Rochester, N.Y. -- Opening arguments began Wednesday in the trial of Nicole Allen. The 22 year-old is accused of leaving her three children alone in her mother's apartment that caught fire on September 17, 2008.
Authorities say Allen walked to a store just over a mile away to buy beer with her mother's boyfriend.
Allen wept in court during opening arguments and witness testimony.
Assistant District Attorney Paul Irving said when Allen left her children alone, she never asked anyone to check on them. He said that after a neighbor called Allen on a cell phone to tell her about the smell of smoke coming from the apartment, Allen hung up without saying that her three children were inside.
Irving described how firefighters had to crawl through the apartment in full ger because it was so hot; they could not see because it was so smoky. He also Allen lied to police afterwards about leaving the kids alone and why she went to the store.
He said she told police that she was going to get diapers, though video surveillance tape from the store would show her leaving with only beer.
Allen's attorney said too much focus has been placed on why her client went to the store. She said prosecutors must prove that Allen participated in "reckless conduct." She said Allen did not-- because she had no way of knowing a fire would break out, given the fact that prosecutors acknowledge the fire was an accident.
Allen's attorney said the phone calls her client received from the neighbor were not clear, and Allen was the first to let firefighters know there were children in the apartment.
The defense also addressed the issue of Allen's changing stories to police. The attorney said her client lied because she was afraid child protective services would take her children.
The first witness was Vonnell Smith, Allen's mother's boyfriend. He testified that Allen had already been drinking when she asked him to go to the store with her to buy beer. He said that Nicole told him she was "stressed out."
The prosecutor showed video from the store of the two shopping for beer. This helped establish where Smith and Allen were in the store and what they bought. The video at no time shows Allen looking for diapers.
Smith also testified that when Allen called the neighbor back, as they were walking back to the apartment, she took off running for the apartment once she found out there was a fire. Upon cross- examination, Smith testified that Allen fainted in the driveway once she arrived at the apartment.
Smith testified that Allen asked him to watch the kids while she went to the store, but that he refused. He also said he didn't want her to walk alone. He testified that they initially went to a store near the apartment, but it was closed.
A firefighter then, testified about finding one of the children inside the apartment. He became emotional as he described finding the baby in a car seat with black on the child's face. He said as he brought the baby out of the house he tried to comfort a woman who was crying.
He thought the woman the child's mother, Nicole Allen, but it was instead the neighbor. That's when he learned there were two more children inside. He testified that two other firefighters brought out the remaining two children.
During this testimony, Allen and her friends and family wept.
