After four days of deliberation and a near-mistrial, a Boulder County jury convicted Frederick Allen on six felony charges Wednesday, agreeing with prosecutors that the 32-year-old diabetic drugged a University of Colorado student with insulin before raping her in 2011.
The jurors, however, didn't hand prosecutors a full victory, acquitting Allen on three counts, including sexual assault with a deadly weapon and sexual assault on a physically helpless victim causing serious bodily injury -- Class 2 felonies -- as well as sexual assault on an impaired victim, a Class 3 felony.
Allen -- who has been convicted in five felony cases in Boulder County over the past 12 years -- is due to be sentenced April 12.
"This case was about the survivor, and what he did to this lady and how her life is not the same because of what he did to her," prosecutor Katharina Booth said after the verdict was read in court.
The jury found Allen guilty of sexual assault on a person incapable of appraising the nature of their conduct while armed with a deadly weapon, sexual assault on a person incapable of appraising the nature of their conduct causing serious bodily injury -- Class 2 felonies -- and first-degree assault with a deadly weapon, a Class 3 felony.
The jury also convicted Allen on two counts of second-degree assault and tampering with evidence, also felonies.
According a grand jury indictment, Allen met the victim at the Sundown Saloon on the Pearl Street Mall. The two previously had met, but had never really talked to each other. During the encounter in February 2011, Allen and the woman talked until the bar closed, at which point he offered to walk her to her nearby home.
One of the victim's roommates -- who remembered the victim coming home with a man the previous night -- noticed the victim's door was locked at 1 p.m. the next day and did not see the victim again until 10 p.m. that night when she checked again and found her door unlocked, according to police.
The roommate told investigators the victim's room was a mess and she found the victim naked on the bed, according to the indictment. She appeared to have thrown up and was sweaty and having trouble focusing.
Investigators found a note in the victim's room that prosecutors say was from Allen, which read, "I will wash your sheets for you love, see ya Saturday!!" There also were signs a cleaning agent had been used in the bedroom and bathroom.
The victim was taken to Boulder Community Hospital, where doctors said she had dangerously low blood sugar levels and was suffering from severe hypoglycemia, most likely due to an insulin injection.
Prosecutors said Allen -- a Type 1 diabetic -- not only used insulin, but had knowledge of its effects from working with his stepfather, who is an endocrinologist.
According to court records, Allen told investigators he had sex with the victim, but that he stopped when she started getting sick. He then offered to clean her bed sheets, but threw them away in a Dumpster instead.
Defense alleged intoxication
Allen's attorney, Pamela Mackey, said witnesses recalled the two were hitting it off at the bar. She also said the victim's symptoms could have been caused by alcoholic hypoglycemia, which she said can be caused by drinking too much without eating properly.
The trial lasted for almost two weeks, and featured hours of medical testimony from experts for both the prosecution and the defense. The jury deliberated for almost 24 hours, and a mistrial was very nearly declared in the case on Tuesday.
At about 2 p.m. Tuesday, after more than 16 hours of deliberation, the jury informed the judge that it had reached verdicts on charges of second-degree assault and tampering with evidence, but did not foresee reaching a unanimous decision on five counts of sexual assault and one count of first-degree assault.
But Boulder District Judge Thomas Mulvahill sent the jury back into deliberations after reading them further instructions over the objections of Allen's attorneys, saying the complex nature of the case warranted more deliberation from the jury.
Mulvahill said Tuesday that if the jury did not indicate that it was nearing a verdict by mid-morning Wednesday, he would call the jurors back into the courtroom and would declare a mistrial if they had not made any progress.
But when Mulvahill called the jury into the courtroom just after 10 a.m. Wednesday, the jurors said they felt they might reach a verdict on the remaining charges. A little more than an hour later, the verdict was read and Allen was remanded into custody.
'Verdicts that served justice'
Boulder County District Attorney Stan Garnett said his office makes trying violent sexual crimes a priority.
"Cases like this really involve public safety risk, and one of the things that this community made clear is they expect my office to make sexual assaults a priority, and we do," Garnett said. "It's very satisfying to take a case like this and get justice for the victim."
Booth also gave credit to the jurors for listening to almost two weeks of testimony and taking the time to go through all of it during deliberations.
"It's clear this was an incredibly complex medical case, as well as the emotional difficulties of trying a case like this," she said. "I believe they found verdicts that served justice not only to the survivor, but to the community."
People convicted of sexually violent crimes who are sentenced to any prison time must undergo an evaluation before being released from prison.
"The important thing for the community to know is any sex offender, particularly when it is a serious sex offense... will get a lengthy period of incarceration and is required to get thorough treatment before he's released," Garnett said.
Contact Camera Staff Writer Mitchell Byars at 303-473-1329 or email@example.com.