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By SUSAN SHARP
JACKSBORO, TN. (WLAF)- Last week, Heather Allen’s attorney filed a stack of motions ranging from sequestrating the jury to restricting media access in the courtroom while she is on trial for first degree murder in the death of her son.
Heather Renea Allen, and her husband, Brian Neil Allen, both of 2938 Cedar Creek Rd., LaFollette, were charged with first degree murder after they allegedly failed to seek medical attention for their intellectually disabled son, Tanner, in 2023.
Heather Allen is represented by T. Scott Jones. Brian Allen is represented by Rob White. White has not filed the same motions in the husband’s case.
The duo is set for trial Sept. 22 through 25.
Motion to preclude medical records that refer to previous abuse or neglect
Allowing testimony or evidence that mentions any previous neglect or abuse “would confuse the jury” about the current charges, Jones said in the motion. For the jury to hear references to prior abuse or neglect would only serve to color their opinions on Allen’s current situation. Any such reference is also barred under the Tennessee Rules of Evidence, Jones said.
Motion to send questionnaires to all prospective jurors
Scott is asking the court to allow him to send questionnaires to “all prospective jurors who are on the present or prospective jury panels.” Allowing the defendant to send these out will expedite the jury selection process. This “format” increases Allen’s chances of receiving a fair trial, according to the motion.
Motion to sequester the jury
Jones wants the jury sequestered for the duration of the trial. The charges Allen faces “are so inflammatory” it is likely “prejudicial information will be broadcast or published in the media,” he said in that motion. The only way to ensure the jury is not influenced by any media coverage or social media posts is to isolate them while the trial is in progress, according to court records. This will keep the jury “free from external influences,” Scott said.
Motion to stop prosecutors from referring to defense attorney as being “from out of town”
Within this motion, Jones wants the court to prohibit prosecutors from saying he is not from Campbell County. Specifically, he doesn’t want the jury to be told he is “an outsider” or a “non- resident,” the court record said. Allowing him to be referred to in that way by prosecutors “would have a prejudicial effect” on Allen. It could also compromise her right to a fair trial, he said.
Motion to exclude still photographers, TV cameras and microphones in the courtroom
Jones wants these items barred from the courtroom. Alleging “prejudicial media publicity” has already occurred in this case allowing media coverage to continue “would infringe defendant’s fundamental right to a fair trial,” the motion said.
On Oct. 24, 2023, Ausmus, 19, fell following a seizure, according to his autopsy report. He struck his head in the course of the fall and remained bedridden for several days, the report said. While Ausmus was incapacitated, laying in a camper, he had decreased water intake and food intake and received no medical care.
Eight days later, on Oct. 31, 2023, was his last reported food or water intake, the report said. For another week after that, Ausmus was, who was incapable of helping himself, remained bedridden.
On Nov. 7, 2023, his mother found him cold and presenting with blueish purple lips, according to the autopsy report. That is when she called for medical assistance.
After being airlifted from the Cedar Creek Bridge, Ausmus was hospitalized. He died two days later on Nov. 9, 2023.
The autopsy report revealed Ausmus had suffered from swelling of the brain, respiratory failure and dehydration. Along with these conditions, the 19-year-old’s muscles had started to break down, releasing toxins into his system. His kidneys and liver failed as well, according to the report.
Ausmus was neglected after he fell which complicated his Epilepsy. The absence of food, water and no medical care following the seizure induced fall prompted the medical examiner to rule the young man’s death a homicide.
They remain free on a $100,000 bond for each.
(WLAF NEWS PUBLISHED 6/18/2026-6AM)