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Published: August 19, 2009 02:20 am    print this story  

Taylor’s third murder trial on hold

Defense continues effort to throw out part of state’s case

By Mallory Panuska
Times West Virginian

FAIRMONT — Lincoln Taylor will no longer be standing trial next week as his defense attorney continues to pursue previously unsuccessful efforts to throw out a chunk of the state’s case.

A 24-year-old Huttonsville native, Taylor faces first-degree murder charges for allegedly pulling the trigger that killed Derrick “Lil’ D” Osborne on Memorial Day 2007.

He has gone to trial twice, with the first ending in a mistrial after four days because of jury misconduct and the second a hung jury on the first-degree murder charge and an acquittal on a charge of conspiracy. And up until this week, Taylor was set to go to trial for the third time to face the murder charge on Monday, Aug. 24.

But late last week, Judge David R. Janes denied a motion filed by defense attorney Martin Sheehan in mid-July asking to suppress a significant amount of the state’s evidence based on the grounds of double jeopardy.

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