on August 25.
Allen retained William Lumkin, an expert to demonstrate that Rannells could not have seen the driver of the vehicle that had passed her. Lumpkin performed various reconstructive tests that were videotaped based upon the statements and the testimony given by Rannells prior to trial. However, Lumpkin was not permitted to testify following Allen's offer of proof.
On September 11, 1990, Allen was stopped near his home in Indianapolis and was interrogated by South Bend police regarding the Osco murders. On that same day, the police questioned Allen's wife  Sharries Garrett  at her place of employment. Both Allen and Sharries maintained that he was at home throughout the night and early morning hours on August 24-25, 1990, and that they had attended a picnic in IndianapolisCrimes Unit.
Allen then sought a special prosecutor, alleging that Toth had a conflict of interest, which the trial court denied. Thereafter, on October 11, 2000, Toth moved for the appointment of a special prosecutor that was granted. Two deputy prosecutors from Allen County were appointed and assigned to the case.
On April 25, 2000, Allen was charged with the above offenses as well as additional counts of felony murder. After a jury trial on June 22, 2001, the trial court declared a mistrial because the jurors were unable to reach a verdict. Thereafter, on June 12, 2002, a second jury trial commenced.
At some point during the trial, Curtis Crenshaw, an inmate incarcerated at the Wabash County Correctional Facility, was called as a defense witness. A hearing was conducted outside