Sexual-abuse case dismissed

PASADENA — A Superior Court judge on Thursday dismissed the case against a 52-year-old Glendale man accused of molesting his daughter and two nieces because the main witness couldn’t be found.

It was the second case prosecutors had pursued against Donald Allen, whose first trial of charges of molesting his nieces ended when the jury deadlocked 11 to 1.

Pasadena Superior Court Judge Teri Schwartz dismissed the case against Allen on Thursday when prosectors couldn’t find Allen’s 23-year-old daughter, who was not part of the first case against him and promised to be their star witness.

“At this time, the people are unable to locate the necessary witness,” Deputy Dist. Atty. Philip Wojdak said.

But prosecutors will consider refiling molestation charges against Allen if they find his daughter, Wojdak said.

Allen’s attorney, Dana Cole, told Schwartz in court that the prosecution should not be allowed to refile charges.

Los Angeles Superior Court Judge Anne Egerton declared a mistrial on July 21 when jurors deadlocked, with 11 saying there was not enough evidence to convict Allen of molesting his nieces because they believed the girl’s testimony was inconsistent.

Egerton granted a new trial after Wojdak said there was enough evidence to try Allen on charges that he molested his daughter, but Egerton told prosecutors they had to get Allen’s daughter in court to testify by Sept. 8 to go forward with molestation charges, Schwartz said.

Allen was to be charged for molesting his daughter in the first trial, but Wojdak said he could not find her to testify, so the charges had to be dropped.

Allen’s arrest and trial were “a long and difficult road for his family,” Cole said.

“Sexual-abuse allegations are always easy to make and . . . are difficult to shake,” he said.

Schwartz also lifted Allen’s bond Thursday.

“I’m just looking forward to finding work and getting my life back together,” Allen said outside the courtroom.

He was in a wheelchair due to knee problems in the first trial, but he walked into court on Thursday using an orthotic device.

Allen was not allowed to wear the device in jail.

In the first trial, the prosecution alleged that Allen molested his 16-year-old niece from May 1999 to May 2001 and her 14-year-old sister from August 1998 to August 2004.

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.

 VERONICA ROCHA covers public safety and the courts. She may be reached at (818) 637-3232 or by e-mail at veronica.rocha@latimes.com.