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Prosecutor: Taylor Retrial Not Double Jeopardy
Posted Friday, October 16, 2009 ; 06:32 PM | View Comments | Post Comment
Updated Saturday, October 17, 2009 ; 08:58 PM


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Lincoln Taylor is facing his third murder trial.

Story by Jessika Lewis
Email | Bio | Other Stories by Jessika Lewis

Special Prosecutor Dan Dotson has filed his response to motions filed before the West Virginia Supreme Court of Appeals by Lincoln Taylor's attorney.

Taylor has been tried twice for the murder of Fairmont State University student Derrick Osborne over Memorial Day weekend in 2007, and Marion County Circuit Judge David Janes has set a third trial for January.

Taylor's attorney, Martin Sheehan, filed a writ of prohibition and a writ of mandamus with the higher court, asking the justices to disallow the third trial, because he believe it violates Taylor's right to avoid double jeopardy.

Trying Taylor again is not double jeopardy, Dotson said.

The cases Taylor's attorney cites as proof of this alleged violation do not prove Taylor's case, according to Dotson.

Taylor's first trial ended in a mistrial.

A jury acquitted Taylor of conspiracy in his second trial, but failed to reach a verdict on his murder charge.

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User Comments [ post comment ]
User Comment
?
10/22/09 at 4:16 PM
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You're right, method man. The victim didn't come to Fairmont to be a rapper. He came here to deal drugs.
User Comment
LS
10/18/09 at 9:24 PM
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I don't know about the victim but Lincoln Taylor was a Fairmont State Student, I had a couple classes with him, maybe they got they're facts backwards.
User Comment
method man
10/18/09 at 7:10 PM
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Mug ~ that's not what I was referring to, but while you're at it, throw in Ozzy Osborne, Pantera, and punk rock.

My point was that WBOY should get their facts straight. The victim was not a Fairmont State student. Furthermore, I think WBOY knows the victim is not a Fairmont State student. I think they purposefully put that as a favor to the prosecution. It sure makes potential jurors sympathize with a victim more if it is some poor old, young, innocent college student instead of a "rapper" that moved to Fairmont, WV to make it "big" (Hint - the reason the victim was in Fairmont was not to become a rapper).

Man, it must be nice for the prosecution to be able to get whatever they want out in the media. Do you think WBOY gives the other side that same luxury?
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Mugwump
10/18/09 at 5:42 PM
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Method Man... If in your post you are stating the victim was a rapper...then hell's bells...aquit Taylor immediately! Anyone who wastes their life bellowing inane and unintelligible lyrics offers little to enlightened society and deserves a speedy dirt nap!
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Mugwump
10/18/09 at 5:31 PM
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Enlightened...Another response would have been that such a verdict illustrates how ignorant jurors can be. In my experience many are dumb as a stump!

But what should one expect when prosecution and defense strike the intelligent thoughtful ones and pick the mindnumbed addled retirees, and soap-opera addicted housewives who look to Oprah for guidance! A thoughtful, intelligent, clear thinking and independent juror is rare.
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method man
10/18/09 at 1:24 PM
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Since when did a rapper from the capital of South Carolina that moved to Fairmont, WV to make it big become a Fairmont State student. Of course, I give you credit, it does sound better your way.

Although, I guess if you believe the victim moved to Fairmont, WV from Columbia, SC to become a rapper, then you'll probably believe anything.
User Comment
enlightened
10/18/09 at 1:10 PM
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Actually, being acquitted of conspiracy does because if he didn't have prior knowledge of the murder, then how in the hell could he have committed it. Think Kyle!
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Kyle
10/18/09 at 12:38 PM
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for it to be double jeopardy he had to have been convicted of the crime first of all. mistrial and being acquitted of conspiracy(with failing to reach a verdict) does not count as a conviction. get over it dude and just face what you did. in my opinion go for the 3rd trial
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jenna23
10/18/09 at 9:15 AM
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i was wondering if these people are from grafton?some shady people in grafton with the last name!
User Comment
Mugwamp
10/16/09 at 8:35 PM
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Third time's a charm...adios amigo!!!!

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