aspect of MS treatment is creating a support network that may include loved ones who can physically help out, as well as a support group that can provide emotional strength." Stress is indeed a common trigger for MS flares.
Read more:
Kerry and Anne's testimony in the exhibition Nothing But the Truth, a web show about the special friendship of prisoners on death row and their friends around the world -- an exhibition made with the kind support of Robert Badinter, ex prime justice MInister in France.
Case summary
On April 27, 2001, Kerry Dimart Allen was found guilty of the felony offense of capital murder of two year old Kienna Baker and sentenced to death on May 5th, 2001. He was represented by R.P, Cornelius and Alvin Nunnery at trial.
The State's trial evidence showed that forty-year-old Allen had lived with twenty-three-year-old Kimberly Renee Jones and her four children, including the victim, for six months prior to the murder. Allen, who told Ms. Jones that he was an evangelist preacher, was unemployed. Allen watched Ms. Jones' children while she worked.
On May 10, 2000, Allen called Ms. Jones' workplace and told her to come home because of an emergency. Allen met her in the parking lot of their apartment, saying: "I didn't do anything to her." Allen said that the victim fell from the toilet after he spanked her for wetting herself.
An autopsy suggested that the victim had been anally raped and that the sexual assault contributed to her death. The autopsy also found that the victim had died from blunt force trauma.
Allen’s trial attorneys did not call any witnesses in the guilt/innocence phase of the trial.
From the prosecution’s witnesses, the jury learned that years before the murder, Allen had pleaded guilty in Texas to two counts of felony sexual assault, and the probated sentence that he had received for that crime had been revoked because Allen failed to report to officers, did not participate in a court-ordered sex-offender program, and failed to pay fines.
Read more about the case
Direct Appeal June 2003 (Source: Murderpedia)
Court of Criminal Appeals, en banc, 2003
District Court, 2014
Appeal filed November 9th, 2015
Article about his lost appeal Nov. 2015
On April 27, 2001, Kerry Dimart Allen was found guilty of the felony offense of capital murder of two year old Kienna Baker and sentenced to death on May 5th, 2001. He was represented by R.P, Cornelius and Alvin Nunnery at trial.
The State's trial evidence showed that forty-year-old Allen had lived with twenty-three-year-old Kimberly Renee Jones and her four children, including the victim, for six months prior to the murder. Allen, who told Ms. Jones that he was an evangelist preacher, was unemployed. Allen watched Ms. Jones' children while she worked.
On May 10, 2000, Allen called Ms. Jones' workplace and told her to come home because of an emergency. Allen met her in the parking lot of their apartment, saying: "I didn't do anything to her." Allen said that the victim fell from the toilet after he spanked her for wetting herself.
An autopsy suggested that the victim had been anally raped and that the sexual assault contributed to her death. The autopsy also found that the victim had died from blunt force trauma.
Allen’s trial attorneys did not call any witnesses in the guilt/innocence phase of the trial.
From the prosecution’s witnesses, the jury learned that years before the murder, Allen had pleaded guilty in Texas to two counts of felony sexual assault, and the probated sentence that he had received for that crime had been revoked because Allen failed to report to officers, did not participate in a court-ordered sex-offender program, and failed to pay fines.
Read more about the case
Direct Appeal June 2003 (Source: Murderpedia)
Court of Criminal Appeals, en banc, 2003
District Court, 2014
Appeal filed November 9th, 2015
Article about his lost appeal Nov. 2015
Potential issues
1. Key mitigation evidence apparently never presented at trial (or after) -- later apparently found by one of Kerry's friends in a library.
This article shows evidence of what Kerry has been maintaining: That he helped save the life of two elderly people in 1991, risking his own life, in the context of a rescue after their vehicles had washed off the Union County road. This articles has apparently a title which is "Evangelists do not only save souls"
1. Key mitigation evidence apparently never presented at trial (or after) -- later apparently found by one of Kerry's friends in a library.
