Woman accused in son’s death faces retrial

AUGUSTA – The lawyer who represented a Lisbon Falls woman accused of shaking her son to death says he will call even more expert witnesses in her retrial.

“I believe that we will be able to more conclusively prove that Nathaniel had a pre-existing condition that caused or contributed to his death,” attorney Verne Paradie said.

He represented Sarah Allen, 30, in the manslaughter trial that ended weeks ago in a hung jury. The Maine Attorney General’s Office said it plans to pursue the charge and a second trial is tentatively scheduled for October.

More than a dozen expert witnesses testified in Allen’s first trial, and Paradie said he plans to call additional witnesses to support his argument that 21-month-old Nathaniel Allen could have had a pre-existing, undetected brain disorder that led to his death.

Prosecutors said Allen shook her son so violently that he died hours later at Maine Medical Center.

Androscoggin County Superior Court Justice Ellen Gorman declared the mistrial after jurors failed to reach a verdict after 18 hours of deliberations. The jury’s final vote was 11-1 to find Allen guilty, but a unanimous vote was needed for a conviction.

The fact that only one juror voted to acquit played a major role in the state’s decision to spend the time and money required to retry Allen, said Assistant Attorney General Lisa Marchese. “It shows that our evidence was very strong.”

The prosecution had three options after the mistrial was declared: retry Allen, attempt to reach a plea agreement or dismiss the case.

Lawyers on both sides said they would be willing to discuss a plea agreement, but only if the other attorneys initiated the talks.

Marchese said she is considering whether to request that Allen’s second trial be held in a different county where potential jurors may be less likely to have seen or read media coverage of the case.

Paradie said moving the trial would cause Allen’s family additional expenses and inconvenience, and the family has gone through enough hardship.