ALBUQUERQUE JOURNAL NEW MEXICO FRIDAY, DECEMBER …
ALBUQUERQUE JOURNAL
NEW MEXICO
...FRIDAY, DECEMBER
21, 1995 C3.
(
Teen's Murderer Gets Death Sentence:'.
He'll Be 3rd Person
On N.M. Death Row
The Associated Press
AZTEC - A inurderer whose mother
testified against him was sentenced
Thursday to death for kidnapping,
attempting to rape, then killing a 17year-old Flora Vista girl.
Timothy Allen, 34, will be the third
person on New Mexico's death row. He
was convicted Tuesday of the Feb. 7,
1994, murder of Sandra Phillips by a
state district court jury seated before the stomach while she was pregnant,
Judge Byron Caton.
liked to fight and liked to hear the sound
Phillips' body was found March 21, of breaking glass," said Lindburg.
1994, by a sheepherder on a desolate oilDarlene Phillips, the victim's mother,
field access road north of U.S. 550 near said the death penalty "is too good for
Flora Vista.
h¡¤lIn. "
Wanda Lindburg, Allen's mother, tes"It's not over yet; but at least we know
tified that her son had admitted seeing . he can't hurt anyone else. That was the
Sandra and giving her a ride the day she most important thing. No family should
died.
have to go through this," she said.
Lindburg said her son was incorrigiGary Mitchell, a Ruidoso attorney
ble, and that the death penalty would who leads efforts in the state opposing
keep him from hurting anyone else.
the death penalty, said he believes Allen
"He killed a cat, tripped his sister has a good chance of having his sendown the stairs, punched his sister in tence overturned. Mitchell said the pub-
lic defenders who represented Allen
were not allowed to present certain witnesses and evidence.
"We'll fight it and get reversed
because we're not going to sit still and
let anyone be killed in this state. It's so
damned abhorrent, especially at Christmas time. Mercy!" he said.
Eight prisoners have been put to
death in New Mexico since 1933, but
there have been no state executions
since David Cooper Nelson died in the
gas chamber in 1960.
Invalidated in 1976 and re-enacted
three years later, New Mexico's capital
punishment law now specifies death by
lethal injection.
Since 1979, New Mexico juries have
returned 12 death sentences. Two men
- Michael Martinez of Grants and
Jerome Martinez of Hernandez - are
on death row at the state Peniten.tiary
near Santa Fe.
Five other cases were commuted by
Gov. Toney Anaya in 1986, and three
were overturned by the state Supreme
Court. Another case involved Terry ALLEN: His
Clark of Roswell, who faces a resen- mother testified .
tencing hearing next March in Silver against him
City.
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