A Cortez man faces a new trial on child molestation charges after jurors failed to reach a verdict earlier this month.
For 10 hours last week, jurors weighed four days of testimony and evidence before announcing that they were unable to reach a verdict in the case against convicted sex offender Andrew Allmon, 55, of Cortez. Chief District Court Judge Doug Walker declared a mistrial.
On Tuesday, Jan. 20, District Attorney Will Furse requested a second trial.
Walker granted the request, setting a trial date for March 3. The new jury will consider six counts of child sexual assault involving an 8-year-old girl.
As a result of the hung jury, public defender Amy R. Smith requested a bond reduction for her client on Tuesday. Allmon has remained in custody since his arrest in June 2013.
Smith argued that her client’s $30,000 bond should be reduced to $1,000, stating that the evidence in the case wasn’t strong enough to support such a high bond amount. Assistant District Attorney Sean Murray disagreed, stating the case involved serious allegations. Walker denied the defense request, stating that Allman faces a possible life sentence if convicted.
Because of news coverage of the first trial, Smith also indicated that the defense was likely to file a motion for a change of venue. If the case isn’t moved, some 300 Montezuma County residents could be summoned as potential jurors, Walker said.
At the first trial, Allmon was found not guilty on three counts of child sexual assault. He originally faced nine sex assault charges and four drug related offenses. A separate jury is expected to decide the drug charges in May.
In a closing statement to jurors on Jan. 15, Furse said the defendant sexually abused the alleged victim “not once, not twice, but three times.” Smith countered in her closing statements that the parents of the alleged victim instructed the child to fabricate the allegations against her client.
According to testimony at the first trial, Allmon invited a husband and wife along with their daughters, then 15, 13 and 8, to live with him in April 2013 after they had been evicted from their home.
Last week, jurors also heard inconsistent statements from the only eyewitness of the alleged crimes, and no physical evidence was presented. Allmon didn’t testify.
