August 9, 2019 at 4:02 p.m.
Appellate attorney finds 'no merit' in Allen murder appeal
Allen to seek private attorney
Appellate attorney finds 'no merit' in Allen murder appeal
By Abigail Bostwick-
Allen, 29, also formerly of Lac du Flambeau and now housed at Boscobel Maximum Security Prison, along with alleged fellow Native Soldiers Gang member Joseph Lussier, 28, Lac du Flambeau, were convicted last August in the shooting death of Wayne Valliere, Jr.
Following the trial, Allen filed with the Wisconsin Court of Appeals and was appointed lawyer Dennis Schertz, Hudson, in an attempt to appeal his convictions of first degree intentional homicide and hiding a corpse, both felonies.
Allen applied for indigence, which permits him to be appointed legal representation.
Reserve Taylor County Judge Gary Carlson, sitting in place of the late Judge Patrick Madden, questioned Schertz, who appeared via phone, as to why he wanted to withdraw.
"It was at the requested of Mr. Allen ... after my conclusions of this case," Schertz said.
Because Allen was requesting his public-appointed defense attorney to leave his case, he would not be eligible for another appointed attorney, Carlson noted. Should he wish to proceed in appeals court, he would have to hire a private attorney with his own funds, or proceed pro se.
"Neither I nor the appellate can assist you," Carlson explained to Allen.
"Yes, sir," responded Allen.
Carlson asked Allen if he could explain to the court why he wished for his attorney to withdraw, noting he did not have to reply.
"I'd rather just keep it to myself," Allen relied.
"We take no position on it," prosecutor Richard Dufour said of the motion.
The judge asked Allen how he plans to move forward, if at all.
"Um, I'm trying to retain an attorney," Allen said, adding that he feels he has the means to contact and pay for one - though he has yet to contact any potential resources.
"You may lose your right to file an appeal if you take too long," Carlson warned.
Allen indicated Schertz had reviewed his case and appeared to be planning to file a no merit report.
"(I feel) that it's in my best interest of myself to move forward," Allen told the court.
"You think there is merit," Carlson responded. "You're willing to take on the responsibility of finding that yourself or finding a lawyer who believes that."
Allen's deadline to file with the court of appeals is Oct. 15.
Carlson then granted Schertz' motion to withdraw from the case and ordered that Allen be allowed to make contact with attorneys.
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