Durham DA won't have court order amended

Tracey Cline
March 11, 2011 9:00:00 PM PST
Durham's district attorney announced Thursday that she won't fight a judge's order that accused her, another attorney and the State Bureau of Investigation of mishandling the case of a convicted murderer.The judge's order issued earlier this month, served up harsh words for the District Attorney's office headed up by current Judge Jim Hardin and prosecutors Freda Black and Tracey Cline, saying DNA testing in the Derrick Allen murder case was intentionally misleading.

In December, Durham Superior Court Judge Orlando Hudson tossed out the case against 32-year-old Derrick Allen, who had faced murder and sexual assault charges in the 1998 death of his then-girlfriend's 2-year-old daughter.

After Hudson blasted prosecutors, Cline told ABC11 that she expressed her concerns with the judge.

"He explained to me that was not his intention," she said. "That he did not mean to imply that I'd done anything wrong. And I told him that I would be filing a motion to amend that order sometime next week."

But in a motion filed Thursday, Cline said she wouldn't ask the judge to change his order as it relates to her because now that Allen's case is under appeal, it's no longer under the jurisdiction of the Superior Court.

The judge has publicly said he wouldn't change his order or the allegations the case was mishandled. Still, Cline maintains there was no wrongdoing on her part.

She says she remains focused on the state's appeal in Allen's case, saying the evidence proves he raped and killed a 2-year-old girl.

"All of the mistakes that the SBI office, the DA's office or whoever made ... that until we have done all we can do as the state to make sure the person that did that is punished, I won't rest," she said.

Allen has maintained his innocence throughout the case.

The state bar says there is no disciplinary investigation on any of the attorneys involved with the case.

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