By Todd Cooper
Omaha World-Herald
He talked about ineffective attorneys and over-effective antihistamines, missed fishing trips with his children and the prospect of spending the rest of his life in prison.
But really, attorneys say, Corey T. Allen’s ramblings were all about one thing: Regret.
Regret that he faces 220 years in prison after firing 13 shots at two Omaha police officers, critically injuring one.
A judge ruled Tuesday that Allen’s regret wasn’t good enough.
Douglas County District Judge Gerald Moran refused to allow Allen, 30, to withdraw his no-contest pleas on two counts of attempted second-degree murder, two counts of gun use and one count of being a felon in possession of a weapon.
Allen, who had hoped to go to trial, now faces sentencing in August.
County Attorney Don Kleine likened Allen’s attempts to withdraw his pleas to buyer’s remorse.
Allen acknowledged he wasn’t happy with the deal — or lack thereof — prosecutors were offering. In return for his pleas, Kleine dropped a minor drug charge and agreed not to file habitual criminal charges that could have piled more time on top of his already-lengthy maximum term.
“It’s the typical, ‘Hey, I’ve thought about this some more, and I think I’d rather go to trial,’” Kleine said. “He doesn’t have a reason other than, ‘Gosh I’m looking at 220 years.’”
Such regret isn’t uncommon in defendants who plead to serious crimes. But the length to which Allen went to try to undo his plea was unique.
He blamed his March 9 pleas on:
A foggy mind. Allen said he took a bottle of as many as 20 antihistamine tablets at 10 p.m. March 8 — some 16 hours before he entered his pleas March 9.
However, Moran questioned whether Allen was concocting that story. Even if he had taken that many tablets, a drug expert testified Tuesday, the antihistamines would have had little effect on him 16 hours later.
Ineffective counsel. Allen claimed that his attorney, Assistant Douglas County Public Defender Robert Marcuzzo, expressed fear that the Omaha police union would ruin Marcuzzo’s career and prosecutors’ careers if Marcuzzo took the case to court and won.
Marcuzzo, who withdrew as Allen’s counsel, called that claim absurd.
“On the contrary,” Marcuzzo said, “my career would be enhanced.”
“Because you won a big case?” Kleine asked.
“Absolutely,” Marcuzzo said.
Allen also complained that he wasn’t able to get a better deal than what Kleine offered.
While lodging that complaint, Allen admitted to being the gunman on Aug. 20, when Officer Paul Latschar was wounded.
Latschar and Officer Jerald Swanson were patrolling near 42nd Street and Redman Avenue when they spotted Allen, a gang member, behind the wheel of a car. The officers knew that Allen’s license had been suspended and followed him to a nearby home.
As the partners approached the car, Allen got out and began shooting. Latschar was hit three times. Swanson returned fire, using Allen’s vehicle as cover.
Under questioning from his new court-appointed attorney, Chad Brown, Allen said he had serious reservations about pleading to two counts of attempted second-degree murder — each of which carries up to 50 years in prison.
Allen, who has four prior felonies, said he had hoped that he could plead to one count of first-degree assault as the primary charge for the shooting of Latschar. Such a charge would carry up to 20 years in prison.
Kleine questioned whether Allen really believed he wasn’t trying to kill the officers with his 13 shots. Kleine noted that Latschar nearly died from the shooting.
“So you weren’t trying to kill them, you were just shooting?” Kleine asked.
“I was just shooting towards them,” Allen said.
Moran called Allen’s claims of ineffective counsel incredible, and he skewered Allen’s contention that prosecutors, judges and defense attorneys like Marcuzzo are beholden to the police union.
Such a complaint is “ludicrous,” Moran said. “(Marcuzzo) spends his professional career on the opposing side of the police.”
Copyright 2009 The Omaha World-Herald Company