Published: September 07, 2008 02:37 am            

Defense continues to lay groundwork

For Huttonsville man accused of being shooter in 2007 murder

FAIRMONT — The defense for a Huttonsville man accused of being the shooter in the murder of a man last year is continuing to lay the groundwork for his upcoming trial.

Lincoln S. Taylor, 24, is the last of four men charged with the Memorial Day 2007 slaying of Derrick D. “Lil D” Osborne to be tried. His trial before Marion Chief Judge David R. Janes will start Sept. 15.

In a final pre-trial hearing Friday, Paul Harris of Wheeling, Taylor’s lawyer, led the examination of four possible defense witnesses.

The four — three women and a man — told private investigators for Taylor and at least one of his co-defendants that Donnell D. Lee had told them that he had killed Osborne.

Marion Prosecutor Patrick N. Wilson wants to keep out those statements.

In his cross-examination, he tried to impeach the witnesses.

They gave their statements to the private investigators after they had given statements to police, the prosecutor said.

They failed to tell police about Lee’s claim, he said.

One of the women said Lee had once claimed to be a “hit man,” taking money for shooting somebody.

On cross-examination, she said she thinks Lee made the claim in December 2006, about five months before the murder.

“If it matters, he’s not a very truthful person,” she said in reply to one of Wilson’s questions. She agreed she took Lee's claims with a “grain of salt.”

Another woman who said Lee was like a boyfriend to her said he once said he “did it,” in the context of Osborne’s murder.

No one else was present when he made the claim, she said.

“But I didn’t believe him. ... He lies a lot,” she said.

A third woman said she heard of Lee’s claim from a friend who heard it from another friend. She agreed with Wilson’s statement that Lee “liked to brag to look cool and to look tough on the streets.”

The male witness said he saw Lee late on Memorial Day night. The man said Lee had told him he had shot somebody.

But Wilson pointed out the witness did not tell police of the claim.

The prosecutor cited Lee’s own statements to police that were introduced as evidence in his trial. In those interrogations, Lee himself never admitted to being the shooter, Wilson said.

Janes said he will rule on the admissibility of the witnesses’ statements before the trial starts.

Wilson won a motion to have the statements considered as unsworn statements.

Toward the close of the hearing, the judge said he found a “disqualifying interest” by the private investigators for the defense.

He said they had a pecuniary interest in obtaining the statements.

Lee was convicted by a jury late last month of first-degree murder and conspiracy charges. The jury recommended mercy on the murder charge, meaning Lee will first be eligible for parole after serving 15 years.

Two other defendants have agreed to plead guilty to lesser charges. They are expected to testify against Taylor.

E-mail Bill Byrd at bbyrd@timeswv.com.

        

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