DRUG-RELATED CHARGES DISMISSED AGAINST FORMER COAST SURGEON

JACKSON COUNTY -- A Jackson County judge Tuesday signed off on an
order dismissing drug-related charges against Dr. David Bruce Allen,
a retired heart surgeon who was jailed 14 months before a mistrial
was declared at his trial last year.

Allen was arrested in 2009 on charges accusing him of growing
marijuana on his 50-acre farm on Mississippi 63 in the Escatawpa
community, also known as "The Blue Hole."

Allen, who had been a medical marijuana doctor in California, was
released from the Jackson County jail in February after the mistrial
was declared on charges of manufacturing and transporting a
controlled substance. Circuit Court Judge Robert Krebs dismissed four
other charge against Allen, 55, because of a lack of evidence.

Jackson County District Attorney Tony Lawrence released a statement
Tuesday announcing his decision not to retry the case, instead
dismissing the remaining two charges against Allen.

He said the jury's inability to reach a verdict at Allen's trial
"casts doubt on the sufficiency of the evidence in light of the fact
that there is no new evidence at a re-trial of this matter."

"The state of Mississippi has reviewed the transcript of the Feb. 7,
2011, trial and does not feel there would be evidence beyond a
reasonable doubt to convict ... (Allen) ...in light of the fact that
there was no actual grown marijuana found on the property and no new
evidence exists which could be offered at a subsequent trial.
Further, the alleged transfer of a controlled substance was not done
in the presence of law enforcement but was based solely on the
testimony of a lay witness."

Allen's attorney, Michael Crosby, said Tuesday he learned of the
decision after he called to check on a hearing in the case, which had
been set for Friday. He said the District Attorney's Office contacted
him later and told him to check his fax machine. There, he said, was
the order dismissing the remaining charges against Allen.

"This has been a long ordeal but we have a very just conclusion,"
Crosby said. "I am thankful that they were willing to look at the
evidence and review the transcript and make the right decision
instead of putting Jackson County through another expensive trial."

Allen, reached Tuesday in California, said Crosby's work on the case
ultimately led to his freedom.

"He saved my life, and I'm just lucky to have survived this," Allen
said. "I feel vindicated but I was tortured during this. I used to do
heart surgery and I thought heart surgery was stressful. You are the
only person in the room who can save that person. That puts a lot of
stress on you. I can now tell you how much more stressful doing
criminal law is. The psychological trauma of practicing criminal law
is unbelievable. Mr. Crosby saved my life."

In December, Circuit Court Judge Kathy King Jackson signed an order
allowing Allen to keep his land and other property seized in the
marijuana investigation. The Jackson County Sheriff's Department and
the Narcotics Task Force of Jackson County seized the property
following a raid there.

Allen initially was accused of growing marijuana on his property and
shipping hashish from California to Mississippi for his sister and
brother-in-law, Gail and Rodney Lee, to sell.

Narcotics agents seized marijuana seeds but no pot plants, according
to court testimony.

Allen's sister and brother-in-law were living on the property when it
was raided. They were arrested on related charges, but their charges
were dismissed after they agreed to testify for the state.

Allen retired as a heart surgeon in 2007 after working about 15 years
at a clinic in Pascagoula.

He had medical privileges to practice at Singing River Hospital.

Lt. Curtis Spiers, who was commander of the Narcotics Task Force
during the Allen investigation, was transferred to a federal
assignment in November. When asked if the transfer had anything to do
with the Allen case, Byrd said in an earlier interview he could not
discuss personnel issues. He did say Spiers expressed an interest in
a federal assignment and "was the best man for the job."