PORT ANGELES — The wife of a Forks man who pleaded guilty Wednesday to child rape delayed deciding on a potential plea deal Thursday in a case involving the same victim, a child who was cared for by the couple as their foster daughter at their home.
Port Angeles lawyer Lane Wolfley, representing Irma Perez Allen, 58, the wife of David Barney Allen, 57, said David Allen’s pre-sentence report ordered Wednesday should be issued before the case can be resolved as part of a decision on a plea deal. The report will be issued in 30 days.
According to state Superior Court Criminal Rules, pre-sentence reports must include a person’s criminal history, of which Allen has none, and “the defendant’s characteristics, financial condition, and the circumstances affecting the defendant’s behavior as may be relevant in imposing sentence.”
David Allen pleaded guilty to second- and third-degree child rape-domestic violence and could be sentenced March 31 to 8½ to 11½ years for assaulting the girl in 2019 and 2020, based on his offender score.
The girl said Allen repeatedly assaulted her when she was 9 to 14 years old.
Irma Allen, who reported the abuse Sept. 12, is charged with third-degree child rape-domestic violence that allegedly occurred between Aug. 1 and Sept. 3, with special allegations that she held a position of trust and that the assault occurred as part of a pattern of sexual abuse.
She is charged with tampering with a witness and with second-degree assault with a deadly weapon — a knife. No injuries were noted in the probable cause statement.
The pre-sentence report could produce “some more objective evidence,” Wolfley told Superior Court Judge Brent Basden.
“I look at Mrs. Allen as essentially a victim of Mr. Allen as well, though she is a codefendent in here.
“I think with a little more information and possibly interviewing some more of the children, we might be able to, as a matter of fact, I’m very confident we would be able to, reach a mutual resolution.”
Deputy Criminal Prosecuting Attorney Matthew Roberson asked for a trial date preceded by a status hearing.
“It can be a status [hearing] for trial, or it can be the date we announce a resolution as well as giving counsel more time to investigate.”
Basden set a status conference for May 20, when the plea offer will expire, and a trial date of June 21.
The girl said David Allen sexually abused her for five years, sleeping regularly with her while Irma Allen slept in a separate bed, “and Irma knew about it and did nothing about it,” according to a synopsis of an interview with the girl contained in Irma Allen’s probable cause statement.
The first time the abuse occurred, when she was 9, it was reported “but nothing happened, because Irma and Barney told her to lie,” according to the statement.
“Irma was the one who told [the girl] that she could get anything she wanted from Barney because of what Barney was doing to her. Irma told her this many times.”
Irma Allen denied knowing of sexual contact between her husband and their foster daughter and denied sexually touching her or threatening the girl with a knife, according to a synopsis of an interview at the sheriff’s office, Forks detachment.
“Barney tried to convince [Irma] to allow [the girl] on birth control,” Irma Allen said, according to the statement. “Irma was told it was to help with [the girl’s] acne.”
Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at [email protected] peninsuladailynews.com.