Archive for Tuesday, July 29, 2008

Prosecution points to suspect’s inconsistencies in case of jeweler’s homicide

One after another, detectives from law enforcement agencies across northeast Kansas took the stand today in Douglas County District Court, describing a patter of burglaries by the same two suspects.

July 29, 2008


A prosecutor said Allen Dale Smith's own statements led detectives to focus on him as a key suspect in an April 2005 homicide near Lecompton.

During opening statements Tuesday morning, Amy McGowan, a chief assistant Douglas County district attorney, said Smith kept trying to pin the shooting of 77-year-old Clarence David Boose on his cousin, Leonard Wayne "Battle Axe" Price, who has already pleaded guilty in the case.

But detectives were wary of inconsistencies in Smith's statements. Price, 46, also said that Smith, 36, shot Boose in the head when the homeowner surprised the cousins as they were trying to commit a burglary there.

"The case before you is going to be about two different stories," McGowan said.

The cousins from Topeka had embarked on several daytime burglaries in northeastern Kansas about that time. They already are serving prison sentences for an attempted murder related to a shooting during a Pottawatomie County burglary less than a week after Boose was killed.

McGowan said sheriff's detectives had trouble collecting physical evidence in the Boose case. They never found a gun that the suspects said they threw into the Kansas River. Smith eventually contacted authorities in Shawnee County and asked to talk to Douglas County investigators. He told them over several interviews that Price told him he shot and killed an older man outside Lecompton.

Investigators ran into problems when they tried to corroborate Smith's statements about where he was the day of Boose's murder. Later, Price was granted a plea agreement, and he said Smith pulled the trigger.

But Smith's attorney, Tom Bartee, told jurors his client has an alibi for the Boose killing, and he attacked the credibility of Price, a repeat burglar in he state. He said Price also tried to implicate Smith's brother, Scott, as a suspect because both brothers have testified against Price in other cases. Scott Smith was not involved, Bartee said.

"There's no doubt Leonard Price pointed the finger at Allen Smith, just like he pointed the finger at Scott Smith earlier," Bartee said.

Price has already pleaded guilty to felony murder, and he is scheduled to be sentenced Aug. 20. According to his plea agreement, prosecutors will recommend that his sentence in the Douglas County case run concurrently with a 13-year sentence in the Pottawatomie County case.

Smith is charged with felony murder and aggravated burglary. Jurors don't have to find that Smith pulled the trigger. They only have to decide that Smith committed a burglary at Boose's house and that during the burglary Boose was shot and killed.

Witnesses and law enforcement officers testified Tuesday, and Price is expected to take the stand when the trial resumes at 8:30 a.m. today.


bighead459 9 years, 9 months ago

or maybe he never should have shot that guy? hmm there's an idea

Staci Dark Simpson 9 years, 9 months ago

well sometimes that is what happens when you hang with the wrong crowd. Wouldn't you think that after this jacka$$ tried to pin a crime on another relative that maybe hanging around him is a bad idea? David Boose was a great guy, its a shame that some losers decided to rob him cuz they can't or won't get a job and earn stuff for themselves.

racoon1344 9 years, 9 months ago

What happened to Mr. Boose was a terrible thing, but Iknow Allen Smith and I have an extremely hard timebelieving that he would have killed anyone. Allen is notyour all-american boy next door or a candidate for pope,but I do not believe that he is capable of killing anyone.Allen has testified against Leonard Price in other casesand Leonard is doing this for revenge. My biggest pointis that if the prosecution is putting their hopes on Leonard'stestimony, I definitely would have trouble believing anythingbe stated by someone who goes around calling himself battleaxe.

boobearsgrandpa 9 years, 9 months ago

I have known Allen for 18 years and he would never kill someone. He is not capable of murder and I really dont believe he was any where near the place. He got into trouble with Leonard in another case but I believe he is innocent on this one. Leonard will get anyone involved and pin it on anyone in order to save his own ass. I would not trust a single thing Leonard has to say about anything. Look at his past and you will see hes trouble. He got Allens brother into trouble in the past and now hes trying to get Allen in trouble now as he did his brother. What about Allens 5 kids that might lose their dad over the lies being told by Leonard. Is it really fair to them not to have a father.

monkeysee 9 years, 9 months ago

I know Allen. He is a thief and a drug user but a murder he is not. There are 4 people who know the truth. Mr. Smith, Mr. Price, Mr. Boose and God. I don't think its our job to place judgement on anybody. I am very sorry for the Boose's family loss and I pray one day the person who commited this crime has to pay!

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