A State Bureau of Investigation report in the murder case of a Durham man was prepared in an â€œinaccurate, incomplete and intentionally misleading manner,â€ a Superior court judge wrote in his ruling to throw out the charges.
Judge Orlando Hudson threw out the case against Derrick Michael Allen in December after a defense attorney argued that the SBI violated Allen's rights by not sharing everything it found in blood tests.
Hudsonâ€™s written ruling was made public on Thursday afternoon.
Allen, 31, was charged in 1998 in the death and sexual assault of a 2-year-old girl. An autopsy showed the girl died of shaken baby syndrome.
His case was among 200 cases that an outside audit said were mishandled by the SBI. The audit revealed agents failed to report correct blood evidence in the cases.
Hudson was critical of SBI Agent Jennifer Elwell, who is now suspended, and former Assistant District Attorney Freda Black saying the two "decided to stop further testing of items for DNA testing because they believed further testing of physical evidence of the case would not prove inculpatory to the defendant Derrick Allen and could possibly inculpate others."
Current District Attorney Tracey Cline was also mentioned in the ruling. Hudson wrote that Black and Cline â€œknew some information they intentionally failed to disclose was exculpatory information and that their suppression of favorable material information was a violation of Mr. Allen's Constitutional Rights.â€