DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address Boulder County Justice Center

1777 Sixth St Boulder, Colorado 80302

Court Phone (303) 441 3750 PEOPLE OF THE STATE OF-COLORADO

VS.

FREDERICK LAWRENCE ALLEN, COURT USE ONLY Defendant

Attorney Name: Katharina Booth, #30087 Case No: 4 Chief Deputy District Attorney. 12CR228 Boulder County Justice Center 1777 Sixth St Division: Boulder, CO 80302 6

Attorney Phone: (303) 441-3781 Attorney Fax (303) 441-4703 Attorney E-Mail kbooth@bouldercounty.org

SUPERSEDING TWENTIETH JUDICIAL DISTRICT GRAND JURY INDICTMENT

COUNT ONE: SEXUAL ASSAULT (INCAPABLE OF APPRAISING NATURE OF CONDUCT! SERIOUS BODILY INJURY), C.R.S. § 18-3-402(1)(b), (5)(a)(11) (CLASS 2 FELONY)

COUNT TWO SEXUAL ASSAULT (INCAPABLE OF APPRAISING NATURE OF CONDUCT! ARMED WITH DEADLY WEAPON), C.R.S. § 18-3-402(l)(b), (5)(a)(III) (CLASS 2 FELONY)

COUNT THREE: SEXUAL ASSAULT (PHYSICALLY HELPLESS VICTIM! SERIOUS BODILY INJURY), C.R.S. § 18-3-402(1)(h), (5)(a)(II) (CLASS 2 FELONY)

COUNT FOUR: SEXUAL ASSAULT (PHYSICALLY HELPLESS VICTIM! ARMED WITH DEADLY WEAPON), C.R.S. § 18-3-402(l)(h), (5)(a)(III) (CLASS 2 FELONY)

COUNT FIVE SEXUAL ASSAULT (PHYSICALLY HELPLESS VICTIM! ACTOR IMPAIRED VICTIM’S POWER TO APPRAISE CONDUCT), C.R.S. § 18-3-402(1)(h), (3.5)(d) (CLASS 3 FELONY)

COUNT SIX: ASSAULT - FIRST DEGREE -DEADLY WEAPON, C.R.S. § 18-3 202(1)(a) (CLASS 3 FELONY)

commission of sexual assault, and the victim, who was not a participant in the crime, suf–rd serious bodily injury; in violation of section 18-3-203(1)(b),(2)(b.5), C.R.S.

COUNT EIGHT

That, on or about February 22 to February 23, 2011 in, or triable in, the County of Boulder, State of Colorado, FREDERICK LAWRENCE ALLEN, alk/a Rick Allen, unlawfully, feloniously, and for a purpose other than lawful medical or therapeutic treatment, intentionally caused stupor, unconsciousness, or other physical or mental impairment or injury to

by administering to the victim, without her consent, a drug, substance, or preparation capable of producing the intended harm; in violation of section 18-3-203(l)(e), C.R.S.

COUNT NINE

That, on or about February 22 to February23, 2011 in, or triable in, the County of Boulder, State of Colorado, FREDERICK LAWRENCE ALLEN, alk/a Rick Allen, believing that an official proceeding was pending or about to be instituted, and acting without legal right or authority, unlawfully and feloniously destroyed, mutilated, concealed, removed, or altered physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; in violation of section 18-8-610(1 )(a), C .R.S.

The offenses charged in counts one through nine of the indictment were committed in the following manner:

1 On the evening of February 22, 2011 Frederick Lawrence Allen visited the Sundown Saloon in Boulder.

2 On that same night, also visited the Sundown Saloon Ms visited the Sundown Saloon with friends

3. Mr. Allen was acquainted with Ms. prior to this occasion, but they had not had significant conversations prior to this night.

4. Mr. Allen and sat and visited with one another at the Sundown Saloon until closing time in the early morning hours of February 23, 2011

5 At that time, Mr. Allen offered to walk Ms home Ms lived near the Sundown Saloon, at , in Boulder, Colorado with two roommates. One roommate was out of town on a vacation The other roommate was asleep at the time Ms and Mr. Allen returned to Ms apartment

6 , roommate, woke up when Ms and Mr. Allen entered the apartment Ms opened Ms door, and asked if she was at home. Ms. went back to sleep, placed in earplugs, and turned on music in order not to be awoken again

7 In the morning, Ms awoke to go to a dentist appointment She noticed a pair of men’s dress shoes. She also heard someone using one of the bathrooms in the apartment.

8 Ms returned to the apartment around 1.00 in the afternoon on the 23rd and found that the shoes were no longer there. She went up to Ms. 3 door, knocked, and tried to open the door. The door was locked, but she could hear breathing inside the bedroom which she described as ’wheezy

9 Ms took a nap, then left for the afternoon Later in the night Ms went to dinner with a friend, who works at the Sundown Saloon, mentioned that he had seen the night before at the Sundown Saloon where he was working.

