Murder conviction is upheld

Thursday, April 21, 2005 | 9:51 a.m.

CARSON CITY -- The Nevada Supreme Court Wednesday upheld the first-degree murder conviction of Taiwan Allen, found guilty of fatally shooting his live-in girlfriend in Las Vegas and then leaving her four children in the home alone with the corpse for five days.

Allen, sentenced to life in prison without possibility of parole for the April 2003 murder of Yashoma Clemons, claimed there were seven errors made at the trial.

Attorneys for Allen said District Judge Donald Mosley should not have allowed evidence that the children were left alone in the home for five days with the corpse after Allen fled to Wisconsin, but the court upheld the decision of Mosley, who said the evidence tended to disprove the self-defense theory of Allen.

Allen also claimed Judge Mosley should not have allowed the testimony of the 9-year-old daughter of the victim. The defense said the child, at the justice court preliminary hearing, could not remember the name of the school she attended, her teacher and the year she was born. The defense said the child took medication to treat her for "colorful visions."

The child testified at the district court trial that she heard her mother and Allen arguing through the afternoon of April 14 and into the evening. She said her mother told Allen she intended to leave him. The daughter said Allen started to choke the woman and then she heard Allen load the gun, which was followed by a series of "booms."

The child quoted Allen as saying, "That's what you get for messing with me."

The Supreme Court said attorneys for Allen were free to cross-examine the child for inconsistencies in her statements and the jury could give whatever weight it chose to the testimony.

The victim was shot four times, twice in the head.

After the jury reached its verdict, Allen launched at Deputy District Attorney David Stanton, punching him several times. Stanton, one of the prosecutors, suffered a concussion and a torn rotator cuff and was taken to the hospital.

Attorneys for Allen claimed there was an error made when District Attorney David Roger stepped in to replace Stanton at the sentencing hearing. The court said, "The fact that Roger is a well-known and successful prosecutor does not transform his participation into prosecutorial misconduct."

Allen maintained he acted in self defense and he had gunshot wounds to prove it.

He was examined at the Clark County Detention Center on May 29, 2003, by Dr. Steven Holper who testified Allen suffered several gunshot wounds, one of which was to the head. Surgery was performed later to relieve pressure caused by blood pooling from the wound.

But there was no testimony that the wounds came on the day Clemons was killed. Detective Robert Wilson of Metro Police testified the wound to Allen's head was not present on May 4 when he was arrested.