A Michigan Court of Appeals has thrown out an extortion conviction and ordered a new trial for a Jackson County man after the court found the jury was not properly sworn in during his 2011 trial. David Allan was serving a 10 to 20 year prison term following his conviction of conspiracy to commit extortion for working with his daughter to extort money from a man with whom his daughter had consensual sex. In a 3-0 decision, the appeals court found the jury did not take an oath at the start of the trial, assuring they would remain impartial during the trial proceedings.
Allan and his daughter were accused of taking $2,000 or more from a man, who knew Jennifer Allan from her work as a stripper at a downtown Jackson club, by threatening to accuse him of rape. Jennifer Allan, now 30, pleaded guilty to the conspiracy charge and is serving two to 20 years in prison. The Court of Appeals ruling does not affect her sentence.
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