This article shows evidence of what Kerry has been maintaining: That he helped save the life of two elderly people in 1991, risking his own life, in the context of a rescue after their vehicles had washed off the Union County road. This articles has apparently a title which is "Evangelists do not only save souls"
2. All white jury including a jury member who admitted she was racist (no detail available)
Kerry says:
"I told him [his attorney] he even voiced that the racist claim was good. Now he claims that it was not preserved for appeal, whatever that means"
3. Crime Lab scandal and inconclusive DNA test results
The Houston CrimeLab that made the DNA analysis in Kerry's case was caught in a web of incompetence in 2003, leading to its closing, resignation of a supervisor and putting in question hundreds of DNA tests including the DNA test of Kerry Allen. A DNA analyst was fired and then re-hired (Christy Kim).
Kerry Allen's DNA test had to be re-done (in July 2005). The evidence received included 17 different types of samples. Below are the results, which appear, on the whole, inconclusive, though KD Allen "cannot be excluded as a possible contributor to the mixture" in two of the samples. Below are the results.
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Crime lab scandal
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DNA test results
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4. Potential Issue with current attorneys:
- No apparent plan to develop any further appeal
Kerry writes in a letter sent to us by his supporter :
"I told him [his attorney] that when Seth came, he told me to gather letter of clemency for the Governor and it appeared that both of you have no intentions of filing anything upon me getting a date. So I wanted to be clear that if they don't intend to file nothing when I get a date, will they allow anyone, who steps in pro bono to help and not prevent from helping me".
- Issue with one of the legal motion filed by Seth Kretzer.
It seems that the names of (Raphael) Holiday and Kerry Allen have been confused in the same legal motion with no apparent obvious reason.
The page below is issued from a Petition for Writ of Habeas Corpus, 351st District Court Harris Texas, Southern District of Houston Division, Kerry Dimart Allen v Rick Thaler No 4:10-mc-00202
- No apparent plan to develop any further appeal
Kerry writes in a letter sent to us by his supporter :
"I told him [his attorney] that when Seth came, he told me to gather letter of clemency for the Governor and it appeared that both of you have no intentions of filing anything upon me getting a date. So I wanted to be clear that if they don't intend to file nothing when I get a date, will they allow anyone, who steps in pro bono to help and not prevent from helping me".
- Issue with one of the legal motion filed by Seth Kretzer.
It seems that the names of (Raphael) Holiday and Kerry Allen have been confused in the same legal motion with no apparent obvious reason.
The page below is issued from a Petition for Writ of Habeas Corpus, 351st District Court Harris Texas, Southern District of Houston Division, Kerry Dimart Allen v Rick Thaler No 4:10-mc-00202
| motion_page_4_oct_31st_2011.pdf |
5. More points: See letter dated May 4th, 2006:
| kerry_allen_-_evidence_2006-5-4_-_crim_court_appeals-1.jpg |
What his supporters say
"The fact that disturbs me most is, that he has the same infamous lawyers, who even refused to ask the board of pardons and paroles or the governor for clemency in the case of my friend Raphael Holiday, who was executed some months ago. They told him it is a waste of time since the governor never stays an execution. Raphael begged them to step back from his case so he can get another lawyer to file these things for him, but they downright refused to do so. (...)"
Renate, pen friend of both Raphael Holiday (executed) and K.D. Allen
"The fact that disturbs me most is, that he has the same infamous lawyers, who even refused to ask the board of pardons and paroles or the governor for clemency in the case of my friend Raphael Holiday, who was executed some months ago. They told him it is a waste of time since the governor never stays an execution. Raphael begged them to step back from his case so he can get another lawyer to file these things for him, but they downright refused to do so. (...)"
Renate, pen friend of both Raphael Holiday (executed) and K.D. Allen
Contact of the lawyers
1) Seth Kretzer : seth@kretzerfirm.com
2) Jonathan Landers : jonathan.landers@gmail.com
Other past lawyer:
Danny Easterling
Easterling & Easterling, P.C.
1018 Preston, 6th floor
Houston, Texas 7702
1) Seth Kretzer : seth@kretzerfirm.com
2) Jonathan Landers : jonathan.landers@gmail.com
Other past lawyer:
Danny Easterling
Easterling & Easterling, P.C.
1018 Preston, 6th floor
Houston, Texas 7702
