Judge to sentence Allison Wednesday

PALMER — Palmer Superior Court Judge Vanessa White heard sentencing arguments last Wednesday for convicted murderer Clayton Allison, 32 formerly of Wasilla.

White postponed sentencing until 3 p.m. July 15, when she will both sentence Allison and provide justification.

Assistant district attorney Michael Perry has asked for a sentence of 40 years with 10 suspended. Allison’s public defenders have asked White for the 10-year sentence, the mandatory minimum for second-degree murder.

A Palmer jury found Allison guilty Feb. 13 of the second-degree murder, criminally negligent homicide, and manslaughter in the death of his 15-month-old daughter Jocelynn in September 2008. Prosecutors argued Clayton Allison struck or hit Jocelynn, killing her. Defense attorneys, family and friends, and at least one forensic pathologist maintain he was wrongly charged and convicted for Jocelynn’s death.

White will also consider whether the mandatory minimum sentence should be 10 or 20 years, because Allison was the parent of the child he was convicted of murdering.

In their sentencing memo, the defense argued Allison should receive the minimum sentence due to his “lack of criminal history, lack of substance abuse issues, his six-year performance while released on bail and his continuing commitment to observe the rules at Goose Creek Correctional Center, his educational background, his work history, his large support network, and his goals for the future. This record strongly suggests that Mr. Allison is extremely unlikely to find himself facing new criminal charges in the future.”

Prosecutors say factors like Jocelynn’s inability to defend herself or communicate her distress, and the domestic violence component of the crime are aggravating factors that should extend Allison’s prison term.

Prosecutors’ sentencing memo details 12 second-degree murder cases and the sentences those defendants received. In the memo Perry notes that the sentences doled out when adults are murdered are typically longer than sentences handed down in the death of a child.

The cases involving child victims have similar elements, “most notably the offering up of a benign accident as the reason for catastrophic injury,” Perry wrote. “Allison is no different.”

Assistant public defender Ariel Toft presented the defense’s sentencing memo July 8.

“No one wants to believe that a child can die from a household accident,” she said, following the proceedings.

White also said she would delay her sentence to allow time to review a psychological profile of Allison performed by Dr. Paul Turner.

Defense attorneys hired Turner to administer the Millon Clinical Multiaxial Inventory III to assess Allison’s mental condition, and “specifically whether he poses any physical danger to children; whether he is likely to repeat the offense or engage in similar activities in the future; and recommendations for appropriate treatment.”

Test results show “Allison’s profile is not indicative of a risk for characteristics similar to an individual who is a known active physical child abuser,” according to the sentencing memo from Allison’s public defender.

“Turner found Mr. Allison’s profile to not have indicators for major mental illness, personality disorder, psychopathy, antisocial personality disorder, or other personality disorder” and that “the absence of a major mental disorder has high relevance in determining risk and rehabilitation potential.”

Assistant public defender Hannah Thorssin-Bahri said once White officially files her ruling with the court, public defenders then have 30 days to file a notice of appeal. Thorssin-Bahri and Toft will make a list of issues they think should be part of the appeal, but the two won’t decide the specifics of the appeal. That will be left to the appeals section of the Public Defenders office, Thorssin-Bahri said.

Chief among the items likely to be included in the appeal is a challenge of the sufficiency of evidence to indict Allison, Toft said.

If White rules Wednesday 20 years is the mandatory minimum sentence in this case, the question would also be brought as part of the appeal, Toft said.