By Muriel Smith
FREEHOLD – A jury of four men and eight women found 47-year old Patrick F. Allen guilty of first degree murder in the frying pan slaying of his wife of 20 years, Kimberly Allen, in the couple’s home on West Front Street in the Lincroft section of Middletown. Allen’s $1.5 million bail was immediately revoked following the jury pronouncement Tuesday, and he remains in the Monmouth County jail pending sentencing set for Jan. 29.
Allen was also found guilty of third degree possession of a weapon for an unlawful purpose, specifically the frying pan, fourth degree tampering with physical evidence and third degree hindering apprehension. “We are obviously very pleased with the decision of the jury,” Assistant Prosecutor Franceschini told The Two River Times this week, “the entire trial is a credit to the strength of Kim’s family; I’m just very happy for her sister, Kim’s sons, and the entire family.”
However, Allen’s attorney, John C. Allen, who is also the criminal’s cousin, said there is still the possibility of an appeal by his client within the next 45 days. Attorney Allen said there were several issues that surfaced during the trial which could be appealed. “We are obviously very saddened by the jury’s decision,” the attorney said, “my client continues to maintain his innocence.”
The trial before Superior Court Judge John T. Mullaney, Jr., JSC, began last September for the murder which occurred on Nov. 18, 2011 and ironically ended on the third anniversary of Mrs. Allen’s death. The jury deliberated for four hours over two days before handing down its decision.
Allen now faces a maximum sentence of life in a New Jersey state prison, subject to the provisions of the “No Early Release Act” (NERA) requiring him to serve 85 percent of the sentence imposed before becoming eligible for release on parole. Additionally, Allen faces up to five years in prison on each of the third degree charges, and up to 18 months in prison on the fourth degree charge.
Middletown police responded to a late morning 9-1-1- call made by Allen on Nov. 18, 2011, and found Kimberly Allen, 44, deceased on the kitchen floor. Her husband, Patrick, was arrested later that day, and investigation continued jointly under the Monmouth County Prosecutor’s Office and the Middletown Township Police Department. The Middlesex County Medical Examiner, who handles all homicides in Monmouth County by a joint agreement between the two counties, attributed the cause of death to asphyxia and blunt force trauma due to impact injuries to the head.
The investigation showed the couple had been involved in a struggle that led to Patrick Allen striking his wife with the frying pan then strangling her. The prosecution argued that scratches on his face, his DNA profile under her fingernails and other evidence pointed to him as the murderer. The prosecution argued the family was deeply in debt, a fact Allen had apparently kept from his wife until she learned it that day, resulting in their disagreements.
The case was prosecuted by Monmouth County Assistant Prosecutors Franceschini and Mary Juliano.
During the ten week trial, Allen, a former securities salesman, chose not to testify in his own defense.
Although the trial ended in November, the case was continued until Dec. 2 for attorney’s summations because of court scheduling conflicts.
The prosecution argued the feud between the couple erupted after Mrs. Allen found the extent of financial trouble they faced, and the possibility mortgage companies were about to foreclose on their home.
In challenging the motive for the murder, Allen’s mother, Monica Chick, testified there was sufficient money in the bank to meet current demands and that it had been there since shortly after Mrs. Allen’s death. She said she has been handling her son’s financial affairs since he was first charged, and had deposited money, as had Allen, sufficient to meet obligations.
The defense attorney also called a number of Middletown police officers who testified during the trial they saw Mr. Allen on his knees and crying outside the house when they arrived at the scene of the murder.
Patrick Allen chose not to testify, but the jury heard his version of the day of the murder from a videotaped statement he gave to detectives following his arrest later that day and which was played for the jury by the prosecution.
The investigation was also unique in that a county detective submitted his resignation from the department after it was learned he joked that he and others at the crime scene smoked “a fat marijuana cigarette” found in contraband seized at the scene of the home, and the statement was accidentally included in the final crime scene report.
That former investigator was called to testify on behalf of the defense during the murder trial. Attorney Allen further argued that his client came home to find his wife on the kitchen floor and immediately contacted 9-1-1.
Attorney Allen told the Two River Times this week he “went above and beyond” in defense of his client and alleged the prosecution was unfair in using “bits and pieces” of his client’s videotaped statement during the trial, and that “had I known they were going to be permitted to do this, the first part of this trial would have been very different.” Prosecutor Franceschini told the newspaper that “Mr. Allen is a little inaccurate” in his allegation, and that while they had originally chosen not to use it, the course of the case required later on that they did, so strategy was changed. She said she felt confident that should Allen file an appeal, the decision would not be reversible.
Attorney Allen said that while he has spoken with his client since the decision was handed down, they have not yet discussed the possibility of an appeal.
The couple’s two sons, now 15 and 18, are currently separated, and living with relatives in New Jersey and Virginia.