10 Ms returned to the apartment around 10:00 p.m. on February 23, and soon decided to check on She knocked on the door and, after receiving no response, walked in. The bedroom door was now unlocked.

11 Inside, Ms observed room as a mess, with a picture knocked off the wall. She observed naked, covered with one blanket or bed sheet, but did not see any other sheets or bedding feet were hanging off the bed, and she was of a "sideways" orientation. She was lying face-down.

12 Ms observed that lelt sweaty, and that had likely vomited She further observed eyes rolling to the back, opening and closing When open, however, the eyes were totally unfocused did not respond to Ms

questions

13 After calling a friend, Ms called 9-1-1

14 Ms mother, , responded to Boulder Community Hospital when she found out would be there. She observed in a "catatonic" state. All four of her limbs were rigid, and her legs drawn up. Her eyes were open, but darting back and forth.

15 Doctors determined that Ms blood sugar levels were dangerously low. A field test revealed that her blood sugar level had reached 34 milligrams per deciliter for glucose level Accordingly, Ms suffered from severe hypoglycemia with encephalopathy. Most likely, this occurred due to an insulin injection, which would occur either as an intravenous or subcutaneous injection

16 Rick Allen is a type one diabetic

17 suffered serious bodily injury from the hypoglycemia she endured in February 2011

18 A Sex Assault Nurse Examiner observed an abrasion to Ms right ankle, and bruises on her left thigh, left knee and both ankles. Ms. also had bright "fire engine red" appearance on the 5 o’clock to 8 o’clock area of her vaginal opening. Although Ms. was largely unresponsive during the exam, upon the application of a dye to the area, Ms. appeared to react to pain from the application. The injuries the SANE examiner observed were consistent with a female being on her back during an assault, though injuries can also occur during consensual sexual interaction.

19 When investigators searched , they nhserved a white substance that had been spread over various items in Ms. room, Ms. computer, and in one of the bathrooms. Ms. also observed this substance at the apartment.

20. A note was left, which read, "I will wash your sheets for you love, see ya Saturday!! "

21. In an interview, Mr. Allen described meeting Ms. at the Sundown Saloon on the evening of February 22. He informed investigators that he had walked home with her that night. He observed Ms. have at least three drinks that were "vodka’ish."

22 At the apartment, Mr. Allen described, he and Ms "got a little intimate’ Mr. Allen eventually admitted to penile penetration of Ms vagina until she started to get sick. Mr. Allen described later leaving, and offering to clean Ms.

bedding However, he said, when he passed a dumpster, he decided to throw the bedding away instead

23 Mr. Allen indicated that he could not have spent more than a few hours at the apartment and left around 4:00 a.m., but could have possibly been around 6:00 a.m. He stated that it was getting light at the time he left

24. Mr. Allen indicated he was not certain whether he had his diabetic medicine with him that night, but he confirmed that he takes insulin through a regular syringe. Later, he confirmed that he usually would have his insulin kit with him if he were going to "go out"

25 He explained that he took a cab home from a cab stand at 11th and Pearl at that time

26 Mr Allen’s phone records indicate a call to Yellow Cab at 12:32 p.m. on February 23, but no contact with Yellow Cab in the early morning hours of February 23

the Foreperson of the 2011 -2012 Statutory Grand Jury, in Boulder, Colorado, do hereby swear and affirm that each and every True Bill returned in this Indictment by the 2011-2012 Statutory Grand Jury was arrived at after deliberation and with the assent and agreement to the existence of probable cause by at least nine members of the 2011-2012 Statutory Grand Jury.

FvIIthPERSON -

Subscribed and sworn to before me in the City and County of Boulder, State of Colorado, this /q -day of January, 2012.

4T ~f NOTARY UBLIC

My Commission Expires:

Respectfully submitted submitted and approved for filing this fri day of January, 2012.

STANLEY L. GARNETT District Attorney

Ryan Br’ckley, #52

Attorney’s Office th

Bo r,C08030 (303) 441-3700

Katha2putya Booth, #30087

Chief District Attorney Twentieth Judicial District Attorney’s Office 1777 6th Street Boulder, CO 80303 (303) 441-3700

The Court orders this Superseding Indictment returned

BOND HEREBY REMAINS SET CONSISTENT WITH THE ORIGINAL INDICTMEN I IN THIS CASE, IN THE ORIGINAL AMOUNT AND WITH THE ORIGINAL BOND CONDITIONS. IONS

BYT URT

ROXANNE BAIL[N Chief Judge Twentieth Judicial District State of Colorado