Sunday, February 1, 2015
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Lawyers for man accused in teen’s death seek dismissal of charges

Genelle Renee Conway-Allen, 13, of Suisun City, is shown at left in a photo provided by Fairfield police. Anthony Lamar Jones, 32, of Fairfield, was arrested early Friday, Feb. 8, 2013, in Fairfield on suspicion of killing Conway-Allen, whose naked body was found early Feb. 1 at Allan Witt Park in Fairfield.

Genelle Renee Conway-Allen, 13, of Suisun City, is shown at left in a photo provided by Fairfield police. Anthony Lamar Jones, 32, of Fairfield, was arrested early Friday, Feb. 8, 2013, in Fairfield on suspicion of killing Conway-Allen, whose naked body was found early Feb. 1, 2013, at Allan Witt Park in Fairfield.

By
From page A1 | January 15, 2014 |

FAIRFIELD — An email has prompted defense lawyers to ask a judge to throw out the possible death penalty case of a Fairfield man accused of raping and strangling a 13-year-girl before dumping her nude body in Allan Witt Park in February 2013.

The email from Dr. Susan Hogan, who performed the autopsy on Genelle Renee Conway-Allen, was sent to the prosecutor who was handling the case at the time, Solano County Chief Deputy District Attorney Terry Ray, the day before Anthony L. Jones was arrested by Fairfield police after a weeklong investigation into Conway-Allen’s killing.

Jones, 33, is scheduled to next appear in court Feb. 10 in front of Judge E. Bradley Nelson. No dates for a probable cause hearing have been scheduled. Jones has pleaded not guilty to a murder charge with three special circumstances, making him eligible for the death penalty.

Hogan’s email mentions that the autopsy revealed no signs of trauma common in rape cases and suggested that Conway-Allen may have died during consensual sex.

The email was sent to Ray a week after Hogan’s autopsy, after prosecutors decided they wanted a second autopsy conducted by a pathologist in Santa Clara County.

Jones’ defense lawyers are calling for the case to be thrown out because they were not provided a copy of the email until September. The defense team claims the email shows there was no rape and that the killing was accidental. They also claim that not providing them a copy of the email was part of a deliberate scheme by Ray to mislead the public and the media and build animosity against Jones, who they say is the victim of unfounded charges.

Failure by prosecutors to disclose information to the defense about a case can be grounds for having a case dismissed.

Hogan left the Sheriff/Coroner’s Office in December and the Jones case has been reassigned to another prosecutor.

Solano County Deputy Public Defenders John Mendenhall and Melainee Collins, in a brief filed Monday, repeatedly label the delay in sharing the email as an act of “outrageous  government conduct” and the “intentional suppression” of evidence pointing to Jones’ innocence.

The defense team also claims the delay in revealing the email is part of a continuing pattern by prosecutors of collusion and a collaborative action with coroners. They revive the troubled history in the Sheriff/Coroner’s Office that includes the 2011 review of 27 homicide autopsies done after the checkered medical career of a previous pathologist came to light.

The defense team proposes alternative punishments for the prosecution if Nelson decides that throwing out the case against Jones is inappropriate. Mendenhall and Collins propose not letting prosecutors seek the death penalty, making them dismiss the special circumstances or require jurors at trial be told about “prosecution efforts to suppress evidence.”

Prosecutors will file a response to the defense team request before Jones’ next scheduled court appearance.

Jones remains in jail without bail.

Reach Jess Sullivan at 427-6919 or [email protected] Follow him on Twitter at www.twitter.com/jsullivandr.

Editor’s note: The information below contains profanity and sensitive details concerning the initial autopsy that was performed on Genelle Renee Conway-Allen.

The email in question

From: Susan Hogan
To: Terry Ray
Thursday, February 07, 2013 1:25 p.m.
Subject: 2nd autopsy

The 13-year-old is a very straight forward ligature strangling case. She had a ligature mark around her neck and petechial hemorrhages on her face proximate to the ligature.

