A Marion County judge ruled Tuesday that testimony from a co-defendant's 1980 trial will be admissible in a murder trial set to begin next Tuesday, despite the defense's allegations of perjury and withholding of evidence.
William Claybourne "Clay" Taylor, 68, faces charges of first-degree murder and aggravated battery in the shooting death of Walter H. Scott, 64, of Archer, in 1977. Then-Williston Mayor Eugene T. Bailey was shot in the face, chest and stomach area, but survived. Officials believe the attack was an assaination attempt with Bailey as the target and Clay Taylor as the triggerman.
Raymond Ellis "Ray" Taylor, Clay Taylor's brother and co-defendant, was tried and convicted of the same charges in 1980. Only after his trial did misdoings by investigators and the state come to light. Information favorable to Ray Taylor was not disclosed to his attorney, something the state is required to do. His conviction was eventually overturned and he pleaded to second-degree murder for a credit-time-served deal.
While his brother worked his way through the judicial system, Clay Taylor was on the lam. After posting bond and disobeying orders to return to Ocala from Tennessee, he moved to Reidsville, North Carolina, married and ran a wallpaper store under the name James Manion. He was one of the FBI's most wanted and was only arrested in 2016.
The same withheld information that deprived Ray Taylor of a fair trial now deprives Clay Taylor of one, defense attorney Steven Laurence argued. Actual records of conversations and statements of witnesses have gone missing (intentionally, Laurence alleges) in the 41 years since the murder. Without knowledge of that evidence at the time, possible defense leads were never followed.
"The State's misconduct deprived the defense then and now of due process and a fair trial," Laurence wrote in a December 2017 motion to suppress testimony. "The defendant was and is unable to confront and develop witnesses that could provide favorable information due to the misconduct of the State."
A third man involved in the shooting, Paul Allen, testified against Ray Taylor in exchange for probation. Laurence argued that a transcription of a conversation between Allen, his lawyer, the state attorney and a Marion County Sheriff's Office captain prove the group planned to put up perjurious testimony.
Assistant State Attorney Bill Gladson, who is prosecuting the case, said Laurence's allegations are mere speculation. The group never overtly said that was their goal, he added.
Ray Taylor is expected to be called to the stand in his brother's trial. Laurence and Gladson both said Ray Taylor has made it clear that when questioned on the stand, he will answer by saying he doesn't know or remember. Gladson plans to bring in relevant parts of Ray Taylor's transcribed 1980 testimony into evidence.
"How the heck am I supposed to cross (examine) someone who doesn't remember?" Laurence asked 5th Circuit Judge Anthony Tatti.
In that testimony, Ray Taylor places the blame on Clay Taylor. There was even an apparent phone call between the brothers, allegedly recorded by Ray Taylor, in which Clay Taylor allegedly admitted to the shooting. But that recording has never been recovered.
Tatti denied Laurence's motion stating that just because a trial is unfair to defendant A does not mean defendant B can bring up those same issues. Clay Taylor was rarely mentioned in trial testimony.
Clay Taylor's trial will begin Jan. 16 and last four days. If he is found guilty as charged, he will face a sentence of life in prison without the possibility of parole.
Contact Katie Pohlman at 867-4065, katie.pohlman@starbanner.com or @katie_pohlman.