Motion to dismiss charges against Taylor nixed by Judge Weaver
Circuit Judge Jack Weaver denied a motion filed by Brewton Attorney Earnie White to dismiss capital murder charges against his client, Jonathan Michael Taylor, claiming prosecutorial misconduct.
Taylor faces a possible sentence of life in prison without the possibility of parole or death if convicted of the March 15, 2015 killing of Cory Brian Moncrief. Taylor’s co-defendant, Nadiya Diane Walker, has pleaded guilty to conspiracy to commit murder and has agreed to testify against Taylor at his trial.
Walker faces a possible sentence of 15 years in prison and Judge Weaver said he would wait until after Taylor’s trial to impose Walker’s sentence.
Taylor’s first trial, scheduled in March, was continued after White learned of Walker’s guilty plea and the fact that she was going to testify against Taylor.
Judge Weaver granted a mistrial in Taylor’s July trial when White learned there was evidence not given to the defense during the discovery period.
On Sept. 30, White filed a motion on behalf of Taylor asking Judge Weaver to dismiss the murder charges or at least request a jury trial on whether there was misconduct by that state which could possibly invoke the double jeopardy clause and Taylor could not be tried again.
In his motion White noted that Alabama Law Enforcement Agency Agent Casey Ott testified in the July trial that blood samples were taken inside Moncrief’s apartment. However, White said Ott testified that he did not submit them for DNA analysis because Walker confessed that the blood found on the bathroom floor was hers.
In his motion, White said “We now know that the blood belonged to the deceased”.
White stated that Ott testified under oath that the cotton swabs were not sent to the lab for DNA analysis and testified the swabs were in the evidence storage locker in Summerdale.
White noted that the cotton swabs had been sent to the lab for DNA analysis and that the samples were “inconclusive”.
In his motion White said “Due to the state’s repeated violations of the Alabama Rules of Criminal Procedure and the defendant’s right to due process, the mistrial was provoked and jeopardy was attached. The matter is due to be dismissed.”
Judge Weaver, who is presiding over the trial in Escambia County, denied White’s motion on Oct. 21 and District Attorney Steve Billy said Taylor’s capital murder trial will take place in November.
In his order denying White’s motion, the order stated “The court is absolutely convinced that there was no intent or conduct on behalf of the state of Alabama during the trial to have the court declare a mistrial. The court further finds there was no intent by the district attorney or any ALEA officer to withhold evidence (DNA swabs) from the defense.”
The order stated that agent Ott testified that he forgot he submitted the DNA swabs for testing, noting it had been seven years since the murder.
“The court heard and observed the testimony of Agent Ott and is convinced that he nor anyone on behalf of the state of Alabama did anything to have the court declare a mistrial in this case,” the order read.
