Judge denies bond to MC professor
by Bob Campbell
Midland Reporter-Telegram
By Bob Campbell
Staff Writer
U.S. Magistrate L. Stuart Platt on Tuesday refused to set bail for Midland College Theater Director David Roger Allen, who stands accused of transmitting child pornography,. Platt also denied 45 days of therapy at Allen's expense because two centers proposed by the defense are considered inappropriate.
Giving attorneys Joe Rosenbaum of Miami and Adrian Chavez of Odessa 48 hours to find three more options, Platt said a place in Tucson, Ariz., is unacceptable because it does not adequately separate the victims of sexual abuse from its perpetrators.
He also ruled out a center in Argyle, southwest of Denton, because the U.S. Probation Office in Sherman does not use electronic monitoring. "The court is looking for a facility that focuses on men's sexual addictions and does not integrate individuals on a campus where there are victims of sexual crimes," Platt said.
"The court is also looking for a location where accountability can be maintained with a U.S. Pre-Trial Services-Probation Office and the defendant maintained on electronic surveillance."
Referring to both facilities cited by Rosenbaum and Chavez, the judge wrote, "The concept of placing him in a program that offers lush surroundings with a chef, an inability to monitor him closely from the court's standpoint, exposure to victims and equine therapy for an individual whose viewing of bestiality is part of his sexual addiction does not seem suitable."
Leaving Allen in a segregated cell at Odessa Detention Center for now, Platt said the 10-year professor might end up being evaluated at a federal psychiatric hospital.
"He has already attempted suicide in the past two weeks, acknowledged a major sexual addiction, claimed he was abused by someone when he was young and admitted committing sexually abusive conduct to one or more persons as a juvenile," Platt wrote in an order filed in the U.S. District Clerk's Office at 3:30 p.m.
"The court has found probable cause exists that the defendant was in possession of child pornography, including the fact that there was evidence of several hundred pictures of child pornography, which are repulsive in nature."
Allen, 55, was arrested by U.S. Immigration & Customs Enforcement agents at 7 p.m. May 19 behind his home in the 5200 block of Quicksand Drive in Northwest Midland. USICE had confiscated four computers from his home and MC office during the execution of a May 15 search warrant.
College officials said last week that Allen's contract status might be reviewed if evidence of wrongdoing is found on his office computer. He has been placed on unpaid leave.
Two dozen of his friends and relatives attended a two-hour detention hearing last Friday in Platt's court, where the judge heard testimony that the balding, bespectacled suspect was hospitalized after overdosing on prescription drugs for panic and depression. He will not be asked to enter a plea of guilty or not guilty until after the bond issue has been settled.
Assistant U.S. Attorneys John Klassen and Kerry Fleck said they would contest bail in the court of U.S. District Judge Robert Junell because Allen "is a danger to the community and apparently to himself" and because he has the financial ability to flee the country if released.
Bob Campbell can be reached at campbell@mrt.com.
Staff Writer
U.S. Magistrate L. Stuart Platt on Tuesday refused to set bail for Midland College Theater Director David Roger Allen, who stands accused of transmitting child pornography,. Platt also denied 45 days of therapy at Allen's expense because two centers proposed by the defense are considered inappropriate.
Giving attorneys Joe Rosenbaum of Miami and Adrian Chavez of Odessa 48 hours to find three more options, Platt said a place in Tucson, Ariz., is unacceptable because it does not adequately separate the victims of sexual abuse from its perpetrators.
He also ruled out a center in Argyle, southwest of Denton, because the U.S. Probation Office in Sherman does not use electronic monitoring. "The court is looking for a facility that focuses on men's sexual addictions and does not integrate individuals on a campus where there are victims of sexual crimes," Platt said.
"The court is also looking for a location where accountability can be maintained with a U.S. Pre-Trial Services-Probation Office and the defendant maintained on electronic surveillance."
Referring to both facilities cited by Rosenbaum and Chavez, the judge wrote, "The concept of placing him in a program that offers lush surroundings with a chef, an inability to monitor him closely from the court's standpoint, exposure to victims and equine therapy for an individual whose viewing of bestiality is part of his sexual addiction does not seem suitable."
Leaving Allen in a segregated cell at Odessa Detention Center for now, Platt said the 10-year professor might end up being evaluated at a federal psychiatric hospital.
"He has already attempted suicide in the past two weeks, acknowledged a major sexual addiction, claimed he was abused by someone when he was young and admitted committing sexually abusive conduct to one or more persons as a juvenile," Platt wrote in an order filed in the U.S. District Clerk's Office at 3:30 p.m.
"The court has found probable cause exists that the defendant was in possession of child pornography, including the fact that there was evidence of several hundred pictures of child pornography, which are repulsive in nature."
Allen, 55, was arrested by U.S. Immigration & Customs Enforcement agents at 7 p.m. May 19 behind his home in the 5200 block of Quicksand Drive in Northwest Midland. USICE had confiscated four computers from his home and MC office during the execution of a May 15 search warrant.
College officials said last week that Allen's contract status might be reviewed if evidence of wrongdoing is found on his office computer. He has been placed on unpaid leave.
Two dozen of his friends and relatives attended a two-hour detention hearing last Friday in Platt's court, where the judge heard testimony that the balding, bespectacled suspect was hospitalized after overdosing on prescription drugs for panic and depression. He will not be asked to enter a plea of guilty or not guilty until after the bond issue has been settled.
Assistant U.S. Attorneys John Klassen and Kerry Fleck said they would contest bail in the court of U.S. District Judge Robert Junell because Allen "is a danger to the community and apparently to himself" and because he has the financial ability to flee the country if released.
Bob Campbell can be reached at campbell@mrt.com.
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OMG wrote on May 28, 2008 1:03 PM: