Lawyer: Clues point to true killer
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By Brent Curtis STAFF WRITER - Published: October 8, 2009
The defense attorney representing a 15-year-old Wells boy charged with killing his mother is arguing that there isn't any forensic evidence linking Christian J. Taylor to the crime — but there are clues that point to someone else.
Taylor was charged last year with second-degree murder in the death of Francine Morgan.
But in a successful motion to reduce bail for Taylor — who is now free on strict conditions of release — defense lawyer Brian R. Marsicovetere, of White River Junction, argued that there was no forensic evidence linking Taylor to the killing which he said was "probably" carried out by someone else.
"The weight of the evidence alone in this case absolutely supports a reduction in bail," Marsicovetere wrote. "This conclusion is further bolstered by other recently-discovered information indicating that a third party had motive, opportunity and probably committed the offense."
Marsicovetere didn't identify the "third party" in his motion or during a hearing on the motion in Rutland District Court. Reached by phone, Marsicovetere said more information about the unnamed party would probably be released during future court hearings.
"I just want to say that Christian absolutely maintains his innocence," he said.
Marsicovetere supports that argument in his motion by pointing to the lack of forensic evidence linking him to the crime.
Police said Taylor was the only person at the home he shared with his mother and stepfather when the killing took place. In an affidavit, police said Taylor knew key details of the bedroom crime-scene and the manner in which his mother died — details only the killer would know.
But Marsicovetere said many of the details Taylor recalled during interviews with police were either wrong or were observed by the teenager when he checked on his mother the morning after her slaying.
Moreover, Marsicovetere said there was nothing forensically linking Taylor to the crime.
"That the police were not able to find a single shred of forensic evidence linking this then 14-year-old boy to his mother's homicide speaks volumes about his innocence: no gun was found; no bloody clothes were found; no traces of blood on his body or clothes; no injuries; and no blood found anywhere in the home other than the bedroom and the front door," Marsicovetere wrote.
The defense attorney's assertions prompted Judge Thomas Zonay to ask prosecutors if they agreed.
"From the state's position, are there any of his factual representations that aren't accurate?" Zonay said, directing his question at Rutland County State's Attorney Marc Brierre.
"It's generally accurate," Brierre said. "But our interpretations are different."
That said, Brierre didn't contest Marsicovetere's motion to reduce Taylor's bail from $500,000 to $150,000 — with only a 10 percent payment required for Taylor's release.
"We're not agreeing to the bail on the strength of the evidence," Brierre said. "We're doing it because we deposed (the relatives who Taylor is living with), he has no record and he has significant ties to the community."
Taylor, who faces a minimum of 20 years in jail and a maximum life sentence if convicted of murder, is required by court order to live with his aunt and grandmother in Rutland. He is also under a 24-hour, seven-day curfew with exceptions only for a community high school run by the state Department of Corrections and for outings while accompanied by his aunt or uncle.
His conditions include arrest without a warrant if he breaks any of his conditions of release.
brent.curtis@rutlandherald.com
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