Judge rejects Escambia County capital murder defendant’s bid to dismiss charges

By Brendan Kirby

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    BREWTON, Alabama (WALA) — A judge has denied an Escambia County capital murder defendant’s request that he throw out the charges based on the false testimony of a law enforcement investigators.

Circuit Judge Jack Weaver last summer declared a mistrial after Alabama Law Enforcement Agency investigator Casey Ott testified that a blood sample take from the crime scene never was sent to a state lab for analysis. In fact, it had been analyzed, but lawyers for defendant Jonathan Michael Taylor never got the results.

Taylor’s lawyers argued the charges should be dismissed, altogether.

Weaver denied that request with a one-sentence order, paving the way for the new trial next month. The judge also asked the District Attorney’s Office for a proposed order. That proposed order states that the false testimony was an innocent mistake and that there was no intent to force a mistrial and that there was no intent by the DA’s Office or ALEA to withhold evidence.

“In fact, when the testimony elicited in open court on cross examination by the Defense, the State of Alabama was surprised as well as the Defendant,” the proposed order states.

Prosecutors also noted that seven years had passed from the 2015 killing to the trial.

Taylor stands accused of shooting his ex-girlfriend’s boyfriend, Cory Moncrief, in 2015.

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