Frederick Allen (Boulder County Sheriff’s Office)
Frederick Allen (Boulder County Sheriff's Office) ( Frederick Allen )

After nine days of testimony and nearly four days of deliberation, Longmont resident Peter Hutnick in an interview on Saturday opened up about his experience as a juror in the sexual assault trial against Frederick Allen and why he wants to see a stiff sentence handed down in the case.

Hutnick and 11 fellow Boulder County jurors on Wednesday found Allen, 32, guilty of six of nine felony counts in the case, agreeing with prosecutor's assertion that Allen, a Type 1 diabetic, in February 2011 drugged a woman he met at a Boulder bar with insulin and sexually assaulted her.

Hutnick said that now that he's reflected on the case and looked into Frederick's criminal history -- something he and his fellow jurors were barred from doing during the trial -- he feels even more confident that justice was done in the case.

Court records show that Allen has been convicted of five felonies in Boulder County over the past 12 years, prior to this case. In May, Allen, then free on bond in the sexual assault case, was arrested for driving under the influence after police say he was observed driving on the sidewalk on Lee Hill Drive.

"I was 99 percent sure that we were right, but that little bit of a percentage -- if you send a really good guy to jail -- that weighs heavily," Hutnick said. "After reading his previous arrest reports, I feel we did the community a service getting this guy off the streets."

The jury deliberated for a combined 24 hours before reaching verdicts on the charges against Allen. Allen's attorneys, who argued that the fever and vomiting that the victim experienced the day after her encounter with him was the result of alcoholic hypoglycemia induced by drinking too much on an empty stomach and not injected insulin, lobbied that a mistrial be declared on some of the charges. The jury reached guilty verdicts on three non-sexual assault charges quickly, but on Tuesday afternoon told Boulder judge Thomas Mulvahill they had reached an impasse on the remaining five counts. Over objections from the defense, Mulvahill sent the jury back into deliberations, and they reached unanimous verdicts by midday Wednesday.

Allen was found 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, and first-degree assault with a deadly weapon. He also was found guilty on two counts of second-degree assault and tampering with evidence.

Allen was found not guilty on three counts: sexual assault on a physically helpless victim with a deadly weapon, sexual assault on a physically helpless victim causing serious bodily injury, and sexual assault on an impaired victim.

Hutnick said one of the biggest determinations left to the jury in the case was if the victim's dangerously low blood sugar the day after she met with Allen was the result of injected insulin or that she was drinking too much without proper nutrition, as the defense asserted.

"We spent just about all of Friday afternoon examining the alcohol induced hypoglycemia," Hutnick said, referencing the first four hours of deliberations in the case. "There were just some holes in if it could have been that."

Hutnick said among the evidence that helped convince the jury that alcohol was not the cause of victim's hypoglycemia was an entry from a medical textbook admitted into evidence that noted the alcohol induced version of the condition is usually accompanied by hypothermia. The victim had a fever near 101 degrees when she was admitted to the hospital following her encounter with Allen, leading the jury to reject the defense's argument.

He noted that once it was agreed upon that the victim was injected with insulin, it came down to considering the circumstances of each charge. While Hutnick noted that while one might assume the five sex assault charges were interconnected, he said they jury voted to find Allen not guilty on the three counts related to a physically helpless victim because of a lack of a concrete timeline. He said it was clear she was sexually assaulted, and that she eventually was rendered physically helpless by the insulin, but without knowing which event happened first it was impossible to say beyond a reasonable doubt if Allen was guilty of those crimes.

"Not guilty does not mean innocent," Hutnick said.

While he characterized the trial as emotionally draining, Hutnick said he had "really high marks" for Mulvahill, the bailiff and the clerk in his courtroom, who were extremely helpful throughout the trial.

Following his investigation of Allen's criminal history, Hutnick said he plans to write a letter to Mulvahill urging a stiff sentence and intends to be in the courtroom for Allen's sentencing hearing, scheduled for April 12.

Katharina Booth, one of the Boulder deputy district attorneys who tried Allen, noted that in addition to his prior convictions, Allen was on felony probation when the sexual assault occurred, which will subject him to higher penalty ranges on all charges at sentencing. Considering that sexual assault convictions in Colorado are subject to indeterminate sentencing -- during which the offender is kept in prison until he or she can complete sex offender treatment -- Booth, in an email Saturday, said that Allen is facing between 18 years and life in prison.

Contact Camera Staff Writer Joe Rubino at 303-473-1328 or rubinoj@dailycamera.com.