ALBERTVILLE, Ala. (WHNT) - An Albertville teenager charged with capital murder wants a new attorney with no formal training: himself.
Immanuel Gage Allen, 17, is accused of killing an 11-month-old by blunt force trauma to the head.
A judge will decide next month whether or not to grant Allen's request, which was submitted in writing. The hearing is set for December 17. WHNT News 19 obtained a copy of the letter.
"Clerk, How are you doing? Hopefully everything is in your favor," Allen writes. "I'm not trying to be an inconvience. But with all due respect, I would like to bring some issues to your (Courts) attention."
"I am fully aware of whats going on, Not only is my Attorney denying me access to the material that is dealing with my case but him refusing to file my motion for a fast & speedy trial clearly violates my 14th Amendment and sixth Amendment right that is guaranteed by the Constitution," Allen continues.
Investigators say Allen caused severe injuries in January to 11-month-old Gemma Leshae Moore, the daughter of his girlfriend. She died one day later at a hospital, and Allen was charged as an adult with capital murder.
The arrest happened the week of Allen's 17th birthday, so he is not eligible for the death penalty.
"We cannot execute juveniles, but it remains capital so that the punishment is the maximum it can be, which is life without parole," said Marshall County District Attorney Steve Marshall. "But based on his age he isn't death eligible."
Allen maintains his innocence.
"I am falsely being accused & I haven't been convicted on this crime," Allen writes.
He requests to represent himself, using his pro se capacity, and claims his attorney does not want to take the initiative to file various motions, so he wants to file them himself.
"Please don't try to hinder me from trying to help me & my situation," Allen concludes. "Let me wrap this up for now. Thanks for all your time and effort."
WHNT News 19 contacted Allen's court-appointed lawyer, Kevin Hanson of Albertvile, but he did not return our calls.
The full text of the letter is below, typed exactly as Immanuel Allen wrote it:
"How are you doing? Hopefully everything is in your favor. Well, I'm not trying to be an inconvience. But with all due respect, I would like to bring some issues to your (Courts) attention. First of all I just received a formal from the Courts thats pertaining to me filing 3 motions A week ago…In the notation I received today it stated that "All Pleadings must be done by your Appointed counsel…
If that is the case, I still choose to use my "Pro'se Capacity. Also, according to the Ala. Rules of Court Crim. Code Procedure it Clearly states that my Attorney Suppose to & is obligated to me…I informed him that I wanted my motion for "Fast & Speedy trial filed, Plus I would like to have my own Copy of my Discovery Documents. After I was indicted my Discovery was turned over to my Attorney by the District Attorney.
I am fully Aware of whats going on. Not only is my Attorney denying me access to the material that is dealing with my case but him refusing to file my motion for "fast & speedy trial clearly violates my 14th Amendment, & 6 Amendment right that is garrunteed by the Constitution… Thats why I took it upon myself to file my own motions… I sent those motions, so that they will be on the record…So with all due respect I want those motions (Fast & Speedy trial, Discovery, Request of Defendant for production by State) filed A.S.A.P… Since my Attorney don't want to take the innitiative to file them, I choose to file them myself… So when you get a chance send me a Case Action Summary of all the motions that been filed into my Case. If my motion for fast & speedy trial is not filed I'm gonna write the "BAR" (British Accreditation Regency) on my Attorney, then I'll file a 1983 Complaint to the Hugo L. Black United States Federal Courthouse. Plus, I'm going to file a Habeas Corpus if I am denied my Fast & Speedy trial because that will be unlawful & clearly violate my 6 Amendment right… Well, yall do what you have to do & I'm gonna do the same to cover me.
Keep in mind, I am falsely being accused & I haven't been convicted on this crime… So please don't try to hinder me from trying to help me & my situation. Let me wrap this up for now. Thanks for all your time and effort. Sorry for any inconvience...
Sincerely: Immanuel Allen