Judge denies a new trial for convicted child rapist

By Phil Ray, pray@altoonamirror.com


HOLLIDAYSBURG — A Blair County judge has refused to grant a new trial to an Arizona man convicted in April of a child rape that occurred almost 10 years ago.

Last month, defense attorney Phillip O. Robertson asked Senior Judge Thomas G. Peoples to overturn the verdicts against Howard Scott Allison of Huachuca, who is awaiting sentencing on charges of child rape, statutory sexual assault and corruption of a minor.

Allison was convicted for assaulting a 6-year-old in 1998 while Allison was visiting his family home near Williamsburg.

During the trial, two of Allison’s younger sisters testified that he abused them more than 20 years ago when they were growing up. Their testimony was similar to that of the victim, who did not reveal the assault to authorities until she became a teenager.

Robertson asked for the new trial based on what he called ‘‘inappropriate’’ comments made by Assistant District Attorney Deanne Paul during her summation to the jury.

During the trial, Paul questioned Allison about sexual offender counseling he had when he was younger.

Robertson contended that Paul asked the jury during closing arguments why Allison sought counseling if he was not a sexual offender.

He charged that Paul’s comments were ‘‘so inflammatory and prejudicial and inappropriate that a mistrial should have been granted.’’

The jury asked a question of the judge concerning the sexual offender counseling during its deliberations, which Robertson said was further evidence that Paul’s comments were decisive in Allison’s conviction.

Peoples dismissed Robertson’s petition, concluding that Robertson ‘‘has failed to demonstrate any entitlement to extraordinary relief.’’

After Allison’s conviction, the judge raised his bond from $75,000 to $500,000 straight.

Robertson can appeal the conviction with the state Superior Court after Allison is sentenced.

Mirror Staff Writer Phil Ray is at 946-7468.