She has no evidence of trauma to her genitals or her anus (this looks to me like she was having sex and someone put a ligature around her neck – what am I saying – just between you and me – is I think this may be an “Oh shit” during consensual sex).

The FBI had her out of the refrigerator for 8 hours on Tuesday so she is seriously starting to decompose – so she does not need a long unrefrigerated trip to Santa Clara – and why Santa Clara?

I am really starting to think Miss Michele is one of those pathologists whose agenda is “I am smarter than any other pathologist.”

Frankly – real pathologist are very reluctant to do second autopsies because so much information is lost in the performance of an autopsy.

Also she has a parous cervical os – which indicates she has given birth.

P.S. Eric Charm called into sheriff’s office in Vallejo after I waited an hour and a half to say that he didn’t need me today – so I have no idea when he does need me. Also Haroon Khan needs me tomorrow – the subpoena is for 10 but I asked him to give me a better approximation of when he needs me.

I wish I could drink at work !!!!!!

You know you can ask me about any case and discuss anything with me anytime.

Jess Sullivan

Jess has covered the criminal justice system in Solano County for several years. He was an embedded reporter in Iraq in 2003.
LEAVE A COMMENT

Discussion | 21 comments

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  • skeptic scroogeJanuary 15, 2014 - 1:51 am

    Her cervix looked like she gave birth because he broke her insides while sexing and had a rope around her neck to force her to cooperate which is why it looked consensual to examiner. Or he strangled her before they sexed. 13 year old girls dont bdsm. Ever.

    Reply | Report abusive comment
  • elleryJanuary 15, 2014 - 1:58 am

    way too much information.

    Reply | Report abusive comment
  • Rita GoldenJanuary 15, 2014 - 10:32 am

    skeptic scrooge, you said exactly what I was thinking! This man needs to be put to death!

    Reply | Report abusive comment
  • EtcFebruary 08, 2014 - 12:40 am

    Actually...she really had given birth (but had to give the baby up)...an unfortunate part of her dark history. If you're reading this, please, PLEASE do everything in your power to raise your KIDS, and raise them RIGHT.

    Reply | Report abusive comment
  • jpFebruary 19, 2014 - 4:44 am

    RE: Etc February 08, 2014 - 12:40am, i personally know the victim and family,it is a fact she did not give birth or have any type of late term pregnancy,or any known pregnancy at all. maybe u are mistaking that info for her older sister, who had a baby at 15 and several months later was taken into foster care by cps.

    Reply | Report abusive comment
  • Tipsy "TopsyJanuary 15, 2014 - 1:58 am

    The way the examiner is obviously flirting in the email is unprofessional and reason enough for a prosecutor to request a second opinion. Maybe she was drunk from the night before when she did the autopsy.

    Reply | Report abusive comment
  • CD BrooksJanuary 15, 2014 - 6:30 am

    What a nasty mess of unnecessary public information. Mistrial! The death penalty is all but "dead" here in CA so that point needn't be argued. Even if convicted and sentenced to death, there has pretty much been a moratorium against using it since 2006.

    Reply | Report abusive comment
  • my2centsJanuary 15, 2014 - 7:47 am

    A CHILD can't consent to sexual intercourse, whether she previously gave birth or not. All a prior birth would prove was that a then, 11 or 12 year old child, was the victim of a prior sexual assault. This story and the information disclosed in it during an ongoing trial might be enough for a mistrial! Next trial needs a gag order. This case shouldn't be being heard in Solano County at this point. Dr. Hogan and Ray are evidently on the same "hit list" as the newly appointed Judge. The Deep Throat source likely has some personal agenda. All a sad commentary on "Justice" in America.

    Reply | Report abusive comment
  • Suisun1January 15, 2014 - 8:38 am

    A sad story regardless of what the decision is--a child is gone. Great job by the Daily Republic on this reporting. I like that you're presenting the original email and letting readers decide for themselves. I caution your paper to continue to report in a way that is fair and objective during this tragic case.

    Reply | Report abusive comment
  • BJanuary 15, 2014 - 8:35 am

    At best, he strangled and had sex with a 13 year old. Warrants a death penalty right there. Save some millions, get the rope.

