LOS ANGELES — A 52-year-old Glendale man will again face a trial on molestation charges, less than a month after a sexual assault case involving his nieces ended in a mistrial.
Deputy Dist. Atty. Phillip Wojdak on Friday said there was enough evidence to try Donald Allen on charges that he molested his daughter.
“[Allen] belongs away from children and the community,” Wojdak said in Los Angeles Superior Court.
A mistrial was declared July 21 in the case accusing Allen of molesting his 14- and 16-year-old nieces when they were 5 and 7.
Allen was to be charged for molesting his daughter in the first trial, but Wojdak said he had trouble getting her to testify. Because he couldn’t get the daughter into court to testify, the charges that Allen molested her had to be dropped.
“She is attempting to hide from the court,” Wojdak said.
Allen’s daughter testified at a preliminary hearing that he had molested her, Wojdak said. The prosecution also has tape of the daughter saying Allen molested her, he said. Wojdak said he would subpoena Allen’s daughter to testify in the second trial.
Judge Anne Egerton granted the new trial.
“I think it’s evidence that could make a difference,” she said.
Egerton denied a motion by Allen’s attorney, Dana Cole, to dismiss the charges.
Cole said Wojdak made a “tactical decision” in the first trial not to call Allen’s daughter to testify. He claimed Wojdak used the first trial as a “dress rehearsal.”
“This costs a lot of money, a lot time and a lot of effort,” Cole told Egerton. “I don’t think that’s fair to Mr. Allen.”
Church officials canvassed the city searching for more molestation victims, but no other victims came forward, Cole said.
“There are no new allegations after so many years,” he said.
Egerton granted a bail reduction for Allen from $200,000 to $75,000, as long as an electronic monitoring device is placed on him.
She told Allen that he cannot have any contact with his daughter. Allen also cannot be alone with children under 14.
In the first trial, the prosecution alleged that Allen molested his 16-year-old niece from May 1999 to May 2001. The 14-year-old niece said she was sexually assaulted from August 1998 to August 2004. The two girls are sisters.
Allen was arrested Oct. 23 after an anonymous tip led Glendale police to the girls.
The sisters testified that Allen had performed sexual acts on them and that they did the same to him.
The younger sister testified that he had molested her since she was 5, and the older sister said he had sexually abused her since she was 7.
The older sister testified that she was sexually abused twice in the projection room at Glendale Adventist Medical Center when Allen was volunteering there for volleyball events.
Both girls testified that Allen showed them pornography on his computer.
VERONICA ROCHA covers public safety and the courts. She may be reached at (818) 637-3232 or by e-mail at email@example.com.