Prosecutors in Allen murder trial file motion to stop mention of consequences

By SUSAN SHARP

JACKSBORO, TN. (WLAF)- As the date for Heather and Brian Allen’s murder trial draws closer, another motion has been filed. This time it is prosecutors who are requesting restrictions from the court.

Earlier this month, Eighth Judicial District Criminal Court Judge Zack Walden ruled on several motions filed by the defense. CLICK HERE for the story.

On Friday, prosecutors asked the judge to prohibit the Allens’ defense team from talking about any potential sentence the duo could receive if they are found guilty of first-degree murder.

The motion asks Walden to restrict the Allens’ attorneys, T. Scott Jones and Rob White, from mentioning the possible sentence in any way during the questioning of the jury or during the trial.

“The trial court, not the jury, determines the sentence,” the motion said citing state law.

By telling the jury of any potential punishment the Allens could receive “serves only to encourage the jury to decide the case on an improper basis,” the motion said. Essentially, in mentioning any punishment the duo could face, that could invoke sympathy or prejudice as the jurors hear the case. It could influence the jury to render a verdict based on consequences not any evidence of guilt, court records said.

The Allens are each charged with one count of first degree murder and aggravated neglect of a vulnerable adult/ serious bodily injury.

First degree murder is a Class A Felony with a sentence of 15 to 60 years.

Aggravated neglect of a vulnerable adult/ serious bodily injury can be either a Class B or C felony carrying a sentence of three to 30 years depending on the classification.

The Allens’ trial is set to begin Sept. 22 with jury selection.

(WLAF NEWS PUBLISHED 9/16/2026-6AM)