    Reply | Report abusive comment
  • Now Let's Just Face ItJanuary 15, 2014 - 12:33 pm

    B I agree..

    Reply | Report abusive comment
  • GailJanuary 15, 2014 - 10:50 am

    How dare they make him out to be the victim here! How could it have been consensual she was not old enough to consent! This just makes me sick to my stomach! I have a teenage daughter and they better not release this monster out into the streets to hurt another little girl!

    Reply | Report abusive comment
  • Now Let's Just Face ItJanuary 15, 2014 - 12:36 pm

    Gail I agree why would they even consider such a option.. He is a monster. Solano County can't be serious. We as a community need to stand for JUSTICE on this one!! He has to go!

    Reply | Report abusive comment
  • YEP ITS ME AGAINJanuary 15, 2014 - 12:17 pm

    SOUNDS TO ME LIKE THE COMMUNITY NEEDS TO GET TOGETHER AND DECIDE FOR THEMSELVES THAT THEY DONT WANT THIS IN THEIR PRESENCE.

    Reply | Report abusive comment
  • Now Let's Just Face ItJanuary 15, 2014 - 12:30 pm

    This just made me physically ill. DR I am disgusted that you put so many 'details' in the article... And to think Solano County would even consider to let a SOB like this walk?! It is friggin unimaginable!! To the GOOD CITIZENS of Solano County: We need to stand together on this and make sure that this man wishes he was NEVER born! He was awful to his wife and awful to his poor son who has to go to school everyday and bear his name! I spit on his grave! These charges are not unfounded! You don't have a 'Oh S***" Moment with a 13 year old girl and throw her naked corpse in a park where she should have been playing!

    Reply | Report abusive comment
  • BJanuary 15, 2014 - 1:10 pm

    Im not certain I could even fathom a fitting punishment for this monster. He'll never face what he deserves, unfortunately. It sickens me at how these pieces of trash get treated by our "justice" system.

    Reply | Report abusive comment
  • Bill of RightsJanuary 15, 2014 - 1:31 pm

    Yet, another vile and disgusting attempt by defense attorneys (Aka: Solano County Oublic Defenders Office) to create smoke and mirrors and avoidance away from the defendant!! Not buying it and not buying a consensual act with a child who is not able to give consent. Get to the hearing, deny the motion and move onto the next phase of defense smoke and mirrors. To the DR and Jess Sullivan, all I have to say is shame on you for printing this e-mail. For family and friends to have to read about this in a public forum is as disgusting as the tactics of the defense attorneys! What did you get by printing this? I hope you feel it was worth it. I say not! This has to have been the lowest form of investigative journalism I have ever seen!

    Reply | Report abusive comment
  • LoveleeJanuary 15, 2014 - 7:52 pm

    Maybe the DR published this so we could see first hand how this is being handled and we could help fight for her justice. Just a thought.

    Reply | Report abusive comment
  • Tipsy "TopsyJanuary 16, 2014 - 12:45 am

    Agreed, DR actually shed new light on reasons why the pathologist is no longer serving Solano. The same pathologist is quoted in another article as refusing to testify in another case, so it sounds like she has a current fued with prosecutors office. I don't think this email can help the defenses case because at no point is the defendant mentioned. He hadnt been arrested, the pathologist probably didnt know the defendants age because a defendant hadn't been named yet, and perhaps that is why she chose the word consensual.

    Reply | Report abusive comment
  • Russell PhiferJanuary 16, 2014 - 10:38 am

    good story,though it's sad that this young girl was killed...may she get justice.

    Reply | Report abusive comment
  • Cara WalkerJanuary 16, 2014 - 6:43 pm

    Shameful to even print that email. Genelle's classmates CAN read for Gods sake. Her MOTHER does read. Why would this editor feel compelled to publish just horrific things that were in an INFORMAL email? It's clear that this email was informal communication. Not that it justifies the insensitivity regarding the tone......but please. This was a CHILD who can't consent to anything much less sex with this deviant.

    Reply | Report abusive comment
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