12 FACTS THAT WERE NEVER PRESENTED IN BILLIE'S CASE
"For the last 23 years, my brother and best friend, Billie Allen, has been tried, convicted, and sentenced to death for a crime that he did not commit. I know that any sister, who loves their brother as I love mine, would be quick to come to his defense -- especially if their brother is facing death, but my brother is innocent!!"
- Y.A., sister of Billie Allen
Billie Allen was wrongfully convicted of the 1997 armed robbery and murder of security guard Richard Heflin which took place at the Lindell Bank & Trust in St. Louis, Missouri. Despite no physical, forensic nor documentary evidence linking my brother to the crime, he was arrested the next day. He was told that he was the second suspect involved.
At the time of my brother’s arrest, DNA, GASOLINE, FINGERPRINTS and CLOTHING were collected and tested. All testing came back negative. However, my brother’s attorney failed to disclose this evidence at trial—he failed to disclose multiple pieces of evidence excluding my brother.
During the robbery, blood spatter was found on a leather strap. The Government tested my brother and the victim’s DNA against the leather strap. ALL results came back negative.
The Government tested my brothers clothing for traces of gasoline, and their won results came back negative. Meanwhile, “Co-defendant” Holder’s results came back positive.
FBI agents spoke with an alibi witness who placed my brother at the mall – miles away from the crime scene. – during the time of the crime. However, the alibi was never called to testify. The jury would never hear my brother’s alibi witness. Despite my brother having receipts to prove his whereabouts, his trial attorney never presented those receipts nor any other evidence supporting My brother’s innocence, such as surveillance tapes and camera footage.
Several online sources claim that my brother received medical attention due to injuries he sustained in a get-a-way van. Forensic experts claim the van was soaked in gasoline before crashing and catching fire. Not only did my brother not receive medical attention, he didn’t have any burns on him. On www.freebillieallen.com, you can see during his lineup (which was immediately after he was arrested) that he never received any treatment – unlike “co-defendant Holder” who sustained multiple injuries. In fact, when Holder was removed from the van, emergency personnel had to put out his clothing. Again, during trial, his trial attorney failed to challenge the testimony of the medical examiner who said that he received treatment. Had he received treatment, why aren't there any medical reports or photos?
“Co-defendant Holder” initially said that his “partner in crime” was someone named “John,” but would later change his story and implicate my brother..
An anonymous witness called the FBI to inform them that he overheard “co-defendant Holder” and someone other than my brother discuss robbing a bank a week before it happened. Again, this information was never heard at trial.
The most damning evidence was an alleged confession that officers claimed my brother gave. After my brother was arrested, he invoked his right to remain silent and requested a public defender. Yet, at trial, officers lied under oath and testified that my brother not only confessed, but demanded to do so. However, there are no notes, no recordings nor video to back the officer’s claim. In fact, an officer testified that he had taken notes, but later had thrown them away. Yet again, my brother’s trial attorney did nothing to challenge the officer’s testimony.
Again, my brother’s conviction was based solely on testimony of officers who claimed he confessed. All who have since been discredited. One officer, Carroll Thomas is now incarcerated after being convicted of not only abusing a handcuffed suspect, but he was also being investigated after assaulting a suspect and was recorded threatening to plant a gun on him. Learn more here.
Another officer, Joseph Nickerson fabricated evidence, police statements and paid witnesses to testify against an innocent man who has spent over 20+ years in prison for a crime he didn’t commit. Learn more here.
There was another officer who claimed to have known my brother from a separate case: the investigation of my brother’s friend’s murder (where they were both victims). My brother found the report which shows that the officer never worked the day he claimed.
During the lineup, my brother could hear officers prompting a witness to take a second look at my brother after she had identified someone else. *Please note, my brother is almost 6 inches taller than the person initially identified.
INEFFECTIVE ASSISTANCE OF COUNSEL
To prove ineffective assistance, a defendant must show Counsel’s performance fell below an objective stand of reasonableness and gave rise to a reasonable probability that, had Counsel performed adequately, the result would have been different.
My brother’s trial attorney did absolutely nothing to defend him. Not only did my brother’s trial attorney not follow through with evidence of an alibi witness and another suspect, he failed to disclose that DNA samples from a leather strap were not only tested but EXCLUDED my brother. He failed to disclose test results from my brother’s clothing – test results that came back negative. He failed to discover witness reports that described someone other than my brother running from the crime scene.
"Please use your voice, your power and your platform to correct the failure of the Federal Criminal Justice System. Until my brother’s life is saved, I will feel no peace; my family will feel no peace. My brother belongs home with his family, not on Federal Death Row. Please join my family and me in urging the United States’ government to not just spare my brother’s life, but exonerate him."
- Y.A., sister of Billie Allen