FULLERTON : Mass Murderer to Remain in Hospital

Edward Charles Allaway, who killed seven people in a 1976 shooting rampage at Cal State Fullerton, is too dangerous to be released from a state mental hospital, an Orange County Superior Court judge ruled Friday.

“I believe that the defendant is a danger to himself and others at this time,” said Judge Donald A. McCartin in denying Allaway’s petition to be placed in an outpatient therapy program, the first step toward freedom.

Despite his ruling, McCartin offered Allaway hope. McCartin said he is “on the brink” of finding that Allaway should be placed in a conditional release program.

McCartin agreed to transfer Allaway, 53, to Napa State Hospital, which is a less restrictive institution than Atascadero State Hospital, where Allaway is confined. Atascadero is the state’s highest-security hospital.

At the conclusion of the hearing, Allaway’s attorney, John Bovee, said the judge’s ruling is “a partial victory” because of the transfer and the recognition that his client might soon be ready to be released.

Orange County Deputy Dist. Atty. Gregg L. Prickett, however, said he did not think that McCartin has the authority to order the transfer and Prickett said he would appeal the move.

Allaway may not renew his request for release for a year.

Allaway has been incarcerated in a state mental hospital since he was found not guilty by reason of insanity for the 1976 shooting rampage--the worst mass murder in Orange County history.

During the rampage, Allaway shot nine people, seven of them fatally, with a .22-caliber rifle at close range in the school library, where he was a janitor.

Patricia Almazan, whose father was killed in the attack, attended Friday’s hearing and said she was disappointed with McCartin’s statements.

“This man is a mass murderer,” Almazan said. “His transfer is one step closer to being released. It’s not right. He should have been eliminated after the shooting.”

Bovee called upon a psychiatrist to testify on Allaway’s behalf. Dr. Paul R. Blair, a UC Irvine professor, said that Allaway suffers from mental disorders but is well enough to be released into the community. “He is not a danger to others, nor a danger to himself,” Blair said. He also concluded that Allaway’s psychopathic behavior appears “to be in full remission.”

Blair’s findings, however, contrasted with the opinions of at least two other physicians who evaluated Allaway. The other doctors recommended that the patient remain at Atascadero for additional treatment.